2008 Adopted Resolutions of the Town Board of Schodack, NY

Resolutions adopted 10 January 2008 at the Town Board Organizational Meeting (24 Jan 08 Resolutions)

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

Regular meetings of the Town Board will generally, throughout the year 2008, be held at 7 p.m. on the second Thursday of each month, at the Schodack Town Hall at 265 Schuurman Road unless otherwise duly noticed, as follows:

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

Workshop sessions to more thoroughly review issues of importance to the Town will generally be held at 7 p.m. on the fourth Thursday of each month, at the Schodack Town Hall at 265 Schuurman Road unless otherwise duly noticed as follows:

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

Appoint Kathleen A. Blake Affirmative Action Coordinator for the calendar year 2008.

Designate the following banks as depositories for all Town funds for the calendar year 2008: Key Bank, N.A., Bank of America, MBIA, First Niagara, Pioneer and HSBC.

Appoint William Dikant part-time Justice Court Officer for the calendar year 2008 at hourly rate set forth in the Year 2008 adopted budget.

Appoint David Calarco as Chairman of the Zoning Board of Appeals for the calendar year 2008 at a salary as set forth in the year 2008 adopted budget.

Pursuant to Article III, § 30 of the Town Law, the Receiver of Taxes hereby appoints Nancy Lawlor as Deputy Receiver at the hourly rate set forth in the Year 2008 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 Director of Planning and Zoning Fuda, Comptroller Mulligan and Planning Board Attorney Nugent (Nugent - lodging only) to attend seminars for the Annual Meeting of the Associations of Towns February 17-20, 2008 with appropriate expenses to be borne by the Town.

Authorize Town Clerk Conlin as the voting delegate, Comptroller Mulligan 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 Service, Inc., and Nassau Ambulance for provision of emergency medical services for 2008 as set forth in the Year 2008 adopted budget.

Appoint Gene Paul Martel as the Dog Control Officer for the calendar year 2008 pursuant to the Year 2008 adopted budget.

Pursuant to Chapter 32 Section 1 of the Code of the Town of Schodack, appoint Peter D. Schweigert, Alison Signor, Jeffrey Conlin, Code Enforcement Officer, Gary Ziegler, Code Enforcement Officer, Jeffrey Arno, Police Officer, Christopher Oglesby, Detective James Morgan, and Steven Kelly to the Town of Schodack Fire Investigation Unit for the calendar year 2008.

Appoint Sheila Golden as Director of Youth and Recreation for the calendar year 2008 at salary set forth in the Year 2008 adopted budget.

Appoint Angelo DeFrancesco to the position of Water/Sewer Manager at annual salary set forth in the Year 2008 adopted budget.

Appoint Karen Justus as Assistant to the Assessor at annual salary set forth in the Year 2008 adopted budget.

Pursuant to Town Law § 103, Article 8 Supervisor Secor appoints Renee! Bult as the Budget Officer for 2008 at salary set forth in the Year 2008 budget.

Authorize Supervisor Secor to execute agreement on behalf of the Town of Schodack with the Rensselaer County STOP DWI program for the calendar year 2008.

Appoint Diane Lebrecht as Secretary to the Superintendent of Highways at hourly rate set forth in the Year 2008 adopted budget.

Appoint Laura Palmer as Assistant Comptroller on a part-time basis at the hourly rate set forth in the Year 2008 adopted budget.

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 K. Michal Ziegler, Councilman, as Deputy Supervisor.

Appoint Angelo DeFrancesco to the position of Park Manager at annual salary set forth in the Year 2008 adopted budget.

Appoint Sherri Smith as Secretary to the Building Department at salary set forth in the Year 2008 adopted budget .

Authorize Supervisor Secor to execute contracts with Village of Castleton-on-Hudson, Castleton Fire Company, the Board of Commissioners of Nassau Fire District Number One, 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.

Appoint Jamie Morgan Assistant to the Senior Court Clerk on a full-time basis at the hourly rate as set forth in the Year 2008 adopted budget.

Appoint Deborah A. Vadney Assistant to the Senior Court Clerk on a full-time basis at the hourly rate as set forth in the Year 2008 adopted budget.

Appoint Bruce P. Goodall Director of Transfer Station at salary set forth in the Year 2008 adopted budget.

Appoint David L. Gruenberg, Esq., as Attorney to the Town, remuneration as set forth in adopted budget 2008. Term to run concurrent with Supervisor and expires December 31, 2009.

Appoint Walter Wheeler as Webmaster for salary set forth in the Year 2008 adopted budget.

Appoint Rodney C. Powis, Esq., as Deputy Town Attorney to act as Traffic Prosecutor for Vehicle and Traffic matters at Schodack Justice Court at a annual salary as set forth in the Year 2008 and Year 2009 respective adopted budgets. Term to expire on December 31, 2009.

Appoint Denise Mayrer as a member of the Planning Board at salary set forth in the Year 2008 budget. Term to expire December 31, 2014 and further designate Denise Mayrer as Vice Chairman of the Planning Board for the calendar year 2008.

Appoint Roland Ferris to the Rensselaer County Fire Advisory Board. Oath is to be taken at Rensselaer County Clerk's office. Term to expire December 31, 2008.

Approve contracts and authorize Supervisor Secor to execute contracts with the Castleton Public Library, East Greenbush Community Library, and Nassau Free Library as set forth in the Year 2008 adopted budget.

Pursuant to the Article III, Section 29 (15) of the Town Law, Supervisor Secor hereby appoints Dawne M. Kelly, as Confidential Secretary to the Supervisor, at the annual salary set forth in the Year 2008 and Year 2009, respective adopted budgets. Term to run concurrent with the term of Supervisor and expires on December 31, 2009.

Pursuant to Town Law § 150 (2), appoint Supervisor Secor as Police Commissioner. Term to run concurrent with the term of Supervisor and expires on December 31, 2009.

Appoint Nadine Fuda as Director of Zoning and Planning/Zoning Enforcement Officer at annual salary as set forth in the Year 2008 adopted budget.

Appoint Melissa A. Knights, Secretary to Director Planning/Zoning, at annual salary as set forth in the Year 2008 adopted budget.

Appoint Jennifer L. Mulligan, CPA, as Comptroller at annual salary as set forth in the Year 2008 adopted budget.

Appoint Cherie Gitto as Staff Accountant at annual salary as set forth in the Year 2008 adopted budget.

Appoint Kathleen A. Blake as Payroll/Personnel Clerk at an annual salary as set forth in the Year 2008 adopted budget.

Appoint Roland D. Ferris as Data Collector on a part-time basis as deemed appropriate by the Assessor at an hourly rate as set forth in the Year 2008 adopted budget.

Authorize Supervisor Secor to execute lease agreement with Pitney Bowes for a new mail system Model DM500 with 5-pound scale and 100-departmental accounting for a period of 51-months and at the monthly rate of $344.

Appoint David C. Smith as a member of Zoning Board of Appeals at salary set forth in the year 2008 adopted budget. Term to expire on December 31, 2012.

Authorize Jennifer Mulligan, CPA, Comptroller and Cherie Gitto, Staff Accountant to attend NYS GFOA Annual Conference April 2-4, 2008 in Albany, New York. Cost of the Conference and Seminar is $280 for the Comptroller's attendance April 2-4 and $140 for the staff accountant's attendance on April 2nd for a total of $420. All appropriate expenses to be borne by the Town.

Authorize Partial Payment Estimate No. 1 to Wastewater Technologies, Inc. for the work completed for East Schodack Sewer District No. 5 - Phase 1 Improvements in an amount of $82,224.69 contingent upon receipt of documentation for affidavit and certification of contractor as to payment of wages and subcontractors and certified payrolls.

Pursuant to Article 3 Section 30 of the Town Law, the Town Clerk hereby appoints Lois Ciccolella Deputy Town Clerk at the annual salary set forth in the Year 2008, 2009, 2010 and Year 2011, respective adopted budgets. Term to run concurrent with the term of Town Clerk and expires on December 31, 2011.

Pursuant to Article 3 Section 30 of the Town Law, the Town Clerk hereby appoints Karen A. Vecchione Deputy Town Clerk at the annual salary set forth in the Year 2008, 2009, 2010 and Year 2011, respective adopted budgets. Term to run concurrent with the term of Town Clerk and expires on December 31, 2011.

Pursuant to Schodack Town Law Section 60.5 the Records Advisory Board shall consist of five members, being the Town Supervisor, the Town Historian, the Town Attorney, the Town Clerk and the Records Coordinator. Karen A. Vecchione is hereby appointed Records Coordinator at an hourly rate as set forth in the Year 2008 adopted budgets.

Appoint Donna Conlin as Registrar of Vital Statistics and Karen A. Vecchione as Deputy Registrar of Vital Statistics pursuant to Section 4122 of the Public Health Law at salary set forth in the Year 2008 budget. Terms to run concurrent with the term of Town Clerk and expires on December 31, 2011.

Amend Resolution 2007-476 adopted on December 13, 2007 to restate title "Tax Folder (Tax Assistant) as Tax Clerks and appoint Bryon Lewis, Sandra Schell and Michael Lubbers as part-time Tax Clerks at an hourly rate as set forth in the Year 2008 adopted budget.

Appoint members to the Public Safety Advisory Committee as follows: Steven Kelly and Chief Bernhard Peter to one-year terms to expire on December 31, 2008, Kenneth Holmes to a two-year to expire on December 31, 2009, Debbie Lammerts and Sergeant Jonathan Reickert to three-year terms to expire on December 31, 2010.

Authorize the Supervisor to issue a Bond Anticipation Note in the amount of $785,833.00 dated January 25, 2008 (1) renewing $733,333.00 of a prior Bond Anticipation Note as follows: (a) $633,333.00 for water systems improvement including development of two production wells, design of a permanent pump station and related improvements (b) $100,000 for appraisal of all the real property in the Town of Schodack to assist in the assessment thereof for purposes of taxation (2) new Bond Anticipation Note as follows: (a) $35,000 to finance the water system improvements to water district 2a, 2b, 4, 5 and 8, (b) $17,500 to finance the water system improvements for the alternate tower site (major facility).

Authorize the Comptroller to audit claims and direct the Supervisor to pay the claims pursuant to Town Law § 119(2) as the claims become due.

Authorize Supervisor Secor to approve staff attendance at educational seminars if registration and expenses are deemed to be appropriately budgeted and do not exceed $100 in the aggregate.

Pursuant to General Municipal Law Section 85, any checks written to the Town tendered as payment and returned will have a $20 fee imposed.

Authorize Gary Ziegler, Building Inspector to attend the Northern Adirondack Code Enforcement Officials Association Conference at the Crown Plaza Hotel in Lake Placid, New York, March 3 through March 6, 2008. Cost is $240. Lodging and other appropriate expenses to be borne by the Town.

Appoint Nicole A. Thomas as part-time janitorial staff at an hourly rate as set forth in the Year 2008 adopted budget.

Appoint Nicholas J. Peter, Thomas M. D. Jones, and Clark L. Roehr, Jr. as part-time police dispatchers at an hourly rate as set forth in the Year 2008 adopted budget.

WHEREAS, the Town of Schodack received a cash bond in the amount of $36,500 from Joseph Perez for Blueberry Meadows Subdivision on September 19, 2007 and

WHEREAS, the surety was requested for certain improvements as identified in a letter from Laberge Engineering dated June 29, 2007, specifically $30,000 for "Top Course asphalt and binder course asphalt repairs"; $2,500 for "Monuments and lot corners" and $4,000 for "the street trees" in the Reno Road subdivision a/k/a "Blueberry Meadows" and

WHEREAS, Performance Bond #S431428 has been reviewed by the Planning Board attorney for form and substance and found it to be acceptable,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby accepts the Performance Bond #S431428 in the amount of $36,500 and authorizes the release of the cash escrow in the amount of $36,500 plus interest of $310.87 for a total of $36,810.87 to JP and Sons, LLC.

Appoint Stuart McKnight, Richard Eckel, Michael McDowel, Josh Walters and Jason Laurenzo as part-time police officer at an hourly rate as set forth in the Year 2008 adopted budget.

Appoint Kenneth J. Holmes as Superintendent of Highways at the annual salary set forth in the Year 2008 and Year 2009, respective adopted budgets. Term to run concurrent with the term of Supervisor and expires on December 31, 2009.

Establish a fee schedule for fingerprinting service, not related to an arrest, at the Schodack Police Department. Only checks or money orders payable to the Town of Schodack will be accepted effective immediately:

Adopt the following additional salaries/hourly rates for the calendar year 2008:

Although not subject to the terms and conditions of the collective bargaining agreement authorize Payroll/Personnel Clerk to compensate wing men who work major holidays during 2008, at time-and-a-half their regular hourly rate for hours worked due to response on a major holiday. A major holiday is defined in the CSEA Collective Bargaining Agreement.

WHEREAS, Daniel M. Roth, son of Steven and Gail Roth, on the twelfth of September in the year two thousand seven, was promoted to Eagle Scout, the highest rank a boy can receive in scouting; and

WHEREAS, Daniel is a member of Boy Scout Troop 53, and has earned twenty-seven Merit Badges in his twelve years of Boy Scouting starting as a Tiger Scout, and

WHEREAS, Daniel earned the Arrow of Light award, the highest Cub Scout honor, and

WHEREAS, as his Eagle Scout project, Daniel chose to construct two new foot bridges at Maple Hill Middle School on the Cross Country trail where the previous bridges had collapsed, and

WHEREAS, Daniel is a senior at Maple Hill High School, where he has been a member of the National Honor Society, Band and Jazz Band and has earned his Varsity Letter as a team member of the soccer, and wrestling teams and is also a member of the Varsity Track team,

WHEREAS, Daniel is interested in pursuing a degree in Criminal Justice at the State University of New York at Brockport, and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Daniel M. Roth upon the auspicious occasion of being awarded the rank of Eagle Scout, Boy Scouts of America; and

BE IT FURTHER RESOLVED, that Supervisor Secor present a copy of this resolution, suitably engrossed to Daniel M. Roth.

Pursuant to the Arts and Cultural Affairs Law, Supervisor Secor hereby appoints Diane Hutchinson, Town Historian, at the annual salary set forth in the Year 2008 and Year 2009, respective adopted budgets. Term to run concurrent with the term of the Supervisor and expires December 31, 2009.

Appoint the following as Fire Marshals for 2008: Dawne M. Kelly - Town Hall; Stuart McKnight - Police Station; and Harry Duncan - Highway Garage.

Withdrawn: Amend Resolution 2007-330 regarding time and materials to upgrade the wastewater treatment plant in Sewer District Number 5 (East Schodack) to authorize an additional five (5) days for Lash Construction at the bid day rate of $2,975 (plus expenses) changing the total number of days to twenty-five (25).

WHEREAS, the Town of Schodack and J. Kenneth Fraser and Associates are satisfied that George J. Martin and Son, Inc. has discharged its obligations under the Contract No. 4E - Electrical Work for renovations at the New Town Hall, and

WHEREAS, the one-year warranty period for said contract expired on September 22, 2007

NOW, THEREFORE, BE IT RESOLVED that the Supervisor is authorized to release negotiable securities (5% of the total contract) in the amount of One Thousand Three Hundred Ninety and Forty-five cents ($1,390.45) plus interest of Thirty and Seventy-seven cents ($30.77) to George J. Martin and Son, Inc. as specified in the Escrow Agreement.

Appoint Timothy Nugent, Esq., as Attorney for the Zoning Board of Appeals at salary as set forth in the Year 2008 adopted budget.

Accept report entitled Proposed Extension Nos. 1 and 2 to Water District No. 8 as prepared by J. Kenneth Fraser and Associates, PE, dated December 2007 and presented to the Board on January 10, 2008 as complete and direct the Town Clerk to file same.

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 1 to 167 on Abstract No. 01-08, in the amount of $371,256.65, including the claims paid since the previous town board meeting.

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

Withdrawn: Authorize Supervisor Secor to execute agreement with Hartgen Archeological Associates, Inc., for Phase IB Archeological Field Reconnaissance (Schodack DWSRF Revision) in an amount not to exceed $8,300.00 for proposed water tank location and transmission line as set forth in a proposal dated January 14, 2008.

Withdrawn: Authorize Supervisor Secor to execute agreement with Dente Engineering for Subsurface Investigation and Geotechnical Evaluation in an amount not to exceed $9,480.00 for proposed transmission line as set forth in a proposal dated January 15, 2008.

Designate the following as official election polling places for the Town of Schodack:

Request the New York State Department of Transportation to establish No Parking Zones on Route 9 in the vicinity of Pilot Travel Center and Routes 9 & 20 in the vicinity of Dunkin' Donuts as allowed by law and for New York State to post appropriate signage to alert motorists to said No Parking Zones.

Withdrawn - Resolution for Schodack Landing Sewer District Number 8 as follows: [Excerpt posted on Bulletin Board in meeting room].

Appoint Diane Hutchinson as part-time Tax Clerk at an hourly rate as set forth in the Year 2008 adopted budget.

Authorize J. Kenneth Fraser and Associates, PE, to conduct a modified Phase I Environmental Assessment of the proposed site of the Schodack Landing wastewater treatment facility to include a Phase I assessment plus on-site test boring in cooperation with the Town Highway Department at a fee not to exceed $3,000.

Approve and adopt the January 16, 2008 amendment to the map, plan and report dated March 2006 prepared J. Kenneth Fraser and Associates, PE, and direct that the Town Clerk attach said amendment to the original March 2006 report.

Approve the list of the Volunteer Ambulance Workers Service Award Program for all 2007 active Volunteer Ambulance Workers of the Castleton Volunteer Ambulance Service, Inc., as submitted.

Appoint Diane Hutchinson as a member of the Board of Assessment Review at salary as set forth in Year 2008 adopted budget. Term to expire September 30, 2012.

Appoint Richard Pearce as a member of the Board of Assessment Review at salary as set forth in Year 2008 adopted budget. Term to expire September 30, 2008.

Board of Assessment Review members will be paid up to $525.00 each and the Chairmen will be paid up to $630.00 each as set forth in the year 2008 budget. Secretarial services will be available as needed up to $350.00.

Amend Resolution 2008-015 adopted January 10, 2008 to additionally appoint Andy Entwistle to the Town of Schodack Fire Investigation Unit for the calendar year 2008.

WHEREAS, the Henry Knox Cannon Trail traces the route followed by Colonel Henry Knox and his men from December 1775 to January 1776 to transport 59 captured artillery pieces from Fort Ticonderoga and Crown Point on Lake Champlain to General George Washington at Dorchester Heights overlooking Boston;

WHEREAS, this pivotal event of the American Revolution resulted in the evacuation of the British from Boston;

WHEREAS, Henry Knox Cannon Trail Marker No. 25 is located within the Town of Schodack;

WHEREAS, the Hudson River Valley National Heritage Area, with guidance and assistance from the National Park Service, will undertake a project to conserve the New York State Henry Knox Cannon Trail monuments;

WHEREAS, the Henry Knox Cannon Trail monuments are the property of the State of New York;

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack supports the restoration of the Henry Knox Cannon Trail monuments, and grants permission to the Hudson River Valley National Heritage Area and its agents to complete conservation work on Henry Knox Cannon Trail Marker No. 25 located on the east side of Route 9 in the small green at the intersection with Route 20 (about one mile east of the I-90 exits 11 and 11 E ramp) as Knox and the train of artillery followed the road running south at this junction.

Appoint the following individuals to the Board of Ethics created by §27-7 of the Code of the Town of Schodack: Donna Conlin, Town Clerk, Reverend Barbara Dickens, Father Thomas Krupa, Janette Peter, and Paul Stavis, Esq.

Authorize Town Clerk to publish Legal Notice for bid of 500 Neptune Radio Read Water Meters. Delivery to be taken as follows: 175 meters on or before December 31, 2008. The price and quantity of meters purchased by the Town after April 1, 2008 shall be based upon the estimated price at the time of the award for a contract period of two years. Bids to be opened on March 10, 2008 at 3 p.m. at the office of the Schodack Town Clerk, Schodack Town Hall, 265 Schuurman Road.

Authorize Town Clerk to post and notify cancellation of February 28th, 2008 Workshop Meeting of the Schodack Town Board.

WHEREAS, the residents and businesses in the Town of Schodack are served by the following Offices of the United States Postal Service: Castleton-on-Hudson (12033), Nassau (12123), East Greenbush (12061), East Schodack (12063) and Schodack Landing (12156), and

WHEREAS, post offices were closed in the hamlets of South Schodack and Brookview in the past, with these areas now being served by the Castleton-on-Hudson office, and

WHEREAS, none of the post offices are centrally located (two are not in Schodack at all) and territories are so large that often trucks and other delivery vehicles are miles out of their way due to the confusion created by the configuration of the mail delivery routes, and

WHEREAS, the Town of Schodack does not enjoy a clear sense of community or a true community center due to these postal zones, and

WHEREAS, the current configuration of the Post Office delivery routes and zip codes is not efficient, despite upgrades in technology that allow for mail sorting at the General Mail Facility in Albany, New York,

NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Schodack hereby requests assistance from our Congressional representatives to initiate a dialogue with the United States Postal Service and/or the General Mail Facility in Albany, New York to realign postal territories to improve service and efficiency and establish local pride and a sense of community for the Town of Schodack.

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

WHEREAS, Gary VanValkenburgh has distinguished himself as a person of outstanding ability, establishing a high standard of integrity, and has imparted a sense of fairness, and compassion to his long-tenured role as a Fire Investigator with the Fire Investigation Unit in the Town of Schodack, and

WHEREAS, Gary played an integral role in the establishment of the unit following several arson-related blazes which caused community concern, and

WHEREAS, Mr. VanValkenburgh was duly appointed to the Fire Investigation Unit at its inception on December 10, 1981, thereby making himself readily available to investigate the cause and origin of fires within the Town of Schodack, and

WHEREAS, Gary attended the training programs at the New York State Fire Academy in Montour Falls and the RBI to enhance his skills as a fire investigator, and

WHEREAS, as a member of the unit Gary worked cooperatively with the Schodack Police Department, the East Schodack Fire Company, all Schodack Fire Chiefs and EMS providers, and assisted with scene investigations under the jurisdiction of the Rensselaer County Fire Investigation Unit and also served as a member of the Juvenile Fire Setters program through Rensselaer County,

NOW, THEREFORE, BE IT RESOLVED, that the Legislative Body for the Town of Schodack is moved to honor Gary VanValkenburgh, who has given himself to this community in so many ways and distinguished himself throughout his career and in his contributions to this great Town, bringing great pride to his family, his peers, and his associates through his rare combination of keen intellect, humility and utmost integrity and an impressive role model for all, and

BE IT FURTHER RESOLVED, that the Legislative Body of the Town of Schodack will pause in its deliberations of the 14th day of February 2008 to acknowledge and honor Gary VanValkenburgh upon his retirement from the Fire Investigation Unit and for his twenty-seven years of service to the Town of Schodack in this important capacity, and

BE IT FURTHER RESOLVED, a copy of this resolution, suitably engrossed, will be transmitted to him by the Supervisor and Councilman Curtis.

Authorize Supervisor Secor to execute Letter of Agreement with The Leahy Company, Inc. for Workers' Compensation Insurance Premium Recovery Services. The fee will not exceed fifty percent (50%) of the actual refunded premiums. If no recovery, there will be no fee.

Ratify and affirm that Supervisor Secor executed purchase agreements with Eastern Copy Products, LLC. for one (1) Konica Minolta Bizhub 600 copier for use of all Town Hall offices in the amount of $9,995.00 and one (1) Muratec 2030D for use in Justice Court in the amount of $1,873.35 and annual maintenance agreements, including parts and labor in the amounts of $1,041.60 and $360.00, respectively.

Authorize Jennifer L. Mulligan, CPA, Comptroller, Laura Palmer, Assistant Comptroller and Cherie Gitto, Staff Accountant to attend Office of the State Comptroller - Advanced Accounting School June 3-5, 2008 in Kingston, New York. Cost is $80 per person for a total of $240. All appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to execute an agreement on behalf of the Town of Schodack with Rensselaer County for the period of January 1, 2008 through March 31, 2008 to enforce DWI laws with special patrols by the Schodack Police Department and to decrease alcohol-related sales to minors, and to execute an Addendum to an agreement entered into December 12, 2007 covering the period from July 1, 2007 through December 31, 2007 for the above-stated purposes.

Authorize J. Kenneth Fraser and Associates to execute agreement with Hartgen Archeological Associates, Inc., for Phase IB Archeological Field Reconnaissance (Schodack DWSRF Revision) in an amount not to exceed $8,300.00 for proposed water tank location and transmission line, pursuant to Article 2C.2.01A3 Additional services item d of contract as set forth in a proposal dated January 14, 2008.

Authorize the approval of the Official Undertaking as to its form and manner of execution and the sufficiency of the insurance, as surety as prescribed by law.

Authorize Sergeant Reickert to attend the Colt Armorer School April 30 through May 2, 2008 at Troy Police Department, Troy, New York. Cost is $400. All appropriate expenses to be borne by the Town.

Authorize Donna L. Conlin, Town Clerk, to attend the annual New York State Town Clerk's Association Conference in Saratoga Springs, New York April 27 - 30, 2008, with Deputy Town Clerks Karen Vecchione and Lois Ciccolella to attend on alternating days for a total cost of $120.00 ($60 for Town Clerk, $30 each for Deputies). Lodging and other appropriate expenses to be borne by the Town per the 2008 adopted Town Budget.

Appoint Robert L. Beebe, Esq., to represent the Town as special counsel for matters related to the reassessment project currently in progress. Said representation shall be at an hourly rate of $200. This authorization shall not exceed $2,000.

WITHDRAWN: Authorize reimbursement to Denise Mayrer, Planning Board Member, for expenses related to attendance at the Annual Meeting of the Association of Towns February 17 - 20, 2008, or any portion thereof, pursuant to Resolution 2008-010 adopted on January 10, 2008.

Authorize Town Clerk to publish legal notice of hearing to seek input on proposed Operation and Maintenance rates pursuant to the recommendation of the Comptroller for Water Districts Number 2A, 2B, 5 and 8 and Sewer Districts Number 1, 2, 5, 6 and 7. Said hearings shall be commenced at 7:30 p.m. on Thursday, March 27, 2008 at the Schodack Town Hall and shall continue until all comments are heard.

Ratify and affirm that Supervisor Secor executed a supplemental shelter agreement with Drumm Veterinary Hospital to satisfy the requirements of the New York State Department of Agriculture and Markets. It is the policy of the Town that owners, if located, shall be responsible for charges incurred at Drumm Veterinary Hospital and/or Columbia-Greene Humane Society when pets are claimed, as allowed by law.

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: System Improvements to existing Water District Numbers 1, 3 & 7 and identified as DWSRF Project Number 17358 herein called the "Project," is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and

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

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

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 System/Proposed Water District Number 9 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 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;

WHEREAS, the State of New York provides financial aid for household hazardous waste programs; and

WHEREAS, the Town of Schodack, herein called the municipality, has examined and duly considered the applicable laws of the State of New York and the municipality deems it to be in the public interest and benefit to file an application under these laws; and

WHEREAS, it is necessary that a contract by and between the people of the State of New York, herein called the State, and the municipality be executed for such State Aid;

Authorize Partial Payment Estimate No. 1 to Lash Contracting Inc. for the work completed at East Schodack Sewer District No. 5 - Phase 1 Improvements in an amount of $43,096.23 contingent upon receipt of Affidavit and Certificate of said contractor to certify that all wages and subcontractors have been satisfied pursuant to Section 220-a of the Labor Law.

Authorize Final Payment Estimate No. 2 to Wastewater Technologies, Inc. for the work completed and materials supplied for East Schodack Sewer District No. 5 - Phase 1 Improvements in an amount of $25,965.70, including, but not limited to, provide the Town with six (6) copies of Operation and Maintenance Manuals; Provide two (2) years of Operation and Maintenance for the AdvanTex System, covering remote monitoring of the system through the period ending January 11, 2010; Provide a minimum of two (2) site visits for each of the two (2) years of service to adjust and maintain the system; and Correspond with the Owner and Engineer to provide technical support, as required, to assist with system operation. This authorization is contingent upon audit by the Comptroller and approval as to form.

Authorize purchase of a 2008 Volvo L70F loader equipped as per the New York State Contract (FOB Castleton) for purchase price of $96,050 plus single lever control option $1,425, and 3-year/4000 hour full machine extended warranty $5,165 for a total amount not to exceed $102,640.

Authorize purchase of Dump Truck Contract #PC62757, Model 4300 SBA on State Contract together with options listed on quotation dated January 24, 2008 for an amount not to exceed $76,741.49.

Authorize J. Kenneth Fraser and Associates to execute agreement with Dente Engineering for Subsurface Investigation and Geotechnical Evaluation for Water District No. 8 Water Storage and Pump Facility in an amount not to exceed $4,910.00, pursuant to Article 2C.2.01A3 Additional services item b of contract as set forth in a proposal dated February 7, 2008.

Authorize J. Kenneth Fraser and Associates to execute agreement with Soil & Material Testing, Inc. for Subsurface Investigation and Geotechnical Evaluation for Water District No. 8 Transmission Main in an amount not to exceed $4,375 for proposed transmission line, pursuant to Article 2C.2.01A3 Additional services item b of contract as set forth in a proposal dated February 8, 2008.

WHEREAS, pursuant to 6 NYCRR Part 617 of the implementing regulations, State Environmental Quality Review Act (SEQRA), we find that the Town's proposed project to interconnect Water District No. 8 with the Town's well field is classified as an Unlisted Action; and

WHEREAS, these improvements can be described as follows: installation of approximately 7,100 feet of 16-inch water main, hydrants, valves and appurtenances to connect the Town's well field with its existing water transmission system within an existing water district,

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

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 the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-168 to 08-0344 on Abstract No. 02-08, in the amount of $2,554,917.03, including the claims paid since the previous Town Board meeting.

Resolution adopted at Special Meeting, March 7, 2008 (Resolutions of Mar 13 and Mar 27, below.)

Resolution Authorizing Public Hearing on Petition to Increase Maximum Amount to Be Expended for Improvements in Sewer District #8

WHEREAS, the Town Board of the Town of Schodack (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, has received a petition, dated March 6, 2008, pursuant to sections 191 and 202-d of the Town Law (the "Petition"), for the increase of the maximum amount to be expended for improvements in Sewer District No. 8 (the "District"), which petition is signed by the owners of taxable real property situate in the proposed District, owning in the aggregate at least one-half of the assessed valuation of all the taxable real property of the proposed District, as shown upon the latest completed assessment roll of said Town, and including the signatures of resident owners of taxable real property owning taxable real property aggregating at least one-half of the assessed valuation of all the taxable real property of the proposed District, owned by resident owners according to the latest completed assessment roll; and

WHEREAS, said petition purported to describe the boundaries of the proposed District in a manner sufficient to identify the lands included therein as in a deed of conveyance and was signed by the petitioners and acknowledged or proved in the same manner as a deed to be recorded; and WHEREAS, the District is bounded and described as identified as follows: Beginning at a point in the southern boundary line of Rensselaer County, said point also being the south-eastern corner of Tax Map Parcel No. 225.-4-2.1 thence northerly a distance of 3,248 feet more or less, 34 feet more or less, 1,865 feet, more or less, 62 feet more or less, and 1,039 feet more or less, all along the westerly boundary of the Consolidated Rail Corporation and the easterly boundary of the following Tax Map Parcels:

A total distance of 5,209 more or less, to the northeast corner of Tax Map Parcel 218.3-3-4; thence westerly a distance of 288 feet more or less, to a point; thence northerly 303 feet more or less, crossing Defile Lane, to a point, said point being the northeasterly corner of Tax Map Parcel No. 218.3-3-4; thence westerly 496 feet more or less, to a point, said point being the northwesterly corner of Tax Map Parcel No. 218.3-3-21; thence southerly (generally) 221 feet, 40 feet, 78 feet and 194 feet, all more or less, to a point, said point being in the line of the westerly boundary of Tax Map Parcel No. 218.1-3-19, and across the right-of-way of NYS Route 9J from the northeasterly corner of Tax Map Parcel No. 218.1-3-27; thence westerly 102 feet more or less, across the right-of-way of NYS Route 9J and along the northerly boundary line of Tax Map Parcel No. 218.3-3-27 to a point, said point being the northwesterly corner of Tax Map Parcel No. 218.3-3-27; thence southerly (generally) 705 feet, 22 feet, 205 feet, 42 feet and 1,783 feet, all more or less along the eastern boundary of the lands of New York Central Railroad (Amtrak) and the western (generally) boundary of the following Tax Map Parcels: (And excluding the 50 foot Parcel between Parcels 218.3-3-24 and 218.3-3-25)

a total distance of 2,837 feet, more or less, to a point, said point being the southwest property corner of Tax Map Parcel No. 225.1-1-9; thence southeast a distance of 250 feet more or less, to a point, said point being the southeastern corner of Tax Map Parcel No. 225.1-1-22, and also lying in the western right-of-way line of NYS Route 9J; thence 50 feet more or less, across the right-of-way of NYS Route 9J to a point, said point being in the eastern right-of-way line of NYS Route 9J, said point also being on the western boundary line of Tax Map Parcel No. 225.1-2-8; thence southerly 1,382 feet more or less, along the eastern right-of-way line of NYS Route 9J, and also along the western boundary line of the following Tax Map Parcels:

to a point, said point being across the NYS Route 9J right-of-way from the northeastern corner of the westernmost fragment of Tax Map Parcel No. 225.-4-1.23; thence westerly 50 feet more or less, across the NYS Route 9J right-of-way, to a point, said point being the northeastern corner of the aforementioned fragment of Tax Map Parcel No. 225.-4-1.23; thence westerly 108 feet more or less, along the northern boundary line of Tax Map Parcel No. 225.-4-1.23, to a point , said point being the northwestern corner of Tax Map Parcel No.225.-4-1.23; thence southerly 1,971 feet, more or less, along the eastern boundary line of the lands of New York Railroad, also along the western boundary line of the following Tax Map Parcels:

to a point, said point being the southwestern corner of Tax Map Parcel No. 225.-4-3; thence easterly along the southern boundary of Rensselaer County 370 feet more or less, to the point and place of beginning, containing 73.66 acres, more or less, and is shown and described herein, on a map entitled "Town of Schodack, Rensselaer County, New York, Schodack Landing Sewer District No. 8, Proposed Sewer District Map, Appendix A" dated April 1, 2006 and made by J. Kenneth Fraser and Associates, PE, LS, LA, P.C., Consulting Engineers, Land Surveyors, Landscape Architects and Planners, Rensselaer, New York.

WHEREAS, pursuant to a map, plan and report dated March 2006, as amended January 16, 2008, prepared by J. Kenneth Fraser and Associates, PE, competent engineers duly licensed by the State of New York, for the proposed establishment of said District, and construction of improvements proposed as part of proposed Schodack Sewer District No. 8 consisting of a new pressure sewer system to serve the Hamlet of Schodack Landing including new septic tanks, effluent pumps, approximately 7,500 linear feet of 2, 3 and 4 inch diameter pressure sewer piping, and a new Publicly Owned Treatment Works (POTW) with a nominal capacity of 20,000 GPD discharging to the Hudson River serving approximately 73 parcels within the Hamlet, having a total cost not to exceed $2,294,039 (collectively, the "Sewer Improvements"). The costs of Sewer improvements and calculation of per unit capital cost and improvements are further described in the map, plan, and report dated March 2006, as amended January 18, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection; and

WHEREAS, on September 14, 2006 , based upon an Environmental Assessment Form prepared by the Town and after coordinated review of the Town of Schodack Sewer District No. 8, the Town adopted Resolution 2006-340 authorizing issuance of a Negative Declaration of Environmental Significance pursuant to the State Environmental Quality Review Act ("SEQRA"); and

WHEREAS, the maximum amount proposed to be expended for the construction of the Sewer Improvement is estimated to be $2,294,039, and the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable;

NOW THEREFORE, BE IT DETERMINED and stated that the estimated cost of the District to the "typical property" (as defined in the Town Law) is $683.26, annually, consisting of a $513.26 capital charge and a $170 operation and maintenance (O&M) charge; that the Petition for Establishment of Sewer District No. 8 in the Town of Schodack dated April, 2006 previously stated an estimated annual Capital Charge of $425 and an estimated annual operation and maintenance charge to the typical one or two family home of $210; that the proposed method of financing to be employed is Federal and State grants, Federal and State low interest rate loans, and Town of Schodack contribution in the amount of $384.00;and that the Town Board has theretofore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and further that the cost of the District to such typical property is above the average estimated cost to the typical properties for the establishment of similar types of districts, as computed by the State Comptroller;, and be it

ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 265 Schuurman Road, on March 27, 2008, at 6:00 pm to consider the Petition and for the purpose of holding a public hearing to receive comments on the increase of the maximum amount proposed to be expended for improvements in Schodack Landing Sewer District #8, and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it

FURTHER ORDERED, that the Town Clerk publish at least once in The Troy Record, a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of section 30 of the Town Law, a copy of this order, certified by said Town Clerk, the first publication thereof and said posting to be not less than 10 nor more than 20 days before the date of such public hearing.

Resolutions adopted at Regular Meeting March 13th (Mar 27th Resolutions, below.)

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

WHEREAS, the Town Board of the Town of Schodack adopted resolution #2007-472 on December 13, 2007, accepting the proposal of Charles F. Herman & Associates to design, communicate and administer the Town's Section 125 Plan; and

WHEREAS, Charles F. Herman & Associates, has drafted the Flexible Benefits Plan Document and the Plan Amendment for the Addition of Grace Period to Health FSA Component; and

WHEREAS, an Attorney to the Town has reviewed the Plan Document in form and substance;

NOW, THEREFORE, BE IT RESOLVED, to ratify and affirm that Supervisor Secor executed the Flexible Benefits Plan Document and the Plan Amendment for the Addition of Grace Period to Health FSA Component effective March 1, 2008.

WHEREAS, Town of Schodack has heretofore adopted, approved and established the Town of Schodack Flexible Benefits Plan (the "Plan"), as of March 1, 2008; and

WHEREAS, the Plan provides that Town of Schodack may amend the Plan by action of the Town Board; and

WHEREAS, the Town Board of the Town of Schodack has determined that the Plan should be amended as of March 1, 2008 to provide for the addition of a grace period for submission of claims following the end of the Plan Year;

NOW, THEREFORE, BE IT RESOLVED, that Amendment to the Plan, as annexed hereto as Exhibit 1, be, and the same hereby is adopted and the Plan amended as therein provided as of March 1, 2008 as more particularly set forth in Exhibit 1 attached hereto and to be effective as provided therein;

AND BE IT FURTHER RESOLVED, to ratify and affirm that Supervisor Secor was authorized and empowered to execute any and all necessary and proper papers, documents, instruments and agreements in connection with the foregoing amendment and the implementation thereof, and to take all such other and further actions and do all things necessary, proper and appropriate in furtherance of the foregoing.

Authorize Supervisor Secor to execute a Telephone Maintenance Agreement for the Highway Department with ECB Business Communication Systems at an annual cost of $240. Period of the Agreement is February 1, 2008 through February 1, 2009.

Authorize Jeffrey Conlin, Building Inspector, to attend the New York State Building Officials Annual Conference from April 14 to 17, 2008 in Liverpool, New York. The cost of the conference is $350 plus lodging and is a budgeted item.

Ratify and affirm that, pursuant to the recommendation of the Director of Youth and Recreation, Thomas Gibbons is currently employed as a part-time Co-Instructor for Pee Wee Wrestling.

WHEREAS, the Castleton Public Library was chartered in 1909 to serve residents of the Village of Castleton-on-Hudson and has entered the Library's 100th year as a community center and provider of library services, and

WHEREAS, the Town of Schodack has contracted with the Castleton Public Library for many years to provide library services and programs for residents of the Town, and

WHEREAS, February is designated as "Love Your Library" Month, and during February the Castleton Public Library was awarded first runner up for the Best Small Library in America, an award sponsored by Library Journal and the Bill and Melinda Gates Foundation, and

WHEREAS, the Library Director, Darlene Miller and the library staff were an integral part of this recognition as a result of the quality programs Mrs. Miller has developed and continued including, but not limited to, storybook reading hours, senior citizen book mobile, movies and cultural nights, holiday festivities, storytelling camps with performances at the Riverway Storytelling Festival, and many more services through outreach to local schools, clubs and community organizations, and

WHEREAS, Library Director, Darlene Miller, the library staff and the Trustees of the Library are citizens of outstanding ability, establishing a high standard of integrity, and imparting a sense of fairness, and compassion to their mission to provide quality library services to residents of the Village of Castleton-on-Hudson and the Town of Schodack,

NOW, THEREFORE, BE IT RESOLVED, that the Legislative Body for the Town of Schodack is moved to honor the staff of the Castleton Public Library upon the award of the first runner up for the Best Small Library in America and will pause in its deliberations on the 13th day of March 2008 to acknowledge and honor Library Director Darlene Miller, the library staff, and the Trustees of the Library upon the start of the Library's 100th year of service to its ever-expanding community well and with "heart," and

BE IT FURTHER RESOLVED, a copy of this resolution, suitably engrossed, will be transmitted to the Castleton Public Library by Supervisor Secor.

Authorize amendments to the agreement for additional services related to preparation of the Town's Comprehensive Plan with Laberge Associates including a Demographic/ Economic Profile ($4,200) and Stakeholder Interviews ($3,600), as set forth in correspondence dated February 7, 2008 for a total cost not to exceed $7,800. Additionally, as requested, the Director of Planning and Zoning is authorized and directed to purchase and obtain maps from Rensselaer County as set forth therein.

Authorize Supervisor Secor to contract with musicians to perform at the 2008 Music in the Park as follows:

Authorize payment of $3,623.87 to Rensselaer County Bureau of Finance in accordance Town's agreement with Time Warner based on the 2008 Utility report.

WHEREAS, Resolution #2007-167 authorized Schodack Castleton Community Partnership (SCCP) to utilize office space on the third floor of the Schodack Town Hall,

NOW, THEREFORE, BE IT RESOLVED to authorize Supervisor Secor to execute Memorandum of Understanding with the SCCP to provide in-kind support between the dates of October 1, 2008 to September 30, 2009.

Authorize Sergeant Brian Rossiter to attend the 2008 Yates County Sheriff's Office and New York State Sheriffs' Association K-9 Seminar May 4th through May 9th 2008 in Seneca Lake, New York at a cost of $650, with appropriate expenses to be borne by the Town.

Bond Resolution Dated March 13, 2008 Authorizing the Purchase of a 2008 Volvo L70f Loader, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount Not to Exceed $102,640 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. [Excerpt, full text is posted]

Bond Resolution Dated March 13, 2008 Authorizing the Purchase of a Dump Truck Model 4300 SBA, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount Not to Exceed $76,741.49 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. [Excerpt, full text is posted]

Withdrawn (due to incomplete information): Notice of Public Hearing for WD 1, 3 and 7 to amend serial bond resolution adopted earlier

Webmaster $4,500.00
Pee Wee Wrestling Co-Instructors (2/part-time) $ 500.00 each

Authorize Sergeant Reickert and Officer Roy to attend training with the New York Tactical Association Expo and Conference in Poughkeepsie from May 5th through May 8th. Anticipated cost, as budgeted, will be approximately $900. The Police Chief has recommended that both should attend this training as members of the Emergency Response Team.

Amend Resolution 2008-106 to notice hearings to seek input on proposed Operation and Maintenance rates pursuant to the recommendation of the Comptroller for Water Districts Number 2A, 2B, 5 and 8 and Sewer Districts Number 1, 2, 5, 6 and 7. The hearings shall commence at 8:00 p.m. on Thursday, March 27, 2008 at Schodack Town Hall and continue until all comments are heard.

Amend resolution 2006-317, that authorized Supervisor Secor to execute contract with Schindler Elevator for preventive maintenance service agreement on the elevator for a term of August 16, 2006 through August 15, 2016 at an annual amount not to exceed $1,980 for the new Town Hall building, to include an annual price adjustment for the contract price and labor rates for extra work.

Authorize Supervisor Secor to execute contracts with the Edward C. Swartz Southern Tier Senior Center and Castleton Senior Citizens for the establishment, maintenance and operation of programs devoted in whole or in part to the welfare of the aged subject to the approval by Attorney to the Town in form and substance.

Authorize payment of $904.00 annually and renewal of a three-year policy for crime and employee faithful performance of duty bonds provided by Utica Mutual Insurance Company.

Authorize renewal of the Town's liability insurance policy with NYMIR, including property, general liability, auto, inland marine, boiler & machinery, law enforcement and public officials effective April 1, 2008 with a Five Million Dollar Umbrella for the premium of $135,525.75.

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

Authorize Supervisor Secor to execute a contract with the Peter J. Andrews VFW Post No. 7337 for the establishment, maintenance and operation of programs devoted in whole or in part to the welfare of veterans subject to approval by Attorney to the Town in form and substance.

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-0345 to 08-0417, 08-0419 to 08-0487 on Abstract No. 03-08, in the amount of $384,595.56, including the claims paid since the previous Town Board meeting ($54,290.93).

WHEREAS, on February 14, 2008 the Schodack Town Board approved by resolution (2008-085) the Volunteer Ambulance Workers Service Award Program List of all 2007 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 posted the list for thirty (30) days as required by law, and

WHEREAS, they have certified on March 26, 2008 no changes were made to the listing,

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.

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 proposed water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall at 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the second 2008 quarter billing period for water rates for Water District No. 2A (Inglewood) for 32 users shall be $100.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.

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 proposed water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall at 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the second 2008 quarter billing period for water rates for Water District No. 2B (Oakwood) for 55 users shall be $110.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.

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 proposed water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the second 2008 quarter billing period for water rates for Water District No. 5 (Exit 10) for 52 users shall be $90.00 for the first 18,000 gallons and $4.50 for each additional 1,000 gallons or portion thereof."

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 8 (Schodack Center), and

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

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the second 2008 quarter billing period for water rates for Water District No. 8 (Schodack Center) for 87 users shall be $110.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack to schedule a public hearing to be held on March 27, 2008 to consider proposed sewer rents for Sewer District No. 1 and

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the second semi-annual 2008 billing period the sewer rents for Sewer District No. 1 (Castleton) for 98 users shall be $150.00 semi-annual rate per unit."

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the second semi-annual 2008 billing period the sewer rents for Sewer District No. 2 (Castleridge) for 47 users shall be $230.00 semi-annual rate per unit.

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the second semi-annual 2008 billing period the sewer rents for Sewer District No. 5 (East Schodack) for 28 users shall be $300.00 semi-annual rate per unit.

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the second quarterly 2008 billing period the sewer rents for Sewer District No. 6 (Exit 10) for 32 users shall be $8.75 per thousand gallons based upon the water meter readings.

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the second semi-annual 2008 billing period the sewer rents for Sewer District No. 7 (Hamilton Printing) for 12 users shall be $155.00 semi-annual rate per unit.

WHEREAS, the Town Board of the Town of Schodack (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, received a petition, dated March 6, 2008, pursuant to sections 191 and 202-d of the Town Law (the "Petition"), for the increase of the maximum amount to be expended for improvements in Schodack Sewer District No. 8 (the "District"), which petition is signed by the owners of taxable real property situate in the District, owning in the aggregate at least one-half of the assessed valuation of all the taxable real property of the District, as shown upon the latest completed assessment roll of said Town, and including the signatures of resident owners of taxable real property owning taxable real property aggregating at least one-half of the assessed valuation of all the taxable real property of the District, owned by resident owners according to the latest completed assessment roll; and

WHEREAS, pursuant to a map, plan and report dated March 2006, as amended January 16, 2008, prepared by J. Kenneth Fraser and Associates, PE, for the construction of improvements proposed as part of Schodack Sewer District No. 8 consisting of a new pressure sewer system to serve the Hamlet of Schodack Landing including new septic tanks, effluent pumps, approximately 7,500 linear feet of 2, 3 and 4 inch diameter pressure sewer piping, and a new Publicly Owned Treatment Works (POTW) with a nominal capacity of 20,000 GPD discharging to the Hudson River serving approximately 73 parcels within the Hamlet, having a total cost not to exceed $2,294,039 (collectively, the "Sewer Improvements"). The costs of the Sewer improvements and calculation of per unit capital cost and improvements are further described in the map, plan, and report dated March 2006, as amended January 16, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection; and

WHEREAS, the maximum estimated annual cost of the District to the "typical property" (as defined in the Town Law) is $683.26, consisting of a $513.26 capital charge and a $170 operation and maintenance (O&M) charge; that the Petition for Establishment of Sewer District No. 8 in the Town of Schodack dated April, 2006 previously stated an estimated annual Capital Charge of $425 and an estimated annual operation and maintenance charge to the typical one or two family home of $210; that the proposed method of financing to be employed is Federal and State grants, Federal and State low interest rate loans and Town of Schodack contribution in the amount of $384.00; and that the Town Board therefore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and

WHEREAS, the estimated maximum amount proposed to be expended for the construction of the Sewer Improvement is $2,294,039, and the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefitted thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and

WHEREAS, pursuant to Resolution and Order No. 2008-120 the Town Clerk duly published and posted legal notice of public hearing on said Petition and specifying March 27, 2008 as the date, 6:00 p.m. on said date as the time and the Schodack Town Hall, 265 Schuurman Road, Schodack, New York as the place to consider the Petition and to receive comments on the increase of the maximum amount proposed to be expended for improvements in Schodack Landing Sewer District No. 8; and considerable discussion on the matter having been had and all persons desiring to be heard having been heard in favor of and in opposition to said increase and improvements of facilities at the revised estimated maximum cost;

NOW THEREFORE, upon the evidence given at such hearing, it is RESOLVED AND DETERMINED:

WHEREAS, the Personnel Policy and Procedure Manual provides for one week paid vacation after the anniversary date of one year of employment, which can be used after six months of service with Department Head approval, and

WHEREAS, Kathleen Blake, Payroll/Personnel Clerk, has requested time off from June 9th through June 20th 2008,

WHEREAS, one week paid vacation was approved by Jennifer L. Mulligan, CPA, Comptroller, as required pursuant to the Personnel Policy and Procedure Manual,

NOW, THEREFORE, BE IT RESOLVED that Kathleen Blake, Payroll/Personnel Clerk is hereby authorized to take one additional week as unpaid vacation for the period of June 16, 2008 through June 20, 2008.

Authorize Jennifer L. Mulligan, CPA, Comptroller and Cherie Gitto, Staff Accountant to attend the Association of Towns - Eighth Annual Town Finance Schools at Gideon Putnam, in Saratoga, New York, May 15th and 16th, 2008. Cost is $200 per person with other appropriate expenses to be borne by the Town.

Authorize Jennifer L. Mulligan, CPA, Comptroller and Cherie Gitto, Staff Accountant to attend BS&K Workplace 2008 Upstate at the Desmond, in Albany, New York, June 10th, 2008. Cost is $175 per person with other appropriate expenses to be borne by the Town.

Amend resolution 2008-104 adopted on February 14, 2008 appointing Robert Beebe, Esq. as special counsel for matter related to the reassessment project at an hourly rate of $200 to increase the authorized amount not to exceed to $4,000.

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 Districts 1, 5 and 8 in accordance with Town regulations, and

WHEREAS, to purchase water meters which are not compatible with said Neptune water meters 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 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 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 water meters used by the Town of East Greenbush, and

WHEREAS, the sole bid received was from Ti-Sales, Inc., for 500 meters at $231.00 each over a two-year period and is compatible with the Town's Neptune water meters.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the bid from Ti-Sales, Inc. in the total amount of $115,500 to supply water meters.

WHEREAS, the Town of Schodack intends to apply for a Community Development Block Grant from the Office of Small Cites to provide funding for construction of a day care center in the Town of Schodack to be operated by the Commission on Economic Opportunity of the Greater Capital Region, Inc., and

WHEREAS, as a condition of receiving such a grant the municipality is required to conduct a public hearing to seek public input on such application and project,

NOW, THEREFORE, BE IT RESOLVED that a hearing is hereby scheduled to be held at 7 p.m. on Thursday, April 17, 2008 at the Schodack Town Hall at 265 Schuurman Road, Schodack, and the application will be available in the office of the Town Clerk prior to said hearing, and

BE IT FURTHER RESOLVED that the Town Clerk is hereby directed to post and publish legal notice of such hearing.

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 8 (Schodack Center), and

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

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the second 2008 quarter billing period for water rates for Water District No. 8 (Schodack Center) for 87 users shall be $104.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.

Sharing the great news that we were officially in receipt of the Rural Development grant funds for Schodack Landing sewers and that the project was officially underway, the following actions were taken at the brief Town Board meeting:

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

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and

Amend and restate a Bond Resolution dated April 26, 2007 to increase the total authorized amount of serial bonds pursuant to the Local Finance Law to finance said purpose of the Town of Schodack from an aggregate principal amount not to exceed $1,600,000 to an aggregate principal amount not to exceed $2,294,039. [Excerpt -full Resolution posted on Bulletin Board]

Ratify and affirm the emergency purchase of one re-manufactured unit for the purpose of replacing the Town-owned Oxygen Concentration Compressor housed at Castleton Volunteer Ambulance Service, Inc, for a cost not to exceed $4,500 which includes installation and a one-year warranty on parts and labor.

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

Withdrawn: Amend resolution 2008-160 adopted on March 27, 2008 appointing Robert Beebe, Esq. as special counsel for a matter related to the reassessment project at an hourly rate of $200 to increase the authorized amount not to exceed to $6,000.

Accept amended Map, Plan and Report dated March 27, 2008 entitled "Proposed Water System Improvements to Existing Water District Numbers 1, 3 and 7," as revised by J. Kenneth Fraser & Associates, and dated March 2007 (Revised May 2007) as complete.

Resolved to authorize the Supervisor to request enactment of State legislation (1) validating and ratifying (a) the adoption by vote of three members of the Town Board of the Town of Schodack, Rensselaer County, on July 27, 2006 of an amended and restated bond resolution (the "Resolution") authorizing the issuance of up to $2,175,000 of serial bonds by the Town of Schodack, Rensselaer County, for construction of water improvements pursuant to Stipulation of Settlement order of the Rensselaer County Supreme Court dated October 6, 2004 in the matter of Michael V. Thoma, Jr., et al. -v- Town of Schodack, and (b) the issuance of bond anticipation renewal notes or serial bonds under the Resolution, notwithstanding that the authorization of the Resolution by the vote of three members the Town Board as described above did not comply with the requirement for approval by two-thirds of the voting strength of the Town Board under Section 33.00, subdivision a, of the Local Finance Law of the State.

Accept amendment dated April 10, 2008 to a certain Map, Plan and Report entitled "Town of Schodack, Rensselaer County, New York, Proposed Sewer District No. 8, Schodack Landing Area" dated March 2006, as submitted by J. Kenneth Fraser and Associates to revise the operation and maintenance costs and the associated annual cost per unit as $666.63.

WHEREAS, the Town Board of the Town of Schodack on June 28, 2007 authorized the Town Clerk to publish a legal notice to solicit sealed bids for the construction of the Schodack Landing Wastewater Treatment Plant and collection system to serve Sewer District No. 8. Plans pursuant to specifications prepared by J. Kenneth Fraser and Associates and said notice having appeared on July 6, 2007, and

WHEREAS, the Town Board of the Town of Schodack received four (4) bids, which were opened on August 2, 2007 for the construction of Sewer District No. 8 - Schodack Landing, and

WHEREAS, the bids were opened in accordance with its notice and were as follows: Cranbrook Construction, Inc., base bid in the amount of $2,581,670.00, alternate number 1 not bid, and alternate number 2 deduct $30,000.00; Casale Excavating, Inc., base bid $1.925,350.00 with alternate number 1 $585,000.00 and alternate number 2 deduct $40,000; William J. Keller and Sons Construction Corp., base bid in the amount of $1,790,605.00, alternate number 1 bid $163,800.00 and alternate number 2 deduct $17,500; and Lash Contracting, Inc., base bid in the amount of $1,851,000.00, alternate number 1 $167,700.00, alternate number 2 deduct $2,500.00, 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 pursuant to the recommendation of J. Kenneth Fraser and Associates the Town Board hereby accepts the lowest responsible base bid of William J. Keller and Sons Construction Corp., in the amount of $1,790,605.00, and

FURTHER RESOLVE that Supervisor Secor is authorized to execute the appropriate contract with William J. Keller and Sons Construction Corp.

Authorize Supervisor Secor to execute Change Order Number 1 with William J. Keller and Sons Construction Corp. - Contract No. 6 (Sewer District No. 8 - Schodack Landing) - to reduce said contract in the amount of $98,215 for a total project cost of $1,692,390.00.

Adopt the fee schedule for Spring Clean Up Days (May 15, 16 & 17) at the Transfer Station as follows:

WHEREAS, the Town Board of the Town of Schodack (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, has determined pursuant to section 202-b of the NYS Town Law to increase and/or improve water facilities of Water District 1, Water District 3 and Water District 7; and

WHEREAS, pursuant to a map, plan, and report dated March 2007 (Revised May 2007), as amended March 27, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), the construction of proposed water system improvements to existing Water District Nos. 1, 3, and 7 consist of the following:

WHEREAS, the cost of the Water Improvements and calculation of per unit capital cost and improvements are further described in the map, plan, and report dated March 2007 (Revised May 2007), as amended March 27, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack, for the construction of proposed water system improvements to existing Water District Nos. 1, 3, and 7, a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection; and

WHEREAS, on July 26, 2007 , based upon an Environmental Assessment Form prepared by the Town and after coordinated review of the Water Improvements, the Town adopted Resolution 2007-0316 authorizing issuance of a Negative Declaration of Environmental Significance pursuant to the State Environmental Quality Review Act ("SEQRA"); and

WHEREAS, the maximum amount proposed to be expended for the construction of the Water Improvements is estimated to be $954,382, and the assessment, levy and collection of special assessments from the several lots and parcels of land within Water Districts 1, 3 and 7, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable;

NOW THEREFORE, BE IT DETERMINED and stated that the estimated cost of the Water Improvements to the "typical property" (as defined in the Town Law) in Water District No. 1 is $467, annually, consisting of a $299 capital charge and a $168 water usage charge, and that the estimated cost of the Water Improvements to the "typical property" in Water District No. 3 is $592, annually, consisting of a $424 capital charge and a $168 water usage charge, and that the estimated cost of the Water Improvements to the "typical property" in Water District No. 7 is $401, annually, consisting of a $233 capital charge and a $168 water usage charge; and that the Town Board has theretofore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and be it

ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 265 Schuurman Road, on April 24, 2008 , at 7:30 pm to consider a resolution of the Town Board to increase and improve water facilities in Water District 1, Water District 3 and Water District 7 and to increase the maximum amount to be expended for said water improvements and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-0368, 0488 to 0627 on Abstract No. 0408, in the amount of $609,477.18, including the claims paid since the previous Town Board meeting ($319,142.85).

Members of the Schodack-Castleton Community Partnership presented information to the Town Board together with a proposed local law concerning Social Hosts in order to stem underage drinking in the Town. The Board pledged to develop an improved draft of the legislation and to schedule a public hearing in the near future.

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

WHEREAS, M & T Bank has notified the Town of Schodack that they elected not to extend the Letter of Credit, SB-906522-2000 in the amount of $48,000 issued for R. J. Valente, Inc. and

WHEREAS, M & T Bank has requested that the original Letter of Credit be returned upon its expiration of April 20, 2008 and

WHEREAS, on April 16, 2008, KeyBank National Association issued an Irrevocable Letter of Credit, S313625 in the amount of $48,000 for R. J. Valente Gravel, Inc. and

WHEREAS, said Letter of Credit was reviewed the Attorney to the Town for substance and form and found to be acceptable,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby accepts the replacement Letter of Credit, S313625 dated April 16, 2008 in the amount of $48,000 issued by KeyBank National Association on behalf of R. J. Valente, Inc. and directs the Town Clerk to return the expired Letter of Credit, SB-906522-2000 to M & T Bank following adoption of this resolution and expiration of Letter of Credit on April 20, 2008.

Rescind Resolution 2008-177, as adopted on April 10 , 2008, relative to the Town's plan to increase and improve water facilities in Water District 1, Water District 3 and Water District 7.

Withdrawn: Appoint Edmund C. Miller, Sr. as part-time police officer at the hourly rate as set forth in the 2008 adopted budget.

Withdrawn: Appoint William Roberts, III, Ph.D., as part-time Soil and Water Conservation Inspector to coordinate and administer the Town's Municipal Stormwater program pursuant to Local Laws 3 and 4 of the Laws of 2007. Dr. Roberts will serve on a voluntary basis without remuneration or benefits, under the direction of the Building Department, for the remainder of the year 2008. The Attorney to the Town shall prepare an agreement setting the terms and conditions of this engagement.

Authorize Grout Tech, Inc. to perform four core drillings of the floor slab located at the Highway Department Building in accordance with a proposal dated February 20, 2008 for a cost not to exceed $800 and Family Danz Heating & Air Conditioning to stand-by with radiant repair kit to be installed if needed to heating tubes in accordance to proposal dated March 27, 2008 for a cost not to exceed $300.

Withdrawn: WHEREAS, the 2008-09 Executive Budget proposed by former Governor Spitzer contains certain initiatives of the Commission on Local Government Efficiency and Competitiveness which would be the first step to implementing the regionalization or centralization of government functions within county governments, including the assessment and tax collection functions; and

WHEREAS, the initiatives would include "incentives" which would, in fact, penalize towns for failure to participate in the steps toward implementation of regionalization or centralization; and

WHEREAS, it is the Town of Schodack's experience in past regionalization or centralization efforts of certain functions within county government have not resulted in cost savings, but rather, added mandates and costs which the Town of Schodack taxpayers have borne; and

WHEREAS, based on experience, review and consideration of these matters the Town of Schodack Town Board finds that town government can act more efficiently and effectively in serving the needs and responding to the concerns of the taxpayers and that the transfer of functions to higher levels of government often results in the placement of undue financial burdens on local governments, districts and their taxpayers,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby opposes the enactment of those initiatives of the Commission on Local Government Efficiency and Competitiveness contained in the 2008-09 New York State Executive Budget which would promote the transfer of authority and responsibility for government functions from towns to counties; and

BE IT FURTHER RESOLVED that the Town Clerk is directed to transmit certified copies of this Resolution to the Honorable David A. Paterson, Governor, the Honorable Joseph L. Bruno, President Pro Tem of the New York State Senate, the Honorable Tim Gordon, Member of Assembly and the Commission on Local Government Efficiency and Competitiveness established by Executive Order of former Governor Spitzer.

Amend the Cell Phone Policy, as adopted on March 9, 2007 pursuant to Resolution 2007-132, third paragraph by bullet outline, to add the Youth Director and Town Justice as personnel required to utilize assigned cell phones.

Adopt road program as proposed by the Superintendent of Highways to apply Hot Mix Asphalt on the following roads: North Old post Road (between Schuurman and Sally K), Duck Pond Road North, and Oakwood Street ; and to apply double chip seal to the following roads: Lape Road, New Road, Nantasket Road, Rexham Avenue, Terrace Avenue, Cold Springs Avenue, Overlook Road North and Brandt Rock Avenue.

WHEREAS, Alyssa Filkins, daughter of Tom and Jill Filkins, is being recognized by the Rensselaer County YMCA and will receive a Student Service Award, on the twenty-ninth day of April in the year two thousand eight, and

WHEREAS, Alyssa is a Junior at Maple Hill High School, where she is on the Principal's list, and

WHEREAS, she is a three season athlete, participating in Soccer, Basketball and Track and Field and also participates in Band and Choir, and

WHEREAS, Alyssa distinguishes herself by her involvement in extensive community service activities,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack is moved to honor Alyssa Filkins, a YMCA 3nd Annual Student Community Service Award recipient, and

BE IT FURTHER RESOLVED, that the Supervisor present a copy of this resolution suitably engrossed to Alyssa together with the Town Board's commendation upon her achievement.

WHEREAS, Kristen Der Gurahian, daughter of Charles and Sandra Der Gurahian, is being recognized by the Rensselaer County YMCA and will receive a Student Service Award on the twenty-ninth day of April in the year two thousand eight, and

WHEREAS, Kristen is a Sophomore at Maple Hill High School and a three-season sports athlete, participating in Soccer, Basketball and Softball, and

WHEREAS, Kristen distinguishes herself by her involvement in extensive community service activities,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack is moved to honor Kristen Der Gurahian, a YMCA 3nd Annual Student Community Service Award recipient, and

BE IT FURTHER RESOLVED, that the Supervisor present a copy of this resolution suitably engrossed to Kristen together with the Town Board's commendation upon her achievement.

Authorize the Supervisor to issue a Bond Anticipation Note in the amount of $2,303,952.45 dated May 9, 2008 as follows: (a) $1,020,000 to finance the water system improvements to water districts 2a, 2b, 4, 5, and 8, and (b) $1,283,952.45 acquisition of land and attached building for use as a town office complex. [Excerpt posted on Bulletin Board in meeting room]

Authorize Sue Miller, David Smith, James Bult, Anthony Maier and David Calarco, Members of the Zoning Board of Appeals, to attend the Local Government Planning and Zoning Workshop on May 28, 2008 at Bulmer Telecommunications Center, Hudson Valley Community College in Troy at a cost of $30 each and appropriate expenses to be borne by the Town. Said training shall constitute the four-hour training requirement set forth in Town Sections 267 and 271, Chapter 662 of the Laws of 2006.

Withdrawn: Pursuant to Chapter 80-4 of the Code of the Town of Schodack and upon receipt of written application submitted by Schodack Landing Volunteer Fire Company, Inc., the Schodack Town Board hereby resolves to grant a Mass Assembly Permit to Schodack Landing Volunteer Fire Company, Inc., for a benefit concert to be held on Saturday, June 13, 2008 on their premises from noon to midnight, 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.

NOW THEREFORE, BE IT DETERMINED, and stated that the estimated cost of the Water Improvements to the "typical property" (as defined in the Town Law) in Water District No. 1 is $467, annually, consisting of a $299 capital charge and a $168 water usage charge, and that the estimated cost of the Water Improvements to the "typical property" in Water District No. 3 is $592, annually, consisting of a $424 capital charge and a $168 water usage charge, and that the estimated cost of the Water Improvements to the "typical property" in Water District No. 7 is $401, annually, consisting of a $233 capital charge and a $168 water usage charge; and that the Town Board has theretofore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and be it

ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 265 Schuurman Road, on Thursday, May 22, 2008 , at 7:30 pm to consider a resolution of the Town Board to increase and improve water facilities in Water District 1, Water District 3 and Water District 7 and to increase the maximum amount to be expended for said water improvements and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it

WHEREAS, Helena Peters, daughter of Michael and Elizabeth Peters, is being recognized by the Rensselaer County YMCA and will receive a Student Service Award on the twenty-ninth day of April in the year two thousand eight, and

WHEREAS, Helena is a Junior at Maple Hill High School where she has distinguished herself by earning a place on the Principal's list and is a member of the National Honor Society, and

WHEREAS, she plays Tennis on the Junior Varsity and Varsity Teams and is very active in Drama Club, and

WHEREAS, Helena distinguishes herself by her involvement in extensive community service activities, and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack is moved to honor Helena Peters, a YMCA 3nd Annual Student Community Service Award recipient, and

BE IT FURTHER RESOLVED, that the Supervisor present a copy of this resolution suitably engrossed to Helena together with the Town Board's commendation upon her achievement.

WHEREAS, Sean Danaher, son of Paul and Darlene Danaher, is being recognized by the Rensselaer County YMCA and will receive a Student Service Award on the twenty-ninth day of April in the year two thousand eight, and

WHEREAS, Sean is a Sophomore at Maple Hill High School where he is on the Principal's List, and

WHEREAS, he is a three-season sports athlete, participating in Cross Country, Basketball and Track and Field, and

WHEREAS, Sean is a member of Key Club, Band and participates in Drama Productions, and

WHEREAS, Sean distinguishes himself by his involvement in extensive community service activities,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack is moved to honor Sean Danaher, a YMCA 3nd Annual Student Community Service Award recipient, and

BE IT FURTHER RESOLVED, that the Supervisor present a copy of this resolution suitably engrossed to Sean together with the Town's commendation upon his achievement.

WHEREAS, Vincent Prinzo, son of Michael and Denise Prinzo, is being recognized by the Rensselaer County YMCA and will receive a Student Service Award on the twenty-ninth day of April in the year two thousand eight, and

WHEREAS, Vincent is a Junior at Maple Hill High School where he is on the Honor Roll and plays Baseball, and

WHEREAS, Vincent is a participant in the Music and Art Programs and plays the guitar, and

WHEREAS, Vincent distinguishes himself by his involvement in extensive community service activities,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack is moved to honor Vincent Prinzo, a YMCA 3nd Annual Student Community Service Award recipient, and

BE IT FURTHER RESOLVED, that the Supervisor present a copy of this resolution suitably engrossed to Vincent together with the Town's commendation upon his achievement.

The following resolutions were adopted or withdrawn at the Regular Meeting of the Town Board on May 8th:

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

Authorize Katherine E. Lubbers, Receiver of Taxes, to attend the New York State Tax Receiver and Collectors Annual Training, in Glens Falls, New York, June 8-11, 2008 at a cost of $605 with other appropriate expenses to be borne by the Town, as budgeted.

Pursuant to the Action Plan for Justice Courts and as directed by the Office of Court Administration, in addition to other forms of payment already accepted, authorize Justice Court to accept payment of fines, surcharges and fees and posting of bail by credit cards.

Pursuant to Chapter 80-4 of the Code of the Town of Schodack and upon receipt of written application submitted by Schodack Landing Volunteer Fire Company, Inc., the Schodack Town Board hereby resolves to grant a Mass Assembly Permit to Schodack Landing Volunteer Fire Company, Inc., for a benefit concert to be held on Saturday, June 14, 2008 on their premises from noon to midnight, 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. Additionally, the Schodack Landing Volunteer Fire Company, Inc., has received Planning Board approval of directional signage for this event.

Authorize the installation and activation of a telephone jack in the Court/ Meeting Room by sharing a current telephone line/jack (in use for the fax machine in the Justice Court Office) for the above-referenced credit card machine. Said installation shall not exceed $250, as budgeted.

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:

Authorize Supervisor Secor to execute contract with Joseph Bove, owner of Evergreen Country Club for use of its swimming pool facility for the Summer Youth and Recreation Program from July 7 to August 1, 2008 for the Schodack Youth and Recreation Department in an amount not to exceed $7,000, which shall be payable after the program is completed August 1, 2008.

Authorize Paul Puccio and John LaVoie, Members of the Planning Board, to attend the Local Government Planning and Zoning Workshop on May 28, 2008 at Bulmer Telecommunications Center, Hudson Valley Community College in Troy at a cost of $30 each and appropriate expenses to be borne by the Town. Said training shall constitute the four-hour training requirement set forth in Town Sections 267 and 271, Chapter 662 of the Laws of 2006.

Authorize Supervisor Secor to execute Memorandum of Agreement with the Local Union 1571S of Council 82 AFSCME, AFL/CIO and Detective James Morgan to extend his retirement incentive grace period to July 21, 2008 as allowed under Article 23 of the Collective Bargaining Agreement effective January 1, 2007 through December 31, 2009.

Withdrawn: Authorize Supervisor Secor to execute amendment dated April 15, 2008 to Exhibit C and J to the contract dated June 28, 2005 between the Town of Schodack and J. Kenneth Fraser & Associates for the Town Hall Well Field Water supply. Amendment is to increase item C. under Basic Services entitled Final Design Phase (Exhibit C.2.01.A.3) from $35,000 to $50,000, to increase item f. under Basic Services entitled Post Construction from $4,000 to $10,000 for a new total of Basic Services of $199,000, to add item F under Additional Services entitled Grant Application of $10,000 and to add item G under Additional Services entitled Regulatory Coordination of $5,000 for a new total of Additional Services of $28,000.

Withdrawn: Authorize J. Kenneth Fraser and Associates to continue with item c. Final Design Phase, as amended, in an amount not to exceed $50,000 and to proceed with item d. Bidding or Negotiating Phase under Basic Services, in an amount not to exceed $10,000, items a through g as listed under Additional Services in an amount not to exceed $28,000 for a total amount not to exceed $88,000 of the amended contract authorized by resolution #2008-205.

Amend Resolution 2007-204, item 4 as follows: Water Meters: Three-quarter inch (3/4") Neptune Radio Read Water Meters; One inch (1") Neptune Radio Read Water Meters $200.00 $250.00.

Approve the following applications under Town Code § 147-5 and authorize the Town Clerk to issue the trailer renewals:
Name Number of Units
Anniello, Joseph 1
Johnson, Kenneth M. 2
Miller, Edward 3
Miller, Sue 2
Pine Haven Mobile Court 77

Authorize Supervisor Secor to execute Petition for the establishment of Water District No. 9 on behalf of Town-owned properties (Tax Map Nos. 189.-10-7, 201.-2-38, 201.-2-39.1 and 189.-10-8.5).

WHEREAS, Brett C. Wagner, son of Bruce and Janet Wagner, on the twenty-ninth of February in the year two thousand eight, was promoted to Eagle Scout, the highest rank a boy can achieve in scouting, and

WHEREAS, this achievement is a demonstration of Brett's dedication to the ideals of scouting through advancement and community service; and

WHEREAS, Brett started his journey in Cub Scouting as a Tiger Cub in first grade, meeting in the Boy Scout room at Castleton Village Hall, where the names of all prior Eagle Scouts of Troop 53 were and still are posted and, at the age of six, Brett stated to his father that he wished to be an Eagle Scout, and

WHEREAS, Brett is a member of Boy Scout Troop 53, and has earned twenty-nine Merit Badges in his eleven years of Boy Scouting, twenty-one badges being required for the rank of Eagle, and

WHEREAS, Brett has served the troop as Patrol Leader, Assistant Patrol Leader, Instructor and Librarian, and

WHEREAS, for his Eagle Service Project, Brett designed and led a team in the construction of a 60 x 30 foot sand volleyball court on the grounds of the First United Methodist Church in East Greenbush, and

WHEREAS, this project required the clearing of a field, bulldozing (donated by Vincent Brewer), four and 5/8 tons of sand (a substantial portion of which was donated by Jude Clemente of Troy Sand and Gravel) and 200 linear feet of railroad-tie type wood (some donated by Curtis Lumber in Schodack) and much hard labor, and

WHEREAS, Brett is a junior at Maple Hill High School where he has achieved standing on the Principal's List (95% or greater average) in each quarter of high school and is a member of the National Honor Society and also participates in Key Club, Chorus, Swing Choir and in Band (1st Clarinet, an instrument he has played for eight years) in addition to having studied piano for ten years, and

WHEREAS, Brett has also studied dance for ten years and has for the past six years been a member of the Isabelle School of Dance Competition Team, is an assistant teacher at this school and has choreographed his performances in the Maple Hill Drama Club productions,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Brett C. Wagner upon the auspicious occasion of being awarded the rank of Eagle Scout, Boy Scouts of America; and

BE IT FURTHER RESOLVED that Supervisor Secor present a copy of this resolution, suitably engrossed to Brett C. Wagner at his Court of Honor on Sunday, May 25, 2008.

Amend Resolution 2008-160 adopted on March 27, 2008 appointing Robert Beebe, Esq., as special counsel for a matter related to the reassessment project in order to increase the total amount authorized to $9,000.00.

WHEREAS, in the year two thousand eight, the Maple Hill Varsity Girls' Basketball Team earned the Patroon Conference title and won the 2008 Section II Class C crown, and

WHEREAS, the Lady Wildcats were undefeated during the regular season to claim the Patroon Conference championship with a record of 16-0, and

WHEREAS, the Girls' Varsity Basketball Team compiled an overall season record of 22 wins and 2 losses on their way to capturing the 2008 Section II Class C crown, and

WHEREAS, the Championship team is comprised of the following players: Meeghan Arno, Molly Austin, Alicia Biernik, Jessica Dailey, Kristen DerGurahian, Alyssa Filkins, Samantha Hendrick, Katelin Kleinhans, Megan Porpeglia, Anna Racz, Stephanie Racz, Katie Roth, Ashley Szary and Sarah Timmons, and

WHEREAS, the Lady Wildcats were coached by Head Coach Mark Bubniak and Assistant Coaches: Dave Austin, Bryan Dailey, Seth Hendrick and Mike Racz who expressed confidence in their team throughout the season, guiding them to hone their hoop skills and leading them to their goal of winning the Patroon Conference title and to be the best of Section II Class C, and

WHEREAS, several players were also recognized by Maple Hill High School for their contributions to the team's success: Alyssa Filkins was named the team's Defensive Player of the Year, Sarah Timmons received the Coaches' Award, Stephanie Racz took the Most Valuable Player distinction and Katelin Kleinhans was the Most Improved Player, and

WHEREAS, Sarah Timmons was chosen by the New York State Sportswriters' Association as 6th team All-State, and

WHEREAS, following the Section II Tournament, Stephanie Racz was named the Most Valuable Player and Katie Roth earned the All Star title for the squad,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack commends and congratulates the Maple Hill Girls' Varsity Basketball Team upon their outstanding season, especially their achievement as Champions of the Patroon Conference and the 2008 Section II Class C division, and

BE IT FURTHER RESOLVED that this legislative body wishes all team members continued success in their athletic and academic pursuits and directs that the Town Supervisor forward a certified copy of this resolution suitably engrossed to each team member and coach.

Create the title of Board of Assessment Review Secretary and appoint Kathleen L. Blake and Pat Cooper to said part-time position. Salary for the aforementioned position is to be $25 per meeting pursuant to Resolution #2007-457 adopted December 13, 2007.

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-418, 555, 630-810 on Abstract No. 05-08, in the amount of $2,757,538.84 including the claims paid since the previous Town Board meeting ($122,847.13).

Following a presentation by CEO and a public hearing that was held open until June 12th (relative to Water Districts No. 1, 3 and 7), the following resolutions were adopted:

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

Appoint John Hoyt as a part-time park attendant, under the direction of Angelo DeFrancesco, at the hourly rate of $12 for a maximum of 20 hours weekly effective May 23 through August 31, 2008 and then 10 hours weekly up to and including October 12, 2008, as needed.

Pursuant to Chapter 80-4 of the Code of the Town of Schodack and upon receipt of written application submitted by House of Praise Ministries, Inc., the Schodack Town Board hereby resolves to grant a Mass Assembly Permit to the House of Praise Ministries, Inc. for Fireworks Display with free admission , including goods stand, games and music to be held on Friday, July 4th, 2008 on their premises from 5 p.m. to 10 p.m., except that said applicant 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.

Withdrawn: Bond Resolution dated May 22, 2008, authorizing the issuance of serial bonds of the Town of Schodack, Rensselaer County, New York for Water Districts No. 1, 3 and 7 in an aggregate principal amount not to exceed $954,382 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. (Excerpt - see full text posted on bulletin board)

Authorize Town Clerk to publish legal notice of public hearing to be held June 12, 2008 at 7:30 p.m. at the Schodack Town Hall to seek public input on the Proposed Local Law No. 1 of the Year 2008 to discourage the consumption of alcohol by underage individuals, which behavior poses a risk to the residents of the Town of Schodack since minors who drink are more likely to engage in destructive behaviors.

Authorize Supervisor Secor to contract with Tim Farley and Sharon Wheeler (musicians) to perform at the 2008 Music in the Park on July 1st for $300.00.

Authorize Hanson VanVleet to perform the Well Field Evaluation as set forth in correspondence dated May 7, 2008 and as stipulated by the New York State Department of Environmental Conservation for an amount not to exceed $2,000.

Authorize Town Clerk to publish legal notice of public hearing to be held September 11, 2008 at 7:30 p.m. at the Schodack Town Hall to seek public input on the Town's proposed Agency Plan starting October 1, 2008 for the Section 8 Rental Assistance Program.

WHEREAS, the Town Board of the Town of Schodack (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, has received a petition, dated May 22, 2008, pursuant to sections 191 (the "Petition"), for the establishment of Water District No. 9 (the "District"), which petition is signed by the owners of taxable real property situate in the proposed District, owning in the aggregate at least one-half of the assessed valuation of all the taxable real property of the proposed District, as shown upon the latest completed assessment roll of said Town, and including the signatures of resident owners of taxable real property owning taxable real property aggregating at least one-half of the assessed valuation of all the taxable real property of the proposed District, owned by resident owners according to the latest completed assessment roll; and

All that certain parcel of land located in the Town of Schodack, County of Rensselaer and State of New York, further bounded and described as follows:

WHEREAS, pursuant to a map, plan and report dated August 2006, as amended February 2007, prepared by J. Kenneth Fraser and Associates, PE, competent engineers duly licensed by the State of New York, for the proposed establishment of said District, and construction of improvements proposed as part of proposed Schodack Water District No. 9 consisting of water service to all parcels within the district and additional fire protection facitlities to be constructed to serve property within the district, having a total cost not to exceed $650,000 (collectively, the "Water Improvements"). The costs of Water improvements and calculation of per unit capital cost and improvements are further described in the map, plan, and report dated August 2006, as amended February 2007, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection; and

WHEREAS, on May 10, 2007 , based upon an Environmental Assessment Form prepared by the Town and after coordinated review of the Town of Schodack Water District No. 9, the Town adopted Resolution 2007-223 authorizing issuance of a Negative Declaration of Environmental Significance pursuant to the State Environmental Quality Review Act ("SEQRA"); and

WHEREAS, the maximum amount proposed to be expended for the construction of the Water Improvement is estimated to be $650,000, and the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable;

NOW, THEREFORE, BE IT DETERMINED and stated that the estimated cost of the District to the "typical property" (as defined in the Town Law) is $594.00, annually, consisting of a $398.00 capital charge and a $196.00 water supply and usage charge; and that the Town Board has theretofore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and further that the cost of the District to such typical property is below the average estimated cost to the typical properties for the establishment of similar types of districts, as computed by the State Comptroller; and be it

ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 265 Schuurman Road, on June 12, 2008 , at 8 pm to consider the Petition and for the purpose of holding a public hearing to receive comments on the establishment of proposed Water District No. 9, and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it

WHEREAS, the Town Board delegated its annual auditing responsibilities of all Town departments which received or disbursed money in the previous fiscal year pursuant to Section 123 of Town Law to the Town Comptroller, and

WHEREAS, the Town Comptroller performed the audits in accordance with the guidelines provided by the New York State Office of the State Comptroller as published in the Loca1 Government Management Guide - Fiscal Oversight Responsibilities,

NOW, THEREFORE, BE IT RESOLVED that the Town Board accepts the audit reports submitted for the following departments: Justice Court, Youth Department and Police Department.

Amend Resolution 2008-175 as adopted on April 10, 2008 to authorize Supervisor Secor to execute Change Order Numbers 1 and 2 with William J. Keller and Sons Construction Corp. - Contract No. 6 (Sewer District No. 8 - Schodack Landing). Change Order No. 1 shall incorporate all forms required by USDA Rural Development, a funding agency, and No. 2 to reduce said contract in the amount of $98,215 for a total project cost of $1,692,390.00.

Authorize Supervisor Secor to execute consulting contract with Upstate Appraisal Services for professional services for 2008 relative to commercial assessments for hourly rate of $110 including travel, preparation and analysis, for an expenditure not to exceed $4,400.00.

WHEREAS, the Town desires to have constructed a small Wastewater Treatment facility in Schodack Landing, utilizing State and Federal grant and loan monies, and

WHEREAS, the Town already has a small wastewater treatment facility in the hamlet of East Schodack that utilizes treatment systems manufactured by the Orenco Systems Incorporated, and these systems perform satisfactorily for a range of small treatment applications, and

WHEREAS, the Town has staff trained to operate Orenco treatment systems and desires to share spare parts and operation knowledge between common facilities,

NOW, THEREFORE, BE IT RESOLVED that the Town standardizes on the Orenco Systems Incorporated treatment equipment for wastewater treatment applications up to 50,000 gallons per day.

Authorize Supervisor Secor to execute three-year service agreement with Time Warner/Road Runner to upgrade town hall internet services at a monthly cost not to exceed $156.95.

Authorize the establishment of the Schodack Landing sewer project budget as detailed on USDA Rural Development Form E in the amount of $2,294,039.00 as incorporated herein by reference (Posted on Bulletin Board).

Authorize the following Schodack Landing Sewer Project Budget Amendments to Form E for the construction contract:

Pursuant to Article IX of the Constitution, the Town of Schodack requests the enactment of Senate bill number 8237 entitled "AN ACT to legalize, validate, ratify and confirm certain actions taken by the town of Schodack, in the county of Rensselaer, with respect to certain bond anticipation notes, and authorizing the issuance of obligations of said town with respect thereto." It is hereby declared that a necessity exists for the enactment of such legislation. The fact establishing such necessity is that the local government does not have the power to enact such legislation by local law. Further, it is directed that the Town Clerk shall complete the Home Rule Request forms and transmit same to the Home Rule Counsel in care of the New York State Senate.

Pursuant to Article IX of the Constitution, the Town of Schodack requests the enactment of Assembly bill number 11148 entitled "AN ACT to legalize, validate, ratify and confirm certain actions taken by the town of Schodack, in the county of Rensselaer, with respect to certain bond anticipation notes, and authorizing the issuance of obligations of said town with respect thereto." It is hereby declared that a necessity exists for the enactment of such legislation. The fact establishing such necessity is that the local government does not have the power to enact such legislation by local law. Further, it is directed that the Town Clerk shall complete the Home Rule Request forms and transmit same to the Home Rule Counsel in care of the New York State Assembly.

The Town Board adopted or withdrew the following resolutions at its June 12, 2008 meeting:

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

Authorize Supervisor Secor to execute Appendix X to Community Project Contract #TM07812 to amend the termination date in order to make the fund balance available until July 31, 2009. The total contract is $20,000 and represents the legislative member initiative provided by Senator Joseph R. Bruno for the purchase of emergency access systems and related activities. All funds will not be expended by July 31, 2008.

WHEREAS, in the year two thousand eight, the Maple Hill Varsity Boys' Tennis Team finished in third place in the Patroon Conference and won the Section II Class C crown, and

WHEREAS, this Championship team is comprised of the following players: Team Captain Tyler DeLisle, Adam Super, Dylan Acosta, Evan Lepkowski, Chris Despart, Will Blendell, Corey Legge, Zander Bowitch, Joe Porpeglia, Caleb Ungewitter, Jared Pazienza, Mark Altwerger and Tyler Merwitz, and

WHEREAS, the Wildcats were coached by Scott Hanrahan who expressed confidence in his team throughout the season, guiding them to hone their skills and leading them to their third place victory in the Patroon Conference title and to become champions of Section II Class C, and

WHEREAS, the Wildcats compiled an overall season record of 12 wins and 6 losses and a Patroon Conference record of 9 wins and 6 losses to claim the third place slot in said Conference, and

WHEREAS, the Boys' Varsity Tennis Team was the number two seed in the Class C sectional competition and defeated Warrensburg in the quarterfinal match 6-1 and Lake George in the semifinal 7-0, going on to best Greenwich 4 to 3, to capture the 2008 Section II Class C crown, and

WHEREAS, two players were also recognized by Maple Hill High School for their contribution to the team's success: Adam Super took the team's Most Valuable Player distinction and Dylan Acosta was the Most Improved Player,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack commends and congratulates the Maple Hill Boys' Varsity Tennis Team upon their outstanding season, especially their achievements in the Patroon Conference and the 2008 Section II Class C division, and

WHEREAS, Nick Papas, son of Basile and Coleen Papas, is a junior at Maple Hill High School and a two-season varsity athlete, and

WHEREAS, during the 2007-2008 school year, Wildcat Nick Papas played varsity baseball primarily as the team center fielder, sometimes contributing to the team effort as a pitcher or third baseman, and

WHEREAS, the 2008 Varsity Wildcat Baseball Team was coached by Rico Frese and Assistant Coaches Jim Canonica and Scott Monuteaux who always showed confidence in Nick Papas and his teammates, working with them to enhance their skills and encouraging them to be the best ball players they could be, and

WHEREAS, as a result of their training and encouragement, Nick posted a batting average of .474 and set State records as follows:

WHEREAS, Nick also set a new Section II, New York State and school record for the most Runs Batted In (RBIs) in one game at 13,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack commends and congratulates Nick Papas on his outstanding 2008 season and the records he set, especially his State record for the most RBIs in a game (13) and for being the first Varsity Wildcat Baseball Player to hit a Cycle,

BE IT FURTHER RESOLVED that this legislative body wishes Nick Papas continued success in his athletic and academic pursuits and directs that the Town Supervisor forward a certified copy of this resolution suitably engrossed to Nick Papas at Spring Sports Awards Night.

WHEREAS, on May thirty-first in the year two thousand eight, the Maple Hill Varsity Track and Field Boys' Team won the 2008 Section II Class C crown at Fort Plain Track and Field Facility, and

WHEREAS, the Boys' Varsity Track and Field team is coached by Dan Gillespie, who expressed confidence in the team and their ability to excel in their individual events, and

WHEREAS, this Championship team is comprised of the following players: Levi Poirier, MacKenzie Olgesby, Sean Secor, Zack Bazan, Jeremy Oles, Adam Fuller, Eric Bureau, Jake Jaciewicz, Cole Yager, Andrew Charsky and Sean Danaher, and

WHEREAS, the Wildcats outscored their opponents by more 60 points to take the Section II crown and placed in the events listed as follows:

Event	Team Member	Place
100 Meter	Levi Poirier	2nd
400 Meter	Levi Poirier	2nd
800 Meter	Mackenzie Oglesby Sean Secor	1st 2nd
1600 Meter	Mackenzie Oglesby	1st
110 Meter Hurdles	Zack Bazan	3rd
400 Meter Hurdles	Jeremy Oles	3rd
Pentathlon	Adam Fuller	3rd
3200 Meter Relay	Eric Bureau Jake Jaciewicz Cole Yager Sean Secor	2nd
1600 Meter Relay	Jake Jaciewicz Eric Bureau Sean Secor Andrew Charsky	1st
Long Jump	Levi Poirier Andrew Charsky	1st 2nd
Triple Jump	Andrew Charsky Jake Jaciewicz	1st 3rd
Discus	Sean Danaher	2nd

WHEREAS, as a result of this first place finish in Sectionals, the team qualified to participate in State Qualifications for Track and Field at Knox Field in Johnstown on June 5 and 6, 2008, and set new school records as follows:

Event	Team Member	Time/Distance
800 Meter	Mackenzie Oglesby	2:02.9
Triple Jump	Andrew Charsky	43' 4.25"
1600 Meter Relay	Levi Poirier Sean Secor Andrew Charsky Mackenzie Oglesby	3:37.53

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack commends and congratulates the Maple Hill Varsity Track and Field Team on their Section II Class C championship and their individual and team records, and

BE IT FURTHER RESOLVED that this legislative body wishes each team member continued success in their athletic and academic pursuits and directs that the Town Supervisor forward a certified copy of this resolution suitably engrossed to each team member at Spring Sports Awards Night.

WHEREAS, Jamison Palmer Bundy, son of Christine and Stephen Bundy, on the twenty-ninth of April in the year two thousand eight, was promoted to Eagle Scout, the highest rank a boy can achieve in scouting, and

WHEREAS, this achievement is a demonstration of Jamison's dedication to the ideals of scouting through advancement and community service; and

WHEREAS, Jamison started his journey in Cub Scouting as a Tiger Cub in first grade, meeting at Green Meadow School with his first Cub Scout leader, Charles Rappazzo, and

WHEREAS, Jamison's grandfather John "Jack" Stanton Palmer was an Eagle Scout in his youth and Jamison stated that he wished to follow in his footsteps, and

WHEREAS, Jamison is a member of Boy Scout Troop 522 and has earned thirty-three Merit Badges in his five years of Boy Scouting, twenty-one badges being required for the rank of Eagle, and

WHEREAS, Jamison has served the troop as Patrol Leader, Assistant Patrol Leader, Bugler, Senior Patrol Leader and Senior Leader of the Venture Patrol.

WHEREAS, for his Eagle Service Project, Jamison refurbished and painted the double door entrance to St. Stephan's Lutheran Church in East Schodack, meeting place of Troop 522, which tedious and time-consuming task required stripping the doors, filling of cracks, sanding and painting of the doors, and

WHEREAS, Pastor Amber Malone of the Church echoed the sentiment at Jamison's Eagle Court of Honor "first impressions are the ones that are remembered and the red doors are the first thing you see when entering or passing the church,"

WHEREAS, Jamison is a sophomore at Columbia High School in East Greenbush where he enjoys his business courses and is an active member of FBLA (Future Business Leaders of America).

WHEREAS, Jamison thanked his Scout Masters, John Rinaldo & Bill Ritz, and Assistant Scout Masters, Brian Wantuch, Charles Mayrer, Charles Rappazzo, Peter Tolcser, Al Molineaux, Eric Smart & Bill Matters, saying, "Thank you for showing me how to be a good leader and how to be a good man,"

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Jamison Palmer Bundy upon the auspicious occasion of being awarded the rank of Eagle Scout, Boy Scouts of America; and

BE IT FURTHER RESOLVED that Supervisor Secor shall present a copy of this resolution suitably engrossed to Jamison Palmer Bundy.

Amend resolution 2008-187 adopted April 24, 2008 to include applying double chip seal to Glaz Road and Paul Road.

2008-242) Amend resolution 2008-201 adopted May 8, 2008 to appoint Swim Instructor Helena Peters to fill vacancy left by Jonathan Heller.

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 June 12, 2008 at 7:30 p.m. at the Schodack town hall to hear all interested parties on proposed Local Law Number 1 of 2008 relative to discouraging the consumption of alcohol by underage individuals by holding adults responsible when they permit the consumption of alcoholic beverages by minors at property they owned by said adults, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's official sign board on May 23, 2008 and advertised in the June 27, 2008 edition of THE RECORD, official newspaper of the Town, and

WHEREAS, said public hearing was held on June 12, 2008 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 hereof, and

WHEREAS, pursuant to Part 617 of the implementing regulations of Article 8, State Environmental Quality Review Act (SEQRA), it is hereby declared by the Town Board that the Town Board is the lead agency for SEQRA purposes and said Board hereby determines that said proposed local law will not have a significant adverse impact upon the environment and hereby issues a Negative Declaration, and

WHEREAS, that 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 2008 (P1 of 2008) to be known as Local Law 1 of 2008 of the Town of Schodack, and

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

Withdrawn - Public Hearing held open until June 26th at 7:45 p.m.: Resolution and Order Establishing Water District No. 9 - [Posted on Bulletin Board]

Authorize Supervisor Secor to execute amendment dated April 15, 2008 to Exhibit C and J to the contract dated June 28, 2005 between the Town of Schodack and J. Kenneth Fraser & Associates for the Town Hall Well Field Water supply. Amendment is to increase item C. under Basic Services entitled Final Design Phase (Exhibit C.2.01.A.3) from $35,000 to $50,000, to increase item f. under Basic Services entitled Post Construction from $4,000 to $10,000 for a new total of Basic Services of $199,000, to add item F under Additional Services entitled Grant Application of $10,000 and to add item G under Additional Services entitled Regulatory Coordination of $5,000 for a new total of Additional Services of $28,000.

Authorize J. Kenneth Fraser and Associates to continue with item c. Final Design Phase, as amended, in an amount not to exceed $50,000 and to proceed with item d. Bidding or Negotiating Phase under Basic Services, in an amount not to exceed $10,000, items a through g as listed under Additional Services in an amount not to exceed $28,000 for a total amount not to exceed $88,000 of the amended contract authorized by resolution #2008-218.

Withdrawn: Authorize Surveysmith to delineate and stake the boundaries of a Town-owed drainage easement between Richwood and Julianne Drive properties in order that the drainage structure or system may be repaired. Pursuant to correspondence dated June 4, 2008, these professional services shall not exceed $1,400.

WHEREAS, James Farrell, son of James and Eva Farrell, is a fifth grade student at Maple Hill Middle School, and

WHEREAS, James participates in Art Club Papermaking and excels academically in all of his courses, and

WHEREAS, as part of a collaborative project of his Science and Art classes, James entered the National Arbor Day Poster Contest for New York State and submitted one of the more than 2,500 posters statewide, and

WHEREAS, James won this statewide competition for his poster entitled "Trees are Terrific... inside and out!", and his poster will now be judged on a national basis, and

WHEREAS, James has received posters, bookmarks including his design, a shirt and calculator notebook as a part of his prize package, and

WHEREAS, James was honored on the twelfth day of June in the year two thousand eight by the New York State Department of Environmental Conservation by dedicating a maple tree in his honor at said school,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby recognizes James Farrell for his accomplishment, and

BE IT FURTHER RESOLVED, that Supervisor Secor shall present a copy of this resolution to James together with the Town Board's commendation upon his achievement.

Amend Resolution 2008-200 to increase the spending cap for installation of shared telephone line for use by Justice Court by the amount of $97.89.

Authorize Supervisor Secor to submit an application to the Office of the State Comptroller to increase the maximum expenses for sewer improvements in Sewer District No. 8 to $2,294,039.

Authorize Supervisor Secor to execute a change to the list price of the Real Estate Listing Agreement with Prudential Realty for the sale of town-owned property located at 1777 Columbia Turnpike, Schodack, New York, reducing said list price to $1,100,000.

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-0811-0882 and 0884-971 on Abstract No. 0608, in the amount of $212,180.51, including the claims paid since the previous Town Board meeting ($58,274.39).

Executive Session - Negotiations with Village of Castleton-on-Hudson relative to Intermunicipal Agreement for sale and purchase of water; Negotiations with landowners for development of a water storage tank site.

WHEREAS, the Town of Schodack is sponsoring a blood drive through the American Red Cross on June 17, 2008 from 9 a.m. to 3 p.m. at the Schodack Town Hall, and

WHEREAS, under Section 202-j of the New York Labor Law, employers with twenty or more employees are required to grant three hours leave in any twelve month period to employees who work an average of twenty of more hours a week, who wish to donate blood, and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes Town employees who qualify pursuant to the provisions of Section 202-j of the New York Labor Law to participate in the blood drive and not charge the time, up to three hours, to accrued personal or vacation time.

Authorize Town Clerk to publish legal notice of public hearing to be held June 26, 2008 at 7 p.m. at the Schodack Town Hall to seek public input on the Proposed Local Law No. 1 of the Year 2008 to discourage the consumption of alcohol by minors by holding any person sixteen years of age or older responsible when he or she permits the consumption of alcoholic beverages by minors at his or her place of residence or other private property, place or premises under his or her control.

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 a public hearing to be held by said Town on June 26, 2008 at 7 p.m. at the Schodack town hall to hear all interested parties on proposed Local Law Number 1 of 2008 relative to discouraging the consumption of alcohol by underage individuals by holding any person 16 years or older responsible when they permit the consumption of alcoholic beverages by minors at his or her place of residence or other property, place or premises under his or her control, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's official sign board on June 17, 2008 and advertised in the June 18, 2008 edition of the THE RECORD, official newspaper of the Town, and

WHEREAS, said public hearing was held on June 26, 2008 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 hereof, and

WHEREAS, that 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 Clerk be and is hereby directed to enter said local law in 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 to schedule a public hearing to be held on June 26, 2008 to consider proposed sewer rents for Sewer District No. 4 and

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road, on the 26th day of June 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED, that commencing with the 2nd semi-annual billing period (July 1, 2008) the sewer rents for Sewer District No. 4 (Brickyard) for 2 users shall be $340.00 semi-annual rate per unit.

WHEREAS, the Town Board of the Town of Schodack, (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, has heretofore reviewed the map, plan and report, as amended, prepared by J. Kenneth Fraser and Associates, PE, LS, LA, P.C., Consulting Engineers, Land Surveyors, Landscape Architects and Planners, Rensselaer, New York, a competent engineer duly licensed by the State of New York, in such detail as theretofore determined by the Town Board and filed in the Office of the Town Clerk of the Town for public inspection, providing for the establishment of Water District No. 9 (the "District") in the territory in the Town hereinafter described and the construction of water system improvements to serve the District; and

WHEREAS, on May 10, 2007, based upon an Environmental Assessment Form prepared by the Town and after coordinated review of the Town of Schodack Water District No. 9, the Town adopted Resolution 2007-223 authorizing issuance of a Negative Declaration of Environmental Significance pursuant to the State Environmental Quality Review Act ("SEQRA"); and

WHEREAS, the Town Board received a Petition pursuant to Article 12, Section 191 of the Town Law, for the establishment of Town of Schodack Water District No. 9, (the "District"); and

WHEREAS, on May 31, 2008, the Town published notice of public hearing pursuant to Article 12 of the Town Law to receive comments on the establishment of proposed Water District No. 9; and

WHEREAS, on June 12, 2008, the Town Board duly held said public hearing, which public hearing was adjourned to June 26, 2008, and the Town Board duly continued said public hearing on June 26, 2008 and considered the Petition; and it is now, therefore RESOLVED,

ORDERED, that the establishment of the District is hereby approved, and the District shall be designated and known as Water District No. 9, in the Town of Schodack, situate wholly outside of any incorporated village or city, and bounded and described as follows:

ORDERED, that the water system improvements hereinabove referred to shall be constructed as set forth in the said notice of public hearing, at a cost not to exceed $650,000, which is planned to be financed by the issuance of serial bonds of the Town, and the assessment, levy and collection of special assessments upon the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefitted thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds; and be it further

ORDERED, that within ten (10) days after adoption of this order, the Town Clerk shall record with the Clerk of the County of Rensselaer and file with the Office of the State Comptroller in Albany, New York, copies of this order, certified by said Town Clerk.

Ratify and affirm authorization for Richard Christopher Oglesby, Town of Schodack Fire Investigator, to attend course # 0805-20-1316 entitled "Principles of Fire Investigation" at the Academy of Fire Science in Montour Falls, New York on May 5 through May 9, 2008 at a cost of $25 registration fee, $76 Meals, and $115 Lodging with other appropriate expenses to be borne by the Town.

Authorize refund of subdivision application fee in the amount of $375 to Thomas Malanka for Planning #2008-6, as Mr. Malanka withdrew his application prior to consideration.

WHEREAS, in the year two thousand eight Columbia Varsity Baseball team finished 18 - 10 overall, and

WHEREAS, the championship team was comprised of the following players: Chad Bohley, Ian Bridegroom, Bobby Brown, Stephen Casavant, Austin Chase, Paul Dumas, Nolan Gaige, Dylan Gaskell, Ian Gaule, August Gosh, Eric Hilton, Marc Janowski, Tyler Kinzelmann, Derek Kivitz, Ryann Lucas, Matt Montross, Nick Otterbeck, Bobby Peluso, Patrick Puentes, Jusin Rehbun, Tyler Rose, Vinnie Rullo, Ben Tidd, James Vooris and Danny Williams

WHEREAS, the Columbia Blue Devils team was coached by Chris Dedrick and Assistant Coaches Brian Marsh, Jeff Rose, Greg Jett e, Hank Wysocki, Adam Vooris, and Dan Hanson who expressed confidence in their team throughout the season, and

WHEREAS, the Blue Devils defeated Queensbury 16-4 in Game One of the Suburban Council Section II Class AA Tournament, defeated Colonie 7-5 in the Quarter Finals, and defeated Niskayuna 10-7 in the Semi-Finals to advance to the Final where they lost 3-2 to LaSalle in the early morning hours of Sunday, June 8th

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates the Columbia Blue Devils upon their successful season, and especially on their achievement of their Second Place victory in Sectional II

RESOLVED, that this legislative body wishes all graduating seniors much success in future endeavors, as well as remaining team members continued academic and athletic success,

RESOLVED, that the Town Supervisor shall forward a certified copy of this resolution suitably engrossed to each team member and coach.

WHEREAS, Lauren Strainge, daughter Colin and Maureen Strainge of Schodack Landing, is a member of Girl Scout Troop 1864 and achieved her Gold Award, the highest recognition a Girl Scout may earn, and

WHEREAS, Lauren embarked on her scouting journey as a Daisy during her Kindergarten year, and

WHEREAS, Lauren actively participated in weekly Story Hours at the Castleton Public Library as a Junior Scout, and

WHEREAS, as a Cadet Scout, Lauren's troop adopted families during the holidays through Unified Services by setting up collection bins at Castleton Public Library, where donated items once collected were sorted and distributed to the adopted families, and

WHEREAS, in order to earn her Bronze Award Lauren collected old jeans, cut them into square patches, assembled them into two quilts and used the jean pockets as decorations to contain small gifts, said quilts were then donated as part of Project Linus in the pediatric wing at Albany Medical Center, and

WHEREAS, the stated mission of Project Linus is to provide love, a sense of security, warmth and comfort to children who are seriously ill, traumatized, or otherwise in need through the gifts of new, handmade blankets and afghans, lovingly created by volunteer "blanketeers," and

WHEREAS, Lauren collected donations to sew 50 children's pillow cases and distribute a homemade pillow case, a children's story book and stuffed animal to the residents of the Albany Ronald McDonald House in order to secure her Silver Award, and

WHEREAS, having completed all requisite programs prior to undertaking their Gold Award project, Lauren and Bryn Schockmel planned, organized, and redesigned two large family bedrooms for Unity House, collected clothes, books and toys to be used by the residents at Unity House and had a Mother's Day Craft flower pot activity for disabled adults living at Unity House, and

WHEREAS, Lauren is a Senior at Maple Hill High School, who will pursue her education at Dartmouth College, following graduation in June 2008, and

WHEREAS, Lauren is also a member of the National Honor Society, Key Club, Science Olympiad, School Newspaper, International Club, Odyssey of the Mind, Student Council, Olympiad of the Visual Arts, Jazz Band, Band and the Varsity Track and Field team,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack commends and congratulates Lauren Strainge upon the auspicious occasion of earning her Gold Award from Girl Scouts of America, and

BE IT FURTHER RESOLVED, that Supervisor Secor shall present this resolution, suitably engrossed to Lauren Strainge.

WHEREAS, Bryn Schockmel, daughter Keith and Beth Schockmel of Schodack Landing, is a member of Girl Scout Troop 1864 and achieved her Gold Award, the highest recognition a Girl Scout may earn, and

WHEREAS, Bryn embarked on her scouting journey as a Brownie Scout during her second grade year, and

WHEREAS, Bryn actively participated in the Story Hours at the Castleton Public Library as a Junior Girl Scout, and

WHEREAS, as a Cadet Scout, her troop adopted families for the holidays through Unified Services by setting up collection bins at Castleton Public Library where donated items once collected were sorted and distributed to the adopted families who were in need, and

WHEREAS, in order to earn her Bronze Award, Bryn collected old jeans, cut them into square patches, assembled them into two quilts and used the jean pockets as decorations to contain small gifts, said quilts were then donated as part of Project Linus in the pediatric wing at Albany Medical Center, and

WHEREAS, Bryn collected donations to sew 50 children's pillow cases and distribute a homemade pillow case, a children's story book and stuffed animal to the Albany Ronald McDonald residents in order to secure her Silver Award, and

WHEREAS, having completed all requisite programs prior to undertaking their Gold Award project, Bryn and Lauren Strainge planned, organized, and redesigned two large family bedrooms for Unity House, collected clothes, books and toys to be used by the residents at Unity House and had a Mother's Day Craft flower pot activity with disabled adults living at Unity House, and

WHEREAS, Bryn is a Senior at Maple Hill High School, who will pursue her education at Skidmore College, following graduation in June 2008, and

WHEREAS, Bryn is also a member of National Honor Society, Curators' Club, Olympiad of the Visual Arts, Swing Choir, International Club, Tennis, Peer Leadership, School Newspaper, Student Council, Band and Chorus,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Bryn Schockmel upon the auspicious occasion of earning her Gold Award from Girl Scouts of America, and

BE IT FURTHER RESOLVED, that Supervisor Secor shall present a copy of this resolution suitably engrossed to Bryn Schockmel.

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

Authorize Supervisor Secor to execute an grant application on behalf of the Town of Schodack and the State of New York Governor's Traffic Safety Committee for a Child Passenger Safety campaign effective October 1, 2008 through September 30, 2009.

Amend Resolution 2008-007 effective July 1, 2008 through December 31, 2008 to increase the optional standard mileage rate, as established by the IRS, to 58.5 cents per mile.

Authorize Supervisor Secor to change broker of record for employee benefits to Capital Bauer Insurance Agency, Inc.

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

WHEREAS, the Town of Schodack, New York ("Franchising Authority") has granted a cable television franchise (the "Franchise") to an entity (the "Frachisee") which is a subsidiary or affiliate of Time Warner Cable, Inc. ("Time Warner Cable"), and

WHEREAS, Time Warner Cable is a publicly-traded corporation, with approximately 84% of its common stock currently held indirectly by Time Warner Inc., and

WHEREAS, Time Warner Cable and Time Warner Inc. have entered into an agreement to effect a complete separation of Time Warner Cable from Time Warner Inc. (the "Spin-Off"), and

WHEREAS, upon closing of the Spin-Off, one hundred percent (100%) of the stock of Time Warner Cable will be publicly traded, and

WHEREAS, Time Warner Cable and Time Warner Inc. have filed FCC Form 394 providing details regarding the Spin-Off, and

WHEREAS, the Franchising Authority wishes to grant its approval for the Spin-Off as described above,

Amend resolution 2008-201 adopted May 8, 2008 to appoint Rebecca Rafferty as a Counselor during the Summer Recreation Program to fill vacancy left by Katherine Simon.

WHEREAS, the Town of Schodack adopted an Order to establish Water District No. 5 on October 14, 1993, subsequently extending district boundaries and enacted an Order to consolidate said District and its extensions on March 12, 1998, and

WHEREAS, the owners of real property located at 757 Columbia Turnpike [Tax Map No. 178.-15-2], Kurt Nurnberg and B. Clytie Somers, operate a restaurant known as Rose's Italian Restaurant, and

WHEREAS, Kurt Nurnberg and B. Clytie Somers, as property owners, executed a petition to extend the boundaries to include the above-referenced premises as part of said Water District No. 5 on March 14, 1996, and have paid the assessed capital charges annually since 1997 but received no water service, and

WHEREAS, no connection fee had been established by the Town Board until January 1, 2005, and

WHEREAS, the owners of Rose's Italian Restaurant are mandated by the Rensselaer County Department of Health to connect to the public water supply and to abandon the current water supply pursuant to Article 2 of the Rensselaer County Sanitary Code, and

WHEREAS, the owners of the above-referenced premises wish to connect to and utilize the municipal water supply and have petitioned the Town Board to waive the connection fee, and

WHEREAS, the Town Board has reviewed all files in its possession and feels that this request is fair and equitable,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack hereby waives the payment of the connection fee in the amount of $2,000 if the owners of the above-referenced premises do connect to and utilize water from Water District No. 5 on or before July 31, 2008.

Authorize Supervisor Secor to execute a contract for professional services relative to Water District 9 with J. Kenneth Fraser and Associates with total compensation for Basic Services of $94,000 and Additional Services of $16,000 and resident project representative estimated at $30,000. Authorize to complete Items B and C under Basic Services (Preliminary Design/Mapping and Final Design Phase) for a total of $45,000 and further authorize Additional Services Items A, B, C, D and E totaling $16,000 to include Hartgen Archaeological Associates, Subsurface Investigation, Easement Procurement, Grant Administration and Permits and Regulatory Coordination.

Ratify and affirm the preparation and circulation of a Request for Proposals for specialized legal services, including but not limited to the following bond counsel, special district counsel, etc.

WHEREAS, the Town of Schodack undertook a reassessment project in conjunction with the Towns of East Greenbush and Sand Lake, which began in 2006 and been completed upon filing of the Final Roll on July 1, 2008, and

WHEREAS, in the course of this project, EPCOR, a steam and electricity co-generation plant, located at 1902 River Road, Castleton-on-Hudson has challenged its assessed value, and

WHEREAS, the impact to the real property owners and taxpayers of the Town, Village, County and Schodack Central School District could be substantial, and

WHEREAS, the Town Board communicated with representatives of the above-referenced taxing jurisdictions on April 30, 2008 to share information about the issues and potential for lost revenue and to request the financial participation of all those impacted,

NOW, THEREFORE, BE IT RESOLVED that the Town Board does reiterate the need for a cooperative financial effort to move the anticipated tax certiorari to a successful conclusion and direct the Supervisor to share this resolution with each of the affected taxing jurisdictions as listed herein.

Renewal of Bond Anticipation Note - due July 25, 2008 - Full Text is posted on Bulletin Board

To authorize the Supervisor to issue a Bond Anticipation Note (BAN) of the Town in the amount of $1,785,635.35 dated July 25, 2008 as follows: $72,124.00 for improvements to East Schodack Sewer District # 5 (SS#), $47,960.00 for improvements to Maple Crest Water District #3 (SW#), $444,235.00 for replacement of Knickerbocker Road Bridge over CSXT rail lines (DB), $60,528.00 for acquisition of 2006 International 6x4 truck with plow wing and dump body (DB), $130,000 for appraisal of all the real property in the Town of Schodack to assist in the assessment thereof for purposes of taxation (A), $166,250.00 for construction of water mains, two temporary water wells, residential service and related improvements to supply potable water (A), $119,100.00 for acquisition of 2007 International Model #7500 truck with wing, plow and dump body (DB), $263,000.00 for improvements to East Schodack Sewer District #5, $185,750.00 to finance the water system improvements to water districts 2a, 2b, 4, 5 and 8 and $84,500.00 to finance the water system improvements for the alternate tower site, all of the foregoing renewing a prior BAN; $76,741.49 for acquisition of 2009 Dump Truck Model 4300 SBA, $29,050.00 for appraisal of all the real property in the Town of Schodack to assist in the assessment thereof for purposes of taxation, $7,946.86 for improvements to East Schodack Sewer District #5, and $4,535.00 to finance the water system improvements to Water Districts 2a, 2b, 4, 5. and 8, and $93,915.00 to finance the water system improvements for the alternate tower site.

Serial Bond Resolution for Water District No. 9 - Full Text is posted on bulletin Board

Bond Resolution dated July 10, 2008 authorizing construction of water distribution system improvements in Water District No. 9, authorizing the issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York, in an aggregate Principal Amount not to exceed $650,000 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.

To request that the New York State Department of Transportation (a) evaluate the speed limit within a densely populated neighborhood located at Julianne and Richwood Drives and (b) recommend other successful traffic calming measures.

Authorize the Town Clerk to publish legal notice of bids for construction projects known as Water System Improvements DWSRF #17357 Contract No. 3B, Water Storage Reservoir and/or Contract No. 3C, Water Transmission Main and Groundwater Supply Improvements DWSRF #16736, Contract No. 5G General Construction, and/or Contract 5E Electrical Work, and/or Contract No. 5H HVAC Work.

Authorize Partial Payment Estimate No. 1 for the work completed by Wm. J. Keller & Sons Construction Corp. Contract No. 6, General Construction Sewer District No. 8 in the amount of $100,000.00 with a total amount not to exceed $95,000.00. This authorization is contingent upon review and approval of documentation for Minority and Women Business (M/WBE), affidavit and certification of contractor as to payment of wages and subcontractors and will also be subject to the approval of the USDA Rural Development, a funding agency, and the Town Comptroller.

Accept amendment dated July 10, 2008 to a certain Map, Plan and Report entitled "Town of Schodack, Rensselaer County, New York, Proposed Sewer District No. 8, Schodack Landing Area" as submitted by J. Kenneth Fraser and Associates dated March 2006 and as most recently amended on April 10, 2008, to revise the operation and maintenance costs and the associated annual cost per typical property as $664.00.

Order Authorizing Public Hearing on Proposed Town Board Resolution to Adopt a Resolution and Order Increasing the Maximum Amount to Be Expended for Improvements in Sewer District #8 [See full text on Bulletin Board]

WHEREAS, the Town Board of the Town of Schodack (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, proposes to adopt a resolution and order pursuant to section 202-d of the Town Law to increase the maximum amount to be expended for improvements in Sewer District No. 8 (the "District"); and

WHEREAS, pursuant to a map, plan and report dated March 2006, as amended July 10, 2008, prepared by J. Kenneth Fraser and Associates, PE, competent engineers duly licensed by the State of New York, for the establishment of said District, and construction of improvements proposed as part of Schodack Sewer District No. 8 consisting of a new pressure sewer system to serve the Hamlet of Schodack Landing including new septic tanks, effluent pumps, approximately 7,500 linear feet of 2, 3 and 4 inch diameter pressure sewer piping, and a new Publicly Owned Treatment Works (POTW) with a nominal capacity of 20,000 GPD discharging to the Hudson River serving approximately 73 parcels within the Hamlet, having a total cost not to exceed $2,294,039 (collectively, the "Sewer Improvements"). The costs of Sewer improvements and calculation of per unit capital cost and improvements are further described in the map, plan, and report dated March 2006, as amended July 10, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection; and

NOW, THEREFORE, BE IT DETERMINED and stated that the estimated cost of the District to the "typical property" (as defined in the Town Law) is $664, annually, consisting of a $507 capital charge and a $157 operation and maintenance (O&M) charge; that the Petition for Establishment of Sewer District No. 8 in the Town of Schodack dated April, 2006 previously stated an estimated annual Capital Charge of $425 and an estimated annual operation and maintenance charge to the typical one or two family home of $210; that the proposed method of financing to be employed is Federal and State grants and Federal and State low interest rate loans; and that the Town Board has theretofore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and further that the cost of the District to such typical property is below the average estimated cost to the typical properties for the establishment of similar types of districts, as computed by the State Comptroller; and be it

ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 265 Schuurman Road, on June 24, 2008 , at 7 pm for the purpose of holding a public hearing to receive comments on the Town Board resolution to adopt an order pursuant to section 202-d of the Town Law to increase the maximum amount to be expended for improvements in Sewer District No. 8, and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it

FURTHER ORDERED, pursuant to Town Law Section 193, that the Town Clerk file a certified copy of this order on or about the date of the publication of a copy of this order in the Office of the State Comptroller.

FURTHER DIRECT and authorize Town Clerk to publish notice of hearing in accordance with the Order authorizing a proposed Town Board Resolution to adopt a Resolution and Order increasing the maximum amount to be expended for improvements in Sewer District No. 8. Said hearing is to be held on Thursday, July 24, 2008 at 7 p.m. at the Schodack Town Hall, 265 Schuurman Road.

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 non-exclusive easement for ingress and egress, including but not limited to the purposes of laying and maintaining utility services and water system facilities to and from the Water Tower Premises (the "Project") across lands of Fox Hollow, LLC, ("Subject Property") located in the Town of Schodack, Town of Schodack, County of Rensselaer and State of New York, commonly known and described as Tax Map Parcel No. 189.-21.1, and

WHEREAS, the Town determined that said Project and the construction of the Water Storage Premises on an adjacent property [Tax Map No. 178.-11-24] are needed in order to further develop the Town Hall Well Field to serve and consolidate Water Districts No. 2a, 2b, 4, 5 and 8, which action shall provide public benefit, and

WHEREAS, the Town obtained professional engineering studies and caused preparation of professional engineering plans and specifications for said improvements, which include a sixty-foot wide easement, containing 2.630 +/- acres, over a portion of the Subject Property of Fox Hollow, LLC, for the purposes of laying and maintaining utility services and water system facilities,

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-883, 972-1075 and 1077-1127 on Abstract No. 0708, in the amount of $302,874.50, including the claims paid since the previous Town Board meeting ($64,408.25).

Authorize budget amendments, budget transfers, interfund loans, and interfund transfers as recommended by the Comptroller.

WHEREAS, pursuant to a map, plan and report dated March 2006, as amended July 10, 2008, prepared by J. Kenneth Fraser and Associates, PE, for the construction of improvements proposed as part of Schodack Sewer District No. 8 consisting of a new pressure sewer system to serve the Hamlet of Schodack Landing including new septic tanks, effluent pumps, approximately 7,500 linear feet of 2, 3 and 4 inch diameter pressure sewer piping, and a new Publicly Owned Treatment Works (POTW) with a nominal capacity of 20,000 GPD discharging to the Hudson River serving approximately 73 parcels within the Hamlet, having a total cost not to exceed $2,294,039 (collectively, the "Sewer Improvements"). The costs of the Sewer improvements and calculation of per unit capital cost and improvements are further described in the map, plan, and report dated March 2006, as amended July 10, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection; and

WHEREAS, the maximum estimated annual cost of the District to the "typical property" (as defined in the Town Law) is $664, consisting of a $507 capital charge and a $157 operation and maintenance (O&M) charge; that the Petition for Establishment of Sewer District No. 8 in the Town of Schodack dated April, 2006 previously stated an estimated annual Capital Charge of $425 and an estimated annual operation and maintenance charge to the typical one or two family home of $210; that the proposed method of financing to be employed is Federal and State grants and Federal and State low interest rate loans; and that the Town Board therefor caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and

WHEREAS, the estimated maximum amount proposed to be expended for the construction of the Sewer Improvement is $2,294,039, and the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and

WHEREAS, pursuant to Resolution and Order No. 2008-120 the Town Clerk duly published and posted legal notice of public hearing on said Petition specifying March 27, 2008 as the date, 6:00 p.m. on said date as the time and the Schodack Town Hall, 265 Schuurman Road, Schodack, New York as the place to consider the Petition and to receive comments on the increase of the maximum amount proposed to be expended for improvements in Schodack Landing Sewer District No. 8; and pursuant to Resolution and Order No. 2008-280, the Town Clerk duly published and posted legal notice of public hearing on said Petition and projected annual cost to typical properties in the District specifying July 24, 2008 as the date, 7:00 p.m. on said date as the time and the Schodack Town Hall, 265 Schuurman Road, Schodack, New York as the place to consider the Petition and to receive further comments on the increase of the maximum amount proposed to be expended for improvements and the projected annual cost to the typical property in Schodack Landing Sewer District No. 8; and considerable discussion on the matter having been had and all persons desiring to be heard having been heard in favor of and in opposition to said increase and improvements of facilities at the revised estimated maximum cost;

ORDERED, that the Sewer Improvements in Schodack Sewer District No. 8 shall be constructed at a cost not to exceed $2,294,039, the amount stated in the notice of hearing as the revised estimated maximum cost of construction of such Sewer Improvements; and it is further

ORDERED, that the expense of construction of said Sewer Improvements shall be assessed, levied and collected from the several lands or parcels of land within the District, so much upon and from each as shall be in just proportion to the amount of benefit which the Town Board determines construction of said Sewer Improvements shall confer upon the same, and any amounts received from grants of federal and state funds shall be applied to the cost of said Sewer Improvements, or toward redemption of any bonds issued therefor or budgeted as an offset to assessments for payment of the principal and interest thereon, and it is further

ORDERED, that the Town Clerk record a certified copy of this resolution and order after public hearing in the office of the Clerk of Rensselaer County within ten (10) days after adoption thereof.

Authorize Supervisor Secor to execute a three-year contract for the period of August 1, 2008 through July 31, 2011 with Joseph E. Mastrianni, Inc. for administration of the Town of Schodack Housing Choice Voucher Program.

WHEREAS, Matthew Michael McKnight, son of Donald and Patricia McKnight, on the seventeenth day of May in the year two thousand eight, was promoted to Eagle Scout, the highest rank a boy can receive in scouting, and

WHEREAS, Matthew started his journey in Cub Scouting as a Tiger Cub in first grade with Pack 16 in Ebensburg, Pennsylvania and continued his scouting journey after moving to Castleton-on-Hudson, New York with Cub Pack 253, and Matthew earned the Arrow of Light award, the highest Cub Scout achievement, and

WHEREAS, Matthew is a member of Boy Scout Troop 53, and has earned 21 Merit Badges in his ten years of Boy Scouting, and

WHEREAS, Matthew has earned the Den Chief Award, the Snorkeling Boy Scouts of America award, and the Kayaking Boy Scouts of America award, and

WHEREAS, Matthew was a member of Jamboree Troop 108, where he participated in the 100th anniversary celebration of global scouting at the 2007 World Jamboree in Chelmsford, England, and

WHEREAS, Matthew completed the National Youth Leader Training Conference, and is a member of the Brotherhood of Kittan Lodge 364 of the Order of the Arrow, and

WHEREAS, Matthew has served Troop 53 as Cobra Patrol Leader and Assistant Senior Patrol Leader, and

WHEREAS, as his Eagle Scout project, Matthew chose to place bluebird houses at Schodack Island State Park, researching birds native to the island, developed an informational display and bird watcher checklist for the park, located and recorded all of the birdhouses in the park with a comprehensive monitoring program, and

WHEREAS, Matthew is a Junior at Maple Hill High School, is a member of the Drama Club, Key Club and has earned his Varsity Letters as a member of Wrestling and Track and Field teams, and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Matthew Michael McKnight upon the auspicious occasion of being awarded the rank of Eagle Scout, Boy Scouts of America, and

BE IT FURTHER RESOLVED that Supervisor Secor shall present a copy of this resolution, suitably engrossed to Matthew Michael McKnight at his Court of Honor on August 2, 2008.

Authorize Bruce J. Wagner, Justice, Paul W. Peter, Justice and Patricia H. Loomis, Senior Court Clerk to attend New York State Magistrates Association Fall Conference September 21 through 24, 2008 in Niagara Falls, New York with registration fees not to exceed $50 per Justice and $25 for Court Clerk and lodging not to exceed $2,160. It is understood there will be conference travel expenses, and meals in addition to the registration fee and lodging for each attendee

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, 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, and

WHEREAS, the Town of Schodack has on the 9th day of July received notice that Athanasios Stamoulis doing business as Schodack Diner has applied for on-premises liquor license, and

WHEREAS, the Town Clerk circulated a notice of said application to the Schodack Town Board, the Schodack Police Department and the Schodack Building Department and no adverse comments or recommendations of any kind were received,

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Schodack, that with respect to the application submitted by Athanasios Stamoulis doing business as Schodack Diner at 1842 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 as to said application.

Authorize National Grid to install a new overhead electric service at 5 Rail Lane in Schodack Landing for Sewer District No. 8 at a cost not to exceed $3,435.76, as designed by J. Kenneth Fraser and Associates.

Appoint The Law Office of Robert L. Beebe, LLC and Daniel G. Vincelette, PC to represent the Town as special counsel in Tax Certiorari matters, as may be assigned by the Assessor. Representation by the Beebe Law Firm shall be at the following hourly rates of $200.00 for Mr. Beebe, Associate $150 and Paralegal $90. Hourly rates for representation by the Vincelette firm shall be as follows: Daniel Vincellette at $165 and Associate $135.

Authorize Supervisor Secor to execute agreement with Dunkin' Donuts to allow construction of water main and connection from Town Hall Well Field and transmission main located adjacent to the east side US Routes 9 & 20 pursuant to a Stipulation between Rensselaer County Health Department and David Leal, owner.

Accept amendment dated July 22, 2008 to a certain Map, Plan and Report entitled "Town of Schodack, Rensselaer County, New York, Proposed Water System Improvements - Existing Water District No 2A and Proposed Water District No. 8," as submitted by J. Kenneth Fraser and Associates dated April 2005.

Authorize Town Clerk to publish notice of public hearing to be held at the Schodack Town Hall, 265 Schuurman Road, Castleton, N.Y. 12033 on August 14, 2008 at 7:30 PM pursuant to Town Law Section 202-b to receive comments concerning the increase and construction of Major Water Facilities at the Town Well Field and related site improvements to serve parcels within existing water districts, including but not limited to water districts 2A, 2B, 4, 5, 8 and 9, future water districts and other future users and to create a Town water supply to provide excess water capacity.

The improvements proposed to be constructed consist of development and construction of a New Town Well Supply consisting of two production wells, a permanent pump station and water treatment facility at the Town's Well Field located on NYS Route 150 and related site improvements to supply potable water from the Town of Schodack's Well Field to parcels within existing Schodack water districts and other future users. The cost of construction of the New Town Well Supply is estimated to be in an amount not to exceed $1,750,000. The proposed method of financing to be employed is the issuance of serial bonds and/or Bond Anticipation Notes issued in anticipation thereof. Such bonds and notes are anticipated to be issued in accordance with the State Drinking Water Revolving Fund program.

The Water Improvements are further described in the map, plan, and report dated April 2005, amended July 22, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection. on August 14, 2008 pursuant to Town Law Section 202-b concerning major water facilities and town well field improvements as described in the Map, Plan and Report prepared by J. Kenneth Fraser and Associates entitled, "Town of Schodack, Rensselaer County Proposed Water System Improvements, Existing Water District 2A and Proposed Water District 8," dated April 2005, as amended on July 22, 2008.

WHEREAS, the Town of Schodack and J. Kenneth Fraser and Associates are satisfied that Tom Kubricky Company, Inc., has discharged its obligations under the Contract No 3A Water District No. 8 Construction Contract, and

WHEREAS, the one-year warranty period for said contract expired on July 15, 2008,

NOW, THEREFORE, BE IT RESOLVED that the Supervisor is authorized to release the five-percent (5%) retainage in the amount of $77,668.29 plus interest in the amount of $623.39 for a total of $78,291.68.

Ratify and affirm that Sharon Martin, Sole Assessor, has attended a course entitled "National USPAP Update Course" at Manfred Real Estate Learning Center on July 22, 2008. Cost was $185 with other appropriate expenses to be borne by the Town.

Ratify and affirm amending resolution 2008-201 adopted May 8, 2008 to appoint the following Town of Schodack Day Camp employees for the Summer Youth and Recreation Program as recommended by the Director of Youth and Recreation:

WHEREAS, it is the desire of the Schodack Town Board to act in accord with its longstanding traditions, honoring those who have achieved academic excellence, giving generously to their community and peers, and exemplifying the ideals and values cherished by this great town, and

WHEREAS, Gabriella Sanchez-Morrissey a resident of the Town of Schodack, daughter of Susana Sanchez-Morrissey and Dr. Mark Morrissey, has distinguished herself as Valedictorian of Columbia High School, Class of 2008, stating, "Take advantage of the opportunities presented to you at Columbia. With the guidance of your teachers, the support of your friends and parents, and a little hard work on your part, you can be quite successful in school and in life," and

WHEREAS, Gabriella's activities at Columbia High School included Cross Country, Indoor Track and Field, Outdoor Track and Field, German Club, German National Honor Society, Math League and National Honor Society, and

WHEREAS, Gabriella was also awarded the National Hispanic Scholar, the Dr. Joseph Belser Memorial Award, Daughters of the American Revolution Fort Crailo Chapter Award, Jean M. Tracy Memorial English Department Award for Excellence, Sixteen-Time Principal's Honor Roll Award, Wurstlin Family Memorial Science Award, Air Force Recruiting Service Math and Science Award, and was a three-time National Youth Leadership Forum on Medicine nominee, and

WHEREAS, Gabriella will be attending Johns Hopkins University where she will major in Molecular and Cellular Biology, and

WHEREAS, Gabriella has assisted the campers of the Summer Youth Recreation Program to enjoy the pool facilities at Evergreen Country Club daily in her capacity as Club Lifeguard, and her eagerness and willingness to assist in any way, reassuring all participants with her warm smile and professional demeanor,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack is moved to honor Gabriella Sanchez-Morrissey on her academic achievement and her recognition as Valedictorian of Columbia High School, Class of 2008, a source of great pride for her family, her peers, and her community, and is an impressive role model for all, and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Schodack will pause in its deliberations of the 24th day of July 2008 to acknowledge and honor Gabriella Sanchez-Morrissey upon her graduation from Columbia High School, Class of 2008, and to wish for her much success and happiness in her future pursuits, and

BE IT FURTHER RESOLVED that the Supervisor shall transmit a copy of this resolution, suitably engrossed, to Gabriella Sanchez-Morrissey.

Authorize the Payroll and Personnel Clerk to post internally the full-time position of Assistant to the Senior Court Clerk and to authorize the Supervisor to advertise in the official Town newspaper as necessary.

Authorize Partial Payment Estimate No. 2 for the work completed by Wm. J. Keller & Sons Construction Corp. Contract No. 6, General Construction Sewer District No. 8 in the total amount of $220,536.00 less retainage of five percent (5%) in the amount of $11,026.80 for a total payment not to exceed $209,509.20. This authorization is contingent upon review and approval of documentation for Minority and Women Business (M/WBE), affidavit and certification of contractor as to payment of wages and subcontractors and will also be subject to the approval of the USDA Rural Development, a funding agency, and the Town Comptroller.

Authorize Supervisor Secor to execute Change Order No. 3 to Contract No. 6 General Construction Sewer District No. 8 between the Town and Wm. J. Keller and Sons Construction Corp. in the amount of $3,000.00 to extend electrical service from last National Grid pole to service entrance at treatment plant.

Amend Resolution 2008-271 to replace the total amount of $45,000 to complete Items B & C under Basic Services to $55,000. Amendment is necessitated by a math error. The original contract reflects the correct amount of $55,000 for Items B & C under Basic Services.

WHEREAS, the law firm of Hiscock & Barclay has provided legal service to the Town of Schodack for a period of more than four years, and

WHEREAS, Hiscock and Barclay currently represents the Town as special counsel on several matters which are currently at a critical stage, and

WHEREAS, the substitution of new counsel in those matters would create problems in continuity in the event the Town hired new counsel, and

WHEREAS, Hiscock & Barclay has also indicated its intention to represent EPCOR Power Castleton LLC (hereinafter referred to as "EPCOR") in a tax certiorari proceeding against the Town of Schodack for the Castleton Generating Plant it owns and operates located at 1902 River Road (SBL No. 198.12-1-3.2), creating a clear conflict of interest for the firm, and

WHEREAS, Hiscock & Barclay has requested a waiver of said conflict of interest, permitting it to continue to perform legal work for the Town while representing EPCOR in an action against the Town,

NOW, THEREFORE, BE IT RESOLVED that the Supervisor is authorized to execute a Qualified Waiver of said conflict of interest dated July 28, 2008 for the period ending October 31, 2008.

WHEREAS, the Town Board of the Town of Schodack, (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, has heretofore reviewed the map, plan and report, dated April 2005, as amended July 22, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), a competent engineer duly licensed by the State of New York, in such detail as theretofore determined by the Town Board and filed in the Office of the Town Clerk of the Town for public inspection, providing for the increase and construction of Major Water Facilities and related site improvements at the Town Well Field to serve parcels within existing water districts, including but not limited to water districts 2A, 2B, 4, 5, 8, 9 and future water districts; and

WHEREAS, pursuant to said map, plan, and report dated April 2005, as amended July 22, 2008, prepared by the Town Engineers, the construction of proposed water system improvements will consist of the development and construction of a New Town Well Supply consisting of two production wells, a permanent pump station and water treatment facility at the Town's Well Field located on NYS Route 150 and related site improvements to supply potable water from the Town of Schodack's Well Field to parcels within existing Schodack water districts, including but not limited to water districts 2A, 2B, 4, 5, 8, 9, and other future users; and

WHEREAS, the cost of construction of said New Town Well Supply improvements is estimated to be in an amount not to exceed $1,750,000. The proposed method of financing to be employed is the issuance of serial bonds and/or Bond Anticipation Notes issued in anticipation thereof. Such bonds and notes are anticipated to be issued in accordance with the State Drinking Water Revolving Fund program; and

WHEREAS, on July 28, 2008, the Town published notice of public hearing pursuant to Town Law § 202-b to receive comments on the development and construction of the aforesaid New Town Well Supply; and

WHEREAS, on August 14, 2008, the Town Board duly held said public hearing and considered development and construction of the New Town Well Supply.

Authorize Town Clerk to publish notice of public hearing on sewer rent for Operation and Maintenance costs for Sewer District Number 8. Said hearing shall be held on Thursday, September 11, 2008 at 8 p.m. at the Schodack Town Hall, 265 Schuurman Road, Schodack.

Authorize Town Clerk to publish notice of public hearing to seek input on Proposed Local Law Number 2 of the Laws of 2008 to amend Chapter 197 of the Code of the Town of Schodack by adding thereto a new subdivision (c) to §197-12.1 to allow a Cold War Veterans Exemption; amending existing subdivision C. to be designated as subdivision D.; and to add a new Article VII "Exemption for Real Property Improvements to Accommodate Physical Disabilities." The hearing is to be held on Thursday, September 25, 2008 at 7:15 p.m. at the Schodack Town Hall, 265 Schuurman Road, Schodack.

Resolved that the Assessor, Sharon Martin and the Assistant to the Assessor, Karen Justus, be paid stipend in the amount of $1,322.28 each and that the Receiver of Taxes, Katherine E. Lubbers and Assistant to the Receiver of Taxes, Nancy Lawlor, be paid a stipend in the amount of $67.25 each for the year 2008 from monies received by the Town from the NYS STAR Program.

Pursuant to the May 13, 2008 request of the East Greenbush Community Library, authorize Supervisor Secor to inform the East Greenbush Community Library of the Town's intent to utilize said Library for Town library service for the year 2009 at a cost not to exceed $175,065.

Appoint Alan J. Roehr, Jr., Peter Zownir and Thomas MD Jones as part-time sworn police officers for the Town of Schodack for the purpose of attending Zone 14 Police Academy and to complete necessary training under the direction of the Schodack Police Department. If after the successful completion of said training, the Officers are employed as full-time police officers for the Town for a period greater than the probationary period pursuant to any collective bargaining agreement with the PBA existing at the time, the Town agrees to reimburse tuition expense paid by said officers.

Withdrawn: Appoint _______________________, ________________________ and ____________ as part-time police dispatchers at hourly rate as set forth in 2008 adopted budget.

Pursuant to Chapter 80-4 of the Code of the Town of Schodack and upon receipt of written application submitted by Tuxedo Terrace Films, LLC, the Schodack Town Board hereby resolves to grant a Mass Assembly Permit to Tuxedo Terrace Films, LLC for a film entitled "Taking Woodstock". Preparation work will begin September 2, 2008. Filming is scheduled for September 12, and September 16 through September 18, 2008 in and around the area of the Cohen's farm, Rt 20, Schoolhouse Road and Rohloff Road, except that Tuxedo Terrace Films, LLC must comply with all offsite parking provisions of the Code and any other requirements, if any, of State, County and other municipalities. The applicant will be given notice that this approval is solely from the Town of Schodack and does not constitute approval by any other approving or governing agency.

Authorize Jennifer L. Mulligan, CPA, Comptroller and Cherie Gitto, Staff Accountant to attend the NYS GFOA Northeast Region Summer Seminar September 10, 2008 in Lake George. Cost of the seminar is $70 each with other appropriate expenses to be borne by the Town.

Authorize Patroon Abstract Corp. to provide title searches to determine ownership of various parcels of land over/under in which Sewer District No 8 facilities will be placed. Pursuant to retainer agreement dated August 14, 2008 said work will be billed at the rate of $75 an hour and total cost will not exceed $11,200. Additionally, Patroon Abstract Corp will record easements once they are obtained by the Town.

Authorize Sharon Martin, Assessor to attend the New York State Assessor's Annual Conference September 21 through September 24, 2008 in Kerhonkson, New York. Cost is $932.00 (3 days) which includes the conference, food and lodging with other appropriate expenses to be borne by the Town. A portion of this expense is to be reimbursed by the State of New York.

Bond Resolution dated August 14, 2008 authorizing water systems improvement including development and construction of two (2) production wells, the engineering and design of a permanent pump station, and related improvement 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 addition 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 August 14, 2008, authorizing the issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an aggregate principal amount not to exceed $1,100,000 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. [Excerpt - full text posted on bulletin board]

To request the New York State Department of Transportation to survey the intersections of Boyce and Hoags Corners Roads and Boyce and Morey Park Roads, currently controlled with stop signs, to suggest improvements to enhance motorist safety as may be appropriate.

Authorize Supervisor Secor to execute the amended Legal Services Agreement dated August 13, 2008 between the Town and Hiscock & Barclay for Schodack Sewer District No. 8 in an amount not to exceed $65,000 as required by the USDA Rural Development.

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-1076 and 1128-1304 on Abstract No. 0808, in the amount of $2,587,851.36, including the claims paid since the previous Town Board meeting ($2,048,093.18).

Authorize budget amendments, budget transfers as amended, interfund loans, and interfund transfers as recommended by the Comptroller.

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

Authorize Partial Payment Estimate No. 3 for the work completed by Wm. J. Keller & Sons Construction Corp. Contract No. 6, General Construction Sewer District No. 8 in the total amount of $562,489.90 less retainage of five percent (5%) in the amount of $28,124.50 for a total payment not to exceed $534,365.40. This authorization is contingent upon review and approval of documentation for Minority and Women Business (M/WBE), affidavit and certification of contractor as to payment of wages and subcontractors and will also be subject to the approval of the USDA Rural Development, a funding agency, and the Town Comptroller.

WITHDRAWN: Authorize amendment to J. Kenneth Fraser contract Schodack Landing Sewer District No. 8. (More information to follow - awaiting details from Jeff Budrow)

Authorize the following Schodack Landing Sewer Project Budget Amendments to Form E for the construction contract:
Increase A.1. from $51,200 to $65,000 reflecting an increase of $13,800 (Legal Services Agreement).
Decrease A.2. from $18,000 to $17,200 reflecting a decrease of $800 (Bonding Services).
Increase A.2a. from $0 to $5,500 reflecting an increase of $5,500 (Net interest).
Decrease A.3. from $15,000 to $2,000 reflecting a decrease of $13,000 (Grant Administration Agreement).
Increase C.1a from $1,692,390 to $1,695,390 reflecting an increase of $3,000 (Construction Contract Change Order #3).
Decrease C.2a from $30,000 to $27,000 reflecting a decrease of $3,000 (Electric Service - National Grid).
Decrease D.1. from $84,664.04 to $79,164.04 reflecting a decrease of $5,500 (Contingency).

Resolved that Beth Knauf Secor, as Supervisor, of the Town of Schodack, or such person's successor in office, is hereby authorized and directed to file an application for funds from the Hudson-Fulton-Champlain Quadricentennial Grant Program in accordance with the Hudson-Fulton-Champlain Quadricentennial Act, in an amount not to exceed $1,000, and upon approval of said request to enter into and execute a state assistance contract with the Department of Environmental Conservation for such financial assistance to this Town of Schodack for Schodack Quadricentennial Event to be know as Henry Hudson's Impact on Schodack - A Presentation by Leonard F. Tantillo, Historical Artist.

Resolved that Beth Knauf Secor, as Supervisor, of the Town of Schodack, or such person's successor in office, is hereby authorized and directed to file an application for funds from the Hudson-Fulton-Champlain Quadricentennial Grant Program in accordance with the Hudson-Fulton-Champlain Quadricentennial Act, in an amount not to exceed $13,400, and upon approval of said request to enter into and execute a state assistance contract with the Department of Environmental Conservation for such financial assistance to this Town for Schodack Quadricentennial "Celebrating Henry Hudson's Voyage to Schodack and Castleton-on-Hudson" as part of a consortium of the Village of Castleton-on-Hudson, Town of East Greenbush and Town of Schodack, in conjunction with the Commission activities and the sailing of the replica of the Half Moon during 2009.

Designate Route 9J (River Road) within the Town of Schodack as a Local Bike route and request New York State Department of Transportation to post D11-1 Bike Route signage.

WHEREAS, the Town of Schodack, together with the Towns of East Greenbush and Nassau, and the Village of Nassau are applying to the Hudson River Valley Greenway for a planning grant under the 2008 Greenway Conservancy/Greenway Conservancy Small Grant Program for a project entitled Albany-Hudson Recreational Trails to be located in the aforementioned municipalities,

WHEREAS, the grant application requires the applicant municipality to obtain the approval of the governing body of each municipality including the Town Board of the Town of Schodack,

NOW, THEREFORE, be it resolved that the governing board of the Town of Schodack hereby does approve and endorse the application for a $10,000 planning grant under the 2008 Greenway Conservancy Small Grant Program, for a project known as Albany-Hudson Recreational Trail and located within this community.

Authorize Town Clerk to publish legal notice to solicit bids for preparation of 8,000 square feet of floor and epoxy finish application at Highway Garage pursuant to specifications prepared by J. Kenneth Fraser and Associates.

Authorize Supervisor Secor to execute Parking Facility Lease Agreement with Tuxedo Terrace Films, LLC, producer for use of parking lot space at the Highway Garage, 3776 US Route 20 from September 11 to 18, 2008 for the amount of $1,000.00. Utilities will be billed separately.

Authorize Supervisor to execute TP-584 and Option to Extend Lease Agreement with Crown Atlantic Company, LLC, to extend the term of the Lease for eight five-year terms.

Appoint Johanna Hoyt and Elizabeth Swahlan as Tax Clerks at an hourly rate as set forth in the Year 2008 adopted budget.

To request that the New York State Department of Transportation conduct a traffic safety study for evaluation of appropriate speed limit on Rosecrans Avenue.

WHEREAS, the owners of real property located at 1532 Sunset Road [Tax Map No. 178.-11-18], William and Cindy Burton, operate a small business known as the Brown Bagger from their residence located in Water District No. 8, a duly established water district, and

WHEREAS, upon receipt of Town notification that municipal water became available on July 10, 2007 and waiver of the connection fee if completed within 120 days, the Burtons came to town hall frequently to inquire how best to proceed, determine contractors to use, costs associated with this connection, funding sources and the like, and

WHEREAS, the Burtons aggressively pursued essential funding through various agencies, including a grant or loan from USDA Rural Development and other options, and

WHEREAS, prior to the establishment of Water District No. 8 the Burtons had invested in a UV disinfection system mandated by the Rensselaer County Health Department to permit use of a residential well for food service, and

WHEREAS, late in August 2008 the Burtons were mandated by the Rensselaer County Department of Health to connect to the public water supply and to abandon their current water supply effective August 31st pursuant to Article 2 of the Rensselaer County Sanitary Code,

NOW THEREFORE BE IT RATIFIED AND AFFIRMED that the Town Board of the Town of Schodack waived the payment of the connection fee as previously established for owners of real property located at 1532 Sunset Road [Tax Map No. 178.-11-18].

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 that establishes local policies for administration of 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 2008 to be prepared establishing local policies for administration of its Section 8 Housing Assistance Payments Program in accordance with 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 adopts the Section 8 Housing Choice Voucher Program.

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack to schedule a public hearing to be held on September 11, 2008 to consider proposed sewer rents for Sewer District No. 8, and

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road, Schodack, New York, on the 11th day of September 2008, said hearing being duly convened at the time and place specified in said notice, and

WHEREAS, as of September 3, 2008, there are 69 users in the district anticipated to be operational during September or October 2008, and

WHEREAS, based on this startup date, the Comptroller has recommended that the 2008 second semi-annual billing rent should be two-thirds of the full semi-annual rent, and

WHEREAS, the estimated annual operation and maintenance cost to Sewer District #8, as disclosed in the J. Kenneth Fraser and Associates report entitled "Proposed Sewer District No. 8 - Schodack Landing Area dated March 2006 and as amended July 10, 2008, is $10,500, divided by the anticipated number of users to equal an annual rent of $153.00 and equating to a semi-annual rent of $76.50,

NOW, THEREFORE, BE IT RESOLVED that commencing with the second semi-annual billing period (2008) the sewer rents for Sewer District 8 (Schodack Landing) for 69 users shall be $51.00, and

BE IT FURTHER RESOLVED, that commencing with the semi annual billing period (January 1, 2009) the sewer rents for Sewer District No. 8 (Schodack Landing) for 69 users shall be $76.50 semi-annual rate per unit.

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 20th Annual Apple Festival to be held October 11th and 12th, 2008 on 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 shall 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. Further, a waiver of surety bond is granted subject to the provision that the Town is named as an additional insured on the applicant's liability policy and applicant will indemnify the Town of Schodack for any damage to Town property, vehicles, by participants or employees of the event and reimburse the Town for any other additional expense incurred by the event.

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, the Town of Schodack does hereby proclaim November 2008 as National American Indian Heritage Month, and urges all our citizens to observe this month with appropriate programs, ceremonies and activities.

Authorize Jennifer L. Mulligan, CPA, Comptroller, Cherie Gitto, Staff Accountant and Kathleen Blake, Payroll/Personnel Clerk to attend the seminar entitled "Human Resources for Anyone with Newly Assigned HR Responsibilities" at the Holiday Inn Express, in Albany, New York, on November 6, 2008. Cost is $199 per person with other appropriate expenses to be borne by the Town.

Authorize Jeffrey Conlin, Building Inspector, and Gary Ziegler, Building Inspector to attend the Capital District Building Officials Educational seminar at the Holiday Inn in Albany, New York, on October 20, 2008. Cost is $110 per person with other appropriate expenses to be borne by the Town.

To waive the requirement pursuant to Chapter 177 §1 to hold Water Rate hearings on or before October 20th, in order to schedule said hearings at the regular Workshop meeting on October 23, 2008.

To waive the requirement pursuant to Chapter 176 §4 to hold Sewer Rent hearings on or before October 20th, in order to schedule said hearings at the regular Workshop meeting on October 23, 2008.

Authorize Town Clerk to publish legal notice of public hearing on proposed water rates for Operation and Maintenance costs and the assessment rolls for the capital charges for Water Districts Number 1, 2A, 2B, 3, 4, 5, 8 and Highway Area Water System (water rates only). Said hearings shall be held Thursday, October 23, 2008 at 7 p.m. at the Schodack Town Hall, 265 Schuurman Road.

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, 6, 7 and 8 (for assessment roll only). Said hearing shall be held on Thursday, October 23, 2008 at 7:30 p.m. at the Schodack Town Hall or as soon thereafter as the above hearing is concluded.

WHEREAS, the Town Board authorized resolutions 2004-389, 2006-217, 2007-186, 2007-484 and 2007-485 that pertained to the contract for engineering services between the Town of Schodack and J. Kenneth Fraser and Associates as originally dated July 21, 2004;

WHEREAS, the Town received correspondence dated September 2, 2008 requesting an amendment to said contract to be effective March 1, 2008;

NOW, THERFORE, BE IT RESOLVED to amend the contract dated July 21, 2004 relative to the following:

BE IT FURTHER RESOLVED that the supervisor shall be authorized to execute the amendment to said contract, and

BE IT FUTHER RESOLVED that Additional Services, which, under the contract, require separate authorization in order to proceed, are authorized, as listed above for the total amount of $61,000.

Adopt the fee schedule for Fall Clean Up Days (October 23, 24 & 25) at the Transfer Station as follows:

Authorize Supervisor Secor to execute Change Order No. 4 to Contract No. 6 General Construction Sewer District No. 8 between the Town and Wm. J. Keller and Sons Construction Corp. to increase said contract in the amount of $47,600.00 to authorize existing septic tanks to be abandoned as prescribed by the Rensselaer County Department of Health.

Additionally, authorize the following budget amendment to Form E related to Change Order No. 4:

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

WHEREAS, the Town of Schodack has received notice that the Nassau Sportsmen's Club is applying for renewal of its on-premises liquor license, and

WHEREAS, the Town Clerk circulated a notice of said renewal to the Schodack Town Board, the Schodack Police Department and the Schodack Building Department and no adverse comments or recommendations of any kind were received,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Schodack that, with respect to the application submitted by Nassau Sportsmen's Club of Boyce Road, Schodack, New York for a renewal license to sell alcoholic beverages for on-premises consumption, the Schodack Town Board does express a favorable opinion as to said renewal.

WHEREAS, it is the privilege and duty of the American people to commemorate the 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 to the United States of American designating September 17-24 as Constitution Week,

NOW, THEREFORE the Town of Schodack does hereby proclaim the week September 17 through September 24 as Constitution Week and urges 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.

Authorize James M. Morgan, Allison J. Signer, Jeffrey Arno, Gary Ziegler and Steven C. Kelly, members of the Fire Investigation Unit to attend New York State Academy of Fire Science Course #01-01-0018 - Fall Seminar November 5 through November 7, 2008 in Montour Falls, New York. Cost of registration is $25 per person.

WHEREAS, it is the tradition of the Town Board to recognize the achievements of those who give so generously to their community, exemplifying the ideals and values cherished by the Town of Schodack, and

WHEREAS, Gerard DiCiccio distinguished himself as a person of outstanding integrity and is being recognized for his selfless dedication to his communities, family, seniors and fellow veterans as a recipient of a Lifetime of Achievement Award by the Capital District Senior Issues Forum on September 17th 2008, and

WHEREAS, Gerard was one of four children born to Anthony and Lena DiCiccio in West New York, New Jersey, was a member of the Boy Scouts of America as a youth and served his country during World War II in the United States Army from 1941 to 1945, being involved in the invasion of North Africa and subsequently being transferred to Italy where he served for the remainder of the War and was Honorably Discharged, and

WHEREAS, Mr. DiCiccio returned to West New York and married Nancy Casamento, enjoying 42 years of marriage while raising two children, Michael and Rita, and simultaneously served for 32 years as a firefighter for the Town, he retired with the rank of Captain, and now enjoys his grandchildren, Dean and Sara, and

WHEREAS, after 18 years as a widower, Gerard met Frances Koryn, with whom he now shares his life and resides in the Village of Castleton-on-Hudson and Town of Schodack, and

WHEREAS, Mr. DiCiccio has always been ready to assist friends, seniors and neighbors with his warm smile and helping hand, entertaining with song and dance at senior centers and nursing homes and being especially active in veterans affairs to transport fellow veterans when needed, and

NOW, THEREFORE, BE IT RESOLVED that the Legislative Body for the Town of Schodack is moved to honor Gerard DiCiccio, who selflessly served those in need in his hometown and, as a resident of our community, continues to distinguish himself in his compassionate efforts to assist seniors and veterans, and

BE IT FURTHER RESOLVED that the Legislative Body of the Town of Schodack will pause in its deliberations of the 11th day of September 2008 to acknowledge and honor Gerard DiCiccio on his receipt of a Lifetime Achievement Award at the Capital District Senior Issues Forum Awards Ceremony, and

BE IT FURTHER RESOLVED a copy of this resolution, suitably engrossed, will be transmitted to Mr. DiCiccio by Supervisor Secor.

Amend Resolution 2008-326 to indicate that the bid opening for preparation of 8,000 square feet of floor and epoxy finish at the Highway Garage is scheduled for Tuesday, October 7, 2008 at 10 a.m. in the Office of the Town Clerk, 265 Schuurman Road.

WHEREAS, by resolution 2006-506 the Town Board accepted the offer of dedication of the roads within a development known as the Highlands Phase II, and

WHEREAS, such acceptance was contingent upon certain actions by the developer Victor Gush, including completion of additional work estimated to cost $61,800, and

WHEREAS, Planning Board Engineer Richard Laberge has advised the Town Board that all work was completed and it appearing that all work on the roads in Phase II has been completed, and deeds thereto have been recorded,

NOW, THEREFORE, BE IT RESOLVED that the Town Board accepts said offer of dedication and accepts and dedicates the highway known as Edinburgh Drive contingent on the following:

IT IS FURTHER RESOLVED that upon receipt of such title policy and check, the Town Supervisor is authorized to execute any documents required to release and transmit the following bonds issued by Carolina Casualty Insurance Company: (a) Bond No. 081405 in the sum of $66,070 dated November 16, 2001; (b) Bond No. 0102068 in the sum of $61,800 dated August 11, 2005 as amended by Rider dated December 28, 2006;( c) Maintenance Bond in the sum of $10,000 and (d) the refund of approximately $7 from the engineer's escrow fund.

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-1305 to 08-1400 and 08-1402 to 08-1448 on Abstract No. 0908, in the amount of $1,199,864.78, including the claims paid since the previous Town Board meeting ($614,465.35).

Authorize budget amendments, budget transfers, interfund loans, and interfund transfers as recommended by the Comptroller.

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

WITHDRAWN: 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 25, 2008 at 7:15 p.m. at the Schodack town hall to hear all interested parties on proposed Local Law Number 2 of 2008 relative to allowing exemptions for Cold War Veterans and for certain improvements to residential real property owned or inhabited by persons with physical disabilities, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's official sign board on September 8, 2008 and advertised in the September 9, 2008 edition of THE RECORD, official newspaper of the Town, and

WHEREAS, said public hearing was held on September 25, 2008 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 or any part thereof, and

WHEREAS, that 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 2 of 2008 (P2 of 2008) to be known as Local Law 2 of 2008 of the Town of Schodack, and

BE IT FURTHER RESOLVED, that the Town Clerk be and is hereby directed to enter said local law in the Code of the Town of Schodack

Authorizing the Supervisor to issue one or more Bond Anticipation Notes in the amount of $3,184,968.00 dated October 10, 2008, maturing October 9, 2008, renewing a prior Bond Anticipation Note as follows -

Amend resolution 2008-347 adopted September 11, 2008 relative to the Fire Investigation Unit, November 5 through 7, 2008, Fall Seminar, total of $125 registration fee for 5 members, mileage for two vehicles $532, tolls for two vehicles $24, total Lodging $630, and total Meals $190 for an approximate total cost of $1,500.

Authorize Supervisor Secor to execute Septic Tank Effluent Pump (STEP) Agreements by and between the Town of Schodack and Real Property Owners within Schodack Landing Sewer District No. 8.

Authorize Supervisor Secor to execute Appendix X to TM71149 to amend the termination date in order to make the fund balance available until July 31, 2009. The total contract is $12,500 and represents the Legislative Member Initiative provided by Assemblyman Timothy Gordon for the purchase of emergency access systems and related activities. All funds were not expended by July 31, 2008.

Authorize Partial Payment Estimate No. 4 for the work completed by Wm. J. Keller & Sons Construction Corp. Contract No. 6, General Construction Sewer District No. 8 in the total amount of $434,077.10 less retainage of five percent (5%) in the amount of $21,703.85 for a total payment not to exceed $412,373.25. This authorization is contingent upon review and approval of documentation for Minority and Women Business (M/WBE), affidavit and certification of contractor as to payment of wages and subcontractors and will also be subject to the approval of the USDA Rural Development, a funding agency, and the Town Comptroller.

Authorize Patroon Abstract Corp. to provide title services to determine owners of record of two parcels necessary for ingress and egress and construction of a proposed elevated water storage reservoir pursuant to a scope provided by John W. Tabner, Esq. Said authorization shall not exceed $1,000.

Authorize Bruce Goodall, Director of Transfer Station, to execute two (2) agreements with Care Environmental Corp. One (1) for collection of Household Hazardous Waste on September 27, 2008 and two (2) for directing payment to Comdata Network, Inc from Care Environmental Corp. date June 13, 2008..

Retain Edwin Vopelak, P.E., of C.T. Male to provide technical assistance relative to negotiation of an Option to Extend Lease Agreement with Crown Atlantic Company, LLC, at hourly rate of $175. This authorization shall not exceed five (5) hours.

Authorize Jennifer Mulligan, CPA, Comptroller, to execute the cancellation request/policy release of the Hartford Casualty Insurance Company effective October 1, 2008. Employees covered under this policy will be transferred to the National Benefit Life Insurance Company with equivalent benefits.

Retain the law firm of Goldberger and Kremer to provide legal assistance relative to Police Department Arbitration. Said representation shall be at an hourly rate of $195. This authorization shall not to exceed $5,000.

The following resolutions were adopted at the Regular Meeting of the Town Board on October 9, 2008 (October 14, and October 28th, below):

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

Amend resolution 2008-344 for the budget amendment to Form E related to Change Order No. 4 for Schodack Landing to read as follows:
Increase C.1.a from $1,695,390.00 to $1,742,990.00 reflecting an increase of $47,600.00 (Construction Contract Change Order No. 4)
Decrease D.1 from $79,164.04 to $31,564.04 reflecting a decrease of $47,600.00 (Contingency).

WHEREAS, the law firm of Hiscock and Barclay has provided legal service to the Town of Schodack for a period of more than four years, and

WHEREAS, Hiscock and Barclay currently represent the Town as special counsel on several matters which are currently at a critical stage, and

WHEREAS, the substitution of new counsel in those matters would create problems in continuity in the event the Town hired new counsel, and

WHEREAS, Hiscock and Barclay has also indicated its intention to represent EPCOR Power Castleton LLC (hereinafter referred to as "EPCOR") in a tax certiorari proceeding against the Town of Schodack for the Castleton Generating Plant it owns and operates located at 1902 River Road (SBL No. 198.12-1-3.2), creating a clear conflict of interest for the firm, and

WHEREAS, Hiscock and Barclay has requested a waiver of said conflict of interest, permitting it to continue to perform legal work for the Town while representing EPCOR in an action against the Town,

NOW, THEREFORE, BE IT RESOLVED that the Supervisor is authorized to execute a Qualified Waiver of said conflict of interest dated October 3, 2008 for a period ending December 31, 2009.

Authorize Town Clerk to publish notice of hearing to seek input on Proposed Local Law Number 2 of the Laws of 2008 to amend Chapter 197 of the Code of the Town of Schodack to provide for an exemption from real property taxes for real property owned by Veterans who rendered military service to the United States during the ACold War@ and to provide for an exemption from real property taxes for certain improvements to residential real property owned or inhabited by persons with physical disabilities. Said hearing is to be held on Thursday, November 13, 2008 at 7:15 p.m. at the Schodack Town Hall, 265 Schuurman Road.

WHEREAS, the Town Board of the Town of Schodack on August 28, 2008 authorized the Town Clerk to publish a legal notice to solicit sealed bids for Highway garage floor preparation and application of epoxy. Plans pursuant to specifications prepared by J. Kenneth Fraser and Associates and said notice having appeared on September 16, 2008, and

WHEREAS, the Town Board of the Town of Schodack received Two (2) bids, which were opened on October 7, 2008 for the Highway garage floor preparation and application of epoxy, and

WHEREAS, the bids were opened in accordance with its notice and were as follows: Tuff Kote Flooring, LLC, bid in the amount of $13,500.00; and Corporate Building Services, Inc., bid in the amount of $38,500.00, 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 pursuant to the recommendation of J. Kenneth Fraser and Associates, the Town Board hereby accepts the lowest responsible base bid of Tuff Kote Flooring, LLC in the amount of $13,500.00, and

FURTHER RESOLVE that Supervisor Secor is authorized to execute the appropriate contract with Tuff Kote Flooring, LLC.

Approve contract with Columbia-Greene Humane Society and authorize Supervisor Secor to execute contract for calendar year 2009, subject to approval as to form by the Attorney to the Town.

WHEREAS, the Town Board authorized resolution 2006-339 pertaining to the contract for engineering services between the Town of Schodack and J. Kenneth Fraser and Associates as originally dated September 15, 2006 for the Schodack Landing Sewer Project - Sewer District No. 8;

WHEREAS, the Town received correspondence dated October 1, 2008 requesting an amendment to said contract to be effective October 1, 2008;

NOW, THERFORE, BE IT RESOLVED to amend the contract dated September 15, 2006 for a total amount of $234,000 broken down as follows:

BE IT FURTHER RESOLVED that the supervisor shall be authorized to execute the amendment to said contract, and

BE IT FURTHER RESOLVED that additional services, which, under the contract, require separate authorization in order to proceed, are authorized, as listed above, for the total amount of $40,400.

Authorize the following Schodack Landing Sewer Project Budget Amendments to Form E for the engineering contract:

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-1401, and 08-1449 through 08-1608 on Abstract No. 10-08, in the amount of $3,058,468.89, including the claims paid since the previous Town Board meeting ($231,504.47).

Authorize budget amendments, budget transfers, interfund loans, and interfund transfers as recommended by the Comptroller.

WHEREAS, since 2003 the Town of Schodack has been the proud host of the Schodack Island State Park (hereinafter SISP) which is owned and operated by the New York State Office of Parks, Recreation and Historic Preservation (hereinafter OPRHP), and

WHEREAS, the SISP is a day facility along the banks of the Hudson River and provides significant recreational opportunities including, but not limited to, small craft launch to the River and Schodack Creek, picnic facilities, hiking trails, and bird watching for residents of Schodack, Southern Rensselaer County and the entire Capital Region, and

WHEREAS, the Town of Schodack has learned that OPRHP intends to curtail operations at this vital facility effective October 14, 2008 through the winter in response to Governor David Paterson's directive to make budget cuts, and

WHEREAS, while the Town Board applauds the State's intent to be fiscally conservative, the cost savings to close this well-used facility are illusory at best,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack hereby petitions OPRHP to reconsider its decision to close SISP on October 14, 2008, and

BE IT FURTHER RESOLVED that the Supervisor is directed to transmit this resolution to Robert Kuehn, Assistant Regional Director, Saratoga-Capital Region, NYS OPRHP, 19 Roosevelt Drive, Saratoga Springs, New York, Assemblyman Tim Gordon and Senate Majority Leader Dean Skelos.

Resolution Adopted - Budget Meeting October 14, 2008: The following action was taken during this Budget meeting:

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

WHEREAS, the Town Board of the Town of Schodack received Two (2) bids, which were opened on October 7, 2008 for the Highway garage floor preparation and application of epoxy, and

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

FURTHER RESOLVE that Supervisor Secor is authorized to execute the appropriate contract with Tuff Kote Flooring, LLC.

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

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 caused due notice of the public hearing to consider proposed water rates to be published according to law, and

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road, Castleton-on-Hudson, New York on the 23rd day of October 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter billing period (January 1, 2009 to March 31, 2009) water rates for Water District No. 1 (Clearview) for 164 users shall be $ 55.00 for the first 18,000 gallons and $4.50 for each additional 1,000 gallons or portion thereof.

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 proposed water rates to be published according to law, and

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter billing period (January 1, 2009 to March 31, 2009) water rates for Water District No. 2A (Inglewood) for 32 users shall be $100.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.

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 proposed water rates to be published according to law, and

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter billing period (January 1, 2009 to March 31, 2009) water rates for Water District No. 2B (Oakwood) for 55 users shall be $135.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.

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 proposed water rates to be published according to law, and

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter billing period (January 1, 2009 to March 31, 2009) water rates for Water District No. 3 (Maplecrest) for 44 users shall be $215.00 for the first 18,000 gallons and $6.00 for each additional 1,000 gallons or portion thereof.

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 proposed water rates to be published according to law, and

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter billing period (January 1, 2009 to March 31, 2009) water rates for Water District No. 4 (Golfview) for 22 users shall be $195.00 for the first 18,000 gallons and $6.00 for each additional 1,000 gallons or portion thereof.

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 proposed water rates to be published according to law, and

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter billing period (January 1, 2009 to March 31, 2009) water rates for Water District No. 5 (Exit 10) for 58 users shall be $90.00 for the first 18,000 gallons and $4.50 for each additional 1,000 gallons or portion thereof.

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 8 (Schodack Center), and

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

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter billing period (January 1, 2009 to March 31, 2009) water rates for Water District No. 8 (Schodack Center) for 92 users shall be $135.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Highway Area Water System, and

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

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter billing period (January 1, 2009 to March 31, 2009) water rates for Highway Area Water System for 8 users shall be $ 55.00 for the first 18,000 gallons and $2.75 for each additional 1,000 gallons or portion thereof.

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack to schedule a public hearing to be held on October 23, 2008 to consider proposed sewer rents for Sewer District No. 1 (Castleton) and

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road, Castleton-on-Hudson, New York, on the 23rd day of October 2008, said hearing being duly convened at the time and place specified in said notice, and

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2009 to June 30, 2009) the sewer rents for Sewer District No. 1 (Castleton) for 98 users shall be $165.00 semi-annual rate per unit.

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2009 to June 30, 2009)) the sewer rents for Sewer District No. 2 (Castleridge) for 47 users shall be $240.00 semi-annual rate per unit.

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2009 to June 30, 2009) the sewer rents for Sewer District No. 4 (Brickyard) for 2 users shall be $340.00 semi-annual rate per unit.

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2009 to June 30, 2009) the sewer rents for Sewer District No. 5 (East Schodack) for 28 users shall be $320.00 semi-annual rate per unit.

NOW, THEREFORE, BE IT RESOLVED that commencing with the fourth quarter billing period (October 1, 2008 to December 31, 2008) the sewer rents for Sewer District No. 6 (Exit 10) for 33 users shall be $7.75 per thousand based on water meter.

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2009 to June 30, 2009) the sewer rents for Sewer District No. 7 (Hamilton Printing) for 12 users shall be $165.00 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 to the water system in Water District No. 1 (Clearview), and filed the same with the Town Clerk of the Town of Schodack, and

WHEREAS, the Town Board due notice and publication of the completion of the assessment roll and of a hearing to be held by the Town Board to meet and consider any comments regarding said assessment roll to be held on October 23, 2008 at 7 p.m. at the Schodack Town Hall located at 265 Schuurman Road, Castleton-on-Hudson, New York and

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road, Castleton-on-Hudson, New York on the 23rd of October, 2008, the time and place as specified in said notice to receive and consider any comments regarding the assessment roll,

NOW, THEREFORE, BE IT RESOLVED that the said assessment roll be and the same is hereby affirmed for 279.53 units and adopted [as amended] on October 23rd, 2008 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 to water system in Water District No. 2A (Inglewood), and filed the same with the Town Clerk of the Town of Schodack, and

WHEREAS, the Town Board caused due notice and publication of the completion of the assessment roll and of a hearing to be held by the Town Board to meet and consider any comments regarding said assessment roll to be held on October 23, 2008 at 7 p.m. at the Schodack Town Hall located at 265 Schuurman Road, Castleton-on-Hudson, New York and

NOW, THEREFORE, BE IT RESOLVED that the said assessment roll be and the same is hereby affirmed for 32 units and adopted [as amended] on October 23rd, 2008 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 to water system in Water District No. 2B (Oakwood), and filed the same with the Town Clerk of the Town of Schodack, and

NOW, THEREFORE, BE IT RESOLVED that the said assessment roll be and the same is hereby affirmed for 58 units and adopted [as amended] on October 23rd, 2008 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 to water system in Water District No. 3 (Maplecrest) and filed the same with the Town Clerk of the Town of Schodack, and

NOW, THEREFORE, BE IT RESOLVED that the said assessment roll be and the same is hereby affirmed for 44 units and adopted [as amended] on October 23rd, 2008 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 to water system in Water District No. 4 (Golfview), and filed the same with the Town Clerk of the Town of Schodack, and

NOW, THEREFORE, BE IT RESOLVED, that the said assessment roll be and the same is hereby affirmed for 22 units and adopted [as amended] on October 23rd, 2008 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 to water system in Water District No. 5 (Exit 10), and filed the same with the Town Clerk of the Town of Schodack, and

NOW, THEREFORE, BE IT RESOLVED that the said assessment roll be and the same is hereby affirmed for 1,421 units and adopted [as amended] on October 23rd, 2008 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 to water system in Water District No. 8 (Schodack Center), and filed the same with the Town Clerk of the Town of Schodack, and

NOW, THEREFORE, BE IT RESOLVED, that the said assessment roll be and the same is hereby affirmed for 313 units and adopted [as amended] on October 23rd, 2008 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, Extension 1, (East Schodack) Capital Costs of the collection system and that portion of non-reimbursed Capital Costs of the East Schodack Sewage collection system and filed the same with the Town Clerk of the Town of Schodack, and

WHEREAS, the Town Board caused due notice and publication of the completion of the assessment roll and of a hearing to be held by the Town Board to receive and consider any comments regarding said assessment roll to be held on October 23, 2008 at 7:30 p.m. at the Schodack Town Hall located at 265 Schuurman Road, Castleton-on-Hudson, New York, and

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road, Castleton-on-Hudson, on the 23rd of October, 2008, the time and place specified in said hearing to receive and consider any comments regarding the assessment roll for Extension 1,

NOW, THEREFORE, BE IT RESOLVED that the said assessment roll be and the same is hereby affirmed for Extension 1 as 32 units 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, Extensions 1 and 2 (East Schodack) Capital Costs of the collection system and that portion of non-reimbursed Capital Costs of the East Schodack Sewage collection system and filed the same with the Town Clerk of the Town of Schodack, and

NOW, THEREFORE, BE IT RESOLVED that the said assessment roll be and the same is hereby affirmed for Extension 2 as 34 units 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. 8 (Schodack Landing) Capital Costs of the collection system and that portion of non-reimbursed Capital Costs of the Schodack Landing Sewage collection system and filed the same with the Town Clerk of the Town of Schodack, and

NOW, THEREFORE, BE IT RESOLVED that the said assessment roll be and the same is hereby affirmed for 77.75 units and adopted as originally proposed and filed in the office of the Town Clerk of the Town of Schodack.

Authorize Supervisor Secor to execute 2008-2009 Snow and Ice Agreement with Rensselaer County Department of Engineering and Highways for reimbursement for Snow and Ice removal on Stony Point Road.

Authorize establishment of debt reserve in the Highway Town Outside Village Fund (DB) in the amount of $3,521.57 to be funded with an interfund transfer from Highway Equipment Capital Project (H028). Cash balance is related to interest earned on proceeds of debt.

Authorize closure of Town-Wide Reassessment capital project (H029) with cash balance of $4,171.63 to be transferred to General-Fund Town Wide (A) and to establish a debt service reserve and to close the transfer to said debt service reserve. Cash balance is related to interest earned on proceeds of debt.

Authorize Town Clerk to publish legal notice of hearing to seek public input relative to the 2009 Preliminary Budget and proposed fees for 2009 to be held on Thursday November 6, 2008 at 7 p.m. at the Schodack Town Hall, 265 Schuurman Road, Castleton-on-Hudson.

Withdrawn: Pursuant to Local Law No. 7 of 2006, the Town Board of the Town of Schodack hereby establishes a singular issue Committee. Said Committee is to be known as the Design Advisory Committee. The purpose of the Committee is to identify, review, and recommend options relating to commercial design standards in the Town of Schodack. Said recommendations are to include the manner in which to achieve or enact said goals and objectives.

The following individuals are hereby appointed as members of the Committee: Tony Kirby, Chairperson, Beth Knauf Secor, Supervisor, Richard Sinclair, SPDA, Paul Puccio (Planning Board), David Calarco (Zoning Board of Appeals), Ann St. Peter (Commercial Realtor), and Edward Miller (agriculture).

WHEREAS, the Town received correspondence dated October 1, 2008 requesting an amendment to said contract to be effective October 1, 2008;

NOW, THERFORE, BE IT RESOLVED to amend the contract dated September 15, 2006, Exhibit C.2.01.A.d and C.2.04.A.1 and Exhibit J, for a total amount of $234,000 broken down as follows:

	Original Contract	Amended Contract	Increase/(Decrease)
Basic Services
a. Feasibility Study Phase	Complete	$0	$0
b. Preliminary Design Phase	$25,000	$25,000	$0
c. Final Design Phase	$59,000	$66,600	$7,600
d. Bidding or Negotiating Phase	$8,000	$10,000	$2,000
e. Construction Phase	$17,000	$50,000	$33,000
f. Post Construction	$3,000	$4,000	$1,000
Sub-Total	$112,000	$155,600	$43,600
Additional Services
a. Sub-Surface Investigations	$12,000	$4,210	($7,790)
b. Wetlands Investigations	Complete	$0	$0
c. Archaeological/Historical Investigations	Directed by Town	$0	$0
d. Regulatory Activities	$10,000	$22,465	$12,465
e. Easement Documentation Preparation	$5,000	$11,225	$6,225
f. Phase 1 Environmental Assessment - Plant Site (Original approval - res#08- 083)	$3,000	$2,500	($500)
Sub-Total	$30,000	$40,400	$10,400
Resident Project Representative Services	$65,000	$38,000	($27,000)
Total	$207,000	$234,000	$27,000

BE IT FURTHER RESOLVED that the supervisor shall be authorized to execute the amendment to said contract, and

BE IT FURTHER RESOLVED that additional services, which, under the contract, require separate authorization are ratified and affirmed; this does not reflect an increase to the engineering services budget as authorized in April 2008.

Authorize Supervisor Secor to execute an amendment dated October 22, 2008 to the Legal Services Agreement between the Town and Hiscock and Barclay for Schodack Landing Sewer District No. 8 Capital Project in an amount not to exceed $90,000 as required by the USDA Rural Development.

Authorize the following Schodack Landing Sewer Project Budget Amendments to Form E for the engineering contract, legal services agreement, and the electrical service at Rail Lane:

Authorize Supervisor Secor to execute a contract for Water Tower Property Legal services relative to Water System Improvements DWSRF #17357 with Tabner, Ryan and Keniry, LLP at an amount not to exceed $15,000.

Authorize Melissa Knights, Secretary to Director of Planning/Zoning to attend Careertrack One-day Workshop on December 4, 2008 at Best Western Airport Inn in Albany at a cost of $149 and appropriate expenses to be borne by the Town.

Authorize Supervisor Secor to execute New York State Form TP-584.2 (10/96) to be filed at the Rensselaer County Clerk's Office with the Septic Tank Effluent Pump (STEP) Agreements previously authorized.

Technical Services	Original Contract	Requested Modification Increase (Decrease)	Modified Budget
A. Administrative
1. Legal	$65,000	$25,000	$90,000
C. Construction
2. Direct Expenditures
a. Electrical Service	$27,000	($23,564.24)	$3,435.76
D. Contingency	$31,564.04	($1,436.22)	$30,127.82
Total	$96,564.04	($0.46)	$96,563.58
B. Technical Services
1. Engineering
a. Preliminary Studies (separate contract)	$10,450	$0	$10,450
b. Basic Services	$117,000	$38,600	$155,600
c. Additional Services - Easements	$10,000	$1,225	$11,225
d. Construction Observation	$65,000	($27,000)	$38,000
e. Subcontracted Expenses	$22,000	($17,790)	$4,210
f. Additional Services - Regulatory	$20,000	$2,465	$22,465
Total	$244,450	$0	$244,450

The following resolutions were adopted at the Regular Meeting of the Town Board on November 6, 2008
Resolutions of November 13, below.

WHEREAS, the Town Board of the Town of Schodack has heretofore authorized the acquisition of property described in Schedule A, owned by Oreste F. Orciuoli Family Trust and Nina Walsh, Trustee and O. Frank Orciuoli, AKA Oreste F. Orciuoli surviving life tenant, and an offer was presented to the said property owners for such acquisition, which offer was not accepted, and

WHEREAS, the Town Board has heretofore authorized the property to be acquired pursuant to under the Eminent Domain Procedure Law and an action for such acquisition is now pending, and

WHEREAS, Trustees of the Oreste F. Orciuoli Family Trust and O. Frank Orciuoli have agreed to convey such property pursuant to a contract with the Town of Schodack upon the payment of the sum of $6,000.00 to the aforesaid Oreste F. Orciuoli Family Trust and O. Frank Orciuoli and payment to Joseph Liccardi, Esq their legal representative, of the sum of $500.00 for legal services and disbursements pursuant to sections 701 and 702 of the Eminent Domain Procedure Law

NOW, THEREFORE, BE IT RESOLVED that the Supervisor is authorized and empowered to execute any and all necessary and proper papers, documents, instruments and agreements in connection with the foregoing amendment and implementation thereof, and to take all such other and further actions and do all things necessary, proper and appropriate in furtherance of the foregoing, and

IT IS FURTHER RESOLVED that the Comptroller of the Town of Schodack is authorized to direct the Supervisor of the Town of Schodack to pay the aforesaid sums upon receiving the proper documentation for the transfer of the fee interest of said property described as annexed hereto and in satisfaction of all claims for transfer of the said premises, and

IT IS FURTHER RESOLVED upon receipt of the documentation conveying the aforesaid property to, the Town of Schodack, Special Counsel to the Town Attorney, Tabner, Ryan and Keniry, LLP, is authorized to discontinue the proceeding heretofore commenced under the Eminent Domain Procedure Law on behalf of the Town to acquire the premises described on Schedule A annexed hereto.

Accept an easement offered to the Town of Schodack by William and Helen Sigsby pursuant to negotiations and settlement required by New York State Department of Environmental Conservation, as more particularly described in Schedule A.

Authorize Kenneth Holmes, Highway Superintendent to commence construction of the designed drainage system within the above-referenced easement on real property located at 24 Waters Road, Town of Schodack. It has been stipulated and agreed that the developer, Adirondack LLC, will provide all materials and supplies for said drainage system.

Authorize Supervisor Secor to execute Change Order No. 1 to Highway Garage floor preparation and application of epoxy agreement between the Town and TuffKote Flooring, LLC. The change order will authorize Tuff Kote Flooring, LLC to treat approximately 200 linear feet of the more prominent floor cracking with an advanced technology rather than the specified scope as per their recommendations. The additional amount of the contract shall not exceed $2,000.00.

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

WHEREAS, the Town Board met on Thursday, November 6, 2008 at the Schodack Town Hall, as specified in the Notice of Public Hearing for the 2009 Preliminary Budget, with said notice appearing in the October 27, 2008, edition of The Record, and was posted on October 28, 2008, and

WHEREAS, said public hearing was held on November 6, 2008 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 Preliminary Budget or any part thereof,

WHEREAS, the Budget Officer is hereby directed to make the following additional changes to the Preliminary Budget: A8189.4 - increase expense by $3,000; A2651 decrease revenue $13,000; and Appropriate Fund Balance $16,000; net budgetary impact of zero,

NOW, THEREFORE, BE IT RESOLVED that the 2009 Preliminary Budget as amended and as hereinafter set forth is hereby adopted.

Withdrawn: Authorize Supervisor Secor to execute CIREB agreement with ________________ to list for sale or lease real property owned by the town at 1777 Columbia Turnpike for term of one year, broker's commission according to schedule dated ___________________ with listing price of ___________________________ ($______________). Contract is subject to approval as to form by Attorney to the Town. The Board requests monthly reports from the broker.

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 November 13, 2008 at 7:15 p.m. at the Schodack town hall to hear all interested parties on proposed Local Law Number 2 of 2008 relative to allowing exemptions for Cold War Veterans and for certain improvements to residential real property owned or inhabited by persons with physical disabilities, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's official sign board on October 14, 2008 and advertised in the October 27, 2008 edition of THE RECORD, official newspaper of the Town, and

WHEREAS, said public hearing was held on November 13, 2008 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 or any part thereof, and

WHEREAS, that 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 2 of 2008 (P2 of 2008) to be known as Local Law 2 of 2008 of the Town of Schodack, and

BE IT FURTHER RESOLVED, that the Town Clerk be and is hereby directed to enter said local law in the Code of the Town of Schodack.

WHEREAS, it is the desire of the Schodack Town Board to honor those who have achieved excellence, given generously to their community and peers, and exemplified the ideals and values cherished by this great town, and

WHEREAS, on October 8, 2008, Sheila Golden, Coach of the Maple Hill Varsity Girls' Soccer Team, earned her turn in the spotlight with a 6-0 romp over Taconic Hills and posted a career milestone 300th victory, and

WHEREAS, Coach Golden has been the Varsity Girls' Soccer coach since 1991, working with Coach Dan Gillespie in the successful Maple Hill soccer program, and posting a winning record each season, and

WHEREAS, Mrs. Golden is a fourth grade teacher at Maple Hill Middle School, Director of Youth and Recreation for the Town of Schodack and melds her coaching responsibilities for Soccer and Cheerleading effortlessly into her professional commitments, always with a smile and her boundless energy, and

WHEREAS, under Coach Golden's guidance, the Lady Wildcats compiled an overall season record of 18 wins, 4 losses and 1 tie on their way to capturing their fourth overall Section II Class C-CC crown, and

WHEREAS, the Varsity team is comprised of more freshmen than seniors and has been referred to as the "Baby Brigade," Coach Golden guiding the squad to excel and succeed, and

WHEREAS, an assistant coach, Marissa Miller, was a former player/ former player-coach from Maple Hill and the team is comprised of the following players: Meeghan Arno, Alyssa Ancin, Kristen DerGurahian, Cheryl Bruen, Erin Mosher, Sierra Legge, Alyssa Filkins, Chelsey Turley, Aubrey Racz, Samantha Lundstrom, Jessica Dailey, Ashley Cross, Kelsey Clynes, Chelsea Mannion and Michaela Palmer, and

WHEREAS, Coach Golden expressed confidence in her young team throughout the season stating, "This is my little team that could... We have come so far from the beginning of the year... This team molded together so well," and

WHEREAS, the team's season ended on November 8th with a loss to Seton Catholic in the New York State Class C Regional match,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack commends and congratulates Sheila Golden, Coach of the Maple Hill Girls' Varsity Soccer Team upon her outstanding season, especially her career milestone 300th victory and the 2008 Section II Class C-CC Division Championship, and

BE IT FURTHER RESOLVED that this legislative body wishes Coach Golden and her Varsity team members continued success in their athletic and academic pursuits and directs that the Town Supervisor forward a certified copy of this resolution suitably engrossed to Coach Golden and each team member.

WHEREAS, on October 9, 2008, Daniel Gillespie, Coach of the Maple Hill Varsity Soccer Team, earned his turn in the spotlight with a 2-0 victory over Taconic Hills to post a career milestone 500th victory, and

WHEREAS, Coach Gillespie has been the Varsity Soccer coach at Maple Hill High School for 34 years, nurturing the soccer program into the most winning squad in Section II, with the current roster being ranked 1st in Section II and 8th in the State in Class C, and

WHEREAS, Dan Gillespie recently retired as a Business Teacher at Maple Hill High School, but continuing in his demanding role as the Coach of the Varsity Boys' Soccer team and Varsity Boys' Track and Field team, bringing his highly competitive spirit and keen instructional ability to his leadership role, and

WHEREAS, under Coach Gillespie, the Wildcats compiled a 34-year record of 506 wins, 20 League Championships, 16 Sectional wins, 8 Regional wins and 3 State Championships, and

WHEREAS, Coach Gillespie has expressed confidence in his teams spanning more than three decades, always encouraging them to be the very best and to never take second place, and

WHEREAS, the team's season ended on November 8th with a loss to Northern Adirondack in the New York State Regional Class C game, concluding their record-setting championship season at 19-4 overall,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack commends and congratulates Daniel Gillespie, Coach of the Maple Hill Boys' Varsity Soccer Team upon his record-setting season, especially his career milestone 500th victory and the team's nine consecutive 2008 Section II Class C division championship, and

BE IT FURTHER RESOLVED that this legislative body wishes Coach Gillespie continued success in his athletic pursuits and directs that the Town Supervisor forward a certified copy of this resolution, suitably engrossed, to Coach Gillespie.

Authorize Supervisor to prepare and execute a Shared Municipal Services Agreement by and between the Town and the Rensselaer County Department of Engineering and Highways for said agency to provide engineering and construction support needed to correct the deficiencies at the landfill closure site as identified by the annual inspection at said site, exclusive of expenses related thereto.

Accept amendment dated November 13, 2008 to a certain Map, Plan and Report entitled "Town of Schodack, Rensselaer County, New York, Proposed Water System Improvements - Existing Water District No 2A and Proposed Water District No. 8," as submitted by J. Kenneth Fraser and Associates dated April 2005 and as last amended on July 22, 2008.

Pursuant to Town Law Section 202-b, authorize Town Clerk to publish notice of hearing on December 9, 2008 concerning the increase and construction of water facilities at the town well field and related site improvements to serve parcels within existing water districts, including but not limited to Water Districts 2A, 2B, 4, 5, 8 and 9, future water districts, and other future users and to create a Town water supply to provide excess water capacity as described in the Map, Plan and Report prepared by J. Kenneth Fraser and Associates entitled, "Town of Schodack, Rensselaer County Proposed Water System Improvements, Existing Water District 2A and Proposed Water District 8," dated April 2005, as amended on July 22, 2008 and further amended on November 13, 2008. Said hearing is to be held at 7:00 p.m. at the Schodack Town Hall, 265 Schuurman Road, Schodack, New York. [See full text posted on Bulletin Board]

Pursuant to Town Law Section 202-b, authorize Town Clerk to publish notice of hearing on December 9, 2008 concerning the increase and construction of major water facilities to serve existing Water Districts No. 2A, 2B, 4, 5, 8, 9, future water districts and other future water users as described in the Map, Plan and Report prepared by J. Kenneth Fraser and Associates entitled, "Town of Schodack, Rensselaer County Proposed Water System Improvements, Existing Water District 2A and Proposed Water District 8," dated April 2005, as amended on July 22, 2008 and further amended on November 13, 2008. Said hearing is to be held at 7:15 p.m. at the Schodack Town Hall, 265 Schuurman Road, Schodack, New York. [See full text posted on Bulletin Board]

WHEREAS, the Town Board has developed the Water Transmission Main - Contract No. 3C project engineered by J. Kenneth 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 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 (SEQRA), and

WHEREAS, the Town Board has reviewed the potential environmental impacts of the project by carefully considering them and throughly evaluating their potential significance including but not limited to traffic, wetlands, stormwater, 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 August 22, 2005 and the Town Board as Lead Agency for SEQRA 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 SEQRA.

Withdrawn: Amend resolution 2008-211 adopted on May 8, 2008 appointing Robert Beebe, Esq. as special counsel for matter related to the reassessment project at an hourly rate of $200 to increase the authorized amount not to exceed $14,000. The Supervisor is once again directed to request financial participation from the Schodack Central School District, County of Rensselaer and Village of Castleton-on-Hudson pursuant to Resolution 2008-274.

Authorize payment to Maranda Technical Engineer, M. T. Breslin, for review and recommendations as to the relative value of the EPCOR co-generation plant located at 1902 River Road [Tax Map No. 198.12-1-3.2] in an Article 7 Proceeding entitled EPCOR Power (Castleton), LLC -v- Town of Schodack in an amount not to exceed $600.

Authorize Supervisor Secor to execute Easements by and between the Town of Schodack and several owners of real property to be impacted by the construction of the alternate water transmission main, as well as New York State Form TP-584-1 (03/07), to be filed at the Rensselaer County Clerk's Office.

Authorize Partial Payment Estimate No. 5 for the work completed by Wm. J. Keller & Sons Construction Corp. Contract No. 6, General Construction Sewer District No. 8 in the total amount of $417,206.00 less retainage of five percent (5%) in the amount of $20,860.30 for a total payment not to exceed $396,345.70. This authorization is contingent upon review and approval of documentation for Minority and Women Business (M/WBE), affidavit and certification of contractor as to payment of wages and subcontractors and will also be subject to the approval of the USDA Rural Development, a funding agency, and the Town Comptroller.

Authorize Supervisor Secor to execute an agreement with Catseye Pest Control, Inc. to install and maintain appropriate pest control measures for the Town Hall. Initial start-up service is $130 with monthly maintenance of $65 effective November 1, 2008 to April 30, 2009.

Withdrawn: Pursuant to Local Law No. 7 of 2006, the Town Board of the Town of Schodack hereby establishes a singular issue Committee. Said Committee is to be known as the Design Standard Advisory Committee. The purpose of the Committee is to identify, review, and recommend options relating to commercial design standards in the Town of Schodack. Said recommendations are to include the manner in which to achieve or enact said goals and objectives.

Authorize Benjamin Marra, P.E., of Marra Engineering PLLC to inspect and report relative to a residential structure at 19 Overlook Drive South which, in the opinion of Building Inspector Ziegler, should be assessed as a possible unsafe structure and to determine if it should be demolished. This authorization shall not exceed $250. The terms and conditions are set forth in the correspondence dated November 11, 2008.

WHEREAS, 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, and

WHEREAS, the Town of Schodack has on the 7th of November received notice that Mercato's II located at 1649 Columbia Turnpike applied for a renewal of an on-premises liquor license, and

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Schodack, that with respect to the application submitted by Mercato's II, doing business at 1649 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 as to said application.

Pursuant to correspondence dated September 30, 2008 from Al Hewitt, Regional Mining Manager, Region 4, New York State Department of Environmental Conservation, the Town of Schodack and Pauline Peters were released from any and all reclamation liability at the Pauline Peters Mine (MLF No. 40114). The agency also stated that all reclamation bond(s) were also released. Therefore, Supervisor Secor is authorized to execute a Release for the Letter of Credit in the amount of $6,500.

Authorize Supervisor Secor to execute the Certificate of Substantial Completion for Sewer District No. 8 (Schodack Landing) effective October 31, 2008.

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-1609 to 08-1790 on Abstract No. 11-08, in the amount of $783,268.89, including the claims paid since the previous Town Board meeting ($66,230.76).

Authorize budget amendments, budget transfers, interfund loans, and interfund transfers as recommended by the Comptroller.

The Town Board of the Town of Schodack has heretofore authorized the acquisition of a non-exclusive utility easement through property described in Schedule A, owned by Fox Hollow, LLC a limited liability Company, and an offer was presented to said property owner for such acquisition, which offer was not accepted, and

WHEREAS, the Town Board has heretofore authorized said easement to be acquired pursuant to under the Eminent Domain Procedure Law and an action for such acquisition is now pending, and

WHEREAS, Dr. Richard F. Drumm, Managing Member of Fox Hollow, LLC has agreed to convey such easement pursuant to a contract with the Town of Schodack upon the consideration of $1.00 and Dr. Richard F. Drumm, has reserved any and all claims for compensation for a period not to exceed the applicable statute of limitations,

IT IS FURTHER RESOLVED upon receipt of the documentation conveying the aforesaid easement to, the Town of Schodack, Special Counsel to the Town Attorney, Tabner, Ryan and Keniry, LLP, is authorized to continue the proceeding heretofore commenced under the Eminent Domain Procedure Law on behalf of the Town to acquire the premises described on Schedule A as annexed hereto relative to a fair market value for the abovementioned conveyance.

The Town Board adopted the following resolutions following two lengthy public hearings:

WHEREAS, the Town Board of the Town of Schodack, (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, has heretofore reviewed the map, plan and report, dated April 2005, as amended July 22, 2008 and November 13, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), a competent engineer duly licensed by the State of New York, in such detail as theretofore determined by the Town Board and filed in the Office of the Town Clerk of the Town for public inspection, providing for the increase and construction of Major Water Facilities and related site improvements at the Town Well Field to serve parcels within existing water districts, including but not limited to water districts 2A, 2B, 4, 5, 8, 9, future water districts and other future users; and

WHEREAS, pursuant to said map, plan, and report dated April 2005, as amended July 22, 2008 and November 13, 2008, prepared by the Town Engineers, the construction of proposed water system improvements will consist of the development and construction of a New Town Well Supply consisting of two production wells, a permanent pump station and water treatment facility at the Town's Well Field located on NYS Route 150 and related site improvements to supply potable water from the Town of Schodack's Well Field to parcels within existing Schodack water districts, and other future users; and

WHEREAS, the cost of construction of said New Town Well Supply improvements is estimated to be in an amount not to exceed $2,385,000. The proposed method of financing to be employed is the issuance of serial bonds and/or Bond Anticipation Notes issued in anticipation thereof. Such bonds and notes are anticipated to be issued in accordance with the State Drinking Water Revolving Fund program; and

WHEREAS, on November 20, 2008, the Town published notice of public hearing pursuant to Town Law §202-b to receive comments on the development and construction of the aforesaid New Town Well Supply; and

WHEREAS, on December 9, 2008, the Town Board duly held said public hearing and considered development and construction of the New Town Well Supply.

BOND RESOLUTION DATED DECEMBER 9, 2008 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 INCLUDING, WITHOUT LIMITATION, WATER DISTRICTS 2A, 2B, 4, 5, 8 AND 9, 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 DECEMBER 9, 2008, AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF SCHODACK, RENSSELAER COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,735,000 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. (Excerpt Only - See Complete Text)

WHEREAS, the Town Board of the Town of Schodack, (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, has heretofore reviewed the map, plan and report, dated April 2005, as amended November 13, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack, (the "Town Engineers"), a competent engineer duly licensed by the State of New York, in such detail as theretofore determined by the Town Board and filed in the Office of the Town Clerk of the Town for public inspection, providing for the increase and construction of Major Water Facilities and related site improvements to serve existing water districts 2A, 2B, 4, 5, 8, 9, future water districts and other future users; and

WHEREAS, pursuant to said map, plan, and report dated April 2005, as amended November 13, 2008, prepared by the Town Engineers, the construction of proposed water system improvements will consist of construction and installation of approximately 10,900 feet of new water mains to interconnect existing Water Districts No. 2A, 2B, 4, 5, 8, 9, future water districts and other future users, along with valves, fire hydrants, and construction and installation of approximately 9,000 feet of a transmission main connecting the Town of Schodack's well field to the water storage reservoir and installation of an approximate 490,000 gallon water storage reservoir to serve said water districts having a total cost not to exceed $3,585,000 (collectively, the "Major Water Facilities"). The expenses of construction of the Major Water Facilities will be financed by the issuance of not to exceed $3,585,000 serial bonds.

WHEREAS, the cost of construction of said Major Water Facilities improvements is estimated to be in an amount not to exceed $3,585,000. The proposed method of financing to be employed is the issuance of serial bonds and/or Bond Anticipation Notes issued in anticipation thereof. Such bonds and notes are anticipated to be issued in accordance with the State Drinking Water Revolving Fund program; and

WHEREAS, on November 20, 2008, the Town published notice of public hearing pursuant to Town Law § 202-b to receive comments on the development and construction of the aforesaid New Town Well Supply; and

WHEREAS, on December 9, 2008, the Town Board duly held said public hearing and considered development and construction of the Major Water Facilities.

BOND RESOLUTION DATED DECEMBER 9, 2008 AUTHORIZING WATER SYSTEM IMPROVEMENTS AND RELATED ROADWAY RESTORATION RELATING TO WATER DISTRICTS 2A, 2B, 4, 5, 8 AND 9, A PORTION OF WHICH IMPROVEMENTS CONSTITUTE MAJOR FACILITIES IN ACCORDANCE WITH SECTION 202-B OF THE NEW YORK STATE TOWN LAW AS PRESENTED AT A PUBLIC HEARING HELD ON DECEMBER 9, 2008, AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF SCHODACK, RENSSELAER COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,870,000 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 (Excerpt Only - See Complete Text)

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

Position	Salary	Rate
Town Board Members (4) each	$10,000.00
Town Justices (2) each	$27,770.86
Court Officer		$ 18.83/hour
Senior Court Clerk		$ 19.13/hour
Assistant to Senior Court Clerk		$ 13.24/hour
Assistant to Senior Court Clerk		$ 13.05/hour
Supervisor	$58,366.80
Secretary to the Supervisor	$36,693.75
Comptroller	$75,000.00 ¹
Assistant Comptroller		$ 27.58/hour
Staff Accountant	$47,380.00
Payroll/Personnel Clerk	$26,265.00
Receiver of Taxes	$32,960.00
Deputy Tax Receiver		$ 14.63/hour
Tax Clerk		$ 11.75/hour
Tax Clerk		$ 11.25/hour
Budget Officer	$ 6,567.29
Assessor	$49,725.47
Assistant to the Assessor	$31,048.63
Data Collector (as needed)		$ 12.00/hour
Board of Assessment Review (BAR) B Chair	$ 450.00 ²
BAR Members (4) - each	$ 375.00²
BAR Secretary	$ 200.00²
Town Clerk	$52,903.09
Deputy Town Clerk	$40,485.46
Deputy Town Clerk	$31,048.63
Deputy Town Attorney/Special Pros	$11,330.00
Records Management		$ 22.24/hour
Buildings/Janitorial		$ 17.25/hour
Police Chief	$69,810.00
Police Officers (part-time)		$ 17.50/hour
Police Dispatcher (part-time)		$ 10.30/hour
Animal Control Officer	$13,249.35
Highway Superintendent	$57,003.83
Secretary to Highway Superintendent		$ 15.44/hour
Secretary to Park		$ 15.44/hour
Park Attendant (part-time)		$ 12.00/hour
Director of Youth and Recreation	$ 9,680.00
Historian	$ 2,000.00
Director of Transfer Station Operations	$46,134.44
Water/Sewer/Park Manager (A, B, SW & SS funds)	$49,172.00 ³
Building Inspector	$51,810.44
Building Inspector	$49,715.20
Secretary Building Department	$33,372.00
Registrar of Vital Statistics (2) - each	$ 1,133.00
Director of Zoning & Planning/Zoning Enforcement Officer	$43,775.00 ⁴
Secretary to Director of Planning/Zoning	$27,295.00
Zoning Board Attorney	$ 9,293.10
Zoning Board Chairperson	$ 1,545.00 ⁵
Zoning Board Members	$ 1,030.00 ⁶
Planning Board Attorney	$23,618.93
Planning Board Chairperson	$ 4,120.00 ⁷
Planning Board Members	$ 2,575.00 ⁸
Pee Wee Wrestling Instructors (2) each	$ 500.00
Summer Grounds		$ 12.36/hour
Wingman		$ 11.79/hour
^1. Estimated allocation: Comptroller $68,958.50; Capital Project Fiscal analyst $6,041.50 ^2. Board of Assessment Review Chairperson $90 per meeting; Members $75 per meeting; and Secretary $25 per meeting ^3. Estimated allocation: Water/Sewer $33,672.79; Park $9,341.06; Building $6,158.15 ^4. Director of Planning $17,072.25; Director of Zoning $11,381.50; Zoning Enforcement Officer; $15,321.25 [Building Department] ^5. Zoning Board Chairperson $128.75 per meeting ^6. Zoning Board Members $85.83 per meeting ^7. Planning Board Chairperson $196.16 per meeting ^8. Planning Board Members $122.62

Authorize Supervisor Secor to execute agreement on behalf of the Town of Schodack with the Rensselaer County STOP DWI program for the calendar year 2009.

Ratify and affirm that Supervisor Secor was authorized to execute proposal with JMT Consulting Group, Inc. for purchase, support, maintenance of the MIP Accounts Receivable Reporting Module (Software = $939.75) and MIP Budget Module ($2,094.75) plus set-up and training ($1,600) for the Comptroller=s Office accounting software in the total amount of $4,634.50 in order to receive a 15% discount on said software by purchasing prior to December 31st.

Whereas, the Town of Schodack (the "Town") adopted resolution number 2008-441 (the "Bond Resolution") on December 9, 2008, and

Whereas, the Bond Resolution included a reference to a previously adopted bond resolution (namely, Resolution 2005-341, hereinafter, the "2005 Resolution"), which was a bond resolution authorizing the issuance of $160,000 in Bonds or Notes, and

Whereas, notwithstanding that the 2005 Resolution was adopted on September 16, 2005, the Bond Resolution contained a typographical error, namely, that the 2005 Resolution was adopted on September 8, 2005, and

Whereas, the Town wishes to correct the error in the Bond Resolution by changing all references to the date of the 2005 Resolution from September 8, 2005 to September 16, 2005.

NOW, BE IT RESOLVED that all references to the date "September 8, 2005" in the aforementioned Bond Resolution are hereby changed to September 16, 2005, and

BE IT FURTHER RESOLVED that the minutes from the Town's December 9, 2008 meeting will hereafter be amended to reflect the above-described change and the text of the Bond Resolution will be corrected to reflect the exclusion of the September 8, 2005 date and the inclusion of the September 16, 2005 date.

Whereas, on December 11, 2008 the Schodack Town Board adopted Resolution 2008-464 to authorize the Supervisor to execute a Memorandum of Understanding by and between the Town and the New York State Police, and

Whereas, the Memorandum of Understanding constituted an Emergency 911 B Closest Car Agreement in order to provide the highest quality law enforcement services to the residents of the Town of Schodack, as the agencies have enjoyed for 40-years, and

Whereas, the New York State Police have refused to execute said agreement and have requested significant changes thereto, which are beyond the scope and terms initially requested by the New York State Police, and

Whereas, the Town Board feels that the requested revisions are not in the best public interest,

Now, Therefore, Be it Resolved that the Town Board of the Town of Schodack hereby rescinds its adoption of Resolution 2008-464 and its authorization of the Supervisor to execute said Memorandum of Understanding, and

Be It Further Resolved that Supervisor Secor is directed to notify the New York State Police and the Rensselaer County Bureau of Public Safety of this rescission.

Withdrawn: Appoint Marie Church to the full-time position of Assistant to the Senior Court Clerk at the hourly rate of $13.05. Said appointment shall be effective as of January 12, 2009.

Authorize Comptroller to execute all amendments to minutes, budget transfers, budget amendments, 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 2008 and 2009 adopted Town of Schodack budgets; and, based on appropriation availability, all encumbrances as submitted to the Comptroller by various departments.

	Approved Total	Increase/(Decrease)
Basic Services
a. Study and Report Phase	$15,000	$0
b. Preliminary Design Phase	$100,000	$0
c. Final Design Phase	$95,000	$30,000
d. Bidding or Negotiating Phase	$22,000	$5,000
e. Construction Phase	$95,000	$15,000
f. Post Construction	$8,000	$0
Sub-Total	$335,000	$50,000
Additional Services
a. Sub-Surface Investigations	$9,000	$1,000
b. Wetlands Investigations	$0	($2,000)
c. Archaeological/Historical Investigations	$3,000	($9,000)
d. SEQRA Activities	$5,800	$800
e. Easement Documentation Preparation	$26,000	$6,000
f. Funding Applications and Administration	$16,000	$4,000
g. Radio Telemetry Field Studies	$1,200	($800)
Sub-Total	$61,000	$0
Resident Project Representative Services	$150,000	$25,000
Total	$546,000	$75,000