2009 Adopted Resolutions of the Town Board of Schodack, NY

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

Resolutions of Jan 14, Resolutions of Jan 15, and Jan 22 are below.

Actions on Resolutions at the January 8th, 2009 Organizational Meeting

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

2009-001)

Regular meetings of the Town Board will generally,throughout the year 2009, 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 8 July 9
February 12 August 13
March 12 September 10
April 9 October 8
May 14 November 12
June 11 December 10

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

2009-002)

Reappoint Karen A. Vecchione ADA Coordinator for the calendar year 2009.

2009-003)

Designate the following banks as depositories for all Town funds for the calendar year 2009: Key Bank, N.A., Bank of America, MBIA, First Niagara, Pioneer and HSBC.

2009-004)

Reappoint William Dikant part-time Justice Court Officer for the calendar year 2009 at hourly rate set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-005)

Appoint David Calarco as a member of Zoning Board of Appeals. Term will expire on December 31, 2013.

2009-006)

Reappoint David Calarco as Chairman of the Zoning Board of Appeals for the calendar year 2009 at annual salary set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-007)

Establish mileage rate of 55 cents per mile, pursuant to IRS guidelines for calendar year 2009.

2009-008)

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 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-009)

Designate The Record as official Town newspaper for the month of January 2009.

2009-010)

Withdrawn: Town officials and/or personnel authorized by resolution of the Town Board to attend the Annual Meeting of the Association of Towns of New York State shall be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 the total amount of $1,100. 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 and submitted with voucher for all applicable expenses.

2009-011)

Withdrawn: Authorize Director of Planning and Zoning Fuda and Comptroller Mulligan to attend seminars for the Annual Meeting of the Association of Towns of New York State February 15-18, 2009. All appropriate expenses are to be borne by the Town.

2009-012)

Withdrawn: 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 of New York State.

2009-013)

Approve contracts and authorize Supervisor Secor to execute contracts with Castleton Volunteer Ambulance Service, Inc., and Nassau Ambulance for provision of emergency medical services/basic life support for 2009 as set forth in the Year 2009 adopted budget.

2009-014)

Reappoint Gene Paul Martel as the Dog Control Officer for the calendar year 2009 pursuant to the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-015)

Pursuant to Chapter 32 Section 1 of the Code of the Town of Schodack, appoint Peter D. Schweigert, Allison Signor, Jeffrey Conlin Code Enforcement Officer, Gary Ziegler Code Enforcement Officer, Jeffrey Arno Police Officer, Christopher Oglesby, Detective James Morgan, Steven Kelly, Andy Entwhistle and Matthew Carner to the Town of Schodack Fire Investigation Unit for the calendar year 2009.

2009-016)

Reappoint Sheila Golden as Director of Youth and Recreation for the calendar year 2009 at salary set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-017)

Reappoint Angelo DeFrancesco to the position of Park Manager at annual salary set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-018)

Reappoint Karen Justus as Assistant to the Assessor at annual salary set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-019)

Pursuant to Town Law §103, Article 8 Supervisor Secor reappoints Renee¢ Bult as the Budget Officer for 2009 at salary set forth in the Year 2009 budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-020)

Reappoint Diane Lebrecht as Secretary to the Superintendent of Highways at hourly rate set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-021)

Reappoint Laura Palmer as Assistant Comptroller on a part-time basis at the hourly rate set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-022)

Withdrawn: 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 Dawne M. Kelly as Deputy Supervisor.

2009-023)

Reappoint Sherri Smith as Secretary to the Building Department at salary set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-024)

Withdrawn: Authorize ____________________________ to prepare a preliminary and trial ready appraisal report relative to Tax Map Parcel Numbers 178.-12-4 and 189.-11-5 in Article 7 Proceedings entitled Darwin Delappa -v- Town of Schodack in an amount not to exceed $_______.

2009-025)

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.

2009-026)

Reappoint Jamie Wagner as Assistant to the Senior Court Clerk on a full-time basis at the hourly rate as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-027)

Appoint Marie Church as Assistant to the Senior Court Clerk on a full-time basis at the hourly rate of $13.05 as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008. Said appointment is to be effective as of January 12, 2009.

2009-028)

Reappoint Bruce P. Goodall Director of Transfer Station at salary set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-029)

Although not subject to the terms and conditions of the Collective Bargaining Agreement, authorize Payroll/Personnel Clerk to compensate a working foreman an additional Three Dollars ($3) per hour above normal hourly rate, as said working foreman may from time-to-time serve administratively in the absence of the Highway Superintendent.

2009-030)

Reappoint Roland Ferris to the Rensselaer County Fire Advisory Board. Oath is to be taken at Rensselaer County Clerk=s office. Term will expire December 31, 2009.

2009-031)

Approve contracts and authorize Supervisor Secor to execute contracts with the Castleton Public Library ($102,000), East Greenbush Community Library ($175,065), and Nassau Free Library ($25,000) as set forth in the Year 2009 adopted budget.

2009-032)

Reappoint Nadine Fuda as Director of Zoning and Planning/Zoning Enforcement Officer at annual salary as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-033)

Reappoint Melissa A. Knights, Secretary to Director Planning/Zoning, at annual salary as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-034)

Reappoint Jennifer L. Mulligan, CPA, as Comptroller, and appoint as Capital Project Analyst at combined annual salary as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-035)

Reappoint Cherie Gitto as Staff Accountant at annual salary as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-036)

Reappoint Kathleen A. Blake as Payroll/Personnel Clerk at an annual salary as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-037)

Reappoint Kathleen A. Blake Affirmative Action Coordinator for the calendar year 2009.

2009-038)

Reappoint Roland D. Ferris as Data Collector on a part-time basis, as scheduled by the Assessor, at an hourly rate as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-039)

Authorize Jennifer Mulligan, CPA, Comptroller and Cherie Gitto, Staff Accountant to attend NYS GFOA Annual Conference April 1-3, 2009 in Albany, New York. Cost of the Conference and Seminar is $310 each for a total of $620. All appropriate expenses are to be borne by the Town.

2009-040)

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.

2009-041)

Reappoint Sandra Schell ($11.75), Michael Lubbers ($11.25), Elizabeth Swahlan ($11.25) and Johanna Hoyt ($11.25) as part-time Tax Clerks at hourly rates set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-042)

Reappoint members to the Public Safety Advisory Committee as follows: Steven Kelly and Chief Bernhard Peter to one-year terms to expire on December 31, 2009 and Beth Knauf Secor to a two-year term will expire on December 31, 2010 (or concurrent with term as Supervisor).

2009-043)

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.

2009-044)

Authorize closure of the Highway Garage Capital Project (H009) with cash balance of $125,501.69 to be transferred to General-Fund Town Wide (A) effective December 31, 2008.

2009-045)

Reappoint Wayne Johnson as Planning Board Member. Term will expire on December 31, 2015. The 2009 annual salary shall be as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted on December 30, 2008.

2009-046)

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 1-5, 2009 Cost is $240. Lodging and other appropriate expenses are to be borne by the Town.

2009-047)

Reappoint Nicole A. Thomas as part-time janitorial staff at an hourly rate as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-048)

Reappoint Stuart McKnight, Richard Eckel, Michael McDowell, Joshua Walters and Jason Laurenzo as part-time police officers at the hourly rate as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-049)

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 2009, 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.

2009-050)

Reappoint the following as Fire Marshals for 2009: Dawne M. Kelly - Town Hall; Stuart McKnight - Police Station; and Harry Duncan - Highway Garage.

2009-051)

Ratify and affirm that Supervisor Secor executed Disposal Service Agreements with Covanta Energy Corporation for disposal of municipal solid waste ($71.65 per ton) and disposal of tires ($65.00 per ton) for calendar year 2009. The execution of said Agreements was required on or before December 31, 2008 in order to bring the above materials to Covanta facilities after January 1, 2009.

2009-052)

Authorize the following individuals for reappointment to the Winter Youth Recreation Program, as recommended by the Director of Youth and Recreation, Pee Wee Wrestling -- Thomas Gibbons and Geoff Scheilding at salary as set forth in the Year 2009 adopted budget pursuant to resolution #2008-472 adopted December 30, 2008.

2009-053)

Designate the following as official election polling places for the Town of Schodack: District 1 Love Lutheran Church, Pheasant Lane District 2 Schodack Landing Firehouse, Firehouse Lane District 3 Emmanuel Reformed Church, Maple Hill Road District 4 East Schodack Firehouse, Route 150 District 5 Castleton Elementary School, Scott & Campbell Avenue District 6 Edward Swartz Southern Tier Senior Center, Route 150 District 7 South Schodack Firehouse, Bame Road District 8 Edward Swartz Southern Tier Senior Center, Rout e 150 District 9 East Schodack Firehouse, Route 150 District 10 Castleton Elementary School, Scott & Campbell Avenue

2009-054)

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 Quad400 Advisory Committee. The purpose of the Committee is to identify, review, and recommend options relating to Quadricentennial Celebration in the Town of Schodack.

The following individuals are hereby appointed as members of the Committee: Kelly Travers-Main, Chairperson, Beth Knauf Secor, Supervisor, Marianne Carner, Mayor of the Village of Castleton-on-Hudson, Nadine Fuda, Angelo DeFrancesco, Diane Hutchinson and ________________.

2009-055)

Authorize Supervisor Secor to circulate a Request for Proposal for an independent audit of the Schodack Landing Sewer District No. 8 Capital Project for the fiscal year ending December 31, 2008.

2009-056)

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, Dale Goodall 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 an Investigator with the Fire Investigation Unit in the Town of Schodack, and

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

WHEREAS, Mr. Goodall 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, as a member of the unit Dale worked cooperatively with the Schodack Police Department, the South 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

WHEREAS, Dale was a Project Manager at Dodge, Chamberlin, et al., a local architectural firm, being familiar with design, construction technique and methodology, bringing valuable insight to the Unit's fire scenes to determine the cause and origin of the blazes, and

WHEREAS, Dale was an active member of the South Schodack Fire Company, utilizing his training with the Fire Investigation Unit to assist with fire company drills by providing active ("fully involved") fire scenes for fellow firefighters,

NOW, THEREFORE, BE IT RESOLVED, that the Legislative Body for the Town of Schodack will pause in its deliberation of the 8th day of January 2009 to acknowledge and honor Dale Goodall for his twenty-four 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 presented to Mr. Goodall by Supervisor Secor.

2009-057)

WHEREAS, the Town Board of the Town of Schodack on July 10, 2008 authorized the Town Clerk to publish a legal notice to solicit sealed bids for construction of Transmission Mains Contract No. 3C. Plans pursuant to specifications prepared by J. Kenneth Fraser and Associates and said notice having appeared on September 10, 2008, and

WHEREAS, the Town Board of the Town of Schodack received eight (8) bids, which were opened on October 2, 2008 for the construction of Transmission Mains Contract No. 3C, and

WHEREAS, the bids were opened in accordance with its notice and were as follows: Casale Excavating, Inc., base bid in the amount of $1,311,009.40 , alternate bid in the amount of $1,408,941.40; Cranbrook Construction, Inc., base bid in the amount of $1,268,803.00, alternate bid in amount of $1,340,723.00; Delaney Group, Inc., base bid in the amount of $1,356,195.00, alternate bid in the amount of $1,422,235.00; F.P. Kane Construction, Inc., base bid in the amount of $1,434,000.00, alternate bid in the amount of $1,534,000.00; Keller & Sons Construction Corp., base bid in the amount of $1,198,322.00, alternate bid in the amount of $1,273,541.00; Kingsley Arms, Inc., base bid in the amount of $1,094,349.00, alternate bid in the amount of $1,180,557.00; TKC, base bid in the amount of $1,212,723.00, alternate bid in the amount of $1,282,389.00 and Trinity Construction, Inc., base bid in the amount of $1,747,713.00, alternate bid in the amount of $1,880,833.00, 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 Kingsley Arms, Inc., in the amount of $1,094,349.00, and

BE IT FURTHER RESOLVED that Supervisor Secor is authorized to execute the appropriate contract with Kingsley Arms, Inc.

2009-058)

Authorize Jeffrey Conlin, Building Inspector to attend the Central Chapter of the New York State Building Officials, Inc. 4th Annual Educational Conference at the Holiday Inn Syracuse/Liverpool in Liverpool, New York, on April 13 - 17, 2009 Cost is $350. Lodging and other appropriate expenses are to be borne by the Town.

2009-059)

Authorize Supervisor Secor to executed purchase agreements with Eastern Copy Products, LLC for one (1) Xerox Work Centre 5225P copier for use of Assessor and Receiver of Tax offices in the amount of $4,490.00 and one (1) Xerox Work Centre M20 copier for use in Justice Court in the amount of $1,998.00 and annual maintenance agreements, including parts and labor in the amount of $360.00 each.

2009-060)

Authorize Town Clerk to publish legal notice for construction project known as Water District No. 9. Bids to be opened on February 5, 2009, at 2 p.m. at the Schodack Town Hall, Office of the Town Clerk.

2009-061)

WHEREAS, Ian Thomas Walling, son of George and Deborah, on the 9th of November in the year two thousand eight, was promoted to Eagle Scout, the highest rank a boy can receive in scouting, and

WHEREAS, Ian started his journey in Cub Scouting at the age of 11 with Troop 53 and Ian earned has earned 26 Merit Badges in his six years of Boy Scouting, and

WHEREAS, Ian has served Pack 253, Den 10 as Den Chief for two years, and has served as Senior Patrol Leader, and

WHEREAS, Ian has earned the Troup 53 Dikant Annual Honor Scout Award, and

WHEREAS, Ian is a Ordeal member of Kittan Lodge 364 of the Order of the Arrow, and

WHEREAS, as his Eagle Scout project, Ian chose to use GPS mapping technology to place quarter mile marker posts on approximately ten miles of trails at Schodack Island State Park that are used by hikers, runners, birdwatchers, and hunters to navigate the park trail system, and

WHEREAS, his project also included installation of four bat houses in selected locations to prevent bat colonization of the park pavilion, and

WHEREAS, Ian is a Senior at Maple Hill High School, was named National Merit Scholarship Semifinalist, and earned the Bausch & Lomb Honorary Science Award, and

WHEREAS, Ian is a member of the High School Band, Jazz Band, Rensselaer All-County Band, National Honor Society, president of the National Honor Society Chapter, and Vice President of his class at Maple Hill for the past four years,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Ian Thomas Walling 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 Ian Thomas Walling at his Court of Honor on January 18, 2009.

2009-062)

Reappoint Alan J. Roehr, Jr., Peter Zownir and Thomas MD Jones as part-time sworn police officer 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, pursuant to Resolution 2008-308.

2009-063)

WHEREAS, the Town Board of the Town of Schodack on July 10, 2008 authorized the Town Clerk to publish a legal notice to solicit sealed bids for construction of Water Storage Reservoir Contract No. 3B. Plans pursuant to specifications prepared by J. Kenneth Fraser and Associates and said notice having appeared on September 10, 2008, and

WHEREAS, the Town Board of the Town of Schodack received a sole bid, which was opened on October 2, 2008 for the construction of Water Storage Reservoir Contract No. 3B, and

WHEREAS, the bid was opened in accordance with its notice and was as follows:

Statewide Aqua Store, Inc. in the bid amount of $535,650, and

WHEREAS, the bid was reviewed for conformance to specifications and submittal of required bid bond and non-collusive certificates,

NOW, THEREFORE, BE IT RESOLVED that pursuant to the recommendation of J. Kenneth Fraser and Associates the Town Board hereby accepts the sole bid Statewide Aqua Store, Inc., in the amount of $535,650, and

BE IT FURTHER RESOLVED that Supervisor Secor is authorized to execute the appropriate contract with Statewide Aqua Store, Inc.

2009-064)

Authorize Budget transfers and amendments submitted by the Comptroller.

2009-065)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the 2008 claims #1957 to #1970 and the 2009 claims # 1 to #148 on Abstract No. 01-09, in the amount of $137,053.99, including the claims paid since the previous town board meeting ($32,240.85)

Actions at Special Meeting, 14 Jan 09

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

2009-066) DEFEATED

DEFEATED WHEREAS, the Town of East Greenbush, as Lead Applicant, and the City of Troy, the City of Rensselaer, the Town of North Greenbush, the Town of Schodack and the Town of Sand Lake, as Co-Applicants, are in mutual support of submitting a Local Government Efficiency Grant Program application to the New York State Department of State, Division of Local Government Services for the 2008-2009 program year; and

WHEREAS, the respective responsibilities of the lead applicant and the co-applicants are enumerated in the grant application; and

WHEREAS, the aforementioned municipalities have previously formed a consortium and successfully developed a shared Assessment Information System (AIS) to provide assessment and parcel level data to the six participating municipal departments and to the public via the Web; and

WHEREAS, the purpose of the grant application is to create additional operational efficiencies and further reduce municipal costs through the funding of carefully considered enhancements to the AIS; and

WHEREAS, the project title shall be the Assessment Information System Enhancement Project and

WHEREAS, the Town of Schodack designates Sharon Martin, Assessor for the Town of Schodack as contact person for the Town, with responsibility for attending project meetings, furnishing all necessary information to the Town of East Greenbush and informing the Town Board regarding the project=s schedule and progress; and

WHEREAS, the amount of grant requested will not exceed two hundred thousand dollars ($200,000.00); and

WHEREAS, the local share, in dollars, of a successfully funded Local Government Efficiency Grant Program application shall be a ten percent (10%) cash match of the grant award; and

WHEREAS, the Town of East Greenbush, the City of Troy, the City of Rensselaer, the Town of North Greenbush, the Town of Schodack, and the Town of Sand Lake, will each contribute one-sixth of the 10% match (1.667%);

NOW, THEREFORE, BE IT RESOLVED that the Town of Schodack authorizes Supervisor Secor to submit an application, as co-applicant, for funding not to exceed $200,000.00 to the Local Government Efficiency Grant Program and to execute all financial and administrative processes relating to the grant; and

BE IT FURTHER RESOLVED that the Town of Schodack will commit one-sixth of the required 10% local share, an amount not to exceed $3,333.33, from its general revenues, towards the local project share.

Resolutions - Special Meeting of 15 Jan 09

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

2009-067)

WHEREAS, the Town Board of the Town of Schodack on July 10, 2008 authorized the Town Clerk to publish a legal notice to solicit sealed bids for construction of Water System Improvements DWSRF #16736 Contract 5G General Construction plans pursuant to specifications prepared by J. Kenneth Fraser and Associates and said notice having appeared on September 10, 2008, and

WHEREAS, the Town Board of the Town of Schodack, received three (3) bids, which were opened October 2, 2008 for the construction of Water System Improvements Contract 5G, and

WHEREAS, the bids were opened in accordance with its notice and were as follows: Stephen Miller B General Contractors, Inc., base bid in the amount of $1,160,160.00, alternate bid 1 in the amount of $1,500.00, alternate bid 2 in the amount of $182,182.00, alternate bid 2A in the amount of $600.00, alternate bid 3 in the amount of $35,200.00, alternate bid 4 in the amount of $25,000.00; Wm. J. Keller and Sons Construction Corp., base bid in the amount of $1,194,000.00, alternate bid 1 in the amount of $2,600.00, alternate bid 2 in the amount of $169,000.00, alternate bid 2A in the amount of $770.00, alternate bid 3 in the amount of $38,000.00, alternate bid 4 in the amount of $28,000.00; Kingsley Arms, Inc., base bid in the amount of $1,448,000.00, alternate bid 1 in the amount of $1,920.00, alternate bid 2 in the amount of $167,000.00, alternate bid 2A in the amount of $750.00, alternate bid 3 in the amount of $36,650.00, alternate bid 4 in the amount of $24,200.00, 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 Stephen Miller B General Contractors, Inc., in the amount of $ 1,160,160.00, and

BE IT FURTHER RESOLVED that Supervisor Secor is authorized to execute the appropriate contract with Stephen Miller B General Contractors, Inc.

2009-068)

WHEREAS, the Town Board of the Town of Schodack on July 10, 2008 authorized the Town Clerk to publish a legal notice to solicit sealed bids for construction of Water System Improvements DWSRF #16736 Contract 5E Electrical Work. Plans pursuant to specifications prepared by J. Kenneth Fraser and Associates and said notice having appeared on September 10, 2008, and

WHEREAS, the Town Board of the Town of Schodack received six (6) bids, which were opened on October 2, 2008 for the construction of Water System Improvements Contract 5E Electrical Work, and

WHEREAS, the bids were opened in accordance with its notice and were as follows: J. A . Bradley, base bid in the amount of $144,000.00, alternate bid 1 in the amount of $9,000.00, alternate bid 2 in the amount of $900.00; Stilsing Electric, base bid in the amount of $154,000.00, alternate bid 1 in the amount of $12,757.00, alternate bid 2 in the amount of $2,450.00; Farina Electric, Inc., base bid in the amount of $184,880.00, alternate bid 1 in the amount of $9,350.00, alternate bid 2 in the amount of $2,655.00; Brunswick Electric, Inc., base bid in the amount of $189,920.00, alternate bid 1 in the amount of $7,694.00, alternate bid 2 in the amount of $2,985.00; Phoenix Electricians Company, Inc., base bid in the amount of $189,447.00, alternate bid 1 in the amount of $9,000.00, alternate bid 2 in the amount of $2,000.00; Total Facility Solutions, Inc., base bid in the amount of $221,415.00, alternate bid 1 in the amount of $74,470.00, alternate bid 2 in the amount of $3,200.00, 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 J. A. Bradley, in the amount of $ 144,000.00, and

BE IT FURTHER RESOLVED that Supervisor Secor is authorized to execute the appropriate contract with J. A. Bradley.

Actions of the Town Board, January 22, 2009

2009-069)

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 the total amount of $1,100. 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 and submitted with voucher for all applicable expenses.

2009-070)

Authorize Director of Planning and Zoning Fuda and Comptroller Mulligan to attend seminars for the Annual Meeting of the Association of Towns of New York State February 15-18, 2009. All appropriate expenses, which are estimated to be $1,010 per person, are to be borne by the Town.

2009-071)

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 of New York State.

2009-072)

WITHDRAWN: "Authorize ____________________________ to prepare a preliminary and trial ready appraisal report relative to Tax Map Parcel Numbers 178.-12-4 and 189.-11-5 in Article 7 Proceedings entitled Darwin Delappa -v- Town of Schodack in an amount not to exceed $_______. "

2009-073)

WHEREAS, the Town of East Greenbush, as Lead Applicant, and the City of Troy, the City of Rensselaer, the Town of North Greenbush, the Town of Schodack and the Town of Sand Lake, as Co-Applicants, are in mutual support of submitting a Local Government Efficiency Grant Program application to the New York State Department of State, Division of Local Government Services for the 2008-2009 program year; and

WHEREAS, the respective responsibilities of the lead applicant and the co-applicants are enumerated in the grant application; and

WHEREAS, the project title shall be the "Assessment Information System Enhancement Project"; and

WHEREAS, the "amount of grant requested" will not exceed two hundred thousand dollars ($200,000.00); and

WHEREAS, the "local share," in dollars, of a successfully funded Local Government Efficiency Grant Program application shall be a ten percent (10%) cash match of the grant award; and

NOW, THEREFORE, BE IT RESOLVED that the Town of Schodack ratifies and affirms that an application was submitted for the Local Government Efficiency Grant Program in a timely manner, with Schodack as a co-applicant, for funding not to exceed $200,000.00 and the Town of East Greenbush, as lead applicant, was authorized on our behalf to execute all financial and administrative processes relating to the grant; and

BE IT FURTHER RESOLVED that the Town of Schodack will commit one-sixth of the required 10% local share, an amount not to exceed $3,333.33, from its general revenues, towards the local project share.

2009-074)

Authorize Supervisor Secor to execute Stipulation of Settlement and Agreement By and Between the Town of Schodack and the New York State Law Enforcement Officers Union, Council 82, AFSCME, AFL-CIO, Local 1571S and Steven M. Roy dated January 2009.

2009-075)

Authorize Supervisor Secor to execute Change Order No. 1 with Stephen Miller General Contractors, Inc. - Contract No. 5G - General Construction to increase said contract in the amount of $15,800.00 to included Contract No. 5H - HVAC Work on Water System Improvements DWSRF #16736 for a total project cost of $1,175,960.00.

2009-076)

Authorize Supervisor Secor to execute Change Order No. 1 with J. A. Bradley - Contract No. 5E - Electrical Work on Water System Improvements DWSRF #16736 to add contract language as required by the NYSDOH, and extend the contract completion date from June 30, to August 29, 2009. There is no increase in project cost for this Change Order.

2009-077)

WITHDRAWN: "Authorize Supervisor Secor to accept proposal and execute agreement dated December 22, 2008 for Public Sector HR Consultants LLC to evaluate, train and write a Workplace Violence Prevention Program as required under Section 27-b of the State Labor Law, in an amount not to exceed $3,000."

2009-078)

Authorizing the Supervisor to Issue One or More Bond Anticipation Notes ("Bans") in the Aggregate Amount of $2,658,356 for the Following Purposes and Relative Amounts:

a Ban in the Amount of $691,333 to Refinance, along with Other Funds Available to the Town, an Existing Ban Having a Principal Balance of $733,333, the Proceeds of Which Will Be Allocated in the Following Amounts and for the Following Purposes: (A) $616,333.00 for Water Systems Improvements Including Development of Two Production Wells, Design of a Permanent Pump Station and Related Improvements, (B) $75,000 for Appraisals of Real Property Within the Town of Schodack, Which Appraisals Will Be Used to Assist in the Assessment of Such Real Property for Purposes of Taxation; and
a Ban in the Amount of $1,967,023, the Proceeds of Which Will Be Allocated in the Following Amounts and for the Following Purposes: (A) $51,023 to Refinance, along with Other Funds Available to the Town, an Existing Ban Having a Principal Balance of $52,500, the Proceeds of Which Will Be Allocated in the Following Amounts and for the Following Purposes: (I) $39,458 for Water System Improvements to Water Districts 2a, 2b, 4, 5, 8 and 9, and (Ii) $11,565 for Water System Improvements to Water District #8, and (B) $1,916,000 to Provide New Money That Will Be Used as Follows: (I) $1,720,000 to Finance Major Facility Water System Improvements to Water Districts 2a, 2b, 4, 5, 8 and 9, and (Ii) $196,000 to Finance Water Improvements to Water District #8. [Excerpt -full Resolution posted on Bulletin Board]

2009-079)

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 Water Transmission Main Contract 3C map, plan and report prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack, (the "Town Engineers"), providing for construction of a water main and other water improvements to connect the Town's well field with its existing water transmission system; and

WHEREAS, pursuant to said map, plan, and report the construction of proposed water system improvements will consist of approximately 7,100 feet of 16-inch water main, hydrants, valves and appurtenances to connect the Town's well field to its existing water transmission system within existing water districts (hereinafter the "Project"). Approximately 50% of the water main route is within an inactive gravel mine; another 25% traverses meadow/brushland and woodland; and paved road, roadside turf, and pasture comprise the remainder; and

WHEREAS, Town Law Section 202-b authorizes the Town to improve and construct additional water facilities to serve existing Town water districts in the public interest; and

WHEREAS, pursuant to the State Environmental Quality Review Act (SEQRA), the Town assumed Lead Agency status, caused preparation of a Full Environmental Assessment Form (FEAF) and conducted coordinated review of the Project; and

WHEREAS, the Town Board reviewed the potential environmental impacts of the Project by carefully considering them and thoroughly evaluating their potential significant impacts on the environment.

NOW THEREFORE, BE IT RESOLVED

It is in the public interest to construct said 16-inch main and water improvements.
The Town Board accepts the FEAF Part 1 and determines:
1. the proposed Project will not result in any large and important impact(s); and
2. the proposed Project is one which will not have a significant impact on the environment; and
3. a Draft Environmental Impact Statement will not be prepared.
A Negative Declaration shall be issued and executed by Supervisor Secor pursuant to SEQRA.

2009-080)

Authorize Supervisor Secor to request enactment of State legislation to allow Police Officer Steven Roy, employed by the Town of Schodack, to become covered by the provisions of Section 384-d of the Retirement and Social Security Law as stipulated in the Collective Bargaining Agreement. Additionally, the legislation will specify that all past service costs incurred due to its enactment will be paid by the Town of Schodack.

2009-081)

Authorize Supervisor Secor to execute ASCAP license Agreement, subject to review and approval as to form by Attorney to the Town, and authorize payment of $305.00 licensing fee to ASCAP.

2009-082)

Authorize Patroon Abstract Corp. to provide title searches to determine ownership of real property [Tax map numbers 178-8-12.1, 178-8-12.2, 178.9-1-12, 189-6-1 and 189-10-1] consisting of parcels of land over/under in which transmission lines and appurtenances related to DWSRF # 17357 water project for Major Facilities, will be placed. Pursuant to retainer agreement dated January 16, 2009 said work will be billed at the rate of $400 per search and total cost will not exceed $2,000. Additionally, Patroon Abstract Corp will record easements once they are obtained by the Town with (estimated recording fees of $187.50) to be borne by the Town.

2009-083)

Designate The Record as the official Town newspaper for the remainder of calendar year 2009.

2009-084)

WITHDRAWN: "Ratify and affirm that Timothy Nugent, Esq., has provided legal services to the Town of Schodack regarding the Intermunicipal Sewer Agreement dated May 27, 2004 between the Town of Schodack and the Town of East Greenbush relative to Sewer District No. 6 hook up fees at an hourly rate of $150.00, effective November 1, 2008."

2009-085)

Authorize Supervisor Secor to execute Change Order No. 1 for Contract 3B - Water Storage Reservior (Statewide Aquastore, Contractor) to add contract language as required by the NYSDOH, and extend the contract completion date from June 30, to August 29, 2009. There is no increase in project cost for this Change Order.

2009-086)

Authorize Supervisor Secor to execute Change Order No. 1 for Contract 3C - Transmission Main (Kingsley Arms, Contractor) to add contract language as required by NYSDOH, and extend the contract completion date from June 30, to August 29, 2009. There is no increase in project cost for this Change Order.

2009-087)

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;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF SCHODACK

That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understandings and assurances contained in said application is hereby authorized.
That Bruce Goodall or his designee is directed and authorized as the official representative of the municipality to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State.
That the municipality agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs.
That five (5) Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application.
That this resolution shall take effect immediately.

2009-088)

Ratify and affirm authorization for Sergeant Brian Rossiter to attend the Glock Armorer Course at Crossgates Mall in Albany, New York on January 21, 2009 at a cost of $150.

2009-089)

WITHDRAWN: "Authorize Officer Michael Miller to attend the 40 Hour Basic Crime Prevention Course at Holiday Inn Saratoga Springs on March 23rd through March 27th in Saratoga, New York at an estimated cost of $310."

2009-090)

Authorize Bruce Goodall, Director of the Transfer Station to exercise the option with Care Environmental Corporation to extend the 2006 bid package for the 2009 Household Hazardous Waste Collection to be held September 26, 2009.

2009-091)

Authorize Supervisor Secor to execute purchase agreements with Eastern Copy Products, LLC for one (1) Xerox Work Centre 4150X copier for use of Police Department in the amount of $3,550.00 and annual maintenance agreement, including parts and labor in the amount of $420.00.

Actions of February 12th Actions of Feb 26

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

2009-092)

Withdrawn: Authorize Supervisor Secor to accept proposal and execute agreement dated December 22, 2008 for Public Sector HR Consultants LLC to evaluate and develop a Workplace Violence Prevention Program and to train all Town employees, pursuant to Section 27-b of the State Labor Law, in an amount not to exceed $3,000.

2009-093)

Withdrawn: Authorize Officer Michael Miller to attend the 40-Hour Basic Crime Prevention Course at Holiday Inn Saratoga Springs on March 23rd through March 27th in Saratoga, New York at an estimated cost of $310.

2009-094)

Approve the list of Volunteer Ambulance Workers Service Award Program for all 2008 active Volunteer Ambulance Workers of the Castleton Volunteer Ambulance Service Inc., as submitted.

2009-095)

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 for an amount not to exceed $4,500. Terms and conditions of the contract are subject to approval by Attorney to the Town as to form and substance.

2009-096)

Authorize Supervisor Secor to execute contract with Laberge Group for additional professional services related to Municipal Stormwater (MS4) for the 2009/2010 MS4 year (March 10, 2009 through March 9, 2010). Fees are set forth in Addendum No. 8 dated January 22, 2009 as follows: Administration $20,000, Field work $11,500 and Coalition Meetings $5,000 - for a total amount not to exceed $36,500. This program is an unfunded mandate from the federal and State governments and was budgeted in the 2009 adopted budget.

2009-097)

Withdrawn: WHEREAS, pursuant to the franchise agreement between Time Warner Cable ("TWC") and the Town of Schodack, TWC pays the Town a fee for a special franchise to operate its cable television business in the public right- of-way, and

WHEREAS, for the year 2008 TWC paid the Town of Schodack $70,412.60 in franchise fees, and

WHEREAS, TWC was levied a total of $3,609.16 in Town taxes on five special franchise properties, and

WHEREAS, Section 626(1) of the Real Property Tax Law of the State of New York provides that the amount paid as a franchise fee is to be deducted from the taxes levied on a special franchise, and

WHEREAS, Section 626(2) of the Real Property Tax Law provides that the person responsible for collecting the franchise fee shall deliver to the Town of Schodack a certificate showing the amount of the franchise fee paid for the year ending on the date set forth in the certificate, and

WHEREAS, upon receipt of the certificate, the law requires the Town of Schodack to enter a credit on the tax roll in the amount shown on the certificate, and

WHEREAS, Rensselaer County Bureau of Finance is responsible for entering the credit on the tax roll, and

WHEREAS, pursuant to Section 626, the TWC Tax Department returned the Town's Special Franchise tax bill, and

WHEREAS, TWC is required to make a request in order to receive a credit on the tax roll, and

WHEREAS, the Town has received a request for the credit on property taxes assessed in 2009 from the franchise fees paid during 2008,

NOW, THEREFORE, BE IT RESOLVED to authorize payment of $3,609.16 to Rensselaer County Bureau of Finance based on the 2009 Utility report on said franchise properties assessed within the Town of Schodack.

2009-098)

Authorize Supervisor Secor to execute Memorandum of Understanding with Purinton and Morris CPA's, LLC for (A) Consulting on financial aspects of Water District creation and consolidation, changes in the Town's owned water operation and utilization of water resources with other communities, (B) Designing and implementing accounting and internal control processes for all financial aspects of the previous described matters and (C) Consulting in any other area of governmental accounting and finance at an hourly rate of $150, for a total amount not to exceed $3,600.

2009-099)

WHEREAS, the Schodack Landing Sewer District No. 8 was constructed during 2008, and

WHEREAS, a funding source of the project, USDA Rural Development requires the establishment of a capital reserve fund to be funded annually from assessments of benefitted properties, and

WHEREAS, the assessment is set at $1,244 annually based on $16 per capital unit for 77.75 units per the 2008 capital assessment roll, and

NOW, THEREFORE, BE IT RESOLVED, that pursuant to section 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the "Sewer District No. 8 Capital Reserve Fund" (hereinafter "Reserve Fund"), and

BE IT FURTHER RESOLVED that the purpose of this Reserve Fund is to accumulate moneys to finance the future costs of capital improvements; that the type of capital improvements to be financed from this Reserve Fund is the construction, reconstruction, and/ or acquisition of sewer infrastructure and that the chief fiscal officer is hereby directed to deposit and secure the money of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law, and

BE IT FURTHER RESOLVED that the chief fiscal officer may invest the moneys in the Reserve Fund in the manner provided by Section 11 of the Federal Municipal Law, and consistent with the investment policy of the Town of Schodack; any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund; the chief fiscal officer shall account for the Reserve Fund in a manner, which maintains the separate identity of the cash and investments of the Reserve Fund, and

BE IT FURTHER RESOLVED that, except as otherwise provided by Section 6-c of the General Municipal Law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established and no expenditure shall be made from this Reserve Fund without the approval of this governing board and without such additional actions or proceedings as may be required by section 6-c of the General Municipal Law, including a permissive referendum as required by subdivision 4 of section 6-c.

2009-100)

Authorize the following Schodack Landing Sewer Project Budget Amendments to Form E:
Decrease A.2. by $6,678.88 from $17,200.00 to$10,521.12 (Administrative Bonding)
Increase A.2a. by $2,526.32 from $5,500.00 to $8,026.32 (Net Interest)
Increase A.4. by $3,500.00 from $10,500.00 to $14,000.00 (Bookkeeping)
Decrease A.5. by $5,500.00 from $60,000.00 to $54,500.00 (Lands, ROW)
Decrease A.7. by $870.61 from $8,000.00 to $7,129.39 (Miscellaneous)
Decrease B.1.a. by $48.80 from $10,450.00 to $10,401.20 (Engineering - Prelim Studies)
Decrease B.1.b. by $0.90 from $155,600.00 to $155,599.10 (Engineering - Basic Services)
Decrease B.1.c. by $22.41 from $11,225.00 to $11,202.59 (Engineering - Easement)
Decrease B.1.e. by $1.12 from $4,210.00 to $4,208.88 (Engineering - Subcontracted Svc.)
Decrease B.1.f. by $3.00 from $22,465.00 to $22,462.00 (Engineering - Regulatory)
Decrease B.1.g. by $85.75 from $2,500.00 to $2,414.25 (Engineering - Phase I Environ.)
Decrease B.2. by $2,719.62 from $70,835.42 to $68,115.80 (Archeological Services)
Increase C.2.b. by $2,315.44 from $0.00 to $2,315.44 (Construction - Town Labor)
Increase D.1. by $7,589.33 from $30,127.82 to $37,717.15 (Contingency)
Net change to budget equals $0.00.

2009-101)

Authorize Officer Steven Roy to attend the New York Tactical Association Expo and Conference in Verona, New York on April 28th through April 30th, 2009 at an estimated total cost of $594.

2009-102)

Authorize Officer Jeffrey Arno and Building Inspector Gary Ziegler to attend the Fire Investigation Photography Course at the New York State Fire Academy on May 15th through May 17th, 2009 in Montour Falls, New York at an estimated total cost of $503.

2009-103)

Authorize Supervisor Secor to contract with musicians to perform at the 2009 Music in the Park as follows:

Two Broads with A-lotta Sound June 23rd $275.00
Mixed Company for the Fun of It June 30th $600.00

2009-104)

Authorize the Town Clerk to publish legal notice to solicit bids for one (1) Dump Truck with sander, plow and wing attachments pursuant to specifications prepared by the Superintendent of Highways.

2009-105)

Withdrawn: Authorize Supervisor Secor to execute contract with Capstone Appraisal Group, Inc. for Final Litigation Appraisal relative to Fox Hollow, LLC [Tax Map #189.-21.1] for an expenditure not to exceed $2,500.

2009-106)

Authorize Supervisor Secor to execute contracts with the Edward C. Swartz Southern Tier Senior Center ($4,000) and Castleton Senior Citizens ($4,000) for the establishment, maintenance and operation of programs devoted, in whole or in part, to the welfare of the aged. The terms and conditions of said contracts are subject to the approval by Attorney to the Town.

2009-107)

WHEREAS, Tadd Benoit, son of Eric and Sandra Benoit and grandson of Norman and Neila Benoit, on the 30th day of June in the year two thousand eight was promoted to Eagle Scout, the highest rank a boy can receive in scouting, and

WHEREAS, Tadd started his journey in Cub Scouting at the age of five with Troop 25 in Bolton Landing New York, earning his Arrow of Light and the World Conservation Patches, and

WHEREAS, as a Webelo he helped build a patch display case for the Bolton Landing Firehouse and organized a bike rally to teach Girl Scouts bicycle safety before he bridged to Boy Scouts, and

WHEREAS, after one year as a Boy Scout in Bolton Landing, he moved to Schodack Landing and continued his Scouting journey with Troop 53, earning a total of 23 Merit Badges in his thirteen years of Boy Scouting, and

WHEREAS, Tadd served as Assistant Patrol Leader, Patrol Leader for the Flaming Arrow Patrol, and as Senior Patrol Leader for Troop 53, and

WHEREAS, for his Eagle Scout project, Tadd chose to repair and paint the walls in the meeting room and the upstairs office at the Schodack Landing Firehouse, and

WHEREAS, while attending Bolton Central School Tadd participated in the Stock Market Game, his team winning overall in their grade level throughout the northeast region and being awarded a week-long trip to the New York Stock Exchange on Wall Street, and

WHEREAS, while attending Maple Hill Middle School, Tadd was a member of Mr. Malloy's Future City Team that won the Regional Competition and received a cash prize for Tadd's bridge designs on the model of their city and then traveled to Washington D. C. to compete at the National Level, and

WHEREAS, Tadd attended Maple Hill High School where he was a member of the Yearbook Committee, Baseball and Wrestling Teams, and

WHEREAS, Tadd graduated from Maple Hill High School on June 27th 2008, receiving two Scholarships: the Steven C. Kelly, Jr. Memorial Award and the Swartz Family Memorial Award, and

WHEREAS, Tadd is a Junior at Hudson Valley Community College, pursuing an Associate Degree in Manufacturing and Technical Systems, and

WHEREAS, Tadd is a member Schodack Landing Volunteer Fire Department, joining at the age of sixteen as a Junior member, completing Firefighter I and Fire Survival courses and serving as the Lieutenant of Utility-31, and

WHEREAS, Tadd is employed full-time at Ducommun AeroStructures, a manufacturing plant for private and military aircraft parts,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack commends and congratulates Tadd Benoit 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 Tadd Benoit at his Court of Honor on February 22, 2009.

2009-108)

Authorize ESAC (Empire State Appraisal Consultants, Inc.) to prepare a preliminary and trial ready appraisal report relative to Tax Map Parcel Numbers 178.-12-4 and 189.-11-5 in an Article 7 Proceedings entitled Darwin Delappa -v- Town of Schodack in an amount not to exceed $6,200.

2009-109)

WHEREAS, there are currently pending two actions in Rensselaer County Supreme Court, Town of Schodack -v- John Haas and John Haas -v- Town of Schodack , consolidated under Index #214637, and

WHEREAS, the Town is presently represented in said matters by Hiscock & Barclay, LLP, and wishes to substitute David L. Gruenberg, Esq., as its counsel in this matter,

NOW, THEREFORE, BE IT RESOLVED that David L. Gruenberg, Esq., be retained by the Town of Schodack to represent it in the above matters at the hourly rate of $150, and

BE IT FURTHER RESOLVED that Supervisor Secor is hereby directed to execute the form substitution of attorney authorization for filing with the Court.

2009-110)

WHEREAS, the Town Board of the Town of Schodack on January 8, 2009 authorized the Town Clerk to publish a legal notice to solicit sealed bids for construction of Water District No. 9, Installation of Hydrants and Services, Contract No. 9, pursuant to plans and specifications prepared by J. Kenneth Fraser and Associates and said notice having appeared on January 21, 2009, and

WHEREAS, the Town Board of the Town of Schodack received three (3) bids, which were opened on February 5, 2009 for the construction of Water District No. 9 Installation of Hydrants and Services, and

WHEREAS, the bids were opened in accordance with its notice and were as follows: Casale Excavating, Inc. base bid in the amount of $330,354.89; Wm. J. Keller and Sons Construction Corp. base bid in the amount of $513,866.00; and Cranbrook Construction, Inc., base bid in the amount of $669,700.00, 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 bid of Casale Excavating, Inc., in the amount of $330,354.89, and

BE IT FURTHER RESOLVED that Supervisor Secor is authorized to execute all appropriate contracts with Casale Excavating, Inc.

2009-111)

Withdrawn: Amended resolution 2008-407 adopted on October 23, 2008 authorizing execution of a contract for Water Tower Property Legal Services relative to Water System Improvements DWSRF #17357 with Tabner, Ryan and Keniry, LLP to increase the authorized amount from $15,000 to an amount not to exceed $20,000.

2009-112)

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

Name Number of Units
Baries, Frederick 6
Clow, Robert 1
DiPasquale, Ann Marie 1
Field, George 1
Gaylord, Donald 1
Leavenworth Trailer Park
Clemens Buck 17
Maier, Anthony 1
Rapin, Mary Joy 1

2009-113)

Authorize Town Clerk Donna Conlin and Deputy Clerk Karen Vecchione to attend the annual New York Town Clerk's Association Conference in Rochester, New York April 26 through April 29, 2009. All appropriate expenses, which are estimated to be $766.00 for the Town Clerk and $696.00 for the Deputy Clerk, are to be borne by the Town.

2009-114)

Authorize Supervisor Secor to execute a maintenance agreement, including parts and labor, with Eastern Copy for the Muratec 2030D copier in the Justice Court office, ID#144CH, for the period February 2, 2009 to February 2, 2010 for $396.00. Contracts includes 24,000 copies annually with an overage charge of $0.1575 per copy.

2009-115)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-0148 to 09-0344 on Abstract No. 02-09, in the amount of $2,134,525.90, including the claims paid ($937,270.54) since the previous town board meeting.

2009-116)

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

Actions of the Town Board, February 26, 2009

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

2009-117)

Appoint Walter Wheeler as Webmaster for salary set forth in the Year 2009 adopted budget.

2009-118)

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

WHEREAS, libraries are a cornerstone for our democratic society and enable individuals to make informed decisions about their self-governance by promoting unrestricted access to information and by serving as community centers for lifelong learning, and

WHEREAS, libraries are essential to national literacy, learning and a productive economy, and

WHEREAS, in a world undergoing constant change, libraries provide enduring connections to the past and future of our communities, nations and civilizations, and

WHEREAS, since 1909 Castleton Public Library has provided residents of Castleton and Schodack with access to important research and information about consumer topics, health, recreation, economics, environmental issues, employment, business opportunities, and countless other subjects to improve living conditions and to help our residents live more productive and fulfilling lives, and

WHEREAS, in 1906 an endowment of 250 books, originally donated by tthe Brooklyn Public Library, to a few ladies of the Reformed Church in Castleton who decided to begin a library, and

WHEREAS, the Castleton Library Association was formed in January 1908 with Arthur C. Cheney as its first president, and

WHEREAS, by-mid February 1909 the young library was ready to begin "its labor of love" to all the people of Castleton and its vicinity, and

WHEREAS, the first distribution of books took place on February 19, 1909 in a small room in the New York Central building located at corner of Scott Avenue and Main Street, and

WHEREAS, early supporters of the Library included children's book illustrators Dorothy Lathrop and Mrs. Samuel Cheney, who urged community residents to donate books and money to this cause, with the Cheney Fund still underwriting these important initiatives at the time of this milestone anniversary, and

WHEREAS, on April 1, 1909 the Castleton Public Library was granted a charter by the State of New York to serve the Town of Schodack and Village of Castleton, and

WHEREAS, upon approval of the Charter, the Castleton Village Board took action to allot $100 to expend on new books, which was matched by New York State and, as of July 1909, the Library housed 802 books, had 372 readers and 111 members, and

WHEREAS, when the library outgrew its first home, the Band Building located behind the McKnight Firehouse on First Street became its second home, and

WHEREAS, in 1927 the Village Board invited the library to join them at the Village Hall at 85 Main Street where they donated two rooms with utilities for the Library to use, and

WHEREAS, in the mid-1970s the Castleton Public Library joined the Upper Hudson Library Federation significantly broadening patron choices by providing access to an interlibrary loan system, a gateway to thousands of additional books and media through other participating libraries, and

WHEREAS, in 1977 Claire Goodlow and Alice Walsh embarked on cataloging the Library's contents and volunteers Sharon Bamberger, Barbara Gershman, Jean Hutchings and Nancy Wasson continued the work, and

WHEREAS, the Castleton Public Library provides residents of Castleton and Schodack with access to leisure reading, important research and information about consumer topics, health, recreation, economics, environmental issues, employment, business opportunities, and countless other subjects to improve living conditions and to help our residents live more productive and fulfilling lives, and

WHEREAS, youth programs and community outreach offered by the Library have expanded with regular story hours, teen game nights, book discussion groups, Summer Reading Program, family movie nights, informational meetings on a variety of topics and a close and cooperative relationship with the schools and civic organizations in the area, and

WHEREAS, the Library has grown to 10,000 plus volumes and fills the entire right half of the Village Hall and boasts 1600 plus registered borrowers, and

WHEREAS, the Castleton Public Library has been awarded recognition from the Upper Hudson Library System, New York Library Association and nationally by Library Journal, who named the library runner up "Best Small Library in America' 2008

NOW, THEREFORE, BE IT RESOLVED, that the Legislative Body of the Town of Schodack commends and congratulates the Castleton Public Library upon its 100 years of vital service to our community, and

BE IT FURTHER RESOLVED, that the Town Supervisor present a certified copy of this resolution suitably engrossed to the Castleton Public Library on the occasion of its 100th Anniversary Celebration on March 7, 2009.

2009-119)

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 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 on 12th of February received notice that the My Place and Company 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 My Place and Company at 1640 Columbia Turnpike, 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.

2009-120)

WITHDRAWN: Select engineering proposal for repair of a drainage problem at the Transfer Station.

2009-121)

WITHDRAWN: Authorize Kathleen A. Blake Payroll/Personnel Clerk to post internally the position for part-time laborer at the Transfer Station.

2009-122)

Authorize Supervisor Secor to accept proposal and execute agreement dated January 27, 2009 with Capstone Appraisal Group to prepare a preliminary and trial ready appraisal report relative to Tax Map Parcel No.220.-3-8.2 in Article 7 Proceedings entitled Hannaford Bros. Co. -v- Town of Schodack in an amount not to exceed $8,600. 2009-123)

WITHDRAWN: Authorize Supervisor Secor to contract with musicians to perform at the 2009 Music in the Park as follows:

June 2nd $
June 16th $

2009-124)

Authorize Supervisor Secor to accept proposal dated and execute the engagement letter with Leavenworth & Co. CPA, PLLC for the independent audit of the Schodack Landing Sewer District No. 8 Capital Project in an amount not to exceed $7,000.00.

2009-125)

Authorize Supervisor Secor to accept proposal and execute agreement dated February 26, 2009 with Upstate Appraisal Services, Inc., to prepare preliminary evaluations relative to Article 7 Proceedings entitled Evergreen Country Club (Bove) -v- Town of Schodack (Tax Map No. 188.-5-5.11, 189.15-4) in an amount not to exceed $1,600 and Hamilton Industrial Corp. -v- Town of Schodack (Tax Map No. 198.-4-1.11) in an amount not to exceed $1,000.

2009-126)

Authorize Sharon Martin, Sole Assessor to attend a Continuing Education Class entitled "Green Construction" at Manfred Real Estate Learning Center in Latham, New York on March 26, 2009. All appropriate expenses, which are estimated to be $117.82, are to borne by the Town. [Item is a 2009 Budgeted training]

2009-127)

Authorize Supervisor Secor to execute plumbing proposal dated January 13, 2009 with Empire State Plumbing Inc. for maintenance and conservation improvements of existing plumbing at the Town Hall in an amount not to exceed $2,575. (2009 Budgeted item)

2009-128)

Authorize Supervisor Secor to execute electrical proposal dated February 13, 2009 with AAA Santore Electric for maintenance and conservation improvements of existing outside fixtures at the Town Hall in an amount not to exceed $2,800.00. (2009 Budgeted item)

2009-129)

Amend resolution 2008-407 adopted on October 23, 2008 authorizing execution of a contract for Water Tower Property Legal Services relative to Water System Improvements DWSRF #17357 with Tabner, Ryan and Keniry, LLP to increase the authorized amount from $15,000 to an amount not to exceed $17,500.

2009-130)

Authorize Hanson Van Vleet, LLC to develop, prepare and finalize a Well Head Protection Area (WHPA) Program as set forth in their proposal dated February 24, 2009 for an amount not to exceed $5,000.

2009-131)

Authorize Supervisor Secor to execute Mini Grant Application for $500 to New York Council for the Humanities (Hudson-Fulton-Champlain Quadricentennial) to underwrite costs of May 17th lecture by Len Tantillo concerning "Current Research on the Early Dutch Colony."

2009-132)

WHEREAS, the local share of sales tax for the County of Rensselaer (including its cities and towns) was increased by one percent in 1994 by act of the New York State Legislature in order to stabilize finances during a period of economic downturn, and

WHEREAS, current economic factors threaten the fiscal well being of all levels of government in the County of Rensselaer, and

WHEREAS, it is estimated that loss of said one percent local share of sales tax would result in a reduction in the sales tax distribution of $316,764.50 to this municipality alone, and

WHEREAS, the additional one percent local share of sales tax in the County of Rensselaer will expire on November 30, 2009, unless extended by State legislative action,

NOW, THEREFORE, BE IT RESOLVED that the New York State Senate and Assembly are hereby requested to draft and introduce legislation extending the additional one percent local share of sales tax in the County of Rensselaer for the period commending December 1, 2009 and ending on November 30, 2011, and

BE IT FURTHER RESOLVED that the Town Clerk shall transmit certified copies of this resolution to State Senator Roy J. McDonald and Assemblyman Timothy P. Gordon to demonstrate the support of the Town Board of the Town of Schodack for this legislative action.

2009-133)

WITHDRAWN: WHEREAS, the Town of Schodack has endeavored to be supportive of farming, protective of farmland and open space and to recognize the traditions and importance of farming on the heritage and future of our town, and

WHEREAS, there are programs funded by New York State to help protect farmland and open space, with Rensselaer County among those entities participating through the County's Agricultural and Farmland Protection plan, which allows for properties in the county to receive funding for the purchase of development rights to allow for the continued operation of farms and the protection of farmland and open space, and

WHEREAS, the Town of Schodack is eligible to participate in the farmland protection efforts offered by Rensselaer County and other entities receiving State funding for protection efforts, and

WHEREAS, during the past several years, Rensselaer County has been designated to receive State funding for a total of eight protection projects, including the designation for funding for four farmland protection projects in 2007, more than any other county in New York State, and

WHEREAS, the need for protection of farmland and open space in upstate New York and Rensselaer County is greater than ever, given the current market conditions and economic difficulties facing remaining farmers in the county, along with ongoing development pressures and the desirability of farmland for development purposes, and

WHEREAS, unfortunately, the proposed 2009-2010 state budget now under consideration by the New York State Legislature includes a dramatic reduction in funds for farmland protection efforts, a significant reduction from the 2008-2009 level of $30 million to a proposed level of $1.75 million, and

WHEREAS, such a dramatic reduction will limit the State's capability to fund farmland and open space protection efforts, including those in Rensselaer County and the Town of Schodack, at a crucial time,

NOW, THEREFORE, BE IT RESOLVED that the Schodack Town Board does hereby oppose the reduction of farmland protection program funds in the 2009-2010 State budget, and urges restoration of the funds, and

BE IT FURTHER RESOLVED that the Town Clerk is hereby directed to transmit certified copies of this Resolution to Governor Paterson, Senator Roy J. McDonald and Assemblyman Timothy P. Gordon."

2009-134)

Authorize the establishment of Capital Project HO31 for Landfill Drainage Project with budget as follows:

Appropriations in the amount of $14,500.00 in account 8160.2 to be funded by interfund loan from General Fund A.

2009-135)

WHEREAS, a drainage problem has arisen at the Town landfill, and

WHEREAS, the Town requested and received proposals to address the problem from five (5) engineering firms as follows: Erdman Anthony & Associates ($10,900.00); Crawford & Associates Engineering ($10,000.00); Barton & Loguidice ($14,500.00); CT Male ($23,400.00); and J. Kenneth Fraser & Associates ($9,600.00), and

WHEREAS, the Town Board has determined to accept the proposal of Barton & Loguidice for a total cost of $14,500.00,

NOW, THEREFORE, BE IT RESOLVED that the Town accepts the proposal of Barton & Loguidice for a total of $14,500.00, and

BE IT FURTHER RESOLVED that Supervisor Secor is authorized to sign said proposal on behalf of the Town.

Actions of the Town Board, March 12, 2009 (Actions of March 26 & Mar 31, below)

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

2009-136)

Authorize Town Clerk to publish a legal notice of Public Hearing to be held on Thursday, April 9, 2009 at 7 p.m. relative to Franchise Renewal Agreement with Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Cable.

2009-137)

Withdrawn: WHEREAS, the Town of Schodack is the owner of real property described as Tax Map Number 189.-7-3.11/1, and

WHEREAS, on or about March 31, 1999, the Town entered into an Option and Lease Agreement to assign a 1993 Lease Agreement to Crown Atlantic Company, LLC, a Delaware corporation, for lease of a portion of said real property together with a right-of-way for access, and

WHEREAS, in 2008 Crown Atlantic Company, LLC, requested an extension to said Agreement for eight (8) additional five (5) year terms at the expiration on October 31, 2013, and

WHEREAS, the Town Board exercised due diligence to review comparable lease agreements and investigate associated economics, and

WHEREAS, the Town Board is satisfied that the terms and conditions negotiated with Crown Atlantic Company, LLC, are in the best public interest to accept,

NOW, THEREFORE, BE IT RESOLVED that Supervisor Secor is authorized and directed to execute the Amendment to Lease Agreement and TP-584 as submitted.

2009-138)

Amend resolution 2009-108 to withdraw ESAC (Empire State Appraisal Consultants, Inc.) and to substitute Upstate Appraisal and to further authorize said Upstate Appraisal to prepare a preliminary and trial ready appraisal report relative to Tax Map Parcel Numbers 178.-12-4 and 189.-11-5 in an Article 7 Proceedings entitled Darwin Delappa -v- Town of Schodack in an amount not to exceed $2,900, which reflects a reduction of $3,300.

2009-139)

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

Name Number of Units
Cedar Acres
Garden Homes Mgmt. Corp. 21
Curtis Trailer Park
Garden Homes Mgmt. Corp. 70
Freeman, Donna 1
Pecorano, Thomas 1
Saville, Richard and Rita 1
Skarzynski, Kim and Jerry 1
Souder, Harvey 1

2009-140)

Appoint Stuart McKnight to the part-time position of Park Manager at an hourly rate of $17.50 as set forth in the Year 2009 adopted budget.

2009-141)

Withdrawn: Authorize the Police Chief to execute three (3) year lease agreement for two (2) new police vehicles, appropriately equipped, from State Contract. [Budgeted item]

2009-142)

WHEREAS, by resolution 2007-304 adopted on July 12, 2007, the Town Board determined that Town-owned real property located on Prestwick Drive [Tax Map # 189.1-11-23], Town of Schodack, New York and known as the "Golf View Lot" and "Golf View Pump House" were no longer needed by the Town or Water District No. 4 for water supply purposes, and

WHEREAS, said parcel was the site of three wells that previously supplied water to Water District No. 4, said wells being previously abandoned by the Town Board pursuant to all applicable rules and regulations, and

WHEREAS, resolution 2007-304 further authorized Capstone Appraisal to prepare an opinion of market value of said parcel, and

WHEREAS, pursuant to correspondence dated August 2, 2007, Capstone Appraisal Group, Inc., did evaluate the market value of said parcel, and

WHEREAS, by resolution 2007-328 adopted August 9, 2007 the Town Board authorized Supervisor Secor to make the property ready for sale, advertise for bids to purchase said property, and

WHEREAS, resolution 2007-328 further directs the offer of sale for said property for fair and adequate consideration subject to permissive referendum, and

WHEREAS, by resolution 2008-468 adopted on December 11, 2008, the Town Board retained David Wicks of Patroon Abstract Corp. to clarify title issues relative to the above-referenced real property, and

WHEREAS, by correspondence dated March 2, 2009, Patroon Abstract Corp. resolved and clarified the title issues and "found no restrictions or impediments which would interfere with the Town selling the 6.93 acre parcel,"

NOW, THEREFORE, BE IT RESOLVED to authorize Supervisor Secor to prepare said surplus 6.93 acre parcel [Tax Map No. 189.1-11-23], together with all surplus equipment and appurtenances, located in the Golf View subdivision for sale, subject to permissive referendum.

2009-143)

Retain Bryan Goldberger, Esq., of Goldberger & Kremer for representation in labor matters, more particularly negotiation of a collective bargaining agreement with CSEA Local 1000 [Rensselaer County Local 842], at the hourly rate of $195. This authorization shall not exceed $3,000 without further action of the Town Board.

2009-144)

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

Decrease A.2. by $4,265.63 from $10,521.12 to $6,255.49 (Administrative Bonding)
Decrease A.3. by $1,953.54 from $2,000.00 to $46.46 (Grant Administration)
Decrease A.6. by $2,000.00 from $9,000.00 to $7,000.00 (Single Audits)
Increase C.1.a. by 26,491.76 from $1,748,114.45 to $1,774,606.21 (Construction - WWTP)
Decrease C.2.b. by $33.12 from $2,315.44 to $2,282.32 (Construction - Town Labor)
Decrease D.1. by $18,239.47 from $32,592.70 to $14,353.23 (Contingency)
Net change to budget equals $0.00

2009-145)

Authorize Supervisor Secor to execute Change Order No. 7 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 $26,491.76, upon approval from USDA Rural Development, consisting of the following: (A) furnish and deliver three 1,500 gallon and one 2,000 gallon septic tanks for future installation on existing properties that were unable to hook into the system during the construction period in the amount of $18,639.76 and (B) to furnish, install program and integrate temperature and pH measurement in the treatment plant controls in the amount of $7,852.00.

2009-146)

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 3rd day of March received notice that Sue Goold Miller doing business as Brookview Station Winery at Goold Orchards has applied for a renewal of its Class 302-FW farm winery 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 Sue Goold Miller doing business as Brookview Station Winery at Goold Orchards at 1297 Brookview Station Road, Schodack, New York for a license to produce and sell wine, the Schodack Town Board does express a favorable opinion as to said application.

2009-147)

Authorize payment to Patricia Sweeney for reimbursement of $90 for a drive-by appraisal and $493 in legal expenses incurred to secure release of the mortgage for the portion of Tax Map # 200-7-27, the site of the Water District No. 9. pump station on U.S. Route 20 in a total amount not to exceed $583. [Water District No. 9 capital project contingency budget]

2009-148)

Authorize Supervisor Secor to execute proposal dated March 10, 2009 with Family Danz Heating and Air Conditioning for heating system repair work at the Highway garage in an amount not to exceed $1,550.

2009-149)

Amend resolution 2009-127 adopted February 26, 2009 Empire State Plumbing Inc. to include two additional items [Snaking the lavatory drains and Breakroom sink] to resolve a problem discovered while the plumber was performing the maintenance and conservation improvements in the town hall building. This additional work costs $828 and increases the total amount not to exceed $3,403. [2009 Budgeted item]

2009-150)

Withdrawn: WHEREAS, the Town Board of the Town of Schodack on February 12, 2009 authorized the Town Clerk to publish a legal notice to solicit sealed bids for one (1) Dump Truck with sander, plow and wing attachments pursuant to specifications prepared by the Superintendent of Highways and said notice having appeared on February 23, 2009, and

WHEREAS, the Town Board of the Town of Schodack received one (1) bid with four (4) options which were opened on March 11, 2009 for a Dump Truck with sander, plow and wing attachments, and

WHEREAS, the bid and options were opened in accordance with its notice and are as follows: H.L. Gage Sales, Inc./Henderson Truck Equipment/ Option 1, bid in the amount of $169,027.00; H.L. Gage Sales, Inc./Zwack Inc. Equipment/ Option 2, bid in the amount of $172,985.00; H.L. Gage Sales, Inc./T & T Body King, Inc./Option 3, bid in the amount of $173,914.00 and H.L. Gage Sales, Inc./Arrowhead Equipment /Option 4, bid in the amount of $174,015.00, and

WHEREAS, the bid and options 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 the Highway Superintendent, the Town Board hereby accepts the lowest responsible bid option from ______________.

2009-151)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-0345, 0346, 0348 to 09-0473 on Abstract No. 03-09, in the amount of $341,932.83, including the claims paid ($59,371.67) since the previous town board meeting.

2009-152)

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

2009-153)

WHEREAS, on February 26, 2009 the Town Board unanimously adopted Resolution 2009-130 to retain Hanson VanVleet LLC, hydrogeologists, pursuant to a proposed dated February 24, 2009 for a total cost not to exceed $5,000, and

WHEREAS, Hanson VanVleet LLC has evaluated the town hall well field, prepared a well head protection plan (WHPP) and submitted same to the Town Board of the Town of Schodack, and

NOW, THEREFORE, BE IT RESOLVED that the Town Board accepts the Well Head Protection Plan (WHPP) prepared by Hanson VanVleet, LLC, and directs the Town Clerk to file same in her office.

The documents provided by HansonVleet are the narrative, a map and a a tax map.

2009-154)

Authorize Supervisor Secor to contract with musicians to perform at the 2009 Music in the Park as follows:

Rick Rourke & Lost Wages June 2nd $600.00
Five + 1 June 16th $300.00

2009-155)

Authorize Supervisor Secor to execute the Memorandum of Understanding between the Town of Schodack and the Schodack/Castleton Community Partnership for the period of October 1, 2009 to September 30, 2010 for continued in-kind supports including, but not limited to, participation in meetings and office and meeting space at the town hall.

Actions of March 26, 2009

2009-156)

Ratify and affirm that Councilman Stinner and Supervisor Secor authorized the Building Department to issue a permit for an emergency connection to Water District No. 8 and waived collection of the connection fee on Tax Map Parcel #178.9-1-11 pending review of the fee structure by the Town Board and opinion of legal counsel.

2009-157)

WITHDRAWN: "WHEREAS, the Town of Schodack is the owner of real property described as Tax Map Number 189.-7-3.11/1, and

WHEREAS, in 2008 Crown Atlantic Company, LLC, requested an extension to said Agreement for eight (8) additional five (5) year terms at the expiration on October 31, 2013, and

WHEREAS, the Town Board exercised due diligence to review comparable lease agreements and investigate associated economics, and

WHEREAS, the Town Board is satisfied that the terms and conditions negotiated with Crown Atlantic Company, LLC, are in the best public interest to accept,

NOW, THEREFORE, BE IT RESOLVED that Supervisor Secor is authorized and directed to execute the Amendment to Lease Agreement and TP-584 as submitted."

2009-158)

Authorize the Supervisor Secor to execute three (3) year lease agreement for two (2) new police vehicles, appropriately equipped, pursuant to State Contract. [Budgeted item]

2009-159)

WHEREAS, the Town Board of the Town of Schodack on February 12, 2009 authorized the Town Clerk to publish a legal notice to solicit sealed bids for one (1) Dump Truck with sander, plow and wing attachments pursuant to specifications prepared by the Superintendent of Highways and said notice having appeared on February 23, 2009, and

WHEREAS, the Town Board of the Town of Schodack received one (1) bid with four (4) options which was opened on March 11, 2009 for a Dump Truck with sander, plow and wing attachments, and

WHEREAS, the bid with options was opened in accordance with its notice and is as follows: H.L. Gage Sales, Inc./Henderson Truck Equipment/Option 1, bid in the amount of $169,027.00; H.L. Gage Sales, Inc./Zwack Equipment, Inc./ Option 2, bid in the amount of $172,985.00; H.L. Gage Sales, Inc./T & T Body King, Inc./Option 3, bid in the amount of $173,914.00 and H.L. Gage Sales, Inc./Arrowhead Equipment /Option 4, bid in the amount of $174,015.00, and

WHEREAS, the bid with options was 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 the Highway Superintendent dated March 24, 2009, the Town Board hereby determines that Option 1 from H.L. Gage Sales, Inc./Henderson Truck Equipment is rejected for failure to meet specifications #6, #22, #26 and that the tarp is not automatic, and

BE IT FURTHER RESOLVED, that the Town Board does hereby accept the option of H.L. Gage Sales, Inc./T&T Body King, Inc., in the amount of $172,964.00, being their bid of $173,914.00 less the deduction of $950 for a poly overlay on the reversible plow, which results in this option being the lowest responsible bid.

2009-160)

WHEREAS, on February 12, 2009 the Schodack Town Board approved by resolution (2009-094) the Volunteer Ambulance Workers Service Award Program List of all 2008 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 was posted for thirty (30) days as required by law, and

WHEREAS, on March 22, 2009 they certified changes that were made to the listing and they provided a detailed explanation which did change the number of volunteers receiving the award, although the number of accrued points for Lynn Kane and David Jones did change,

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, the requirements of the Service Award Programs (SAP), the eligibility of persons to be paid benefits and the amount of benefits to be paid to eligible persons.

2009-161)

Reappoint George Mesick as a member Board of Assessment Review. Term is to expire September 30, 2013 at a per meeting rate as set forth in the Year 2009 adopted budget.

2009-162)

WITHDRAWN: "Authorize Dispatchers Marcia Albert and Michelle Dellavecchia to attend Microsoft Excel 2-day Seminar at Clarion Hotel on May 14th and 15th in Albany, New York at an estimated total cost of $344.60 ($172.30 each). [A budgeted item]"

2009-163)

WHEREAS, in the year two thousand nine, the Maple Hill Varsity Boys' Basketball Team established new school records and earned accolades as their fans cheered them on from the courts of Hudson Valley Community College to the Glens Falls Civic Center, and

WHEREAS, the Varsity Wildcats earned top honors as Patroon Conference Champions, garnering first place in the Section II Class CC division, winning Regional games to participate in State competition and ending in second place in the New York State Class C competition with an overall season record of 26 wins and 2 losses, and

WHEREAS, the championship team is comprised of the following players: Trent Tibbitts, Sean Danaher, Jaime Schultz, Christopher Despart, Adrian Donnelly, David Briggs, Jake Jasiewicz, Patrick Curtin, Dominic Prinzo, Alex Eldert, Adam Fuller, Joe Dugan, Mike Doughtie, Jeremy Oles and Payne Morgan, and

WHEREAS, the Wildcats were coached by Scott Hanrahan and Assistant Coaches Lucas Ashby, Dave Austin and Pat Austin who expressed confidence in their team throughout the season, guiding them to hone their basketball and team work skills to achieve their goal to be champions, and

WHEREAS, the Wildcats were defeated once during the regular season to claim the Patroon Conference crown with a record of 17-1 and were awarded the No. 1 seed in the Sectionals competition, and

WHEREAS, the Wildcats defeated Stillwater 51-48 to capture the 2009 Class CC/C Sectional title and the right to represent Section II in the Class C Regional Tournament, and

WHEREAS, the Wildcats bested opponents decisively to claim the New York State Class C Regional Championship, and

WHEREAS, the Wildcats won the New York State Class C Semi-Final round with a score of 77-51 over Onondaga (Section III) and advanced to the New York State Class C Final to be the first Maple Hill hoop team to advance to a New York State Final competition, and

WHEREAS, the squad played an outstanding game against Avon -demonstrating team work, school spirit and pride and taking 2nd Place in the New York State Class C Final game, being edged out by a score of 61-55, and

WHEREAS, following the Section II Tournament, Trent Tibbitts was named the Most Valuable Player, Jaime Schultz earned the All Tournament Team designation, Sean Danaher garnered the NYS Class C Sportsmanship Award, Adrian Donnelly won the Section II Scholar-Athlete Award, and Trent Tibbitts and Jaime Schultz were named to the State Tournament Class C, and

WHEREAS, Trent Tibbitts was named 1st Team Patroon Conference and Sean Danaher was selected 2nd Team Patroon Conference,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack commends and congratulates the Maple Hill Boys' Varsity Basketball Team upon their record-setting season, especially their second place finish in the New York State Class C competition, victories in the Regional competitions, first place in the 2009 Section II Class CC/C division, and the Patroon Conference Championship, 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.

2009-164)

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, 2009 with a Six Million Dollar Umbrella, single occurrence with a Twelve Million Dollar aggregate for the premium of $130,867.

2009-165)

Pursuant to correspondence dated March 24, 2009, authorize Barton and Loguidice, P.C. to conduct a survey to verify property boundaries of a portion of the property located at Transfer Station, relative to the erosion issue, in an amount not to exceed $1,500.

2009-166)

WITHDRAWN: "Authorize Sergeant Brian Rossiter to attend the 2009 Yates County Sheriff K9 Seminar for the purpose of recertification from May 3rd through May 7th in Penn Yan, New York at an estimated total cost of $775."

2009-167)

Authorize Supervisor Secor to execute 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 may be allowed by law.

2009-168)

Authorize the purchase of the following equipment for the Schodack Landing Sewer District No. 8 Capital Project to be funded by grant funds from USDA - Rural Development, contingent upon their approval: (1) Enclosed Cargo 6 X 12 Trailer $3,495.00; (2) Hitch Accessories $168.85; (3) Briggs & Stratton PRO Series 8,000 watt portable generator $1,963.81. Additionally authorize a budget amendment to Form E as follows: Increase C.2.c by $5,627.66 from 0.00 to $5,627.66 (Direct Expenditures - Equipment); Decrease D.1 by $5,627.66 from $14,353.23 to $8,725.57; Net change to budget equals $0.00.

2009-169)

Authorize Supervisor Secor to execute a two-year contract with Tech II for Small Business web hosting of Town website for an amount not to exceed $399. (Current contract expires on 4-6-09 and is a budgeted item.)

2009-170)

Authorize Town Clerk to publish legal notice of public hearing to be held on April 23, 2009 at 7:30 p.m. at the Schodack Town Hall to seek public input on Proposed Local Law No. 1 of the Year 2009 to amend Chapter 80 entitled Mass Assembly. Hearing is to be held at the Schodack Town Hall, 265 Schuurman Road, Schodack.

2009-171)

Amend to resolution 2008-361 adopted September 25, 2008 to 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 $180 instead of $175. This authorization shall not exceed five (5) hours and amends the hourly rate only.

2009-172)

Authorize Jennifer L. Mulligan, CPA, Comptroller to execute DR-1827 with FEMA/SEMO for the December 2008 Severe Winter Storm Disaster Number FEMA 127 DR NY.

Actions of March 31, 2009

2009-173)

Authorize S. Secor to ask the Attorney to the Town to advise the Board relative to the necessary legal procedures regarding changing the fire district boundary as discussed at the meeting of 03/31/2009.

Town Board Actions of April 9, 2009 (Actions of April 16 and April 23, below.)

2009-174)

DEFEATED: "WHEREAS, the Town of Schodack is the owner of real property described as Tax Map Number 189.-7-3.11/1, and

WHEREAS, in 2008 Crown Atlantic Company, LLC, requested an extension to said Agreement for eight (8) additional five (5) year terms upon the expiration of the current Lease Agreement on October 31, 2013, and

WHEREAS, the Town Board exercised due diligence to review comparable lease agreements and investigate associated economics, and

WHEREAS, the Town Board is satisfied that the terms and conditions negotiated with Crown Atlantic Company, LLC, are in the best public interest to accept,

NOW, THEREFORE, BE IT RESOLVED that Supervisor Secor is authorized and directed to execute the Amendment to Lease Agreement and TP-584 as submitted."

2009-175)

Authorize Sergeant Brian Rossiter to attend the 2009 Yates County Sheriff K9 Seminar for the purpose of recertification from May 3rd through May 7th in Penn Yan, New York at an estimated total cost of $760.

2009-176)

TABLED UNTIL THE APRIL 23RD MEETING:

"WHEREAS, in the year two thousand nine, the Maple Hill Varsity Girls' Basketball Team earned the Patroon Conference title and won the 2009 Section II Class C crown, and

WHEREAS, the Lady Wildcats were undefeated during the regular Patroon Conference season with a record of 16-0 and to take the championship for the third straight year, and

WHEREAS, the Girls' Varsity Basketball Team compiled an overall season record of 22 wins and 2 losses on their way to capturing the 2009 Section II Class C crown, and

WHEREAS, the Championship team is comprised of the following players: Meeghan Arno, Molly Austin, Jessica Dailey, Kristen DerGurahian, Alyssa Filkins, Paige Gumaer, Samantha Hendrick, Alyssa O'Connor, Anna Racz, Katie Roth, and Chelsea Turley, and

WHEREAS, the Lady Wildcats were coached by Mark Bubniak and Assistants: Bryan Dailey, Seth Hendrick, Mike Racz and Jillian Post 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, Alyssa O'Connor received the Coaches' Award, Katie Roth took the Most Valuable Player distinction and Jessica Dailey was the Most Improved Player, and

WHEREAS, Katie Roth was chosen as Patroon Conference Most Valuable Player, and Jessica Dailey and Meeghan Arno as Patroon Conference 1st team All-Star, and

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

WHEREAS, following the Section II Tournament, Katie Roth was named the Most Valuable Player and Meeghan Arno 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 earning first place honors in the 2009 Section II Class C division and the Patroon Conference Championship for the third consecutive season, and

2009-177)

WHEREAS, the Town of Schodack was impacted by an ice storm that occurred on December 11-12, 2008 and resulted in widespread electrical power outages within the Town and loss of heat in many residences, and

WHEREAS, Supervisor Secor declared a State of Emergency on December 12, 2008 pursuant to the authority vested in her by Article II of the Executive Law of the State of New York, and

WHEREAS, Supervisor Secor directed each fire house located within the boundaries of the Town and the Castleton Volunteer Ambulance Service, Inc., to open emergency shelters and warming stations for residents without electrical power and/or heat, and

WHEREAS, the Castleton Volunteer Ambulance Service, Inc., was the only shelter that was necessary for long-term warming, lodging, and meals during the incident, and

WHEREAS, the Town of Schodack wishes to enter into an agreement to reimburse the Castleton Volunteer Ambulance Service, Inc., for rental of the building to serve as a shelter for residents of Schodack, and

WHEREAS, Castleton Volunteer Ambulance Service, Inc., has a daily rental rate of $400 which is due and payable for five (5) days plus $250 for a partial day for a total amount of $2,250, and

WHEREAS, payment is eligible to be claimed under FEMA Declaration No. FEMA-DR-1827-NY,

Now, therefore, be it resolved to authorize Supervisor Secor to execute a reservation agreement for the rental of a portion of the building owned by Castleton Volunteer Ambulance Service, Inc. as a Town-Wide emergency shelter during said ice storm event [from December 12 through December 17, 2008] and to compensate Castleton Volunteer Ambulance Service, Inc., in the amount of $2,250.

2009-178)

WITHDRAWN: "Authorize Supervisor Secor to execute annual heating system maintenance agreement for the highway garage during the period of April 15, 2009 through April 14, 2010 with _________________in an amount not to exceed $_____."

2009-179)

WITHDRAWN: "Authorize Supervisor Secor to execute the franchise renewal agreement with Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Cable."

2009-180)

WITHDRAWN: "Authorize Supervisor Secor to execute proposal with __________________ to conduct Asbestos Survey of the former Town Hall building located at 1777 Columbia Turnpike for an expenditure not to exceed $_________________."

2009-181)

Bond Resolution Dated April 9, 2009. A Resolution Authorizing the Purchase of a 2010 IHC Model 7500 Dump Truck with Sander, Plow and Wing Attachments, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount Not to Exceed $172,964, 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. [Excerpt-full Resolution posted on Bulletin Board]

2009-182)

WHEREAS, the Town Board, the Fire Commissioners of the Nassau Fire District No. 1 and South Schodack Fire District, together with Nassau and South Schodack line officers, met on Tuesday, March 31, 2009 to discuss fire district boundaries in a portion of the Town of Schodack adjacent to Woodward and Bunker Hill Roads at the intersection of the South Schodack Fire District and the Nassau Lake West Fire District, and

WHEREAS, the origins of fire district boundaries and mapping were reviewed, together with official records of the Town of Schodack as provided by the Town Clerk, and

WHEREAS, all interested parties reviewed applicable tax maps and Emergency 911 dispatch maps which outline district boundaries, and

WHEREAS, the safety of residents and property is the highest priority of all parties hereto, and

WHEREAS, the initial land surveys of fire district boundaries in Rensselaer County in 1957 often were straight lines that transected structures and properties,

WHEREAS, road development within the Town may have, in some instances, resulted in inconsistencies that could negatively impact public safety, and

WHEREAS, the Fire Commissioners of the South Schodack Fire District (FR038) and the Town Board, as Commissioners of Nassau Lake West Fire Protection District (FR035), have proposed boundary alterations adjacent to Woodward and Bunker Hill Roads, more specifically Tax Map Numbers/ Street Address:

FR038 221.-5-4.2 Woodward Road (in its entirety)
FR038 221.-5-3.19 Woodward Road (in its entirety)
FR038 221.-4-1.12 155 Woodward Road
FR038 221.-4-3.1 159 Woodward Road
FR038 221.-4-1.112 Woodward Road
FR038 221.-4-5.12 Woodward Road
FR038 221.-4-1.115 Woodward Road
FR038 221.-4-1.21 Woodward Road
FR038 221.-4-1.22 Woodward Road
FR038 221.-4-1.113 Woodward Road
FR038 221.-4-1.111 126 Woodward Road
FR038 221.-4-1.114 Woodward Road
FR035 221.-5-2 410 Bunker Hill Road
FR035 221.-5-3.11 429 Bunker Hill Road (a 2.55 acre portion located on
the easterly side of Bunker Hill and McClellan Roads)

Now, therefore, be it resolved to direct the Town Clerk to publish notice of a joint hearing to seek public comment relative to the proposed boundary alterations on Thursday, April 23, 2009 at 7:45 p.m. at the Schodack Town Hall, 265 Schuurman Road, Schodack.

2009-183)

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
Creekside Park/DCJ Enterprises, LLC 52
Davis, John H. 1
Miller, Ed 3
Miller, Sue 2
Rensselaer Estates/DCJ Enterprises, LLC 53

2009-184)

Amend Resolution 2009-103 as adopted on February 12, 2009 to substitute Tri-County Banjo Band for 2 Broads with Alotta Sound as the musical performers on Tuesday, June 23rd at Music in the Park for a total amount not to exceed $300.

2009-185)

To amend resolution 2008-080 adopted January 24, 2008 to expand the survey area for a traffic safety evaluation to be undertaken by New York State Department of Transportation to include the Route 9 corridor between Graw Road and Duck Pond Road North. There is no cost to the Town of Schodack.

2009-186)

Authorize Sheila Golden, Director of Youth and Recreation to attend the Certified Pool Operator Course at Shenendahowa High School, Clifton Park, NY instructed by Bob Richards, Pool and Spa RX on April 14 & 15, 2009. Total cost, including mileage, is estimated at $380.60.

2009-187)

Authorize Supervisor Secor to execute proposal with Den Besten Enterprises for an inline chipper, 1000 hp, for chipping and grinding storm debris collected and currently accumulated at the Transfer Station relative to the December 2008 Ice Storm at an daily rate of $3,500.00 in an amount not to exceed $10,500.00. [estimates vary from 2-4 days]

2009-188)

Authorize Jennifer L. Mulligan, CPA, Comptroller and Cherie Gitto, Staff Accountant to attend Ninth Annual Town Finance School May 14-15, 2009 in Saratoga, New York. Cost of the School is estimated at $245 each, or total cost of $490, as budgeted.

2009-189)

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 14 through 17, 2009 at an estimated total cost of $677,as budgeted.

2009-190)

Authorize Supervisor Secor to execute contract with Capstone Appraisal Group, Inc., for Final Litigation Appraisal relative to Fox Hollow, LLC [Tax Map #189.-2-1.1] in an amount not to exceed $2,500.

2009-191)

WITHDRAWN: "Authorize David L. Gruenberg, Esq. to represent the Town Board of the Town of Schodack in an Article 78 proceeding to be commenced against Rensselaer County as it relates to improper seizure of sales tax revenue due to the Town pursuant to the sales tax distribution formula. Said legal services are to be billed at an hourly rate of $150."

2009-192)

Authorize Supervisor Secor to execute contracts with Koester and Associates for $1,650 for provision of yearly operational inspection and preventive maintenance of lift stations at Sewer District #2 and #6.

2009-193)

Authorize Supervisor Secor to execute the Hudson-Fulton-Champlain Quadricentennial Logo Use Agreement to obtain the non-exclusive right to use the ExploreNY400 logo on products and materials for Town-Village Quad events, pursuant to the agreement beginning April 1 through December 31, 2009. [There is no associated cost for this request.]

2009-194)

Authorize Supervisor Secor to execute an Agreement and Easement, in a form approved by the Attorney to the Town, between the Town and Rensselaer County to allow the Town to remove ice storm debris from residential properties along County roads located within the Town of Schodack and to be reimbursed for said debris removal and disposal services by FEMA, SEMO and any other involved agencies.

2009-195)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-0347, 09-0474 to 09-0636 on Abstract No. 04-09, in the amount of $454,987.05, including the claims paid ($312,508.28) since the previous town board meeting.

2009-196)

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

Actions of April 16 (Special Meeting) (April 23, below)

2009-197)

WHEREAS, the Town of Schodack (the "Town") is the owner of a parcel of land located on the north side of State Route 150, approximately 1,000 feet east of the intersection with State Routes 9 and 20 in the Town of Schodack, Rensselaer County, State of New York, known as the Town Hall Wellfield (the "Premises") and identified by Tax Map identification number 189.-10-3.11/1, and

WHEREAS, Joseph P. Lucey and Mary E. Lucey, his wife, are the owners (the "Licensee") of a parcel of land consisting of 55.89 acres, more or less, adjoining the Premises to the west and identified by Tax Map identification number 189.-10-1, and

WHEREAS, the Licensee has requested that the Town provide them with a License to use a portion of the Premises for ingress and egress to their adjoining parcel as identified on the map annexed hereto as Figure "A,"

WHEREAS, as a result of negotiation between the Town Board and representatives of Licensee, the Town is willing to grant a License for ingress and egress, subject to the Town Hall Wellfield Well Head Protection Plan, approved March 12, 2009 by the Schodack Town Board, upon the terms and conditions set forth therein, and

WHEREAS, the Town Board has determined that this License Agreement serves a public purpose for the reasons, among others, that in consideration of the grant of this License, the Licensee has agreed to grant the Town an easement across their property for the purposes of constructing, installing and maintaining water mains and other public water supply facilities, and

WHEREAS, the Licensee's use shall not interfere with the Town's public water supply, the Town Hall Wellfield or other Town use of the Premises,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack does hereby authorize Supervisor Secor to execute a License Agreement between the Town of Schodack and Joseph P. Lucey and Mary E. Lucey, his wife, for ingress and egress as set forth herein.

2009-198)

WHEREAS, Joseph P. Lucey and Mary E. Lucey, his wife, are the owners (the "Owners") of a parcel of land consisting of 55.89 acres, more or less, identified by Tax Map identification number 189.-10-1 (the "Premises"), and

WHEREAS, the Town of Schodack wishes to construct, install and maintain public water supply utilities including appurtenant structures across, under and on the Premises, and

WHEREAS, the Town Board of the Town of Schodack has negotiated with the Owners and/or their representatives and has reached an agreement relative to the terms and conditions of a Utility Easement and Temporary Construction Easement,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack does hereby authorize Supervisor Secor to execute a Utility Easement and Temporary Construction Easement between the Town of Schodack and Joseph P. Lucey and Mary E. Lucey, his wife, to allow construction of the aforesaid public water supply utilities on the Premises.

Actions of April 23, 2009

2009-199)

WHEREAS, in the year two thousand nine, the Maple Hill Varsity Girls' Basketball Team earned the Patroon Conference title and won the 2009 Section II Class C crown, and

WHEREAS, the Lady Wildcats were undefeated during the regular Patroon Conference season with a record of 16-0 and claimed the championship for the third straight year, and

WHEREAS, the Girls' Varsity Basketball Team compiled an overall season record of 22 wins and 2 losses on their way to capturing the 2009 Section II Class C crown, and

WHEREAS, Katie Roth was chosen as Patroon Conference Most Valuable Player, and Jessica Dailey and Meeghan Arno as Patroon Conference 1st team All-Stars, and

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

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

2009-200)

Authorize Supervisor Secor to execute an annual heating system maintenance agreement for the highway garage during the period of May 1, 2009 through April 30, 2010 with Crisafulli Bros. Plumbing and Heating Contractors, Inc., in an amount not to exceed $625. Other applicable rates and discounts are set forth in the proposed Maintenance Agreement dated April 20, 2009.

2009-201)

WITHDRAWN: " Authorize Supervisor Secor to execute the franchise renewal agreement with Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Cable."

2009-202)

Authorize Supervisor Secor to execute proposal with AEC LLC to conduct Asbestos Survey of the former Town Hall building located at 1777 Columbia Turnpike for an expenditure not to exceed $1,265.00.

2009-203)

WHEREAS, Sarah Heitzman, daughter of Diana and George Heitzman, earned the Gold Award, the highest award a Girl Scout may earn, and

WHEREAS, as a member of in Troop 1864 since kindergarten, Sarah completed all required steps previous to undertaking the Gold Award project as a Girl Scout, and

WHEREAS, in order to earn her Bronze Award Sarah 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, Sarah earned her Silver Award in 2005 creating pillowcases filled with books and stuffed animals in conjunction with project "Sweet Dreams" for the Ronald McDonald House in Albany, New York, and

WHEREAS, as their Gold Award project, Sarah worked along with Rebecca Godfrey, Lauren Strainge and Bryn Schockmel to renovate two rooms at the Unity House Domestic Violence Center in Troy, New York, and

WHEREAS, this project was designed to make a more comfortable and safe home for the women and their children who rely on the Unity House, and

WHEREAS, experiencing the women's heartfelt gratitude for the comforts of the completed rooms left a lasting impression on Sarah, and

WHEREAS, Sarah is a Senior at Maple Hill High School, where she is a member of the National Honor Society and founder of the Environmental Club, and

WHEREAS, Sarah is an avid equestrian, participating in both English and Western disciplines on her standard-bred horse, Moonshine, and

WHEREAS, Sarah will pursue a career in biochemistry at Nazareth College in Rochester in the fall, where she will be a member of the College's Equestrian team, and

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

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

2009-204)

WHEREAS, Rebecca Ann Godfrey, daughter of Lavina and Edwin Godfrey, granddaughter of Lavina Morgia and great granddaughter of Lavina Miller, earned the Gold Award, the highest award a Girl Scout may earn, and

WHEREAS, as a member of Troop 1864 since kindergarten, Rebecca completed all required steps previous to undertaking the Gold Award project, and

WHEREAS, in order to earn her Bronze Award Rebecca 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, Rebecca earned her Silver Award in 2005 creating pillowcases filled with books and stuffed animals in conjunction with project "Sweet Dreams" for the Ronald McDonald House in Albany, New York, and

WHEREAS, as their Gold Award project, Rebecca worked along with Sarah Heitzman, Lauren Strainge and Bryn Schockmel to renovate two rooms at the Unity House Domestic Violence Center in Troy, New York, and

WHEREAS, this project was designed to make a more comfortable and safe home for the women and their children who rely on the Unity House, and

WHEREAS, experiencing the women's heartfelt gratitude for the comforts of the completed rooms left a lasting impression on Rebecca,

WHEREAS, Rebecca is a Senior at Maple Hill High School, where she has served in Student Council for the past four years, and currently serves as Secretary of the Senior Class, and was a member of Track & Field and Cross-Country teams for two years, and

WHEREAS, Rebecca is an active, five-year member of St. George's Episcopal Church's Youth Group, where she has participated in a service-oriented mission trip to Juarez, Mexico and volunteered monthly at a soup kitchen in Troy, New York for the past four years , and

WHEREAS, Rebecca will pursue a career in forensic psychology at SUNY Potsdam in the fall, and

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

BE IT FURTHER RESOLVED, that the Town Supervisor present a copy of this resolution, suitably engrossed to Rebecca Ann Godfrey.

2009-205)

Amend the 2009 Building Department fee schedule to reflect no charge for the first forty (40) water meters installed in Water District No. 9. Pursuant to the establishment of Water District No. 9, the cost of the initial water meters was allocated to be a district expenditure.

2009-206)

Authorize Supervisor Secor to issue Bond Anticipation Note renewals dated May 8, 2009 as follows: (1) $1,239,675.00 for acquisition of land and attached building for use as a town office complex; and (2) $991,335.00 as follows: (a) $626,874.00 to finance the major facility water system improvements to water districts 2a, 2b, 4, 5, 8 and 9 and (b) $364,461 to finance water improvements to water district #8. [Excerpt - Full Text Posted on Bulletin Board]

2009-207)

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 April 23, 2009 at 7:30 p.m. at the Schodack town hall to hear all interested parties on proposed Local Law Number 1 of 2009 relative to amending Chapter 80 entitled Mass Assembly, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's official sign board on April 9 , 2009 and advertised in the April 10, 2009 edition of THE RECORD, official newspaper of the Town, and

WHEREAS, said public hearing was held on April 23, 2009 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 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 1 of 2009 (P1 of 2009) to be known as Local Law 1 of 2009 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."

2009-208)

WHEREAS, the origins of fire district boundaries and mapping were reviewed, together with official records of the Town of Schodack as provided by the Town Clerk, and

WHEREAS, all interested parties reviewed applicable tax maps and Emergency 911 dispatch maps which outline district boundaries, and

WHEREAS, the safety of residents and property is the highest priority of all parties hereto, and

WHEREAS, the initial land surveys of fire district boundaries in Rensselaer County in 1957 often were straight lines that transected structures and properties, and

WHEREAS, road development within the Town may have, in some instances, resulted in inconsistencies that could negatively impact public safety, and

WHEREAS, the Fire Commissioners of the South Schodack Fire District (FD038) and the Town Board, as Commissioners of Nassau Lake West Fire Protection District (FD035), have proposed boundary alterations adjacent to Woodward and Bunker Hill Roads, more specifically Tax Map Numbers/Street Address:

FD038221.-5-4.2 Woodward Road (in its entirety)
FD038221.-5-3.19 Woodward Road (in its entirety)
FD038221.-4-1.12155 Woodward Road
FD038221.-4-3.1159 Woodward Road
FD038221.-4-1.112 Woodward Road
FD038221.-4-5.12 Woodward Road
FD038221.-4-1.115 Woodward Road
FD038221.-4- 1.21 Woodward Road
FD038221.-4-1.22 Woodward Road
FD038221.-4-1.113 Woodward Road
FD038221.-4-1.111126 Woodward Road
FD038221.-4-1.114 Woodward Road
FD035221.-5-2410 Bunker Hill Road
FD035221.-5-3.11429 Bunker Hill Road (a 2.55 acre portion located on
the easterly side of Bunker Hill and McClellan Roads), and

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for a joint hearing (of the Town Board and the Fire Commissioners of South Schodack Fire District) to be held by said Town on April 23, 2009 at 7:45 p.m. at the Schodack town hall to hear all interested parties on proposed boundary alterations, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's official sign board on April 14, 2009 and advertised in the April 14, 2009 edition of THE RECORD, official newspaper of the Town, and

WHEREAS, said joint hearing was held on April 23, 2009 at 7:45 p.m. at the Schodack town hall and all parties in attendance were permitted an opportunity to speak on behalf of, or in opposition to, said proposed boundary alteration 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 boundary alterations,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack hereby finds and declares as follows:

All properties and property owners within the area of such boundary change are benefitted by the boundary alteration as proposed;
All properties and property owners within the proposed boundary line change are benefitted thereby;
It is in the public interest to grant the boundary line changes set forth herein; and

BE IT FURTHER RESOLVED that the proposed boundary alterations are hereby adopted and the Town Board shall execute the Memorandum of Understanding, and

BE IT FURTHER RESOLVED that the Town Clerk and the Director of Planning and Zoning be and are hereby directed to file said boundary alternations with Rensselaer County.

2009-209)

Adopt the fee schedule for Spring Clean Up Days (May 28, 29 & 30) at the Transfer Station as follows:

Refrigerators, freezers, air conditioners
& dehumidifiers $10.00
Tires, rimless (maximum size 16") $ 2.00*
*larger and rimmed tires price by size
TVs, computer monitors $ 7.00
Propane Tanks FREE
Furniture FREE
Metal goods FREE
Push mowers FREE
Gas grills FREE
Bicycles FREE

2009-210)

To approve 2009 Road Program as proposed by the Superintendent of Highways to apply Hot Mix Asphalt on Bunker Hill and Ray Roads and crack sealing with surface treatments on Kingman and Duck Pond South Roads and crack sealing on Dover and Spruce Lanes, Brookside and Old Coach Drives, Jensis, Sunset, McClellen and Waterbury Roads.

2009-211)

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 on the 15th of April received notice that the Scarnato's Ristorante is applying for renewal of its 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 Scarnato's Ristorante at 133 Scott Avenue, 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.

2009-212)

A Resolution of the Town Board of the Schodack, Town of Authorizing and Providing for the Incurrence of Indebtedness for the Purpose of Providing Portion of the Cost of Acquiring, Constructing, Enlarging, Improving, And/or Extending It's Schodack Landing Sewer District No. 8 Facility to Serve an Area Lawfully Within its Jurisdiction [Excerpt - Full Text Posted on Bulletin Board]

2009-213)

Resolved to request enactment of New York State legislation legalizing, ratifying and confirming certain actions taken by the Town with respect to the repayment of a $419,960 Bond Anticipation Note issued on October 13, 2006 and further legalizing, ratifying and confirming additional actions taken by the Town with respect to a Note issued by the Town and purchased by the New York State Environmental Facilities Corporation in September, 2007.

2009-214)

Authorize Tony Kirby, Rich Sinclair and Supervisor Secor to complete (i.e., formatting, insertion of photographs, etc.) the Commercial Design Standards manual as submitted to the Town Board in draft format.

2009-215)

Authorize Diane Hutchinson Historian and Jennifer L. Mulligan, CPA, Comptroller to execute Mini Grant Agreement with New York Council for the Humanities relative Project 5671 entitled "Tantillo Educational Program."

2009-216)

Authorize Supervisor Secor to executive bond counsel agreement dated November 20, 2008 with Hiscock and Barclay for the DWSRF 16736 project financing in an amount not to exceed$15,000.

2009-217)

WITHDRAWN: WHEREAS, the Rensselaer County Legislature adopted resolution number G-277-09 on April 14, 2009, which cites errors in the tax roll and directs the County's Chief Fiscal Offer to correct the 2007 and 2008 tax rolls and to chargeback the appropriate amount on the January 2010 tax bills,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack does hereby agree to the adjustment and chargeback set forth in Resolution G-277-09.

2009-218)

Amend Resolution 2009-143, as adopted on March 12, 2009, to retain Bryan Goldberger, Esq., of Goldberger & Kremer for representation in labor matters, to expand the scope of professional services to include all matters related to Civil Service and to amend the authorization for payment of legal fees to not exceed $6,000 without further action of the Town Board.

2009-219)

WHEREAS, the Town has determined that there is surplus chip and grass material at the Transfer Station generated during the summer of 2008, which is not related to the brush from the December 2008 ice storm, and

WHEREAS, the Town has determined that said surplus material needs to be removed in order to make room for the debris and chip material from the December 2008 ice storm and to reduce a potential fire hazard, and

WHEREAS, through the procurement process of securing a contractor to chip the brush from the ice storm, several contractors offered to remove the 2008 surplus material at no additional cost to the Town, and

WHEREAS, the Town has received a written offer from Ken Morris & Sons Excavating, LLC, to pay the Town one dollar ($1) per cubic hard of material (not related to the debris from the ice storm) removed from the Transfer Station,

NOW, THEREFORE, BE IT RESOLVEDthat the Town Board has determined that a negotiated sale, rather than a public sale, yields the maximum financial benefits and accepts the offer of Ken Morris & Sons Excavating, LLC, for one dollar ($1) per cubic yard.

2009-220)

WHEREAS, the Town has determined that three police cars are surplus equipment and have no remaining value to the Town as follows:

Year	Model	Mileage	VIN #
2000	Ford Crown Victoria	162,712	2FAFP71W2YX114652
2001	Ford Crown Victoria	152,285	2FAFP71W41X19793
2004	Ford Crown Victoria	112,562	2FAHP71W24X100334

NOW, THEREFORE, BE IT RESOLVED that the Town Board has determined that a negotiated sale, rather than a public sale, yields the maximum financial benefits and that the vehicles will be traded in to Warnock Fleet as part of the lease of the two police cars as previously authorized.

2009-221)

WHEREAS, Sheila Golden, Director of Youth and Recreation, has recommended that the Summer Swim Program take place at the YMCA at East Greenbush and stated the advantages of using this pool facility,

NOW, THEREFORE, BE IT RESOLVEDthat the Town Board approves the use of the pool at the East Greenbush YMCA for the summer camp program, subject to review as to form by the Attorney to the Town.

2009-222)

WHEREAS, certain offers have been received by the Town to purchase the surplus property within the Golf View subdivision, including the pump house and the equipment thereon, and

WHEREAS, the Town Board wishes to clarify the procedures for the disposition of said surplus property, so as to realize the best value for the Town,

NOW, THEREFORE, BE IT RESOLVED that the Town Board rejects all bids/offers for said property to date.

2009-223)

RESOLVED that a public hearing on Proposed Local Law No. 1 of the Year 2009, an act to amend chapter 80 of the Schodack Town Code entitled Assemblies, Mass Public, shall be held on May 14, 2009 at 7:30 p.m. at the Schodack Town Hall, 265 Schuurman Road, and the Town Clerk is authorized to publish notice as prescribed by law.

The following actions were taken by the Town Board on 14 May 2009: (Actions of May 28th, below.)

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

2009-224)

WHEREAS, Erik Laurin, son of Thomas and Mary Ann Laurin, was recognized by the Rensselaer County YMCA and received a Student Service Award on the fourth day of May in the year two thousand nine, and

WHEREAS, Erik is a Sophomore at Maple Hill High School who is consistently on the Principal's List for academic achievement and has been recognized as "Student of the Month" in November 2008, and

WHEREAS, he plays Tennis on the Junior Varsity Team and also participates in Band, and

WHEREAS, Erik 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 Erik Laurin, a YMCA 4th Annual Student Community Service Award recipient, and

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

2009-225)

WHEREAS, Lori Hadjioannou, daughter of Charambos and Anne Hadjioannou, was recognized by the Rensselaer County YMCA and received a Student Service Award on the fourth day of May in the year two thousand nine, and

WHEREAS, Lori is a Junior at Maple Hill High School and currently serves as President of the Key Club, and

WHEREAS, Lori is a member of SADD, Maids of Athena, Girl Scouts of America, and volunteers at St. Sophia's Preschool program, and

WHEREAS, Lori 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 Lori Hadjioannou, a YMCA 4th Annual Student Community Service Award recipient, and

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

2009-226)

WHEREAS, Anastasia Murphy, daughter of Lisa Zurek-Davis and John Murphy, was recognized by the Rensselaer County YMCA and received a Student Service Award on the fourth day of May in the year two thousand nine, and

WHEREAS, Anastasia is a Junior at Maple Hill High School and currently serves as Vice President of Key Club, and

WHEREAS, Anastasia is a member of Media Club, SADD, and Girl Scouts of America, and

WHEREAS, Anastasia 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 Anastasia Murphy, a YMCA 4th Annual Student Community Service Award recipient, and

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

2009-227)

WHEREAS, Patrick Curtin, son of Daniel Curtin and Patricia O'Neil, was recognized by the Rensselaer County YMCA and received a Student Service Award on the fourth day of May in the year two thousand nine, and

WHEREAS, Patrick is a Sophomore at Maple Hill High School who is consistently on the Principal's List for academic achievement and has been recognized as "Student of the Month" in December 2008, and

WHEREAS, he is a three-season sports athlete participating in soccer, basketball and baseball, and

WHEREAS, Patrick is a member of Key Club, Boy Scouts of America and participates in the Sacred Heart Youth Ministries, and

WHEREAS, Patrick distinguishes himself by involvement in extensive community service activities,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack is moved to honor Patrick Curtin, a YMCA 4th Annual Student Community Service Award recipient, and

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

2009-228)

WHEREAS, Laura Kline, daughter of William Kline and Michelle Bridge, was recognized by the Rensselaer County YMCA and received a Student Service Award on the fourth day of May in the year two thousand nine, and

WHEREAS, Laura is a Junior at Maple Hill High School who is consistently on the Honor Roll for academic achievement and has been recognized as "Student of the Month" in April 2009, and

WHEREAS, Laura is the Captain of the Junior Varsity Tennis Team and is also a member of the Track & Field Team, and

WHEREAS, Laura 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 Laura Kline, a YMCA 4thAnnual Student Community Service Award recipient, and

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

2009-229)

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 Board on May 14, 2009 at 7:30 p.m. at the Schodack town hall to hear all interested parties on proposed Local Law Number 1 of 2009 relative to amending Chapter 80 entitled Mass Assembly, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's official sign board on April 30, 2009 and advertised in the April 28, 2009 edition of THE RECORD, official newspaper of the Town, and

WHEREAS, said public hearing was held on May 14, 2009 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 1 of 2009 (P1 of 2009) to be known as Local Law 1 of 2009 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.

2009-230)

WHEREAS, the Rensselaer County Legislature adopted resolution number G-277-09 on April 14, 2009, which cites errors in the tax roll and directs the County's Chief Fiscal Officer to correct the 2007 and 2008 tax rolls and to chargeback the appropriate amount on the January 2010 tax bills,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack does hereby agree to the adjustment and chargeback set forth in Resolution G-277-09.

2009-231)

WITHDRAWN: Pursuant to Chapter 219, Acticle XVII Erosion and Sedimentation Control, of the Code of the Town of Schodack direct Supervisor Secor to execute agreement which authorizes Richard Laberge,P.E., President of Laberge Group to execute the MS4 SWPPP Acceptance Form on behalf of the Town of Schodack.

2009-232)

WHEREAS, on July 12, 2007 the Town Board of the Town of Schodack adopted resolution 2007-305 authorizing acceptance of Quit Claim deed for Crimson Court in the Aspen Crest Subdivision, from Bridge Funding, Inc., and

WHEREAS, said resolution further authorized the Comptroller to liquidate the bonds held by the Town for roadway improvement and review by Laberge Group as it relates to review of the construction of said roadway and drainage systems, together with any outstanding engineering fees due to Clark Engineering ,and

WHEREAS, Laberge Group has completed said review, and submitted an invoice for payment in an amount of $2,898, and

NOW, THEREFORE, BE IT RESOLVED that the Comptroller is authorized to release and remit $2,898 to the Laberge Group from the bonds held by the Town for roadway improvements and review.

2009-233)

Authorize General Mechanical to repair and/or replace as identified, recommended and prioritized by Jeff Conlin, Building Inspector, the heating and cooling equipment at the Town Hall in an amount not to exceed $9,851.83 as budgeted in the 2009 Adopted budget.

2009-234)

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:

Site Directors: David Austin, Rebecca Valli, Thomas Gibbons and Bryan Lussier
Assistant Directors: Kara Taylor, Amanda Richards, Jessica Decker and Holly Schultz
Transportation Director: Tracey Roehr
Arts and Crafts Director: Trudy Valli
Nurse: Debbie Sweet
Bus Aides: Kristen Jensen, Paige Deitz, Collin Legge, Pam Warenken, Kristen Schanck and Nicole Wicks
Lifeguards: Alex Timmons, Kevin Mosher and Clare Ridzi
WSI Instructor: Sarah Timmons

Counselors: Adrian Donnelly, Shane McInerney, John Morris, Brendon Nixon, Sean Danaher, Nolan Crowley, Samantha Hendrick, Anna Racz, Beth Evans, Alyssa Poole, Sarah Wood, Michaela Palmer, Scott Bureau, Jamison Bundy, Chantel Carlucci, Kelsey Clynes, Ashley Wakeman, Rena Pazienza, Greg Zorko, Brett Wagner, Kaitlin Moore, Ian Walling, Caleb Crowley, Meghan Wood, Sarah Roehr, Sam Monty, Vanessa Cooke, Anthony Gerace, Alezandria Rappazzo, Jamie Schultz, Alicia Biernick, Kyle Smith, Abby McCabe, Jordyn Wood, Greg Brewer, Tyler Delisle, Jared Pazienza, Destiny Lebrecht, Peter LeBlanc, Molly Austin, Chris Bruen, Ashley Fuda, Ryan Palmer, Allison Fuller, Shannon Moldoff, Jaime Stall, Helena Peters, Andrew Charsky, Jacob Jasiewicz, Abbi Hicks and Trent Tibbitts
Special Area Instructors: Sarah Haller, Scott Charlebois, Mary Holliday, Debbie Walling, Jill Hanrahan, Vicki Roberts, Lisa Bryda, Mark Bubniak, Lauralyn Kulpa, Valerie Flood, Sarah Lussier, Mary Holliday and Patrick Austin

2009-235)

Authorize Supervisor Secor to execute consulting contract with Upstate Appraisal Services for professional services for 2009 relative to commercial assessments for hourly rate $100 including travel, preparation and analysis, for an expenditure not exceed $2,000. [This is a budgeted item contingent on grievances filed]

2009-236)

Authorize Partial Payment Estimate No. 1 for the work completed by Casale Excavating, Inc. Contract No. 9, Water District No. 9 in the total amount of $88,939.86 less retainage of five percent (5%) in the amount of $4,446.99 for a total payment not to exceed $84,492.87.

2009-237)

Authorize Partial Payment Estimate No. 1 for the work completed by Kingsley Arms, Inc. Contract No. 3C in the total amount of $273,359.22 less retainage of five percent (5%) in the amount of $13,667.96 for a total payment not to exceed $259,691.26.

2009-238)

Be it Resolved that the Town Board does hereby establish the following as a standard work day for elected and appointed officials for the purpose of determining days worked reportable to the New York State and Local Employees' Retirement System:

All Elected Officials
Standard workday is considered a seven (7) hour day, five (5) day workweek for the following positions:
Town Board Member
Town Justice
Receiver of Taxes
Supervisor
Town Clerk

Appointed Officials
Standard workday is considered a seven (7) hour day, five (5) day workweek for the following positions:
Animal Control Officer
Assessor
Assistant to the Assessor
Data Collector
Board of Assessment Review (BAR) - Chair
BAR Members
BAR-Secretary
Budget Officer
Building Inspector
Secretary Building Department
Comptroller
Assistant Comptroller
Staff Accountant
Payroll/Personnel Clerk
Senior Court Clerk
Assistant to Senior Court Clerk
Court Officer
Secretary to Highway Superintendent
Historian
Park Manager
Park Attendant
Secretary to Park
Planning Board Attorney
Planning Board Chairperson
Planning Board Members
Director of Zoning & Planning/Zoning Enforcement Officer
Secretary to Director of Planning/Zoning
Zoning Board Attorney
Zoning Board Chairperson
Zoning Board Members Director of Transfer Station Operations Secretary to the Supervisor
Deputy Tax Receiver
Tax Clerk
Town Attorney
Deputy Town Attorney/Special Prosecutor
Deputy Town Clerk
Records Management
Registrar of Vital Statistics
Water/Sewer Manager
Director of Youth and Recreation
Youth and Recreation: Site Director
Youth and Recreation: Assistant Director
Youth and Recreation: Pool Director
Youth and Recreation: Transportation Director
Youth and Recreation: Arts and Crafts Director
Youth and Recreation: Nurse
Youth and Recreation: Bus Aides
Youth and Recreation: Lifeguards
Youth and Recreation: WSI Instructor
Youth and Recreation: Swim Instructor
Youth and Recreation: Counselor
Youth and Recreation: Special Area Instructor
Youth and Recreation: Pee Wee Wrestling Instructor

Standard workday is considered an eight (8) hour day, five (5) day workweek for the following positions:
Buildings/Janitorial
Highway Superintendent
Police Chief
Police Officers (part-time)
Police Dispatcher (part-time)
Summer Grounds
Wingman

2009-239)

WHEREAS, the Town Board adopted Resolution 2005-242 on June 27, 2005 to enter into an Owner-Engineer Agreement between the Town of Schodack and J. Kenneth Fraser and Associates for task orders for Permitting, Preliminary Design Phase including mapping and Final Design Phase for the Town Hall Well Field Water Supply,

WHEREAS, the Town received correspondence from J. Kenneth Fraser dated May 11, 2009 requesting an amendment to Exhibit C, Payments to Engineer for Services and Reimbursable Expenses, and

NOW, THEREFORE, BE IT RESOLVED to amend Exhibit C of said Agreement dated June 28, 2005 as follows:

	PreviousAuthorization	Amended Contract	Increase/(Decrease)
Basic Services
a. Permitting (DOT/Stormwater)	$15,000.00	$15,486.75	$486.75
b. Preliminary Design Phase	$74,000.00	$96,359.46	$22,359.46
c. Final Design Phase	$50,000.00	$50,000.00	$0
d. Bidding or Negotiating Phase	$10,000.00	$10,000.00	$0
e. Construction Phase	$40,000.00	$38,808.77	($1,191.23)
f. Post Construction	$10,000.00	$3,000.00	($7,000.00)
Sub-Total	$199,000.00	$213,654.98	$14,654.98
Additional Services
a. Sub-Surface Investigations	$5,000.00	$0	($5,000.00)
b. Wetlands Investigations	$1,000.00	$768.00	($232.00)
c. Archaeological/Historical Investigations	$2,000.00	$0	($2,000.00)
d. SEQRA Activities	$2,000.00	$2,092.50	$92.50
e. Easement Documentation Preparation	$3,000.00	$563.81	($2,436.19)
f. Grant Application/ Grant Administration	$10,000.00	$14,040.00	$4,040.00
g. Regulatory Coordination	$5,000.00	$7,511.50	$2,511.50
Sub-Total	$28,000.00	$24,975.81	($3,024.19)
Resident Project Representative Services	$50,000.00	$37,000.00	($13,000.00)
Total	$277,000.00	$275,630.79	($1,369.21)

BE IT FURTHER RESOLVED that the supervisor shall be authorized to execute the amendment to Exhibit C of said Owner-Engineer Agreement for a total decrease in amount of $1,369.21, and

BE IT FURTHER RESOLVED that additional services, which, under the contract, require separate authorization are ratified and affirmed.

2009-240)

WHEREAS, the Town executed Task Order No. 4 on or about January 26, 2006 with J. Kenneth Fraser and Associates, for engineering services in connection with preparation of a Map, Plan and Report for Proposed Water District No. 9, and

WHEREAS, the Town Board adopted Resolution 2008-271 on July 10, 2008 to retain J. Kenneth Fraser and Associates for Basic Services and Additional Services related to Water District No. 9 (a portion of the project scope known as Drinking Water State Revolving Fund Project No. 16736), and

WHEREAS, the Town entered into an Owner-Engineer Agreement on or about July 10, 2008 with J. Kenneth Fraser and Associates, and

WHEREAS, the Town received correspondence from J. Kenneth Fraser dated May 11, 2009 requesting an amendment to Exhibit C, Payments to Engineer for Services and Reimbursable Expenses, and

NOW, THEREFORE, BE IT RESOLVED to amend Exhibit C of said Agreement dated July 10, 2008 as follows:

	PreviousAuthorization	Amended Contract	Increase/(Decrease)
Basic Services
a. Study Phase (Task Order No. 4)	$18,100.00	$19,761.28	$1,661.28
b. Preliminary Design Phase	$30,000.00	$30,000.00	$0
c. Final Design Phase	$25,000.00	$20,696.16	($4,303.84)
d. Bidding or Negotiating Phase	$6,000.00	$3,403.60	($2,596.40)
e. Construction Phase	$30,000.00	$36,320.00	$6,320.00
f. Post Construction	$3,000.00	$0	($3,000.00)
Sub-Total	$112,100.00	$ 110,181.04	($1,918.96)
Additional Services
a. Sub-Surface Investigations	$3,000.00	$0	($3,000.00)
b. Easement Procurement	$2,000.00	$1,304.50	($695.50)
c. Archaeological/Historical Investigations	$5,000.00	$170.00	($4,830.00)
d. Grant Administration	$2,000.00	$595.00	($1,405.00)
e. Permits and Regulatory Coordination	$4,000.00	$7,490.53	$3,490.53
Sub-Total	$16,000.00	$9,560.03	($6,439.97)
Resident Project Representative Services	$30,000.00	$30,000.00	$0
Total	$158,100.00	$149,741.07	($8,358.93)

BE IT FURTHER RESOLVED that the supervisor shall be authorized to execute the amendment to Exhibit C of said Owner-Engineer Agreement for a total decrease in amount of $8,358.93 and

BE IT FURTHER RESOLVED that additional services, which, under the contract, require separate authorization are ratified and affirmed.

2009-241)

WHEREAS, the Town Board adopted resolutions 2004-261, 267, 301 and 322 to retain J. Kenneth Fraser and Associates for various phases of planning, preliminary design and other engineering tasks related to Drinking Water State Revolving Fund Project No. 17357, and

WHEREAS, the Town entered into an Owner-Engineer Agreement on or about July 21, 2004 with J. Kenneth Fraser and Associates, said Agreement being most recently amended by Resolution 2008-342, and

WHEREAS, the Town received correspondence from J. Kenneth Fraser dated May 11, 2009 requesting a third amendment to Exhibit C, Payments to Engineer fro Servies and Reimbursable Expenses, and

NOW, THEREFORE, BE IT RESOLVED to amend Exhibit C of said Agreement dated July 21, 2004 as follows:

	PreviousAuthorization	Amended Contract	Increase/(Decrease)
Basic Services
a. Study/Report Phase	$15,000.00	$27,523.35	$12,523.35
b. Preliminary Design	$ 100,000.00	included in c	($100,000.00)
c. Final Design	$95,000.00	$223,092.57	$128,092.57
d. Bidding or Negotiating Phase	$22,000.00	$15,632.19	($6,367.81)
e. Construction Phase	$95,000.00	$ 93,684.42	($1,315.58)
Sub-Total	$335,000.00	$361,704.15	$26,704.15
Additional Services
a. Sub-Surface Investigations	$9,000.00	$6,432.25	($2,657.75)
b. Wetlands Investigations	$0	$0	$0
c. Archaeological/Historical Investigations	$3,000.00	$4,017.50	$1,017.50
d. SEQRA Activities	$5,800.00	$6,925.50	$1,125.50
e. Easement Documentation Preparation	$26,000.00	$24,616.31	($1,383.69)
f. Funding Applications and Administration	$16,000.00	$18,405.00	$2,405.00
g. Radio Telemetry Field Studies	$1,200.00	$1,236.40	$36.40
Sub-Total	$61,000.00	$61,542.96	$542.96
Resident Project Representative	$150,000.00	$102,288.61	($47,711.39)
Total	$546,000.00	$525,535.72	($20,464.28)

BE IT FURTHER RESOLVED that the supervisor shall be authorized to execute the amendment to Exhibit C of said Owner-Engineer Agreement for a total decrease in the amount of $20,464.28, and

BE IT FURTHER RESOLVED that additional services, which, under the contract, require separate authorization are ratified and affirmed.

2009-242)

WHEREAS, the Town Board adopted Resolution 2006-343 on September 5, 2006 to retain J. Kenneth Fraser and Associates for engineering services to interconnect Water Districts 2A, 2B, 4, 5 and 8 in the western part of the town and Water District No. 9 in a transmission main in lieu of water mains that were to be constructed as part of the proposed Red Oaks subdivision, and

WHEREAS, the Town entered into an Owner-Engineer Agreement on or about September 15, 2006 with J. Kenneth Fraser and Associates, and

WHEREAS, the Town received correspondence from J. Kenneth Fraser dated May 11, 2009 requesting an amendment to Exhibit C, Payments to Engineer for Services and Reimbursable Expenses, and

NOW, THEREFORE, BE IT RESOLVED to amend Exhibit C of said Agreement dated September 15, 2006 as follows:

	PreviousAuthorization	Amended Contract	Increase/(Decrease)
Basic Services
a. Feasibility Study Phase	$18,000.00	$22,813.16	$4,813.16
b. Preliminary Design Phase	$60,000.00	$139,166.96	$79,166.96
c. Final Design Phase	$30,000.00	included in b	($30,000.00)
d. Bidding or Negotiating Phase	$8,000.00	$6,935.60	($1,064.40)
e. Construction Phase	$30,000.00	$13,041.97	($16,958.03)
f. Post Construction	$5,000.00	$1,760.00	($3,240.00)
Sub-total	$151,000.00	$183,717.69	$32,717.69
Additional Services
a. Mapping	$15,000.00	$26,642.56	$11,642.56
b. Sub-Surface Investigations	$4,000.00	$8,315.00	$4,315.00
c. Wetlands	$2,000.00	$0	($2,000.00)
d. Archaeological/Historical Investigations	$10,000.00	$10,405.00	$405.00
e. SEQRA Activities	$3,000.00	$3,232.50	$232.50
f. Easement Document Preparation	$5,000.00	$9,154.20	$4,154.20
Sub-Total	$39,000.00	$57,749.26	$18,749.26
Resident Project Representative Services	$45,000.00	$16,440.00	($28,560.00)
Total	$235,000.00	$257,906.95	$22,906.95

BE IT FURTHER RESOLVED that the supervisor shall be authorized to execute the amendment to Exhibit C of said Owner-Engineer Agreement for a total increase in amount of $22,906.95 and

BE IT FURTHER RESOLVED that additional services, which, under the Contract, require separate authorization are ratified and affirmed.

2009-243)

WHEREAS, the Town Board retained J. Kenneth Fraser and Associates to conduct a topographical survey along US Route 20 [Resolution 2004-357 adopted on September 21, 2004] to determine the feasibility of construction of a municipal water system, and

WHEREAS, said firm was subsequently retained to provide engineering services relative to the Highway Garage Water System [DWSRF Project No. 16736] pursuant to the terms and conditions set forth in an Owner-Engineer Agreement originally dated December 16, 2004, and

WHEREAS, the Town amended the above-referenced agreement by Resolution 2006-079 adopted January 2006, and

WHEREAS, the Town received correspondence dated May 11, 2009 requesting an amendment to Exhibit C of said Agreement as follows:

	PreviousAuthorization	Amended Contract	Increase/(Decrease)
Basic Services
a. Topographical Survey	$30,000.00	$30,000.00	$0
b. Study/Report Phase	$20,000.00	$15,510.32	($4,489.68)
c. Preliminary Design	$ 90,000.00	included in d	($90,000.00)
d. Final Design	$56,600.00	$137,978.02	$81,378.02
e. Bidding or Negotiating Phase	$10,100.00	$10,060.68	($39.32)
f. Construction Phase	$40,000.00	$ 40,000.00	$0
g. Post Construction Phase	$4,000.00	$ 4,000.00	$0
Sub-Total	$250,700.00	$237,549.02	($13,150.98)
Additional Services
a. Sub-Surface Investigations	$0	$0	$0
b. Wetlands Investigations	$0	$0	$0
c. Archaeological/Historical Investigations	$5,963.00	$5,963.00	$0
d. SEQRA Activities	$3,390.00	$3,390.00	$0
e. Easement Documentation Preparation	$12,947.00	$12,947.00	$0
Sub-Total	$22,300.00	$22.300.00	$0
Resident Project Representative	$106,000.00	$126,436.45	$20,436.45
Total	379,000.00	$386,285.47	$7,285.47

NOW, THEREFORE, BE IT RESOLVED to amend the Owner-Engineer Agreement for a total increase in the amount of $7,285.47, and

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

BE IT FURTHER RESOLVED that additional services, which, under the contract, require separate authorization are ratified and affirmed.

2009-244)

Authorize Upstate Appraisal Services, Inc. to prepare a trial ready appraisal report relative to Tax map parcel numbers 188.-5-5.11 and 189.15-4 (Bove - Evergreen Country Club) in an amount not to exceed $2,300; tax map parcel number 198.-4-1.11 (Hamilton Industrial Corp. / Hamilton Printing) in an amount not to exceed $1,800 and tax map parcel numbers 178.-12-4 and 189.-11-5 (Darwin Delappa - Creekside and Rensselaer Estate Mobile Home Parks) in an amount not to exceed $2,900.

2009-245)

WHEREAS, Joseph Rocchio, son of Christopher Rocchio and Debra Chew, is a fifth grade student at Maple Hill Middle School, and

WHEREAS, Joseph participates in travel soccer, Saturday Scholars and excels academically in all curricular areas, and

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

WHEREAS, Joey won this statewide competition for his poster entitled "Trees are Terrific in Cities and Towns", and

WHEREAS, his poster is now being judged on a national basis, and

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

WHEREAS, Joey will be honored on the 15th day of May in year two thousand nine by the New York State Department of Environmental Conservation by planting and 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 Joseph Rocchio for his accomplishment, and

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

2009-246)

Authorize Supervisor Secor to execute a annual maintenance agreement, including parts and labor, with Eastern Copy Products, LLC for the Konica Minolta Bizhub 600 copier on the third floor at the Town Hall, ID # 285CH, for the period February 2, 2009 to February 2, 2010 for $273 per quarter. Contract includes 42,000 copies per quarter with an overage charge of $0.00650 per copy.

2009-247)

As recommended by Nadine Fuda, Director of Planning and Zoning, authorize the return $125.00 to Patricia Gootz from fees collected in connection with Zoning Z-673-09 application, as applicant withdrew same prior to the meeting.

2009-248)

Authorize Jennifer L. Mulligan, CPA, Comptroller, Cherie Gitto, Staff Accountant and Kathleen Blake, Payroll/Personnel Clerk to attend Managing in a Changing World: Workplace 2009 Seminar June 16, 2009 in Albany, New York. Cost of the seminar is estimated at $155 each, estimated travel cost at $21 for total cost of $486, as budgeted.

2009-249)

Authorize Supervisor Secor to obtain Title Policies in an amount adequate to insure the Town's interest in the real property [Tax map numbers 189.-2-1.1,178.-8-12.1, 178.8-12.2, 178.9-1-12, 189.-6-1 and 189.-10-1] consisting of parcels of land over/under in which the Town's transmissions lines and appurtenances related to DWSRF # 17357, at a cost per policy of $342 and total cost not to exceed $2,052.

2009-250)

Authorize Supervisor Secor to obtain Title Policies in an amount adequate to insure the Town's interest in the real property [tax map numbers 178.-11-24] consisting of parcels of land over/under in which the Town's Water Tower site and appurtenances related to DWSRF #17357, at a cost not to exceed $2,942.

2009-251)

Authorize Supervisor Secor to obtain Title Policies in an amount adequate to insure the Town's interest in the real property [tax map numbers 189.-10-3.11/1] consisting of parcels of land over/under in which the Town's Well site and appurtenances related to DWSRF # 16737, at a cost not to exceed $6,967.

2009-252)

Authorize Supervisor Secor to obtain Title Policies in an amount adequate to insure the Town's interest in the real property [tax map numbers 201.-2-43, 201.-2-42, 201.-2-36, 189.10-11.2, 200.-8-2.114, 200.-7-2.1, 189.-10-12, 201.-2-44, 201.-2-41, 201.-2-37, 201.2-34, 201.-2-40, and 200.-7-27] consisting of 16 parcels of land over/under in which water lines and appurtenances in Highway Garage Area Water System [Water District No. 9], at a cost not to exceed $8,606.

2009-253)

Appoint Marie Church as Part-time Board of Assessment Review Secretary with compensation per meeting $40 per 2009 Adopted Budget.

2009-254)

WITHDRAWN: Authorize Supervisor Secor to execute contract with Laberge Group for additional professional services related to Draft Comprehensive Plan for _________________________________, as set forth in Addendum No. 9 dated May 5, 2009 as follows: Public Meetings or Workshops $2,500 each and SEQR $1,500 for a total amount not to exceed $_______. (These are grant funds from Rensselaer County Bureau of Economic Development.)

2009-255)

WITHDRAWN: Authorize _______________________ to replace Septic effluent pump(s) located in the septic tank on the property of the Town Hall 265 Schuurman Road at a cost not to exceed $____________________.

2009-256)

Adopt Town of Schodack Youth Program Registration Fee Reduction/ Waiver policy as attached hereto, which establishes eligibility requirements to issue fee reductions or waivers to registrants of the program (full text posted on bulletin board).

2009-257)

Amend resolution 2009-218, as adopted on April 23, 2009, to retain Bryan Goldberger, Esq., of Goldberger & Kremer for representation in labor matters to expand the scope of professional services to include all labor matters, as directed by the Town, and to further amend the authorization for payment of legal fees to not exceed $10,000 without further action of the Town Board.

2009-258)

Authorize Supervisor Secor to renew agreement with Catseye Pest Control, Inc. to install and maintain appropriate pest control measures for the Town Hall for $65 monthly, effective May 1, 2009.

2009-259)

Amend resolution 2008-407 adopted on October 23, 2008 authorizing execution of a contract with Tabner, Ryan and Keniry, LLP to increase the total amount from $15,000 to an amount not to exceed $22,500 [for Water Tower Property Legal Services relative to Water System Improvements DWSRF #17357 ].

2009-260)

Authorize Supervisor Secor to execute Change Order No. 1 to Contract No. 9 [Installation of Hydrants and Services] for Water District No. 9 to increase the size of the water service to a certain property from 2-inch diameter to 4-inch diameter and to increase contract cost by $7,000 to $337,354.89; said additional cost of $7,000 shall be paid by the owner of the property and not be borne by the District.

2009-261)

Authorize Supervisor to execute Water Service Agreement with the Schodack Diner LTD located at 1842 Columbia Turnpike to allow construction of a 4-inch diameter water service, see Resolution 260 above, to serve said property and for reimbursement of the additional cost.

2009-262)

Authorize Supervisor to prepare and execute, in a form approved by the Attorney to the Town, a Lease Agreement with Rensselaer County Ambulance Association for use of space at town hall for training purposes at no cost to the Association.

2009-263)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-0637 to 09-0813 on Abstract No. 05-09, in the amount of $3,074,460.68, including the claims paid ($2,595,759.78) since the previous town board meeting.

2009-264)

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

2009-265)

WHEREAS, the Town of Schodack is the owner of real property described as Tax Map Number 189.-7-3.11/1, and

WHEREAS, in 2008 Crown Atlantic Company, LLC, requested an extension to said Agreement for seven (7) additional five (5) year terms at the expiration on October 31, 2013, and

WHEREAS, the Town Board exercised due diligence to review comparable lease agreements and investigate associated economics, and

WHEREAS, the Town Board is satisfied that the terms and conditions negotiated with Crown Atlantic Company, LLC, are in the best public interest to accept,

NOW, THEREFORE, BE IT RESOLVED that Supervisor Secor is authorized and directed to execute the Amendment to Lease Agreement and TP-584 as submitted.

Actions of the Town Board, May 28, 2009

2009-265)

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

WHEREAS, on May 1, 2009 Alison Lanz assumed command of the Corps of Cadets at Norwich University in Northfield, Vermont, only the third female to achieve this honor, and

WHEREAS, Alison Lanz, the 21-year-old daughter of Gayle Lanz and Frederick Lanz Jr. and stepdaughter of Louise Lanz, a resident of the Town of Schodack, had earned her Gold Award as a Senior Girl Scout and graduated from Columbia High School in 2006, and

WHEREAS, a recipient of a Reserve Officer Training Scholarship at Norwich University, Lanz is majoring in criminal justice and minoring in sociology, and

WHEREAS, Norwich University has a 150-year history as a military academy, instilling Army leadership principles and traits of justice, judgment, dependability, initiative, decisiveness, tact, integrity, enthusiasm, military bearing, unselfishness, courage, knowledge, loyalty and endurance in cadets, and

WHEREAS, Alison was recommended for her new post by General Michael Kelly and underwent a rigorous review before she received the symbolic saber together with command of the 1,200 cadet regiment from Major General Richard Schneider, President of Norwich University, and

WHEREAS, Lanz had served as a squad leader and a training noncommissioned officer, excelling on academic exercises, military training and exceeding the maximum standards during her Army Physical Fitness Test by scoring 320, above the maximum of 300 in the combined two-mile run, pushups and sit-ups test, and

WHEREAS, Cadet Colonel Lanz is responsible for the command and control of all cadets, leads daily formations, requiring battalion commanders and other leaders to guide cadets in meeting standards, and

WHEREAS, Alison has stated, "Leaders set examples as they exceed standards. You exceed standards as a way to be an effective leader," and

WHEREAS, the 21-year-old also leads organizations on campus as President of the Honor Society, Alpha Pi Sigma Sorority and the Student Criminal Justice Society, and

WHEREAS, Cadet Colonel Lanz will be commissioned as an Army second lieutenant upon graduation next year and has a commitment to serve on active duty for four years and in the Army Reserve for an additional four years,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack is moved to honor Alison Lanz on her academic achievement and her recognition as Commander of the Corps of Cadets of Norwich University, a source of great pride for her family, her peers, and her community, and 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 on the 28th day of May 2009 to acknowledge and honor Alison Lanz 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 Alison Lanz.

2009-266)

WITHDRAWN: "Authorize Emmons Pump and Control to replace Septic effluent pump(s) located in the septic tank on the property of the Town Hall, 265 Schuurman Road at a cost not to exceed $_____________."

2009-267)

WITHDRAWN: "Authorize Supervisor Secor to execute contract with Laberge Group for additional professional services related to Draft Comprehensive Plan, as set forth in Addendum No. 9 dated May 5, 2009 as follows: Attendance at Public Meetings or Workshops $2,500 each and SEQRA $1,500 related to the Draft Comprehensive Plan, as may be directed by the Town Board, for a total amount not to exceed $_______________. (These are grant funds for Rensselaer County Bureau of Economic Development.)"

2009-268)

Pursuant to Chapter 219, Article XVII Erosion and Sedimentation Control, of the Code of the Town of Schodack, direct Supervisor Secor to execute agreement to authorize Richard Laberge, P.E., President of Laberge Group to execute the MS4 SWPPP Acceptance Form on behalf of the Town of Schodack.

2009-269)

Authorize Town Clerk to publish legal notice of public hearing to be held on June 25, 2009 at 7:30 p.m. at the Schodack Town Hall to seek public input on Proposed Local Law No. 2 of the Year 2009 to amend Chapter 219 entitled Zoning, Article XVII entitled Erosion and Sedimentation Control, §119, 123, 125, 128 (a) (b) ( c) (d) and (f), 129 (a) and Chapter 186 §4 and §17 entitled Storm Sewers. Hearing is to be held at the Schodack Town Hall , 265 Schuurman Road, Schodack.

2009-270)

WITHDRAWN: "WHEREAS, there is a bill proposed by the NYS Trial Lawyers Association which has been introduced in the New York State Legislature (S. 4080-A/Senator Schneiderman/A. 7504-A/M. of A. Weinstein) which, in addition to ending the unfair double recoveries against public employers, removes an impediment to the settlement of tort actions; and

WHEREAS, the bill would protect all parties in the lawsuit (including public employer defendants) who settle the case from being subjected to a claim by a health benefit provider or other collateral source payor for reimbursement of monies paid to the plaintiff - unless there is a statutory right to such reimbursement, thereby encouraging settlements;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack supports these bills and urges our lawmakers to vote these into law; and

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Peter J. Kiernan, Counsel to the Governor; New York State Senate Majority Leader Malcolm A. Smith; New York State Assembly Speaker Sheldon Silver; Senator Elizabeth Little; Assemblywoman Janet Duprey; and Barry P. Schwartz Senior Counsel New York City Law Department."

2009-271)

Appoint John Hoyt as a part-time park attendant, under the direction of Stuart McKnight, at the hourly rate of $12 for a maximum of 120 hours during the period of May 30 through October 31, 2009 as needed.

2009-272)

Authorize Supervisor Secor to execute Water Service Agreements with Paul D. and Pamela O. Vooris with real property located adjacent to US Route 20, Tax Map # 200.-7-31.1 and Joseph P. And Lorraine M. Drzymala with real property located at 3881 US Route 20 to allow construction of a 2-inch diameter water service rather than a 1-1/4 - inch diameter water service per the owners' request to serve said properties and for reimbursement of the additional cost of $109.00 per service and associated engineering costs, if any.

2009-273)

Authorize final payment to William. J. Keller and Sons Construction Corp. For work completed pursuant to Contract No. 6 for Sewer District No. 8 Construction Contract for a total amount not to exceed $127,012.66, which includes retainage. This authorization is contingent upon review and approval of documentation for Minority and Women Business Enterprise (M/WBE), contractor's affidavit of payment of debts and claims, approval by USDA Rural Development, a funding agency, securities to be provided pursuant to the contract warranty and the Town Comptroller.

2009-274)

Withdrawn: "Accept offer of Gary Snedaker for the purchase of the 6.93 acre parcel of real property located on Prestwick Drive [Tax Map # 189.1-11-23], Town of Schodack, New York and known as the "Golf View Lot" and "Golf View Pump House" (Water District 4) in the amount of $50,100.00 and authorize Supervisor Secor to execute contract of sale on behalf of the Town following review as to form by the Attorney to the Town."

2009-275)

Accept offer of David Becker for the purchase of surplus equipment and appurtenances consisting of 2- 3000 Gallon Poly Water Tanks with associated piping, 2- Water Booster Pumps, 1- Water Booster Pump Electric Control Panel and Bladder Tanks and Connections in the Golf View Pump House (Water District 4) in the amount of $2,500.00 and authorize Supervisor Secor to execute contract of sale on behalf of the Town following review as to form by the Attorney to the Town.

2009-276)

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 Agricultural Advisory Committee. The purpose of the Committee is to identify, review, and recommend options relating to the all agricultural issues, especially viability of agribusiness and safeguard of farmland in the Town of Schodack.

The following individuals are hereby appointed as members of the Committee: Edward H. Miller (3 years), Sue Goold Miller (1 year), Ken Johnson (3 years), Nathan Chittenden (3 years), Charles Peter (2 years), Michael Swartz (2 years) and Nadine Fuda (1 year).

2009-277)

Amend resolution 2009-234 adopted May 14, 2009 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:

Soccer Instructor: Dan Gillespie
Counselors: Nicholas Reilly to fill vacancy from resignation of Trent Tibbitts and
Katherine Simons to fill vacancy from resignation of Kristen Schanck

2009-278)

DEFEATED: Authorize J. Kenneth Fraser and Associates, through its agent C. Howard Johannessen, PLS, to prepare a certified survey map to show location of the pump station, wells, and other site improvements together with a proposed legal description for the portion of the lands on which the Town's new pump station and wells are located in an amount not to exceed $3,000.

2009-279)

WHEREAS, a bill proposed by the Attorney General of the State of New York has been introduced in the New York State Legislature (S.5661/M. of S. Stewart-Cousins/A.8501/M. of A. Silver) which seeks to amend the general municipal law, the municipal home rule law, the town law, the village law and the local finance law, in relation to the requirements for consolidating or dissolving certain local government entities, and to repeal certain provisions of the town law and the village law relating thereto, and

WHEREAS, the Association of Towns of the State of New York and New York State Town Clerks Association oppose the consolidation procedures in the Act stating "there are a number of shortcomings in the consolidation procedures proposed in this bill that will potentially result in a more cumbersome, costly and less-transparent consolidation process than is already provided for by law," and opposes the Act in its present form, and

WHEREAS, the Town Board believes that the process proposed by this bill needs to be amended to: (1) have voter approval of the consolidation plan in all instances, (2) held at a general election, (3) a twenty-five percent signature threshold on the citizens' initiative component of the bill, (4) lengthen the time frame within which the respective local governments have to study and adopt a consolidation plan and (5) include safeguards to ensure that this process proceeds in a fair and legitimate manner, and

WHEREAS, the Town Board also believes that real property taxes are high in New York State for four primary reasons: Personnel Expense; Primary and Secondary Education; Social Welfare Services and Debt, these categories accounting for nearly all of the difference in per capita spending between New York and the average of the other 49 states, and

WHEREAS, the subject legislation does not deal with the true costs of high real property taxes and will, therefore, fail to yield any substantive tax savings, and

WHEREAS, the Town Board of the Town of Schodack recognizes and appreciates the intelligence and integrity of the citizens within our town and the unique issues within our community, and

NOW, THEREFORE, BE IT RESOLVED, that the members of the Town Board of the Town of Schodack oppose enactment of S. 5661 (Stewart-Cousins)/A.8501 (Silver) in its present form, and

IT IS FURTHER RESOLVED that the members to the Town Board of the Town of Schodack oppose any efforts to eliminate local and convenient access to government by our citizens, for the reasons stated within, and

BE IT IS FURTHER RESOLVED the Town Board respectfully urges our State elected representatives to vote "no" on the legislation as written and direct the Supervisor to transmit copies of this resolution to Attorney General of the State of New York; Governor Paterson; Peter J. Kiernan, Counsel to the Governor; New York State Senate Majority Leader Malcolm A. Smith; New York State Assembly Speaker Sheldon Silver; Senator Roy McDonald, Senator Neil Breslin, Assemblyman Timothy P. Gordon and Assemblyman Ronald Canestrari.

2009-280)

Authorize Supervisor Secor to execute an Agreement and Easement, in form approved by the Attorney to the Town, between the Town and New York State Department of Transportation to allow the Town to remove ice storm debris from residential properties along State roads located within the Town of Schodack.

2009-281)

Pursuant to Article IX of the Constitution, the Town of Schodack requests the enactment of Senate bill number 5654 entitled "AN ACT authorizing Steven Roy to file for retroactive membership in the optional 20-year retirement plan of the New York state and local police and fire retirement system pursuant to section 384-d of the retirement and social security law." 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.

2009-282)

Pursuant to Article IX of the Constitution, the Town of Schodack requests the enactment of Senate bill number 5655 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." 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.

Actions of June 15 and June 25, below.

Actions of June 11, 2009

2009-283)

Authorize Emmons Pump and Control, Inc. to replace Septic effluent pump(s) and reinstall rod and control box mounting bracket located in the septic tank on the property of the Town Hall, 265 Schuurman Road at a cost not to exceed $2,836.

2009-284)

Amend resolution 2009-130, as adopted February 26, 2009 authorizing Hanson Van Vleet, LLC to develop, prepare and finalize a Well Head Protection Area (WHPA) Program as set forth in their proposal dated February 24, 2009 to include an additional meeting with property owners of Tax Map #189.-10-1 for clarification and to amend the authorized amount from $5,000 to an amount not to exceed to $5,500.

2009-285)

WHEREAS, a bill has been introduced in the New York State Legislature (S. 4080-A/Senator Schneiderman/A. 7504-A/M. of A. Weinstein) which, in addition to ending the unfair double recoveries against public employers, removes an impediment to the settlement of tort actions; and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack supports these bills and urges our lawmakers to vote these into law; and

2009-286)

Pursuant to correspondence dated June 5, 2009 authorize Edward W. Boutelle & Son to prepare a certified survey map to show location of the pump station, wells, and other site improvements together with a proposed legal description for the portion of lands on which the Town's new pump station and wells are located in an amount not to exceed $3,000.

2009-287)

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, July 18, 2009 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, it is anticipated that Schodack Landing Volunteer Fire Company, Inc., will seek and receive Planning Board approval of directional signage for this event. Additionally, the permit fee required by Chapter 80 is hereby waived and the Town Clerk is authorized to return any fee paid in connection with the application filed.

2009-288)

Authorize Partial Payment Estimate No. 2 for the work completed by Kingsley Arms, Inc. Contract No. 3C Transmission Main in the total amount of $426,455.12 less retainage of five percent (5%) in the amount of $21,322.76 for a total payment not to exceed $145,441.10.

2009-289)

Authorize Partial Payment Estimate No. 1 for the work completed by Statewide Aquastore, Inc. Contract No. 3B Water Storage Reservoir in the total amount of $452,615.06 less retainage of five percent (5%) in the amount of $22,630.75 for a total payment not to exceed $429,984.31.

2009-290)

WHEREAS, the Town Board authorized resolution #2009-273 for the final payment to William J. Keller and Sons Construction Corp. for the Schodack Landing Sewer District No. 8 capital project;

NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Schodack hereby accepts the Schodack Landing Sewer District No. 8 capital project as complete.

2009-291)

Ratify and affirm the internal 10-day posting of a temporary position at the Transfer Station, subject to the proper classification and approval in accordance with applicable Civil Service Law.

2009-292)

Withdrawn: "Appoint _________________ as a temporary transfer station attendant, under the direction of Bruce Goodall, at the hourly rate of $12 for a maximum of 40 hours per week for no more than 89 days."

2009-293)

Authorize Supervisor Secor to execute an amendment dated June 3, 2009 to the Legal Services Agreement between the Town of Schodack and Hiscock & Barclay for Schodack Landing Sewer District No. 8 Capital Project in an amount not to exceed $96,500.00. Additionally authorize a budget amendment to USDA - RD Form E as follows: Increase A.1 by $6,500.00 from $90,000.00 to $96,500.00 (Administrative - Legal); Decrease D.1 by $6,500.00 from $8,725.57 to $2,225.57 (Contingency); Net change to budget equals $0.00.

2009-294)

Authorize Partial Payment Estimate No. 2 for the work completed by Casale Excavating, Inc. Contract No. 9 Water District No. 9 in the total amount of $173,423.27 less retainage of five percent (5%) in the amount of $8,671.86 for a total payment not to exceed $80,272.54.

2009-295)

Authorize Partial Payment Estimate No. 1 for the work completed by Stephen Miller - General Contractors Inc. Contract No. 5G-General Construction in the total amount of $155,973.00 less retainage of five percent (5%) in the amount of $7,798.65 for a total payment not to exceed $148,174.35, pending receipt of conditional W/MBE approval from EFC.

2009-296)

Amend resolution 2009-257, as adopted May 14, 2009, retaining Bryan Goldberger, Esq., of Goldberger & Kremer to amend the authorization for payment of legal fees to not exceed $15,000.00 without further action of the Town Board.

2009-297)

Appoint Thomas MD Jones, Alan J. Roehr Jr., Peter Zownir and Clark L. Roehr Jr. as part-time police officers to be available for scheduling effective immediately. This is a budgeted item.

2009-298)

WHEREAS, Rural Development, a funding source of the Schodack Landing Sewer District No. 8 capital project is requesting verification from the Town Board as to whether a certified operator is required for the system; and

WHEREAS, the Schodack Landing Sewer District No. 8 system comprises a settling tank/effluent pumping (STEP) units followed by textile media filter pods (Advantex brand, which is considered covered intermittent sand filters) and has a capacity of less than 50,000 gallons per day;

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack has reviewed the New York State Department of Environmental Conservation regulations, Chapter X - Division of Water - Part 650: Qualifications of Operators of Wastewater Treatment Plants - §650.1(c)(2) and have verified that the Schodack Landing Sewer District No. 8 system, as constructed, is exempt from the requirement of having a certified chief operator or assistant/shift operator.

2009-299)

Pursuant to Article IX of the Constitution, the Town of Schodack requests that enactment of Assembly bill number 8588 (M. of A. Gordon) entitled "AN ACT authorizing Steven Roy to file for retroactive membership in the optional 20-year retirement plan of the New York state and local police and fire retirement system pursuant to section 384-d of the retirement and social security law." 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.

2009-300)

Pursuant to Article IX of the Constitution, the Town of Schodack requests the enactment of Assembly bill number 8589 (M. of A. Gordon) 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." It is hereby declared that a necessity exists for the enactment of such legislation. The fact establishing such necessity is 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.

2009-301)

Amend resolution 2009-138 adopted on March 26, 2009 authorizing Upstate Appraisal to prepare a preliminary and trial ready appraisal report relative to Tax Map Numbers 178.-12-4 and 189.-11-5 in Article 7 Proceedings entitled Darwin Delappa -v- Town of Schodack to increase the amount not to exceed from $2,900 to $3,400.

2009-302)

Authorize Supervisor Secor to execute an agreement with Key Services for Wire Transfer.

2009-303)

Authorize the Supervisor to rent comfort stations for use at Schodack Island State Park for said events on June 12th and 13th. Said expenditures are a portion of the budgeted amount in Celebrations (A. 7550.4) and may also be reimbursed by Rensselaer County if grants funds are received by the County from New York State as previously appropriated.

2009-304)

Ratify and affirm that it is the intention of this legislative body to consolidate water districts 2a, 2b, 4, 5, 8 and 9, in a timely manner in order to yield significant cost savings to taxpayers in the above districts and as recommended by legal counsel, engineering consultants and financial advisors. Further direct the supervisor to obtain estimates for the professional services necessary to continue and conclude this process during this calendar year.

2009-305)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-0814 to 09-0977 on Abstract No. 06-09, in the amount of $951,735.71, including the claims paid ($96,170.12) since the previous town board meeting (omitting voucher #09-0976 in the amount of $300.00)

2009-306)

Authorize the following budget amendments, budget transfers interfund loan and interfund transfers as recommended by the Comptroller:

Actions of June 15, 2009

2009-307)

WHEREAS, six (6) grievances have been filed by members of CSEA Local 842 regarding alleged violations of Article IV, Section 3 and/or 5 of the collective bargaining agreement between CSEA and the Town of Schodack; and

WHEREAS, in accordance with the contractual grievance procedure, the grievances were to be presented to the Town Board for their deliberation and consideration on June 15, 2009; and

WHEREAS, the Town Board has been advised of settlement negotiations between the parties and wishes to approve resolution of the pending grievances as recommended by counsel for the Town and the Town Supervisor;

NOW, THEREFORE, BE IT RESOLVED that the Town Board authorizes the payment of two (2) or three (3) hours pay, respectively, at the rate of one-and-one-half each grievants' applicable base hourly rate to each grievant; and

BE IT FURTHER RESOLVED that said payment be conditioned upon the successful negotiation and execution of a settlement agreement as recommended by counsel for the Town and the Town Supervisor and, subject to final review and approval by the Town Board.

2009-308)

Appoint Scott McKnight, subject to final approval by the Rensselaer County Civil Service Commission, as a transfer station assistant, under the direction of Bruce Goodall, at the hourly rate of $12 for a maximum of 40 hours per week for no more than 89 days.

Actions of the Town Board, Jun 25, 2009

2009-309)

WHEREAS, in the year two thousand nine, the Maple Hill Varsity Boys' Baseball Team earned the New York State Class C Championship as their loyal fans cheered them on from the diamonds at Maple Hill High, Joseph Bruno Stadium, Geyser Park, SUNY at Plattsburgh and Binghamton University, and

WHEREAS, the Varsity Boys' Baseball team posted an overall season tally of 19 wins and 8 losses, a school record, and

WHEREAS, the championship team is comprised of the following players: Jason Bauer, Eric Berney, Matt Busdiecker, Patrick Curtin, Adrian Donnelly, Mike Doughtie, Joe Dugan, Taylor Farrell, Tom Gilluley, Shane McInerney, Matt Palmer, Nick Papas, Brian Pulikowski, Jaime Schultz, Kyle Smith and Ryan Smith, complemented by Scorekeeper Alex Kline and Batboys Christian and Zachary Frese, and

WHEREAS, the Wildcats were coached by Rico Frese and Assistant Coaches Jim Canonica, Scott Monuteaux and Tim Ryan who expressed confidence in their team throughout the season, guiding them to hone their baseball and team work skills to achieve their goal to be champions, and

WHEREAS, the Wildcats posted a regular season record of 11 wins and 7 losses to advance to Sectionals competition, trouncing Cambridge 10 to 0 to capture the 2009 Class CC Sectional title at the Joseph Bruno Stadium and by defeating Fort Plain at Geyser Park by a score of 10 to 8 to earn the Class CC/C crown and the right to represent Section II in the Class C Regional Tournament, and

WHEREAS, the Wildcats traveled to SUNY at Plattsburgh to hand Ticonderoga a convincing 7 to 0 loss and claim the New York State Class C Regional Championship, and

WHEREAS, at Binghamton University on June 13th, the Wildcats edged Oyster Bay (Section VIII) in the bottom of the 9th inning by a score of 3 to 2 to win the New York State Class C Semi-Final Round, and

WHEREAS, in the final game later that same day, Nick Papas was on the mound for Maple Hill, giving up four hits in the first inning but allowing only two more hits, two walks and striking out six for his final tally, and

WHEREAS, the Wildcats' broke the game open with an 18-hit attack to handily defeat Frewsberg (Section VI) by a score of 19 to 2 to earn the State Class C Championship, and

WHEREAS, Jaime Schultz and Nick Papas were named to the 1st Team Patroon Conference and, following the Section II Tournament, Adrian Donnelly was named the New York State Class C Good Sport, and

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack commends and congratulates the Maple Hill Boys' Varsity Baseball Team upon their record-setting season, especially their convincing win to become State Champions in the New York State Class C competition, their victories in the Regional competitions, first place in the 2009 Section II Class CC/C division, and

2009-310)

Authorize Matthew Carner and Steven Kelly, Town of Schodack Fire Investigators, to attend course # 01-01-0014 entitled "Fire Behavior/Arson Awareness & Principles of Fire Investigation" at the Academy of Fire Science in Montour Falls, New York on December 7 through December 11, 2009 at a estimated cost per person of $25 registration fee and lodging with meals $191, and estimated cost for mileage and tolls of $255.10 for a total estimated cost of $687.10. This is a budgeted item.

2009-311)

WITHDRAWN: "Accept report entitled Commercial Design Guidelines Manual as prepared by Commercial Design Standards Advisory Committee, dated June 2009 and presented to the Board on June ___ , 2009 as complete and transmit it to the Planning Board for use and direct the Town Clerk to file same."

2009-312)

Resolved to notify all employees of the Town of Schodack of "No Smoking" in municipally-owned vehicles pursuant to the provisions of the New York State Public Health Law Article 13-E entitled Clean Indoor Air Act Regulations Section 1399-n Subdivision 5.

2009-313)

Authorize Supervisor Secor to execute a contract for consolidation of Water District Nos. 2A, 2B, 4, 5, 8 and 9 with Hiscock and Barclay, LLP at an hourly rate of $200 in an amount not to exceed $7,500.

2009-314)

Authorize Supervisor Secor to execute proposal with General Mechanical to replace air conditioning unit in the Police Department Building at a cost not to exceed $1,433.60.

2009-315)

Authorize Supervisor Secor to accept proposal and execute agreement dated December 22, 2008 for Public Sector HR Consultants LLC to evaluate, train and write a Workplace Violence Prevention Program as required under Section 27-b of the State Labor Law, in an amount not to exceed $3,000.

2009-316)

Amend resolution 2009-283 adopted on June 11, 2009 authorizing Upstate Appraisal to prepare a preliminary and trial ready appraisal report relative to Tax Map Numbers 178.-12-4 and 189.-11-5 in Article 7 Proceedings entitled Darwin Delappa -v- Town of Schodack to increase the amount not to exceed from $3,400 to $4,200.

2009-317)

WITHDRAWN: "Amend resolution 2008-443 adopted on December 11, 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 from $14,000 to not to exceed $____________."

2009-318)

Authorize Saxton Sign to prepare seven (7) road signs ($80 each) to recognize the achievement of the Maple Hill High School Varsity Baseball Team, 2009 Class C State Baseball Champions for a cost not to exceed $560.

2009-319)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack for a public hearing to be held by said Town of June 25, 2009 at 7:30 p.m. at the Schodack town hall to hear all interested parties on proposed Local Law 2 of 2009 relative to amending the Code of the Town of Schodack, specifically Chapter 219 entitled Zoning, and Chapter 186 entitled Storm Sewers, and

WHEREAS, notice of said public hearing was duly posted on the Town Clerk's official sign board on June 10, 2009 and advertised in the June 12, 2009 edition of THE RECORD, official newspaper of the Town, and

WHEREAS, said public hearing was held on June 25, 2009 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 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 2 of 2009 to be known as Local Law 1 of 2009.

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.

2009-320)

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 on the 12th of June received notice that Herberts Caterers, Inc. is applying for renewal of its 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 Herberts Caterers, Inc. at 1 Celebration Way, 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.

2009-321)

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 on the 4th of June received notice that Legends Bar & Grill 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,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Schodack that, with respect to the application submitted by Legends Bar & Grill 3531 Eleanor Square, Route 20, Schodack, New York for a renewal license to sell alcoholic beverages for on-premises consumption, the Schodack Town Board does express no opinion as to said renewal.

2009-322)

WHEREAS, the Town Board of the Town of Schodack is concerned about motorist safety on Route 150 at the intersections of Western and Brookview Station Roads, and

WHEREAS, this legislative body finds and declares that it is in the best public interest for the New York State Department of Transportation to review sight distance at said intersections and determine appropriate installation of traffic devices,

NOW, THEREFORE, BE IT RESOLVED to request New York State Department of Transportation to conduct a traffic safety analysis of Route 150 at its intersections with Western and Brookview Station Roads on a urgent basis.

2009-323)

WHEREAS, Fred W. Erickson and the Town of Schodack are desirous of having certain assessment issues resolved as to property owned by Fred W. Erickson in the Town of Schodack, and

WHEREAS, a settlement proposal resolving pending tax certiorari litigation was recommended by Daniel G. Vincelette, trial counsel to the Town of Schodack, and reviewed by the Schodack Town Board at its regular workshop meeting, and

WHEREAS, such a proposed settlement would present the parties with an expeditious and economic alternative to further litigation so as to resolve issues between the parties, and

WHEREAS, the Town Board has determined that the proposed settlement is in the best interests of the Town,

NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby accept a proposed settlement for the 2008 tax certiorari proceeding filed by Fred W. Erickson in which the 2008 assessed value of the subject property (Parcel No. 211-3.9.111) shall be reduced from $135,400 to $105,000, with Fred W. Erickson receiving a refund of excess taxes paid based upon said revision, pursuant to Real Property Tax Law §726; and the 2009, 2010 and 2011 assessed values of the subject property shall be $105,000, consistent with the provisions of the Real Property Tax Law; and

IT IS RESOLVED that the Town Assessor will make a good faith effort to review the assessment of the subject property based upon any officially filed document from the State of New York provided to the assessor related to the amount of state-designated wetlands on the subject property, and to revise said assessment if she deems it appropriate, consistent with the Laws of the State of New York; and

IT IS FURTHER RESOLVED that the Town Board does hereby adopt this resolution to end the litigation between Fred W. Erickson and the Town of Schodack as to the above-referenced assessment.

2009-324)

Amend Resolution 2009-234 adopted May 14, 2009 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:

Bus Aide: Tyler DeLisle (previously approved as a Counselor)
Counselor:Alyssa O'Connor
Substitutes: Sarah Walling, Jeremy Oles, Adam Fuller, Samantha Illenberg (lifeguard) and Zachary Despart

And to accept the resignation of Nichole Wicks, previously approved as a Bus Aide.

Actions of July 9, 2009 (Actions of July 23, below)

2009-325)

Authorize Partial Payment Estimate No. 3 for the work completed by Casale Excavating, Inc. Contract No. 9 Water District No. 9 in the total amount of $71,736.80 less retainage of five percent (5%) in the amount of $3,586.84 for a total payment not to exceed $68,149.96.

2009-326)

Authorize Partial Payment Estimate No. 3 for the work completed by Kingsley Arms Inc. Contract No. 3C Transmission Main in the total amount of $296,454.82 less retainage of five percent (5%) in the amount of $14,822.74 for a total payment not to exceed $281,632.08.

2009-327)

WITHDRAWN: Authorize Partial Payment Estimate No. 2 for the work completed by Statewide Aquastore, Inc. Contract No. 3B Water Storage Reservoir in the total amount of $80,605.50 less retainage of five percent (5%) in the amount of $4,030.28 for a total payment not to exceed $76,575.22.

2009-328)

WITHDRAWN: Authorize the Building Department to purchase six (6) residential Knox key boxes ($196 each) to be used by residents with emergency services needs pursuant to Ambulance and/or Fire Department request for a cost not to exceed $1,176. plus $50. shipping and handling. For a total cost not to exceed $1,226. (Grant funds are still available to cover these expense)

ADOPTED: Authorize the Supervisor to execute an application to extend Community Project Appropriation Contract #TM07812 relative to emergency access systems and to propose an amendment to the budget to allow purchase of units for residential use.

2009-329)

Accept as complete the report entitled Commercial Design Guidelines Manual as prepared by Commercial Design Standards Advisory Committee, dated June 2009 and presented to the Town Board on July 3, 2009, and request assistance of the Planning Board to determine applicable zoning code amendments to be enacted in order to implement.

2009-330)

Appoint Nadine Fuda to the newly created position of Stormwater Management Officer pursuant to Chapter 186 §2 of the Code of the Town of Schodack effective immediately. (There is no additional compensation.)

2009-331)

WHEREAS, pursuant to Town Law Section 206, and other applicable laws and statutes, the Town Board of the Town of Schodack, New York, at a regular meeting held on the 9th day of July, 2009, at 7:00 o'clock p.m., did adopt a resolution calling for a public hearing upon the proposed consolidation of a certain six (6) existing Town of Schodack Water Districts, namely Water District 2A, Water District 2B, Water District 4, Water District 5, Water District 8, and Water District 9, (hereinafter "existing water districts"), which existing water districts are more fully described on maps available for inspection in the office of the Town Clerk, and

WHEREAS, a public hearing is required to be held before final determination of the proposed consolidation by the Town Board, and

WHEREAS, all of the existing water districts to be consolidated were established for the same purpose and are wholly located within the Town, and

WHEREAS, Water District 2A, Water District 2B and Water District 4 each have no debt, and Water District 5, Water District 8, and Water District 9 each have existing indebtedness, it is proposed that the cost of the respective outstanding debt of Water District 5, Water District 8, and Water District 9 as it exists on December 31, 2009 shall remain the obligation of each said existing water district, respectively, and shall not become an obligation of Schodack Consolidated Water District No. 101, and

WHEREAS, it is proposed that after consolidation there will be a single operating budget for Schodack Consolidated Water District No. 101 and all future debt would be issued on behalf of Schodack Consolidated Water District No. 101, and

WHEREAS, all of said existing water districts are presently financed on the same ad valorem basis and it is proposed that the basis of future assessment of all costs of operation, maintenance and improvements of the proposed Schodack Consolidated Water District No. 101 continue to be financed on an ad valorem basis, and

WHEREAS, it appears that certain benefits would accrue if said existing water districts were consolidated, specifically:

Bookkeeping and budgeting would be facilitated without the necessity of allocations and adjustments;
All future expenses of maintenance, operation and improvements of the consolidated district would be raised and paid for by all properties within the consolidated district;
The cost of future repairs for emergencies will be spread over the entire consolidated district and not borne only by the area involved;
The costs of future expansion of water service will be spread over the entire consolidated district and not just the new area involved.

NOW THEREFORE, BE IT RESOLVED:

Section 1. The Town Board of the Town of Schodack, Rensselaer County, New York, shall hold a public hearing on the 6th day of August, 2009, at 7:00 o'clock p.m., at Schodack Town Hall, 265 Schuurman Road, Castleton, New York, for the purpose of considering a resolution of the Town Board to consolidate existing Schodack Water Districts 2A, 2B, 4, 5, 8 and 9 in said Town, as identified in the preambles hereof, 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 related thereto as may be required by law; and

Section 2. Upon such consolidation becoming effective, the existing water districts so consolidated shall be known as "Schodack Consolidated Water District No. 101". All the property of the existing water districts shall become the property of Schodack Consolidated Water District No. 101. All indebtedness of each of the existing water districts incurred prior to December 31, 2009, the effective date of the consolidation described herein, if any, shall remain the obligation of each said existing water district, respectively. Schodack Consolidated Water District No. 101 shall not assume and/or pay the indebtedness of any of the existing water districts incurred prior to the effective date of the consolidation described herein. The costs of operation, maintenance and improvements shall be user charges and ad valorem charges on the real property within Schodack Consolidated Water District No. 101 in the same manner as heretofore applied in each existing water district; and

Section 3. Pursuant to Section 206 of the Town Law, the future assessment of all costs of improvements as well as costs of operation and maintenance of Schodack Consolidated Water District No. 101 shall be a charge against the entire area of the Schodack Consolidated Water District No. 101; and

Section 4. The Town Clerk shall publish notice of the public hearing referred to in Section 1 hereof by publication of this resolution 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, the first publication thereof to be made at least ten (10) days prior to the time fixed for such public hearing. The Town Clerk shall further give notice of said public hearing by the posting of a copy of this resolution, certified by said Town Clerk, on the sign board of the Town maintained pursuant to subdivision 6 of section 30 of the Town Law, said posting to be not less than 10 days before the date of such public hearing.

Section 5 . This resolution shall take effect immediately.

2009-332)

Accept as complete amendments dated July 2009 to a certain Map, Plan and Report entitled "Proposed Water System Improvements to Existing Water District Numbers 1 and 3," dated May 2007 and revised July 2009, as prepared by J. Kenneth Fraser & Associates.

2009-333)

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 No. 1 and Water District No. 3; and

WHEREAS, pursuant to a map, plan, and report dated March 2007 (Revised May 2007), as amended July 2009, 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 and 3 consist of the following:

Water District No. 1 - Replace the 6" asbestos-cement supply line leaving the pump station with 250± feet of 24" water main, sufficient to provide approximately 5,875 gallons necessary for 30 minutes of CT on approximately 176,000 gpd at average flow. (This will more than double the peak daily flow presented above, allowing ample additional supply for future users in this high-growth part of the Town); replace 500± feet of 6" AC pipe connecting the networked distribution mains with 10" PVC pipe passing under I-90 (This will enable fire flows of 1,500 gpm to reach west of I-90); and improve the pump station control, chlorine delivery and replace the roof.
Water District No. 3 - Extend a 12" water main from the end of the Clearview System on Sand Road, north up Van Hoesen Road approximately 4,150 feet to provide a direct tie in with the Water District No. 3 system (Fire flows at the end of the 8" main are predicted to be approximately 1,375 gpm at 20 psi residual, with static pressures ranging from 50-80 psi in Maplecrest).

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 July 2009, 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 and 3, 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 a Full Environmental Assessment Form prepared by the Town and after coordinated review of the Water Improvements, the Town adopted Resolution 2007-316 authorizing issuance of a Negative Declaration of Environmental Significance pursuant to the State Environmental Quality Review Act ( "SEQRA" ); and

WHEREAS, the maximum cost of construction of the Water Improvements is estimated to be in an amount not to exceed $1,218,000, and 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.

NOW THEREFORE, BE IT DETERMINED:

Based upon its review and consideration, the Town Board of the Town of Schodack accepts the map, plan and report dated March 2007 (Revised May 2007), as amended July 2009, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack, concerning the construction of proposed Water Improvements to existing Water District Nos. 1 and 3.
The estimated capital cost of the Water Improvements to the "typical property" (as defined in the Town Law) in Water District No. 1 is $ 81 per capital unit annually and that the estimated capital cost of the Water Improvements to the "typical property" in Water District No. 3 is $1,457 per capital unit annually. The Town Board has heretofore 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, Castleton, New York on August 13, 2009, at 7:00 pm, to consider a resolution of the Town Board to increase and improve water facilities in Water District No. 1 and Water District No. 3 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.

2009-334)

Authorize submission of Justice Court Assistance Program (JCAP) Grant by Justices Wagner and Peter on or before August 1, 2009.

2009-335)

Authorize Supervisor Secor to apply for on-site Energy Audits of the Town Hall and Police Station through NYSERDA, at a cost of $400 each, for a total cost not to exceed $800.

2009-336)

Authorize Supervisor Secor to transmit fees to the Town of East Greenbush collected pursuant to the provisions of the 2004 Intermunicipal Sewer Agreement with said Town, specifically $18,847.

2009-337)

Amend resolution 2009-283 adopted on June 11, 2009 authorizing Emmons Pump and Control, Inc. to replace septic effluent pumps and reinstall rod and control mounting bracket located in the septic tank on the property of the Town Hall at a cost not to exceed $3,714.16 (previously authorized as $2,836) to expand scope of services to include the replacement of 2 Float switches (Signal master control with 20' external weight), 2 cast iron ball check valves for an additional amounts of $166.16 and $232.00 respectively, as discovered while repair work was in progress and for inclusion of the original service call of $490.

2009-338)

Authorize Upstate Appraisal Services, Inc. to review appraisal and prepare a brief critique relative to Tax Map parcel number 198.-4-1.11 (Hamilton Industrial Corp. / Hamilton Printing) in amount not to exceed $400.

2009-339)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-0978 to 09-1152 on Abstract No. 07-09, in the amount of $1,178,163.15, including the claims paid ($993,757.75) since the previous town board meeting.

2009-340)

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

Actions of July 23, 2009

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

2009-341)

Authorize Supervisor Secor to execute Change Order No. 2 for Contract 3B - Water Storage Reservior (Statewide Aquastore, Contractor) to increase said contract in the amount of $2,562.56

2009-342)

Authorize partial Payment Estimate No. 2 for the work completed by Statewide Aquastore, Inc. Contract No. 3B Water Storage Reservoir in the total amount of $80,605.50 less retainage of five percent (5%) in the amount of $4,030.28 for a total payment not to exceed $76,575.22.

2009-343)

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 on the 10th day of July received notice that Rose's Italian Restaurant is applying for renewal of it 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 Kurt Nurnberg and B. Clytie Somers doing business as Rose's Italian Restaurant at 757 Columbia Turnpike, Schodack, New York for a license to sell alcoholic beverages at retail for on-premises consumption, the Schodack Town Board does express a favorable opinion as to said renewal.

2009-344)

Authorizing the Supervisor to Issue Renewal Bond Anticipation Notes (BANS) of the Town in the Aggregate Amount of $1,609,988 Dated July 24, 2009 for the Following Purposes: $69,548 for Improvements to East Schodack Sewer District #5, $45,560 for Improvements to Maple Crest Water District #3, $416,470 for Replacement of Knickerbocker Road Bridge over Csxt Rail Lines (DB), $30,265 for Acquisition of 2006 International 6x4 Truck with Plow Wing and Dump Body (DB), $113,240 for Appraisal of All the Real Property in the Town of Schodack to Assist in the Assessment Thereof for Purposes of Taxation, $161,850 for Construction of Water Mains, Two Temporary Water Wells, Residential Service and Related Improvements to Supply Potable Water, $89,325 for Acquisition of 2007 International Model #7500 Truck with Plow Wing and Dump Body (DB), $263,999 for Improvements to East Schodack Sewer District #5-phase 1, $257,196 to Finance the Major Facility Water System Improvements to Water Districts #2a, #2b, #4, #5, #8 and #9, $101,142 to Finance the Water Systems Improvements for Water District #8, $61,393 for Acquisition of 2009 Dump Truck Model 4300 SBA. [Excerpt-full Resolution posted on Bulletin Board]

2009-345)

Authorize Laberge Group to conduct Task No. 1 entitled Review of Design Guidelines and Zoning Regulations as per their proposal dated July 9, 2009 for an amount not to exceed $1,850.

2009-346)

Authorize Supervisor Secor to execute proposal with Den Besten Enterprises for an inline chipper, 1000 hp, for chipping and grinding storm debris collected and currently accumulated at the Transfer Station relative to the December Ice Storm at an daily rate of $3,500 in an amount not to exceed $3,500. [estimates one day to complete]

2009-347)

Authorize the following Schodack Landing Sewer Project Budget Amendments to Rural Development Form E:

Increase A.4 by $2,000.00 from $14,000.00 to $16,000.00 (Bookkeeping & Rptg.)
Decrease D.1 by $2,000.00 from $2,225.57 to $225.57 (Contingency)

Net change to budget equals $0.00.

2009-348)

Authorize the Town Clerk to enter into an agreement with the New York State Archives granting permission to publish two historical records in her custody for the revised publication manual, Consider the Source: Historical Records in the Classroom. Said publication is used to instruct teachers on how to find historical records in their communities and how to bring those records into the classroom. There is no cost to the Town.

2009-349)

WHEREAS, the Dewey Loeffel Hazardous Waste Site is located in southern Rensselaer County with an estimated 46,000 tons of toxic waste buried in a failed capped landfill, and

WHEREAS, remediation of this site has been ongoing for decades with only minimal progress made to prevent the contaminates seeping from the site, and

WHEREAS, the State has shared a plan to construct a waste treatment plant at the Mead Road Site which construction has been delayed several years, and

WHEREAS, the estimated construct cost of the treatment plant is tens of millions of dollars with annual maintenance and operation of several millions of dollars, and

WHEREAS, the Department of Environmental Conservation has indicated that remediaton of the subject site will be indefinite, and

WHEREAS, although millions have been spent to address sediment contamination, fish in Nassau Lake and its tributaries remain contaminated and there are Department of Health warnings for the Lake, and

WHEREAS, the contamination impacts property values, public health and creates an environmental crisis,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack calls for immediate remediation and removal of these toxins that have damaged the Town, its residents and their health, safety and welfare.

2009-350)

Pursuant to the May 13, 2009 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 2010 at a cost not to exceed $186,650.

2009-351)

Withdrawn: Authorize Payroll/Personnel Clerk to compensate two (2) Full time seasonal highway employees for holiday pay for the calendar year 2009 to include Memorial Day, 4th of July, and Labor Day for 2009 only.

2009-352)

Authorize partial Payment Estimate No. 2 for the work completed by Stephen Miller General Contractors, Inc. Contract No. 5G General Construction in the total amount of $141,919.57 less retainage of five percent (5%) in the amount of $7,095.98 for a total payment not to exceed $134,823.59.

2009-353)

Lifeguard: Brett Wagner (previously approved as counselor) to fill vacancy after resignation of Alex Timmons
Puppetry: Darlene Miller
Counselor: Ryan Smith to fill vacancy

2009-354)

Withdrawn: Amend resolution 2009-210 adopted April 23, 2009 approving 2009 Road Program as proposed by the Superintendent of Highways to also include application of Hot Mix Asphalt to Green Avenue, approximately 350 feet, from Scott Avenue to the Village of Castleton line.

Actions of August 13 Actions of August 27

Special Meeting of the Town Board - August 10, 2009

2009-355)

Authorize the Town Clerk to publish at least once in The Record, a newspaper having a general circulation in the Town and 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 an amended notice of public hearing relative to the hearing which was opened on August 6, 2009 relative to the proposed consolidation of existing Schodack Water Districts No. 2A, 2B, 4, 5, 8 and 9; said hearing is to be continued on Thursday, August 27, 2009 at 7 p.m. at the Schodack Town Hall, 265 Schuurman Road, Castleton; and said amended notice of public hearing shall be 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.

Actions of August 13, 2009

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

2009-356)

2009-357)

WHEREAS, the Town has determined that a walking bridge at the Town Park is surplus and has no remaining value to the Town, and

WHEREAS, pursuant to resolution 88-219, a notice of said surplus item shall be posted on the Town Clerk's Sign Board for at least fifteen (15) business days, and

WHEREAS, a surplus item notice will be posted on the Town of Schodack and New York State Parks, Recreation and Historic Preservation websites, and

WHEREAS, the surplus item may be viewed and inspected at the Schodack Town Park and will be sold as is, and

WHEREAS, the bid opening(s) shall be September 9, 2009 at 10 a.m. at the office of the Town Clerk, and

WHEREAS, all bids shall be submitted in the manner prescribed by law, and

NOW, THEREFORE, BE IT RESOLVED to authorize Supervisor Secor to prepare said surplus walking bridge for sale.

2009-358)

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 Town Landfill Drainage correspondence received from Barton & Loguidice, P.C. as Engineering Consultants for the Town of Schodack, (the "Town Engineering Consultants"), providing for construction of replacement, rehabilitation or reconstruction of eroded drainage areas within the capped Landfill system; and

WHEREAS, pursuant to said correspondence the construction of proposed replacement, rehabilitation or reconstruction of eroded drainage area within the capped Landfill system will consist of construction of replacement, rehabilitation or reconstruction of the eroded drainage within the existing capped Landfill system; and

WHEREAS, pursuant to the State Environmental Quality Review Act (SEQRA), 6 NYCRR §617.5.C.2, the "Schodack Landfill Drainage Project" is a Type II action described as a "replacement, rehabilitation or reconstruction of a structure or facility, in kind, or the same site, including upgrading buildings to meet building or fire codes, unless such action meets or exceeds any of the thresholds in section 617.4 or the Part;" and, therefore, requires no further SEQRA action; and

WHEREAS, the Town Board reviewed the potential environmental impacts of the Project by carefully considering them and thoroughly evaluating their potential significant impacts on the environment;

NOW THEREFORE, BE IT RESOLVED

It is in the public interest to repair said drainage,
The Town Board accepts the Short Environmental Assessment Form and determines:
1. (a) the proposed Project will not result in any large and important impact(s); and
2. (b) the proposed Project is one which will not have a significant impact on the environment; and
3. (c) a Draft Environmental Impact Statement will not be prepared.
A Negative Declaration shall be issued and the Short Environmental Assessment Form shall be executed by Supervisor Secor pursuant to SEQRA.

2009-359)

Authorize Partial Payment Estimate No. 4 for the work completed by Casale Excavating, Inc. Contract No. 9 Water District No. 9 in the total amount of $72,063.78, less retainage of five percent (5%) in the amount of $3,603.19, for a total payment not to exceed $68,460.59.

2009-360)

Authorize Partial Payment Estimate No. 4 for the work completed by Kingsley Arms, Inc. Contract No. 3C Transmission Main in the total amount of $85,237.50, less retainage of five percent (5%) in the amount of $4,261.87, for a total payment not exceed $80,975.63.

2009-361)

Authorize Jennifer L. Mulligan, CPA, Comptroller and Laura Palmer, Assistant Comptroller to attend GFOA- Northeast Region Seminar September 16, 2009 in Queensbury, New York. Cost of the Seminar is estimated total cost of $320, as budgeted.

2009-362)

Authorize Supervisor Secor to execute a thirty-six month agreement with Time Warner for telephone and internet service for the Transfer Station for an amount not to exceed $79.95 per month with an installation charge not to exceed $125 and to further authorize termination of the Verizon Centrex line and pay penalty fee of $15.98 a month for the remaining seven (7) months of the contract.

2009-363)

Adopt Workplace Violence Prevention Policy Statement [posted on bulletin board] in accordance with New York State Labor Law Section 27-b to be posted at each worksite in Town and designates Joseph Belardo, Lieutenant (Police Station) ; Kenneth Holmes, Highway Superintendent (Highway Garage); Bruce Goodall, Director (Transfer Station) and Beth Knauf Secor, Supervisor (Town Hall & Town Park) as the contact persons for Town of Schodack personnel to report incidents to.

2009-364)

Withdrawn: Amend resolution 2009-314, as adopted on June 25, 2009, executing proposal with General Mechanical to replace the air conditioning unit in the Police Department Building [for a cost not to exceed $1,433.60] to further amend the authorization for payment for 2 persons times 3 hours of labor at $90 per hour, for a total amount not to exceed $1,973.60.

2009-365)

WHEREAS, the Town Board of the Town of Schodack, (the "Town Board" and the "Town," respectively) has heretofore reviewed the map, plan and report entitled "Proposed Water System Improvements to Existing Water District Nos. 1, 3 and 7, as prepared by J. Kenneth Fraser and Associates dated March 2007 and as last amended on July 9, 2009, and

WHEREAS, Town Law §202-b authorizes the Town to improve and construct additional water facilities to serve existing town water districts in the public interest, and

WHEREAS, the property owners of Water District No. 3 have often expressed concern to the Town Board of the Town of Schodack about the vitality of their water district, and

WHEREAS, the Town Board has pursued, together with its engineering and legal consultants, a solution to the water quantity and quality issues long experienced by Water District No. 3 and proposes the construction of certain water system improvements to existing Water District Nos. 1 and 3, and

WHEREAS, at a meeting of the Town Board held on Thursday, July 9, 2009, Resolution 2009-333 was adopted to schedule a public hearing on August 13, 2009 to seek public input relative to the aforementioned amended map, plan and report as prepared by J. Kenneth Fraser and Associates, and

WHEREAS, a notice of public hearing was duly posted on the Town Clerk's official sign board on July 27, 2009 and advertised in the July 27, 2009 edition of THE RECORD, official newspaper of the Town, and

WHEREAS, said hearing was held on Thursday, August 13, 2009 at 7:00 p.m. at the Schodack town hall and all parties in attendance were permitted an opportunity to speak on behalf of, or in opposition to, said proposed improvements to water facilities of Water Districts Nos. 1 and 3,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack, after due deliberation, finds that it is in the public interest of the Town to construct the water improvements described above for the aforementioned Water Districts Nos. 1 and 3.

2009-366)

Authorize James M. Morgan, Jeffrey Arno, Gary Ziegler, Steven Kelly and Peter Schweigert, members of the Fire Investigation Unit to attend New York State Academy of Fire Science Course #01-01-0018 - Fall Seminar November 4 through November 6, 2009 in Montour Falls, New York at a estimated cost per person of $25 registration fee ($125) and lodging ($630) and meals ($190), and estimated cost for mileage ($532) and tolls $24 for a total estimated cost of $1,500. This is a budgeted item.

2009-367)

Authorize Bruce J. Wagner, Justice, and Paul W. Peter, Justice to attend New York State Magistrates Association Fall Conference October 18 through 21 at the High Peaks Resort in Lake Placid, New York with registration fees not to exceed $50 per Justice, lodging not to exceed $1,350.72 and mileage not to exceed $332.20 for a total estimate not to exceed $1,782.92.

2009-368)

Authorize Patricia H. Loomis, Senior Court Clerk to attend New York State Magistrates Court Clerks Fall Conference October 4 through 7, at the Holiday Inn in Albany, New York with registration fee $35, seminar cost not to exceed $156 and mileage not to exceed $24.73 for a total estimated cost not to exceed $215.73.

2009-369)

Amend resolution 2008-443 adopted on December 11, 2008 appointing Robert Beebe, Esq., as special counsel for matter related to Tax map number 198.12-1-3.2 (tax certiorari) to increase the authorized total amount of legal fees from $14,000 to a total not to exceed $20,332.

2009-370)

A resolution authorizing the repair, reconstruction and restoration of eroded drainage areas at the capped Landfill at the Town Transfer Station, authorizing the issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an aggregate principal amount not to exceed $245,000 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 Resolution posted on Bulletin Board]

2009-371)

A resolution authorizing Water System Improvements to Water Districts 1 and 3, Authorizing the issuance of serial bonds of the Town of Schodack, Rensselaer County, New York in an aggregate principal amount not to exceed $1,218,000 Pursuant to the local finance law to finance all or a portion of 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 Resolution posted on Bulletin Board]

2009-372)

Authorize Town Clerk to publish legal notice to receive bids for construction project known as Water System Improvements to Water Districts 1 and 3.

2009-373)

Authorize Sharon Martin, Sole Assessor to attend the New York State Assessor's Annual Conference September 27 through September 30, 2009 in Saratoga Springs, New York. Cost is estimated to be $932.20 (3 days) which includes the conference, food, lodging and mileage. A portion of this expense, estimated to be $216.78, will be reimbursed by the State of New York.

2009-374)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-1153 to 09-1336 on Abstract No. 08-09, in the amount of $2,852,865.38, including the claims paid ($2,331,227.37) since the previous town board meeting.

2009-375)

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

Actions of August 27, 2009 - Workshop Session

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

2009-376)

Withdrawn: Amend resolution 2009-210 adopted April 23, 2009 approving 2009 Road Program as proposed by the Superintendent of Highways to also include application of Hot Mix Asphalt to Green Avenue, approximately 350 feet from Scott Avenue to the Village of Castleton line.

2009-377)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, New York is considering whether to consolidate existing Schodack Water Districts No. 2A, No. 2B, No. 4, No. 5, No. 8, and No. 9 into Schodack Consolidated Water District No. 101 (the "Action") ; and

WHEREAS, the Action would involve consolidating six (6) original Schodack water districts into one consolidated water district, which consolidated water district will own the property of all original districts, but the outstanding indebtedness of the original Schodack water districts shall remain the respective obligations of said original Schodack water districts and not become the indebtedness of the consolidated water district; and

WHEREAS, the Agency previously reviewed the maps, plans, reports and recommendations of Town Engineers, Fraser & Associates concerning the six original Schodack water districts, as well as reviewed the creation of each original district pursuant to the applicable provisions of the New York State Environmental Quality Review Act ("SEQRA") in order to evaluate the Action in accordance with NYS Town Law 206 and considered an Environmental Assessment Form ("EAF") evaluating the potential environmental impacts of the Action in accordance with SEQRA; and

WHEREAS, a public hearing was duly held before the Schodack Town Board on August 6 , 2009 and continued on August 27, 2009, at which members of the public provided comments on the proposed consolidation of said existing water districts; and

WHEREAS, the Town of Schodack utilized all of the aforementioned documents, testimony, and public comment to review all potential long-term, short-term, direct, indirect and cumulative impacts which could be reasonably expected to result from the Action in order to determine the environmental significance of the Action,

NOW, THEREFORE, BE IT RESOLVED that, based on the review of the aforementioned documents, testimony, and public comment, including the EAF, the Town of Schodack hereby makes the following environmental findings regarding the Project:

This Resolution has been prepared in accordance with SEQRA (Article 8 of the NYS Environmental Conservation Law).
The Action is an unlisted action under the SEQRA regulations.
The purpose of the Action is (a) to promote administrative efficiency by consolidating the bookkeeping, purchasing, and budgeting functions of the six existing districts; (b) to spread the cost of expenses of maintenance, operation and improvements over the consolidated district, (c) to spread the cost of expenses of any future repairs for emergencies within the consolidated district, and (d) in the event that the consolidated district is extended, to spread the cost of future expansion of water service across the consolidated district.
The establishment of the six existing water districts and the development of their respective water sources and service facilities have each been previously reviewed in accordance with the applicable SEQRA provisions and rules when they were created or developed.
This Action does not entail the construction, expansion, addition or alteration of any water source or service facilities of the consolidated district, nor does it entail the alteration of land or any other environmental resource.
This Action is not part of any long- or short-term plan to construct, expand, or alter any water source or service facilities of the consolidated district nor is it part of any plan to extend the service area of the consolidated district.
Any future proposal to construct, expand, or alter any water source or service facility of the consolidated district and any future proposal to extend the service area of the consolidated district will be subject to environmental impact review in accordance with SEQRA and other applicable laws; and

BE IT FURTHER RESOLVED, that this Board hereby determines and declares, based upon the information and analysis above, that the environmental review of the Project pursuant to SEQRA is complete, and that the Project will not result in any significant adverse impact on the environment ("Negative Declaration"), and

BE IT FURTHER RESOLVED, that the Town of Schodack hereby directs the Schodack Town Supervisor to execute a Negative Declaration and further directs the Schodack Town Clerk to keep a copy of this Negative Declaration Resolution on file, to make it readily accessible to the public upon request and to provide a copy to the Town Supervisor, and to all involved and interested agencies, and any person who requests a copy.

2009-378)

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack at a special meeting held at the Town Hall, on August 6, 2009, for a public hearing to be held by said Town Board at the Schodack Town Hall, 265 Schuurman Road, on August 27, 2009 at 7:00 p.m. to hear all interested parties on proposed consolidation of Schodack Water Districts No. 2A, 2B, 4, 5, 8, and 9 (hereinafter "existing water districts") into one consolidated water district to be designated as Schodack Consolidated Water District No. 101 pursuant to Town Law Section 206, and other applicable laws and statutes, and

WHEREAS, said public hearing is a continuation of a duly held public hearing held on August 6, 2009 upon the proposed consolidation of said existing water districts, which are more fully described on maps, plans and reports available for inspection in the office of the Town Clerk, and,

WHEREAS, all of the existing water districts to be consolidated were established for the same purpose and are wholly located within the Town, and

WHEREAS, Water District 2B and Water District 4 each has no debt, and

WHEREAS, Water District 2A has a fund balance that is proposed to remain the property of said existing water district and existing indebtedness as it exists on December 31, 2009 that shall remain the obligation of said Water District 2A and shall not become an obligation of Schodack Consolidated Water District No. 101, and

WHEREAS, Water District 5 has a fund balance that is proposed to remain the property of said existing water district and existing indebtedness as it exists on December 31, 2009 that shall remain the obligation of said Water District 5 and shall not become an obligation of Schodack Consolidated Water District No. 101, and

WHEREAS, Water District 8 and Water District 9 have existing indebtedness and it is proposed that the cost of the respective outstanding debt of Water District 8 and Water District 9 as it exists on December 31, 2009 shall remain the obligation of each said existing water district, respectively, and shall not become an obligation of Schodack Consolidated Water District No. 101, and

WHEREAS, all of said existing water districts are presently each financed on the same basis and it is proposed that the basis of future assessment of all costs of operation, maintenance and improvements of the proposed Schodack Consolidated Water District No. 101 continue to be financed on said basis, and

WHEREAS, a public hearing on said matter was duly held by said Town Board on August 6, 2009 and continued on August 27, 2009 and all persons desiring to speak either on behalf of or in opposition to said proposed consolidation were afforded an opportunity to do so, and

WHEREAS, subsequent to said public hearing, the Town Board, acting as Lead Agency pursuant to part 617 of the implementing regulations pertaining to NYS Environmental Conservation Law Article 8 (State Environmental Quality Review Act) (SEQRA), adopted a resolution issuing a Negative Declaration of environmental significance with respect to the proposed consolidation of six existing water districts into one consolidated water district, and

WHEREAS, it appears that certain benefits would accrue if said existing water districts were consolidated, specifically:

Bookkeeping and budgeting may be facilitated without the necessity of allocations and adjustments;
All future expenses of maintenance, operation and improvements of the consolidated district may be raised and paid for by all properties within the consolidated district;
The cost of future repairs for emergencies may be spread over the entire consolidated district and not borne only by the area involved;
The costs of future expansion of water service may be spread over the entire consolidated district and not just the new area involved.

NOW THEREFORE, BE IT RESOLVED and determined pursuant to Town Law § 206:

The notice of hearing was published and posted as required by law and is otherwise sufficient.
It is in the public interest to consolidate Schodack Town Water Districts No. 2A, No. 2B, No. 4, No.5, No. 8 and No. 9 as specified in the notice of hearing.
All future costs of operation, maintenance and improvements will continue to be financed on the same benefit basis as the original existing six water districts have previously been financed.
Schodack Water Districts No. 2A, No. 2B, No. 4, No. 5, No. 8 and No. 9 are hereby consolidated into one consolidated water district to be designated as Schodack Consolidated Water District No. 101, subject to the conditions set forth herein.
Any costs of outstanding indebtedness of Schodack Water District No. 5, Water Districts Nos. 2A, and 8, related to Capital Project Numbers H014 and H020, respectively, funded by Serial Bond Resolution Number 2008-441 adopted December 9, 2008, and Water District No. 9 related to Capital Project No. H022, funded by Serial Bond Resolution Number 2008-275 adopted July 10, 2008, shall remain the obligation of each said Water Districts No. 2A, No. 5, No.8 and No. 9, respectively, and the existing indebtedness of Schodack Water Districts No. 2A, No. 5, No. 8 and No. 9 shall not become an obligation of Schodack Consolidated Water District No. 101.
Any fund balance of Water District No. 2A existing on December 31, 1009 shall remain the property of said existing water district.
Any fund balance of Water District No. 5 existing on December 31, 2009 shall remain the property of said existing water district.
This resolution shall be subject to permissive referendum.

2009-379)

Withdrawn: Authorizing $172,000.00 aggregate principal amount of serial general obligation bonds to finance the construction of a wastewater collection and treatment system for Schodack Landing, Sewer District 8. [Excerpt-full Resolution posted on Bulletin Board]

2009-380)

Appoint the Law Office of Daniel G. Vincelette, PC to represent the Town as special counsel in Tax Certiorari matters of Van Der Horst tax map nos. 198.12-1-3.1 and 198.12-2-3.1; and John Paige tax map nos. 179.-5-24.181, 179.-5-24.182, 179.-5-24.184, 179.-5-24.186, 179.-5-24.187, 179.-5-24.190, 179.-5-24.192, 179.-5-24.196, and 179.-5-24.197. Hourly rates for said legal representation by the Vincelette firm shall be as follows: Daniel Vincellette at $165 and Associate $135 and incidental charges as required.

2009-381)

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' 21st Annual Apple Festival to be held October 10th and 11th, 2009 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.

2009-382)

Authorize Supervisor Secor to execute a letter agreement, pursuant to the recommendation of Lois. R. Phillips, Esq. of Hiscock & Barclay, LLP, to hold harmless Patroon Abstract Corp. and Stewart Title Insurance Company from any costs or damages in connection with Title Policies issued by Patroon Abstract under File PA - 13185, File PA - 13499 and File PA - 13492 relating to the insured's rights and easements for construction of water transmission mains.

2009-383)

Withdrawn: Resolved that commencing August 28, 2009 and ending September 11, 2009 the employees of the Town of Schodack may, by written designation in a form to be provided by the Payroll Department, transfer sick time which they have accumulated to another designated Town of Schodack employee. Further said designated employee must exhaust other accrued leave first and then use the transferred sick time during the calendar year in which the time was transferred. Any transferred sick time not used during the aforesaid calendar year shall revert to the transferring Town employees in amounts proportional to the initial hours they transferred.

2009-384)

Authorize Supervisor Secor to execute a Mutual Community Sharing Plan for High Intensity Law Enforcement Activity between the Towns of Schodack, East Greenbush and North Greenbush and the City of Rensselaer and the Village of Nassau to formalize the relationship between the parties relative to provision for high intensity law enforcement activity.

2009-385)

Authorize Supervisor Secor to execute Change Order No. 2 to Contract 5G - General Construction, Groundwater Supply Improvements between the Town and Stephen Miller General Contractors, Inc., and Change Order No. 2 for Contract 5E, Electrical Work, between the Town and Bradley Electric to extend the term of the contracts up to and including September 30, 2009 to furnish treated water and October 15, 2009 to complete the projects.

2009-386)

Authorize the establishment of a reserve fund for the payment of bonded indebtedness, pursuant to General Municipal Law §6-h, in Water District No. 5 in the amount of $120,192.39.

2009-387)

Withdrawn: Authorize Supervisor Secor to contract with [Kelly Services or Sargent and Blaiz Personnel Services] for a Temporary Building Department Secretary for 35 hours per week at a cost of $20 per hour, beginning August 31, 2009 and continuing as needed for a period of 6 to 8 weeks, as per requested by Jeffrey Conlin, Building Inspector.

2009-388)

Withdrawn: Authorize _____________________, Esq., to represent the Town and Zoning Enforcement Officer, in the zoning violation before Justice Court, Town of Schodack -v- Haber, on an hourly basis at the rate of $______ per hour. (to be handled by the Attorney to the Town)

2009-389)

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

WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 11 through 17 as Constitution Week,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack does hereby proclaim the week of September 11 through 17 as Constitution Week and urge all citizens to study the constitution and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves.

2009-390)

WHEREAS, Supervisor Secor was authorized in resolution 2005-048 to execute agreements with Hartgen Archeological Associates, Inc., for Phase IA Literature Review and Sensitivity Assessment in an amount not to exceed $2,500 and Phase IB Archeological Field Reconnaissance Proposals in an amount not to exceed $8,884.50 for Drinking Water State Revolving Fund Project (DWSRF Project No. 17357) for a total amount of $11,384.50.

WHEREAS, the total amount spent on the aforementioned agreements equals $11,855.15,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board ratifies and affirms that the agreements for Phase IA Literature Review and Sensitivity Assessment and the Phase IB Archeological Field Reconnaissance are authorized in an amount not to exceed $11,855.15.

2009-391)

Authorize Supervisor Secor to execute Amended Retainer agreement with Hiscock and Barclay LLC, as bond counsel to the Town at the amended fee schedule B set forth in correspondence dated August 24, 2009.

2009-392)

Authorize Supervisor Secor to execute 211 Waiver Application for Police Chief Bernhard Peter and to submit to the New York State Civil Service Commission, to be effective for the period of September 1, 2009 to August 31, 2011.

Actions of the Town Board - September 10, 2009 (Sept 24 Actions below.)

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

2009-393)

Amend resolution 2009-314, as adopted on June 25, 2009, to authorize the execution of a proposal with General Mechanical to replace the air conditioning unit in the Police Department Building [for a cost not to exceed $1,433.60] to add labor cost of $266.40 for two persons installing the unit, for a total amount not to exceed $1,700.

2009-394)

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 2009 as National American Indian Heritage Month, and urges all our citizens to observe this month with appropriate programs, ceremonies and activities.

2009-395)

Amend resolution 2008-407 adopted on October 23, 2008 authorizing execution of a contract with Tabner, Ryan and Keniry, LLP and resolution 2009-259 adopted on May 14, 2009 increasing the total amount from $15,000 to $22,500 to further amend the authorization to increase the amount not to exceed to $25,000 [for Water Tower Property Legal Services relative to Water System Improvements DWSRF #17357] and provided that this resolution shall be the final authorization to increase the amount for legal services in this matter.

2009-396)

Accept a drainage easement offered to the Town of Schodack by Gary L. and Stephanie A. Petrone, and Burton and Susan VanWie, all of Waters Road, as more particularly described in Schedule A.

2009-397)

Withdrawn [Agreement undergoing revision/amendment] Authorize Supervisor Secor to execute the Intermunicipal Agreement between the Town of Schodack, and the Cities of Rensselaer and Troy, village of Castleton-on-Hudson, the Towns of: Poestenkill, Sand Lake, Schaghticoke and the County of Rensselaer to comply with the Federal and State Phase II Stormwater Regulations and SPDES General Permit for Stormwater Discharges from MS4s dated August 21, 2009.

2009-398)

Authorize Supervisor Secor to execute a Cash Management Services Agreement and Automated Clearing House Electronic Data Interchange Service Schedule Agreement with Keybank National Association.

2009-399)

Authorize partial Payment Estimate No. 3, contingent on all M/WBE requirements being met, for the work completed by Stephen Miller General Contractors, Inc., Contract No. 5G General Construction in the total amount of $173,288.83 less retainage of five percent (5%) in the amount of $8,664.44 for a total payment not to exceed $164,624.39.

2009-400)

Authorize partial Payment Estimate No. 1 for the work completed by J. A. Bradley, Contract No. 5E Electrical Work in the total amount of $71,000.00 less retainage of five percent (5%) in the amount of $3,550.00 for a total payment not to exceed $67,450.00.

2009-401)

Authorize Final Payment for work completed by Casale Excavating, Inc. Contract No. 9 Water District No. 9 in the total amount of $35,978.91 which includes retainage, contingent upon securities to be provided pursuant to the contract warranty.

2009-402)

Authorize Jeffrey Conlin, Building Inspector, Gary Ziegler, Building Inspector and Nadine Fuda, Zoning Control Officer to attend the Capital District Building Officials Educational seminar at the Holiday Inn in Albany, New York, on October 19, 20 and 21, 2009. Cost is $110 per Building Inspector, each will be attending one (1) day, and $265 for Zoning Officer who will be attending all three (3) days. The cost of the seminar is inclusive of meals. Total cost shall not exceed $485 for all participants.

2009-403)

Authorize the Supervisor to reimburse Castleton Volunteer Ambulance Service in the amount of $1,945.15 for repairs to the Town's Oxygen Compressor stored at said Ambulance garage.

2009-404)

Authorize the following Schodack Landing Sewer Project Budget Amendments to Rural Development Form E:

Increase A.2 by $600.00 from $6,255.49 to $6,855.49 (Bonding)
Decrease A.5 by $268.02 from $54,500.00 to $54,231.98 (Lands, ROW)
Decrease A.7 by $106.41 from $7,129.39 to $7,022.98 (Miscellaneous)
Decrease D.1 by $225.57 from $225.57 to 0.00 (Contingency)
Net change to budget equals $0.00

2009-405)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-1337 to 09-1470 on Abstract No. 09-09, in the amount of $435,807.86, including the claims paid ($175,608.60) since the previous town board meeting.

2009-406)

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

Actions of the Town Board - September 24, 2009

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

2009-408)

To waive the requirement pursuant to Chapter 117 §1 to hold Water Rate hearings on or before October 20th, in order to schedule said hearings at the regular Workshop meeting on October 22, 2009.

2009-409)

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 22, 2009.

2009-410)

Authorize Town Clerk to publish legal notice of public hearings on proposed water rates for Operation and Maintenance costs and the assessment rolls for the capital charges for Water District Numbers 1, 2A, 3, 5, 8, 9, and 101. Said hearing shall be held on Thursday, October 22, 2009 at 7 p.m. at the Schodack Town Hall, 265 Schuurman Road.

2009-411)

Authorize Town Clerk to publish legal notice of public hearing on proposed sewer rents for Operation and Maintenance costs and the assessment rolls for the capital charges for Sewer District Numbers 1, 2, 4, 5, 7, and 8. Said hearing shall be held on Thursday, October 22, 2009 at 7:30 p.m. at the Schodack Town Hall or as soon thereafter as the above water district hearings are concluded.

2009-412)

Adopt the fee schedule for Fall Clean Up Days (October 22, 23 & 24) at the Transfer Station as follows:

Refrigerators, freezers, air
conditioners & dehumidifiers $10.00
Tires, rimless (maximum size 16") $2.00 *
* larger and rimmed tires priced by size
TVs, computer monitors $7.00
Propane tanks FREE
Furniture FREE
Metal goods FREE
Push mowers FREE
Gas grills FREE
Bicycles FREE

2009-413)

WITHDRAWN: "Accept proposal to install a 25Kw electrical Photovoltaic Solar system (100 solar panels) on the roof of the Schodack Town Hall by Monolith Solar, a Rensselaer County business to be provided at no cost to the Town to provide electricity to the Town Hall and further authorize Supervisor Secor to execute agreement."

2009-414)

WITHDRAWN: "WHEREAS, the Dewey Loeffel Hazardous Waste Site is located in southern Rensselaer County with an estimated 46,000 tons of toxic waste buried in a failed capped landfill, and

WHEREAS, remediation of this site has been ongoing for decades with insufficient progress made to prevent contaminates seeping from the site into groundwater, and

WHEREAS, the New York State Department of Environmental Conservation has delayed design and construction of a leachate treatment plant at the Mead Road Site due to New York State budgetary constraints, and

WHEREAS, the estimated cost to construct a leachate treatment plant on site is 32 million dollars with annual operation and maintenance of several millions of dollars, and

WHEREAS, the Department of Environmental Conservation has indicated that remediation of the subject site will be indefinite, and

WHEREAS, although millions have been spent to address sediment contamination, fish in Nassau Lake and its tributaries remain contaminated and there are Department of Health warnings for the Lake, and

WHEREAS, the contamination impacts property values, public health and creates an environmental crisis,

WHEREAS, the New York State Department of Environmental Conservation supports the nomination of the above-referenced site to the National Priorities List [NPL - a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States], and

WHEREAS, the National Priorities List is intended primarily to guide the United States Environmental Protection Agency (USEPA) in determining which sites warrant further investigation under the federal superfund program, and

WHEREAS, based on the complexity and magnitude of this project, the state resources that are available for this currently state-led project, and the legal challenges of pursuing responsible parties to pay for the work in the first instance or through cost recovery, New York State has initiated the process to nominate this site for inclusion on the NPL, and

WHEREAS, the EPA has collected sediment samples from Nassau Lake, the Valatie Kill and the T-11A tributary from the Loeffel site to determine if the sites qualify for listing on the NPL, and

WHEREAS, the USEPA can bring a national perspective to the evaluation of the Dewey Loeffel site, having located and analyzed tens of thousands of hazardous waste sites and protected people and the environment from contamination and, pursuant to the provisions of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the USEPA may be able to involve the responsible parties in the on-site remediation that the State of New York forfeited in the Seven Sites Agreement in the early 1980s,

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack wholeheartedly endorses the nomination of the Loeffel site to the USEPA National Priorities List and encourages United States Senators Charles Schumer and Kirsten Gillibrand to support said nomination in order to protect Schodack residents and their health, safety and welfare."

2009-415)

Amend resolution 2009-135 adopted February 26, 2009 and resolution 2009-165 adopted March 26, 2009 to increase authorized amount for Barton and Loguidice, P.C. for remediation work at Town Landfill, from $16,000 to $27,700 pursuant to correspondence dated September 16, 2009, for Additional Preliminary Design work ($5,500), Construction Oversight ($7,200) and a decrease of $1,000 in the original proposal. [Total additional amount of $11,700].

2009-416)

Authorize Patroon Abstract Corp. to provide title searches to determine ownership of real property [Tax map numbers 209.-9-4.2, 210.0-1-1, 210.1-10-13 and 210.1-10-14] consisting of parcel of land over/under in which transmission lines and appurtenances related to Water System Improvements for Water District Numbers 1 and 3, will be placed. Pursuant to retainer agreement dated September 23, 2009 said work will be billed at the rate of $600 per search and total cost will not exceed $2,400. Additionally, Patroon Abstract Corp will record easements once they are obtained by the Town with estimated recording fees of $138 to be borne by the Town.

2009-417)

Authorize the Supervisor to Issue (1) Bond anticipation Renewal Notes in the Aggregate Principal Amount of $2,095,969 and (2) additional Bond Anticipation Notes, including the following: (A) $172,964 to Finance the Acquisition of 2010 IHC Model 7500 Dump Truck with sander, plow and wing attachments, (b) $150,000 to Finance the Repair, Reconstruction and Restoration of Eroded Drainage Areas at the Capped Landfill at the Town Transfer Station.

2009-418)

Authorize Jennifer L. Mulligan, CPA, Comptroller to attend Fourteenth Annual Governmental GAAP Update, Webinar November 5, 2009 at the Town Hall. Cost of the Webinar is $135, as budgeted.

2009-419)

Amend resolution 2009-396 adopted September 10, 2009 accepting drainage easements offered to the Town by Gary L. and Stephanie A. Petrone and Burton and Susan Van Wie, all of Waters Road, to further authorize Supervisor Secor to execute said easements on behalf of the Town and additionally, direct David Gruenberg, Esq. Attorney for the Town, to record easements (estimated recording fees of $98) to be borne by the Town.

2009-420)

Authorize Councilman Stinner to execute agreement with Suburban Propane for installation of propane tank(s) either (2-300 gallon tanks of 1-500 gallon tank) at the Town Hall Well Field Pump Station site at cost not to exceed $277 which includes the first year rental of tank. Furthermore, authorize tank to be filled upon installation at a cost not to exceed $1,577. [Based on estimate that usage will be 600-800 gallons per year and current market price of $2,629]. Total costs not to exceed $1,854.00

Action of October 6, 2009 (8 Oct, 22 Oct, & 27 Oct, below)

2009-421)

WHEREAS, the Town Board of the Town of Schodack on August 13, 2009 authorized the Town Clerk to publish a legal notice to solicit sealed bids for the Water System Improvements for Water District Numbers 1 and 3, Contract No. 8. Plans pursuant to specifications prepared by J. Kenneth Fraser and Associates and said notice having appeared on August 18, 2009, and

WHEREAS, the Town Board of the Town of Schodack received eleven (11) bids, which were opened on September 17, 2009 for the Water System Improvements for Water District Numbers 1 and 3, Contract No. 8, and

WHEREAS, the bids were opened in accordance with its notice and were as follows: Drilling Technologies, Inc., base bid in the amount of $752,451.50, alternate bid in the amount of $750,169.50; Jersen Construction Group, LLC, base bid in the amount of $758,990.00, alternate bid in the amount of $675,465.00; American Evergreen, Inc., base bid in the amount of $777,350.00, alternate bid in the amount of $709,905.00; Kingsley Arms, Inc., base bid in the amount of $868,247.50, alternate bid in the amount of $780,090.00; Wm. J. Keller and Sons Construction Corp., base bid in the amount of $878,653.25, alternate bid in the amount of $786,717.50; Merritt Construction, Inc., base bid in the amount of $879,100.75, alternate bid in the amount of $804,717.20; Cranbrook Construction, Inc., base bid in the amount of $923,450.00, alternate bid in the amount of $845,511.00; Casale Excavating, Inc., base bid in the amount of $924,372.04, alternate bid in the amount of $868,426.40; Carver Construction, Inc., base bid in the amount of $976,161.00, alternate bid in the amount of $889,631.00; Chip Kronau Construction, base bid in the amount of $979,773.75, alternate bid in the amount of $897,786.75; and Trinity Construction, Inc., base bid in the amount of $999,613.00, alternate bid in the amount of $920,523.00, 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 bid of Jersen Construction Group, LLC, (alternate bid) in the amount of $675,465.00; and

BE IT FURTHER RESOLVED that Supervisor Secor is authorized to execute all appropriate contract(s).

Actions of October 8, 2009

2009-422)

Ratify and affirm an amendment to resolution 2009-411 adopted September 24, 2009 authorizing Town Clerk to publish legal notice of public hearing on proposed sewer rent for Operation and Maintenance costs and the assessment rolls for the capital charges for Sewer District Numbers 1, 2, 4, 5, 7, and 8 to additionally include Sewer District Number 6 for Operation and Maintenance costs. Said hearing shall be held on Thursday, October 22, at 7:30 p.m., or as soon thereafter as water district hearings are concluded, at the Schodack Town Hall.

2009-423)

Accept proposal to install up to 25Kw electrical Photovoltaic Solar system on the roof of the Schodack Town Hall by Monolith Solar, a Rensselaer County business, to be provided at no cost to the Town to provide electricity to the Town Hall and to further authorize Supervisor Secor to execute agreement upon approval of the Attorney to the Town as to form, including provisions requiring Monolith to pay for National Grid and underwriting inspections.

2009-424)

WHEREAS, the Dewey Loeffel Hazardous Waste Site is located in southern Rensselaer County with an estimated 46,000 tons of toxic waste buried in a failed capped landfill, and

WHEREAS, remediation of this site has been ongoing for decades with insufficient progress made to prevent contaminates seeping from the site into groundwater, and

WHEREAS, the estimated cost to construct a leachate treatment plant on site is 32 million dollars with annual operation and maintenance of several millions of dollars, and

WHEREAS, the Department of Environmental Conservation has indicated that remediation of the subject site will be indefinite, and

WHEREAS, although millions have been spent to address sediment contamination, fish in Nassau Lake and its tributaries remain contaminated and there are Department of Health warnings for the Lake, and

WHEREAS, the contamination impacts property values, public health and creates an environmental crisis,

WHEREAS, the EPA has collected sediment samples from Nassau Lake, the Valatie Kill and the T-11A tributary from the Loeffel site to determine if the sites qualify for listing on the NPL, and

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack wholeheartedly endorses the nomination of the Loeffel site to the USEPA National Priorities List and encourages United States Senators Charles Schumer and Kirsten Gillibrand and Congressmen Paul Tonko and Scott Murphy to support said nomination in order to protect Schodack residents and their health, safety and welfare.

2009-425)

WHEREAS, pursuant to resolution 2009-074 adopted on January 22, 2009 authorizing Supervisor Secor to execute Stipulation of Settlement and Agreement By and Between the Town of Schodack and the New York State Law Enforcement Officers Union, Council 82, AFSCME, AFL-CIO, Local 1571S and Steven M. Roy dated January 2009, and

WHEREAS, resolution 2009-299 adopted on June 11, 2009 pursuant to Article IX of the Constitution, the Town of Schodack requested the enactment of Assembly bill number 8588 (M of A Gordon) entitled "AN ACT authorizing Steven Roy to file for retroactive membership in the optional 20-year retirement plan of the New York state and local police and fire retirement system pursuant to section 384-d of the retirement and social security law," and

WHEREAS, it was declared that a necessity existed for the enactment of such legislation, and

WHEREAS, the fact establishing such necessity is that said local government does not have the power to enact such legislation by local law, and

WHEREAS, the Home Rule Request forms were completed by the Schodack Town Clerk and transmitted to the Home Rule Counsel in care of the New York State Assembly, and

WHEREAS, said legislation being enacted by both houses of the New York State Legislature and signed into law by Governor Paterson as Chapter 404 of the Laws of 2009,

NOW, THEREFORE, BE IT RESOLVED to authorize the Town of Schodack to reopen the Retirement Plan described in Section 384-d of the Retirement and Social Security Law, for Police Officer Steven Roy as set forth in Chapter 404 (Laws of 2009), and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Schodack of the State of New York, does hereby assume the additional cost required to provide the reopening of Section 384-d of the Retirement and Social Security Law, pursuant to Chapter 404 of the Laws of 2009.

2009-426)

Authorize payment of $15,000 to Fox Hollow, LLC in full settlement of In the Matter of the Application of Town of Schodack, Petitioner to Acquire Title to Certain Real Property -v- Fox Hollow, LLC, Respondent (Index No. 226701) pursuant to the Decision and Order of the Honorable Patrick J. McGrath, Supreme Court Justice on September 9, 2009.

2009-427)

To request New York State Department of Transportation to conduct a traffic safety study relative to the South Old Post Road Speed limit between Schodack Valley Road and Maple Hill Road.

2009-428)

Authorize Supervisor Secor to execute Change Order No. 2 with J.A. Bradley - Contract No. 5E - Electrical Work on Water System Improvements DWSRF #16736 to grant an extension of time for completion of Contract No. 5E-Electrical Work extending the completion date to September 30 to energize equipment required to pump treated water into the system and to October 22, 2009 for final completion.

2009-429)

Amend Resolution 2009-313 to increase the authorization of the total amount of legal fees from $7,500 to $10,712.50 to be paid to Hiscock & Barclay, LLP for consolidation of existing water districts No. 2A, 2B, 4, 5, 8 and 9 into Consolidated Water District No. 101. It is understood that this is the final authorization for legal fees.

2009-430)

Authorize the Supervisor to accept the proposal of Action Window Cleaning Co., Inc., in the amount of $800.00 for window cleaning at Town Hall, within budgeted amount.

2009-431)

Authorize Supervisor Secor to execute Letter of Engagement and Retainer agreement with Hiscock and Barclay, LLP for Bond Counsel Services relative to NYS EFC Water Districts No. 1 and 3 Capital Project and ARRA Financing (DWSRF 17358) in the total amount of $7,000 (bond counsel fees), plus disbursements not to exceed $500.

2009-432)

Authorize partial Payment Estimate No. 2 for the work completed by J. A. Bradley, Contract No. 5E Electrical Work, in the total amount of $14,500 less retainage of five percent (5%) in the amount of $ 725 for a total payment not to exceed $13,775.

2009-433)

Withdrawn: "Authorize partial Payment Estimate No. 4, contingent on all appropriate M/WBE requirements being met, for the work completed by Stephen Miller General Contractors, Inc., Contract No. 5G General Construction in the total amount of $267,630.65 less any liquidated damages that have accrued to the contract and retainage of five percent (5%) in the amount of $13,381.53 for a total payment not to exceed $254,249.12."

2009-434)

Amend resolution 2009-412 adopted on September 24, 2009 to reflect Fall Clean Up Days are October 15, 16 and 17 at the Transfer Station.

2009-435)

Resolved that commencing September 28, 2009 the employees of the Town of Schodack may, by written designation in a form to be provided by the Payroll Department, transfer sick time which they have accumulated to another designated Town of Schodack employee. Said designated employee has exhausted other accrued leave first and then use the transferred sick time during the calendar year in which the time was transferred. Any transferred sick time not used during the aforesaid calendar year shall revert to the transferring Town employees in amounts proportional to the initial hours they transferred.

2009-436)

Authorize Town Clerk to circulate Requests for Proposals relative to cleaning of the Town Hall and limited cleaning services at the Police Department, as part of the 2010 Budget preparation and review.

2009-437)

Amend Resolution 2009-420, as adopted on September 24, 2009, to correct the number of tanks to be installed as follows: three (3) 100-gallon tanks. Cost estimates and authorizations remain the same.

2009-438)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-1471 to 09-1634 on Abstract No. 10-09, in the amount of $3,225,490.60, including the claims paid ($488,314.97) since the previous town board meeting.

2009-439)

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

Actions of October 22, 2009

2009-440)

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 22nd day of October 2009, said hearing being duly convened at the time and place specified in said notice, and

WHEREAS, the Town Board considered public comment on said proposed water rates,

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter 2010 billing period for water rates for Water District No. 1 (Clearview) for 165 users shall be $ 50.00 for the first 18,000 gallons and $4.00 for each additional 1,000 gallons or portion thereof.

2009-441)

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 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 22, 2009 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 22nd of October 2009, 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 280.53 units and adopted [as amended] on October 22nd 2009 and filed in the office of the Town Clerk of the Town of Schodack.

2009-442)

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

WHEREAS, the Town Board considered public comment on said proposed water rates,

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter 2010 billing period for 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 until such time as Water District No. 3 shall be interconnected with Water District No. 1.

2009-443)

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 on October 22, 2009 and filed in the office of the Town Clerk of the Town of Schodack.

2009-444)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Consolidated Water District No. 101, 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 considered public comment on said proposed water rates,

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter 2010 billing period for water rates for Water District No. 101 (for all 271 existing users in the six existing Water Districts formerly known as Water Districts Nos. 2a, 2b, 4, 5, 8 and 9) shall be $75.00 for the first 18,000 gallons and $4.00 for each additional 1,000 gallons or portion thereof.

2009-445)

WHEREAS, the Town Board of the Town of Schodack, Rensselaer County, has completed an assessment roll for Consolidated Water District No. 101 (formerly Water Districts Nos. 2a, 2b, 4, 5, 8 and 9) and filed the same with the Town Clerk of the Town of Schodack, and

WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road, Castleton-on-Hudson, New York on the 22nd of October, 2009, 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 1,981 units and adopted on October 22nd 2009 and filed in the office of the Town Clerk of the Town of Schodack.

2009-446)

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. 2A (Inglewood) and filed the same with the Town Clerk of the Town of Schodack, and

WHEREAS, pursuant to Resolution 2009-378 adopted on August 27, 2009, it was determined by the Town Board of the Town of Schodack to be in the public interest to consolidate six existing water districts to be known as Consolidated Water District No. 101, and

WHEREAS, it was further determined that any costs of outstanding indebtedness for improvements to the districts consolidated would remain the obligation of each said district, 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 22nd 2009 and filed in the office of the Town Clerk of the Town of Schodack.

2009-447)

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

WHEREAS, it was further determined that any costs of outstanding indebtedness for improvements to the districts consolidated would remain the obligation of each said district, 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 22nd, 2009 and filed in the office of the Town Clerk of the Town of Schodack.

2009-448)

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

WHEREAS, it was further determined that any costs of outstanding indebtedness for improvements to the districts consolidated would remain the obligation of each said district, 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 22nd 2009 and filed in the office of the Town Clerk of the Town of Schodack.

2009-449)

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. 9 (Highway Garage/Route 20) and filed the same with the Town Clerk of the Town of Schodack, and

WHEREAS, it was further determined that any costs of outstanding indebtedness for improvements to the districts consolidated would remain the obligation of each said district, and

NOW, THEREFORE, BE IT RESOLVED that the said assessment roll be and the same is hereby affirmed for 135 units and adopted on October 22nd 2009 and filed in the office of the Town Clerk of the Town of Schodack.

2009-450)

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 22nd 2009 to consider proposed sewer rents for Sewer District No. 1 (Castleton) and

WHEREAS, due notice of the public hearing was 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 22nd day of October 2009, said hearing being duly convened at the time and place specified in said notice, and

WHEREAS, the Town Board considered public comment on said proposed sewer rates,

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2010 to June 30, 2010) the sewer rents for Sewer District No. 1 (Castleton) for 96 users shall be $165.00 semi-annual rate per unit.

2009-451)

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 22, 2009 to consider proposed sewer rents for Sewer District No. 2 (Castleridge) and

WHEREAS, due notice of the public hearing was published according to law, and

WHEREAS, the Town Board considered public comment on said proposed sewer rates,

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2010 to June 30, 2010)) the sewer rents for Sewer District No. 2 (Castleridge) for 47 users shall be $240.00 semi-annual rate per unit.

2009-452)

WHEREAS, due notice of the public hearing was published according to law, and

WHEREAS, the Town Board considered public comment on said proposed sewer rates,

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2010 to June 30, 2010) the sewer rents for Sewer District No. 4 (Brickyard) for 2 users shall be $340.00 semi-annual rate per unit.

2009-453)

WHEREAS, due notice of the public hearing was published according to law, and

WHEREAS, the Town Board considered public comment on said proposed sewer rates,

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2010 to June 30, 2010) the sewer rents for Sewer District No. 5 (East Schodack) for 27 users shall be $320.00 semi-annual rate per unit.

2009-454)

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 22, 2009 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 22nd of October, 2009, 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.

2009-455)

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.

2009-456)

WHEREAS, due notice of the public hearing was published according to law, and

WHEREAS, the Town Board considered public comment on said proposed sewer rates,

NOW, THEREFORE, BE IT RESOLVED that commencing with the first quarter 2010 billing period for the sewer rents for Sewer District No. 6 (Exit 10) for 34 users shall be $7.25 per thousand based on water meter.

2009-457)

WHEREAS, due notice of the public hearing was published according to law, and

WHEREAS, the Town Board considered public comment on said proposed sewer rates,

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2010 to June 30, 2010) the sewer rents for Sewer District No. 7 (Hamilton Printing) for 12 units shall be $165.00 semi-annual rate per unit.

2009-458)

WHEREAS, due notice of the public hearing was published according to law, and

WHEREAS, the Town Board considered public comment on said proposed sewer rates,

NOW, THEREFORE, BE IT RESOLVED that commencing with the semi-annual billing period (January 1, 2010 to June 30, 2010) the sewer rents for Sewer District No. 8 (Schodack Landing) for 68 units shall be $160.00 semi-annual rate per unit.

2009-459)

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 75.25 units and adopted as originally proposed and filed in the office of the Town Clerk of the Town of Schodack.

2009-460)

Authorize Town Clerk to publish legal notice of hearing to seek public input relative to the 2010 Preliminary Budget and proposed fees for 2010 to be held on Thursday, November 5, 2009 at 7 p.m. at the Schodack Town Hall, 265 Schuurman Road, Castleton-on-Hudson.

2009-461)

Authorize Supervisor Secor to execute an Intermunicipal Agreement with the Town of Nassau to agree to work jointly to facilitate the development and construction of a family resource center in conjunction with the Commission on Economic Opportunity of the Greater Capital Region, Inc.

2009-462)

Withdrawn: "WHEREAS, the Blueberry Meadows Subdivision developer, Joseph Perez, has defaulted on his obligation to complete drainage and roadway infrastructure within said approved subdivision, and

WHEREAS, said developer previously transmitted to the Town an offer of cession and deed to transfer title to the Town upon completion of the subdivision, and

WHEREAS, as a result of the above-referenced default, the Town Board now wishes to complete title work on said subdivision and the proposed transfer of title, and

WHEREAS, the Town currently holds a surety bond for completion of the necessary infrastructure as set forth above,

NOW, THEREFORE, BE IT RESOLVED to authorize Patroon Abstract to complete an update of the title report in an amount not to exceed $1,000.00 and to file the proferred offer of cession and deed in the Office of the Rensselaer County Clerk, and

BE IT FURTHER RESOLVED that the Attorney to the Town is directed to liquidate the surety bond held by the Town to complete the following:

1) for roadway improvements in order to complete the top coat of asphalt to the roadway during the 2009 construction season in order to facilitate plowing;
2) Payment for completion of an updated title policy; and
3) Payment of all County Clerk filing fees related to this acceptance,

BE IT FURTHER RESOLVED that the Town of Schodack dedicates the road known as Blueberry Meadows Road as a Town road, effective upon filing of all appropriate documents."

2009-463)

WHEREAS, on or about July 11, 2007, the Town of Schodack entered into a contract to sell to General Electric Company certain real property purportedly owned by the Town of Schodack, and necessary for the construction of the new Nassau Lake dam; as more fully described in Schedule A annexed; and

WHEREAS, the Town entered into such contract in order to facilitate and expedite the construction of a new dam on Nassau Lake, which was an urgent environmental and public safety priority even though title to the property was not clear; and

WHEREAS, a title examination and certification by Monroe Title Company has now clarified that, in fact, the town of Schodack has no actual interest or ownership rights in said property; and

WHEREAS, the dam has now been substantially completed, and the General Electric Company wishes to clarify its title to the property, in exchange for the payment of title examination fees and attorney fees incurred by the Town of Schodack; and

WHEREAS, General Electric Company has requested the Town to execute a quitclaim deed to the company, which simply conveys any right, title or claim the Town may have;

THEREFORE, BE IT RESOLVED, that the Supervisor is hereby authorized to execute a quitclaim deed to the real property described in said contract to the General Electric Company, upon payment of said title examination and attorney fees; and upon the continuing agreement of General Electric Company to indemnify and hold the Town harmless from any claims, as set forth in the original contract, and

BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the appropriate notices of this conveyance pursuant to §§ 64 and 91 of the Town law.

2009-464)

Withdrawn: "WHEREAS, the Subdivision of Servidone developer ____________ having substantially completed the infrastructure work required by Schodack Subdivison Regulations and required as a condition of the subdivision is desirous to convey the roads know as Isabella Court and Jenna Lane to the Town, and

WHEREAS, Richard Laberger, P.E. Review Engineer to the Schodack Planning Board has reviewed the paving and other roadway related construction and has estimated construction costs for the 20__ season for items identified as follows:

WHEREAS, the Highway Superintendent has also recommended that the roads be accepted and dedicated as Town roads, and

WHEREAS, the Town requires receipt of an updated title policy paid in full by the above-referenced developer for said road and surety in form approved by the Attorney to the Town,

WHEREAS, an irrevocable offer of cession has been presented to the Town by Servidone Subdivision developer ___________, which offer dedicates the roads known as Isabella Court and Jenna Lane to the Town, to be henceforth know as Isabella Court and Jenna Lane

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby accepts said offer of cession and hereby accepts and dedicates the highways to be know as Isabella Court and Jenna Lane as Town roads contingent upon the following:

1)...
2)...
3...

BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute and file all necessary documents relating to this acceptance. (Additional language to be provided by David Gruenberg, Esq)."

2009-465)

Authorize Upstate Appraisal Services, Inc. to prepare, travel and appear in court relative to Article 7 Proceedings entitled Hamilton Industrial Corp. -v- Town of Schodack (Tax Map parcel number 198.-4-1.11) in an amount not to exceed $3,000.

Actions of October 27, 2009

2009-466)

WHEREAS, the Blueberry Meadows Subdivision developer, Joseph Perez, has defaulted on his obligation to complete drainage and roadway infrastructure within said approved subdivision, and

WHEREAS, said developer previously transmitted to the Town an offer of cession and deed to transfer title to the Town upon completion of the subdivision, and

WHEREAS, as a result of the above-referenced default, the Town Board now wishes to complete title work on said subdivision and the proposed transfer of title, and

WHEREAS, the Town currently holds a surety bond for completion of the necessary infrastructure as set forth above,

NOW, THEREFORE, BE IT RESOLVED to ratify and affirm the action of the Supervisor to retain Patroon Abstract to complete an update of the title report in an amount not to exceed $1,000.00 and to file the proferred offer of cession and deed in the Office of the Rensselaer County Clerk, and

BE IT FURTHER RESOLVED that the Attorney to the Town is directed to liquidate the surety bond held by the Town to complete the following:

1) for roadway improvements in order to complete the top coat of asphalt to the roadway during the 2009 construction season to facilitate plowing;
2) Payment for completion of an updated title policy; and
3) Payment of all County Clerk filing fees related to this acceptance,

BE IT FURTHER RESOLVED that the Town of Schodack dedicates the road known as Blueberry Meadows Lane as a Town road, effective upon filing of all appropriate documents.

2009-467)

WHEREAS, the Servidone Subdivision developer, Capital Development Group, LLC, Francis J. Hodoroski, Member, having substantially completed the infrastructure work required by Schodack Subdivison Regulations and required as a condition of the subdivision is desirous to convey the roads known as Isabella Court and Jenna Lane to the Town, and

WHEREAS, Richard Laberge, P.E. Review Engineer to the Schodack Planning Board has reviewed the paving and other roadway related construction and has estimated construction costs for the 2009 season for items identified, and

WHEREAS, the Highway Superintendent has also recommended that the roads be accepted and dedicated as Town roads, and

WHEREAS, the Town requires receipt of an updated title policy paid in full by the above-referenced developer for said road and surety in form approved by the Attorney to the Town, and

WHEREAS, an irrevocable offer of cession has been presented to the Town by the Servidone Subdivision developer, Capital Development Group, LLC, Francis J. Hodoroski, Member, which offer dedicates the roads known as Isabella Court and Jenna Lane to the Town, to be henceforth known as Isabella Court and Jenna Lane,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby accepts said offer of cession and hereby accepts and dedicates the roads to be known as Isabella Court and Jenna Lane as Town roads contingent upon the following:

1) Title Report, Updated Deed, Offer of Cession and other papers are filed with Rensselaer County Clerk as required by the Attorney to Town
2) All Conditions described in correspondence to Planning Board dated July 9, 2009 are satisfied.
3) Posting of Cash bond in amount satisfactory as specified by Planning Board Engineer, Richard F. Laberge, P.E., President, Laberge Group

BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute and file all necessary documents relating to this acceptance.

Actions of Nov. 5, 2009 (November 19 below)

2009-468)

Authorize General Mechanical Systems, Inc. to perform emergency services as quoted in proposal P00196 to repair heating system at the Town Hall at a cost not to exceed $1,963.00

Actions of Nov. 19, 2009

2009-486)

WHEREAS the Town of Schodack has undergone the revaluation of real properties within the Town, the Town feels that it is necessary to conduct an assessment update project of all properties for the Schodack assessment roll to maintain a uniform standard of assessment for the Town; and

WHEREAS the State of New York will provide financial assistance to the Town for the implementation of a system of real property administration which conforms to the standards established pursuant to Subdivision 1 of Section 1570 of the Real Property Tax Law;

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Town Board of the Schodack requests State assistance, specifically from the NYS Office of Real Property Services, to help complete an assessment update project to maintain a uniform standard of assessment in accordance with Section 305 of the Real Property Tax Law; and

IT IS FURTHER RESOLVED, that the Supervisor is hereby authorized to execute the 6-year plan and to submit same to the Office of Real Property Services.

2009-487)

Authorize Supervisor Secor to transmit fee to the Town of East Greenbush collected pursuant to the 2004 Intermunicipal Sewer agreement with East Greenbush, specifically $5,000.00 from British American Development for Tax Map No. 178.-12-27.

2009-488)

Authorize Supervisor Secor to transmit a request to Rensselaer County Legislature to relevy outstanding fees of $35,000 for tax map number 178.-3-6.222, $45,000 for tax map number 178.-4-2.2, $16,670.00 for Tax Map No. 178.-12-27 and $35,000 for tax map number 178.9-2-2 on their respective January 2010 tax bills (or PILOT) for transmittal..Said fees are to be paid upon receipt to the Town of East Greenbush pursuant to the terms and conditions of the Intermunicipal Sewer Agreement between the Towns of Schodack and East Greenbush executed on May 27, 2004.

2009-489)

Authorize Supervisor Secor to execute 2009-2010 Snow and Ice Agreement with Rensselaer County Department of Engineering and Highways for reimbursement for Snow and Ice removal on Stony Point Road.

2009-490)

WITHDRAWN: "WHEREAS, the Town Board adopted Resolution 2005-493 on December 29, 2005 for J. Kenneth Fraser and Associates to complete the Study and Report to improve the water system in Water District No. 1 (Clearview), extend the district to serve new customers along Van Hoesen Road and Reservoir Road, and interconnect the system with the Village of Castleton water system at the Village's raw water storage, and

WHEREAS, the Town Board adopted Resolution 2007-309 on July 12, 2007 to execute a contract for professional services relative to Water Districts 1, 3 and 7 with J..Kenneth Fraser and Associates, and

WHEREAS, the Town Board adopted Resolution 2009-332 on July 9, 2009 accepting as complete amendments dated July 2009 to a certain Map, Plan and Report, entitled "Proposed Water System Improvements to Existing Water District Numbers 1 and 3," dated May 2007 and revised July 2009, as prepared by J. Kenneth Fraser & Associates, which eliminated Van Hoesen Road, Water District No. 7 and the interconnection to the Village of Castleton from the project, and

WHEREAS the Town received correspondence from J. Kenneth Fraser dated November 6, 2009 requesting an amendment to Exhibit C, Payments to Engineer for Services and Reimbursable Expenses, and

WHEREAS the Town received correspondence from J. Kenneth Fraser and Associates dated November 10, 2009 identifying the portion of the fees related to Study (planning) that benefitted the project formerly known as Water Districts 1, 3 and 7 and does not benefit the current project known as Water Districts 1 and 3, and

NOW, THEREFORE, BE IT RESOLVED to amend Exhibit C of said Agreement dated November 6, 2009 as follows:

Item	Previous Contract	Amended Contract	Increase/(Decrease)
Basic Services
a. Study Phase	$18,500.00	$26,348.28	$7,848.28
b. Prelim. Design/ Mapping/ Reg. Phase	$40,000.00	$58,315.32	$18,315.32
c. Final Design Phase	$27,000.00	$58,315.31	$31,315.31
d. Bidding or Negotiating Phase	$8,000.00	$13,427.65	$5,427.65
e. Construction Phase	$12,000.00	$8,000.00	($4,000.00)
f..Post Construction	$2,000.00	$1,000.00	($1,000.00)
Sub-Total	$107,500.00	$165,406.56	$57,906.56
Additional Services
a. Mapping	Included Above	Included Above	$0.00
b. Sub-Surface Investigations	$4,000.00	$1,072.50	($2,927.50)
c. Wetlands Investigations	$1,000.00	$0.00	($1,000.00)
d. Arch./Hist. Investigations	$15,000.00	$6,050.00	($8,950.00)
e. SEQRA Activities Coordination	$2,000.00	$1,285.00	($715.00)
f. Easement Document Preparation	$2,000.00	$505.00	($1,495.00)
Sub-Total	$24,000.00	$8,912.50	($15,087.50)
Resident Project Representative Services	$36,000.00	$30,680.94	($5,319.06)
Total	$167,500.00	$205,000.00	$37,500.00

BE IT FURTHER RESOLVED that $40,116.86 (invoice 1 through 16) of fees incurred are identified as planning of capital improvements under GML§99-d that do not benefit the current project known as Water Districts 1 and 3 and are hereby authorized to be transferred back to the General Town-wide Fund (A) through the appropriation of fund balance, and

BE IT FURTHER RESOLVED that the balance of the engineering contract in the amount of $164,883.14 ($205,000.00 less $40,116.86) is deemed as related to the project known as Water Districts 1 and 3, DWSRF #17358, and

BE IT FURTHER RESOLVED that the supervisor shall be authorized to execute the amendment to Exhibit C of said Owner-Engineer Agreement for a total increase in the amount of $37,500.00 and

BE IT FURTHER RESOLVED that additional services, which, under the contract, require separate authorization are ratified and affirmed."

2009-491)

Authorize payment to Callanan Industries Invoice No. 9092-02 in the amount of $27,111.56 representing the application of a top course of asphalt to Blueberry Meadows Lane dedicated as a Town road on October 27, 2009 and further demand release of a surety bond posted by JP & Sons, the subdivision developer now in default.

2009-492)

WITHDRAWN: "WHEREAS, the CSEA, Local 1000 AFSCME, AFL-CIO agreement allows employees to carry up to 280 hours of vacation time into the next year of employment, and

WHEREAS James Harrington has accrued 358 hours to date and due to scheduling it is undesirable to the Town for him to take eight and one-half (8.5) days off in.December, and fourteen days (14) off in January, consecutively, and

WHEREAS upon adoption of this resolution James Harrington will revise his vacation plans to accommodate the Town,

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Schodack that James Harrington is authorized to carry forward the accrued balance in excess of 280 hours vacation time beyond his anniversary date of January 2, 2010 to be utilized no later than January 21, 2010."

2009-493)

Authorize Supervisor Secor to execute a maintenance agreement, including parts and labor, with Eastern Copy for the Savin 8025 copier in the Town Clerk office, ID#655BA, for the period November 2, 2009 to November 2, 2010 for $242.00..Contract includes 30,000 copies annually with an overage charge of $0.00770 per copy.

2009-494)

Amend resolution [2009-102] to increase estimated total cost from $503.00 to $637.45 (Fire Investigation Unit Photography Course at Montour Falls)

Actions of December 10, 2009 (Actions of Dec 29, below)

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

2009-495)

WHEREAS Seth Robert Hendrick, son of Seth and Ann Hendrick, on the twenty-seventh of November in the year two thousand nine, received his Eagle Scout badge, the highest rank a boy can receive in scouting, and

WHEREAS, Seth started his journey in Cub Scouting, as a Tiger Cub in first grade, with Pack 253 in Castleton-on-Hudson, New York, and

WHEREAS, Seth is a member of Boy Scout Troop 53 and has earned 35 Merit Badges in his twelve years of Boy Scouting, and

WHEREAS, Seth enjoyed many camping trips that contributed greatly to his growth as a Scout, most notably the Pharaoh Lake Wilderness Area, and

WHEREAS, Seth enjoyed educational trips to include Gettysburg battlefield and the nation's capital, Washington, D.C., and

WHEREAS, as his Eagle Scout project Seth chose to improve and beautify his place of worship, Sacred Heart Church, by improving the main walkway and improving the landscape with a flowering tree and other plants, and

WHEREAS, Seth is a graduate of the class of 2009, from Maple Hill High School, where he excelled in academic achievement, and

WHEREAS, Seth entered and now attends Hudson Valley Community College in the Engineering Science program, and

WHEREAS, Seth now continues, as an adult leader, to serve the Scouts of Troop 53 as an Assistant Scoutmaster,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Seth Robert Hendrick 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 forward a copy of this resolution, suitably engrossed to Seth Robert Hendrick.

2009-496)

WHEREAS, the Town Board adopted Resolution 2005-493 on December 29, 2005 for J. Kenneth Fraser and Associates to complete the Study and Report to improve the water system in Water District No. 1 (Clearview), extend the district to serve new customers along Van Hoesen Road and Reservoir Road, and interconnect the system with the Village of Castleton water system at the Village's raw water storage, and

WHEREAS, the Town Board adopted Resolution 2007-309 on July 12, 2007 to execute a contract for professional services relative to Water Districts 1, 3 and 7 with J. Kenneth Fraser and Associates, and

WHEREAS, the Town Board adopted Resolution 2009-332 on July 9, 2009 accepting as complete amendments dated July 2009 to a certain Map, Plan and Report, entitled "Proposed Water System Improvements to Existing Water District Numbers 1 and 3," dated May 2007 and revised July 2009, as prepared by J. Kenneth Fraser and Associates, which eliminated Van Hoesen Road, Water District No. 7 and the interconnection to the Village of Castleton from the project, and

WHEREAS, the Town received correspondence from J. Kenneth Fraser dated November 6, 2009 requesting an amendment to Exhibit C, Payments to Engineer for Services and Reimbursable Expenses, and

WHEREAS, the Town received correspondence from J. Kenneth Fraser and Associates dated November 10, 2009 identifying the portion of the fees related to Study (planning) that benefitted the project formerly known as Water Districts 1, 3 and 7 and does not benefit the current project known as Water Districts 1 and 3, and

NOW, THEREFORE, BE IT RESOLVED to amend Exhibit C of said Agreement dated November 6, 2009 as follows:

Item	Previous Contract	Amended Contract	Increase/(Decrease)
Basic Services
a. Study Phase	$18,500.00	$26,348.28	$7,848.28
b. Prelim. Design/ Mapping/ Reg. Phase	$40,000.00	$58,315.32	$18,315.32
c. Final Design Phase	$27,000.00	$58,315.31	$31,315.31
d. Bidding or Negotiating Phase	$8,000.00	$13,427.65	$5,427.65
e. Construction Phase	$12,000.00	$8,000.00	($4,000.00)
f..Post Construction	$2,000.00	$1,000.00	($1,000.00)
..Sub-Total	$107,500.00	$165,406.56	$57,906.56
Additional Services
a. Mapping	Included Above	Included Above	$0.00
b. Sub-Surface Investigations	$4,000.00	$1,072.50	($2,927.50)
c. Wetlands Investigations	$1,000.00	$0.00	($1,000.00)
d. Arch./Hist. Investigations	$15,000.00	$6,050.00	($8,950.00)
e. SEQRA Activities Coordination	$2,000.00	$1,285.00	($715.00)
f. Easement Document Preparation	$2,000.00	$505.00	($1,495.00)
. Sub-Total	$24,000.00	$8,912.50	($15,087.50)
Resident Project Representative Services	$36,000.00	$30,680.94	($5,319.06)
Total	$167,500.00	$205,000.00	$37,500.00

BE IT FURTHER RESOLVED that the supervisor shall be authorized to execute the amendment to Exhibit C of said Owner-Engineer Agreement for a total increase in the amount of $37,500.00 and

BE IT FURTHER RESOLVED that additional services, which, under the contract, require separate authorization are ratified and affirmed.

2009-497)

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 13th.day of November received notice that Athanasios Stamoulis doing business as Schodack Diner has applied for 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 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.

2009-498)

WITHDRAWN: "Approve contract with Columbia-Greene Humane Society and authorize Supervisor Secor to execute contract for calendar year 2010, subject to approval as to form by the Attorney to the Town."

2009-499)

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, February 28 through March 4, 2010 at a estimated cost of.$240 registration fee, lodging and meals $490, and estimated cost for mileage of $172 for a total estimated cost of $902..This is a budgeted item.

2009-500)

To authorize the Town Clerk to post the year-end meeting for the 29th day of December 2009 at 5 p.m. at the Schodack Town Hall.

2009-501)

DEFEATED: Authorize payment to J. Kenneth Fraser and Associates, PE, LS, LA, P. C., in the amount of $595.00 for Engineering Services relative to Nassau Lake Sewer District improvements.

2009-502)

Authorize the selection and acceptance of Empire Blue Cross Insurance of premium rates for Health Insurance coverage effective January 1, 2010 with monthly premiums as follows: Individual $624.74 and family $1,624.32 and Medicare monthly premiums as follows: Individual $549.82 and family $1,549.40.

2009-503)

Authorize Supervisor Secor to execute Change Order No. 2 with Kingsley Arms, Inc. Contract No. 3C - Transmission Main DWSRF #16736 to grant an extension of time for completion of Contract No. 3C - Transmission Main extending the completion date from August 31, 2009 to January 31, 2010 for final completion.

2009-504)

Authorize Supervisor Secor to execute Change Order No. 3 with Statewide Aquastore, Inc. Contract No. 3B Water Storage Reservoir to grant an extension of time for completion of Contract No. 3B - Water Storage Reservoir extending the completion date from August 31, 2009 to January 31, 2010 for final completion.

2009-505)

Authorize partial Payment Estimate No. 3 for the work completed by J. A. Bradley, Contract No. 5E Electrical Work, in the total amount of $16,250.00 less retainage of five percent (5%) in the amount of $812.50 less liquidated damages in the amount of $1,800.00 for a total payment not to exceed $13,637.50.

2009-506)

Authorize partial Payment Estimate No. 4 for the work completed by J. A. Bradley, Contract No. 5E Electrical Work, in the total amount of $32,500.00 less retainage of five (5%) in the amount of $1,625.00 less liquidated damages in the amount of $6,000.00 for a total payment not to exceed $24,875.00.

2009-507)

Authorize partial Payment Estimate No. 2 for the work completed by Stephen Miller - General Contractors Inc. Contract No. 5G-General Construction in the total amount of $395,475.10 less retainage of five percent (5%) in the amount of $19,773.76 less liquidated damages in the amount of $10,000.00 for a total payment not to exceed $365,701.34.

2009-508)

Authorize Partial Payment Estimate No. 5 for the work completed by Kingsley Arms, Inc. Contract No. 3C Transmission Main in the total amount of $209,100.00, less retainage of five percent (5%) in the amount of $10,455.00, for a total payment not to exceed $198,645.00.

2009-509)

Authorize Partial Payment Estimate No. 1 for the work completed by Jersen Construction Group, LLC Contract No. 8 Water District No. 1 & 3 in the total amount of $125,401.43, less retainage of five percent (5%) in the amount of $6,270.07, for a total payment not to exceed $119,131.36 contingent upon receipt and approval of certified payrolls, M/WBE reports and ARRA reporting by the Town Comptroller.

2009-510)

Authorize Supervisor Secor to accept proposal and execute agreement dated November 24, 2009 for GAR to provide annual reassessment services in an amount not to exceed $23,000.

2009-511)

Authorize the Supervisor to issue a Bond Anticipation Note in the amount of $550,000 for the purpose of Water Systems Improvements including the development of two production wells, design of a permanent pump station and related improvements. Insert Real One

2009-512)

Amend resolution (2009-367) to increase estimated total cost from $1,782.92 to $1,817.76 (New York State Magistrates Association Fall Conference).

2009-513)

WITHDRAWN: "Authorize Supervisor Secor to execute a change CIREB agreement with Prudential Blake-Atlantic, Realtors to list for sale or lease real property owned by the Town at 1777 Columbia Turnpike for a term of one year, effective December 15, 2009 through December 15, 2010, broker's commission according to schedule dated ________ with listing price of Five Hundred Ninety-five Thousand Dollars ($595,000)..Contract is subject to approval as to form by Attorney to the Town. The Board requests monthly reports from the broker."

2009-514)

DEFEATED: WHEREAS, the Town Board has identified costs as planning of capital improvements under GML §99-d, and

WHEREAS, the Town Board has determined that the costs do not benefit the current project known as Water District Nos. 1 and 3, and

NOW, THEREFORE, BE IT RESOLVED, the following costs are hereby authorized to be transferred back to the General Town-wide Fund (A) through the appropriation of fund balance as follows:

Hanson VanVleet, LLC Clearview Well Field Evaluation $79,431.81
Hiscock & Barclay, LLP, Legal Services, $2,910.00
The Record, Legal Notices - 2007 & 2008, $970.66
Timothy Nugent, Legal Services - 2006 & 2007, $3,187.50
Interfund Loan Interest As applicable to costs removed

BE IT FURTHER RESOLVED that the capital projects known as VanHoesen Road Capital Project (H017, Castleton Water District No. 7 Improvements (H026), and Major Facilities Water District No. 3 and No. 7 (H027) are authorized to be closed and the related costs to be reallocated to the Water District No. 1 and 3 Capital Project as applicable.

2009-515)

DEFEATED: WHEREAS,.the Town Board authorized resolution 2009-240 on May 14, 2009 to amend J. Kenneth Fraser and Associates engineering contract dated July 10, 2008 related to Water District No. 9 (a portion of the project scope known as Drinking Water State Revolving Fund Project No. 16736) and,

WHEREAS, the Town received an amendment to Exhibit C, Payments to Engineer for Services and Reimbursable Expenses, and

NOW, THEREFORE, BE IT RESOLVED to amend Exhibit C of said Agreement dated July 10, 2008 for the following tasks:

Item	PreviousAuthorization	Amended Contract	Increase/(Decrease)
Basic Services
e. Construction Phase	$36,320.00	$29,744.00	($6,576.00)
Additional Services
b. Easement Procurement	$1,304.50	$1,050.00	($254.50)
Resident Project Rep. Services	$30,000.00	$36,830.50	6,830.50
Net Change			$ -0-

2009-516)

DEFEATED: WHEREAS, the Town Board authorized resolution 2009-242 on May 14, 2009 to amend J. Kenneth Fraser and Associates engineering contract dated September 16, 2006 to interconnect Water Districts 2A, 2b, 4, 5 and 8 in the western part of the Town and Water District No. 9 in a transmission main in lieu of water mains that were to be constructed as part of the proposed Red Oaks subdivision, and

WHEREAS, the Town received an amendment to Exhibit C, Payments to Engineer for Services and Reimbursable Expenses, and

NOW, THEREFORE, BE IT RESOLVED that the supervisor shall be authorized to execute the amendment to Exhibit C and J of said Agreement dated September 16, 2006 for the following tasks:

Item	PreviousAuthorization	Amended Contract	Increase/(Decrease)
Basic Services
e. Construction Phase	$13,041.97	$12,799.16	($242.81)
f..Post Construction Phase	$1,760.00	$ -0-	($1,760.00)
Resident Project Rep. Services	$16,440.00	$18,442.81	$2,002.81
Net Change			$ -0-

2009-517)

DEFEATED: WHEREAS, the Town Board authorized resolution 2009-241 on May 14, 2009 to amend J. Kenneth Fraser and Associates engineering contract dated July 21, 2004 related to Drinking Water State Revolving Fund Project No. 17357 and,

WHEREAS, the Town received an amendment to Exhibit C, Payments to Engineer for Services and Reimbursable Expenses, and

NOW, THEREFORE, BE IT RESOLVED that the supervisor shall be authorized to execute the amendment to Exhibit C and J of said Agreement dated July 21, 2004 for the following tasks:

Item	PreviousAuthorization	Amended Contract	Increase/(Decrease)
Basic Services
e. Construction Phase	$93,684.42	$93,735.99	$51.57
f..Post Construction Phase	$1,771.62	$ -0-	($1,771.62)
Resident Project Rep. Services	$102,288.61	$104,008.66	$1,720.05
Net Change			$ -0-

2009-518)

WITHDRAWN: "The Town Board acknowledges receipt of the Planning Board's negative recommendation regarding the application of John A. Paige, Jr., Contracting Inc. for an amendment to the zoning map to PD-2."

2009-519)

Full-time employees (non-union) shall be given the following holiday for the year 2010:

*Weekday	Date	Holiday
Friday	January 1	New Year's Day
*(Complete annual holiday listing will be addressed in January 2010)

2009-520)

Designate a Transfer Station holiday for year 2010 as follows:

*Weekday	Date	Holiday
*Friday	January 1	New Year's Day
*(Complete annual holiday listing will be addressed in January 2010)

2009-521)

WHEREAS pursuant to Town Law § 208-a, in 2006 as part of its Highway Garage Area Water Project, the Town Board of the Town of Schodack acquired land rights and constructed fire protection improvements along Route 20 for the anticipated use in future Water District No. 9 in the Town of Schodack, at a cost of $113,000; and

WHEREAS the Town Board duly financed the cost of said land rights and fire protection improvements pursuant to the authorized Bonding Resolution for the Highway Garage Area Water Capital Project; and

WHEREAS pursuant to the Town Board's authorization, a map, plan and report was prepared by J. Kenneth Fraser and Associates, PE entitled "Proposed Water District No. 9 dated August 2006, and as amended February 2007, which map, plan and report described said fire protection improvements and the attendant costs; and

WHEREAS on May 22, 2008, the Town Board adopted Resolution 2008-225 directing the Town Clerk to publish notice of a public hearing to be held on June 12, 2008 concerning establishment of Water District No. 9, which notice advised the public that improvements to Water District No. 9 included fire protection improvements at a cost of $113,000; and

WHEREAS after duly held public hearings, June 26, 2008, the Town Board adopted Resolution 2008-258 establishing Water District No. 9.

NOW, THEREFORE, be it resolved that:

In accordance with the provisions of Town Law § 208-a, said fire protection improvements are deemed to be improvements of Water District No. 9 and the expenditure of acquiring the land rights and improvements shall be allocated to Water District No. 9 Capital Project (H022);
2. Water District No. 9 Capital Project (H022) shall reimburse the Highway Garage Water Capital Project (H015) the amount of $113,000 for the costs of acquiring land rights and construction of the fire protection improvements identified hereinabove; and
3. The Town shall refinance the amount of $113,000 bond anticipation note from the Highway Garage Area Water Capital Project (H015) to Water District No. 9 Capital Project (H022) pursuant to the authorized Bonding Resolution for Water District No. 9 and shall apply the $113,000 reimbursement to the outstanding balance of the bond anticipation note for the Highway Garage Area Water Capital Project identified hereinabove.

2009-522)

Authorize J. Kenneth Fraser and Associates to take necessary actions to close the "loop" in Maple Crest, to direct the contractor to complete such work and to provide necessary engineering services for such work, provided that the cost of said extension shall not exceed $35,000 and that the total cost of the original contract shall not be exceeded..This action is further continent upon the Town obtaining approval of the New York State Department of Health and New York State Environmental Facilities Corporation for said extension.

2009-523)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-1849 to 09-2019 on Abstract No..12-09, in the amount of $3,804,721.23, including the claims paid ($303,305.34) since the previous town board meeting.

2009-524)

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

Actions of December 29, 2009

2009-525)

Organizational Meeting of the Town Board will be held on January 4, 2010 at 7 p.m. at the Schodack Town Hall at 265 Schuurman Road.

2009-526)

Authorize the establishment of the Enterprise Town-Wide Water Supply Fund (EW) to account for all activities and operations related to the Town Well Field, Major Facilities and the Major Facilities associated with the Highway Garage Area Water System.

2009-527)

WITHDRAWN: "Authorize Supervisor Secor to execute agreement with _____________________ approval of premium rates and to renew Benefit Package effective January 1, 2010 with single monthly premium of $______, double-person monthly premium of $______ and family monthly premium of $______________."

2009-528)

Ratify and affirm Chief Bernhard Peter's execution of Mutual Community Sharing Plan for Card Scan Identification executed on March 24, 2009 between the Town of East Greenbush, Town of North Greenbush, Village of Nassau and the City of Rensselaer for the purchase of card scan technology to convert inked fingerprint impressions into a digital image as the New York State Division of Criminal Justice Services will no longer accept inked fingerprint submissions at a shared cost not to exceed $2,113.00, Town of Schodack's share is $422.60 payable to the East Greenbush Police Department.

2009-529)

WHEREAS, resolution #2004-296 authorized Hanson VanVleet to conduct a water resource evaluation to determine potential sources of potable water for Town residents in the amount not to exceed $4,500, and

WHEREAS, the actual total expenditures incurred and paid for the aforementioned evaluation equals $4,694.22, and Now therefore it be resolved, the Town Board of the Town of Schodack ratifies and affirms the authorization of the additional expenditure of $194.22 for a total expenditure of $4,694.22 to conduct the water resource evaluation.

2009-530)

Ratify and affirm the authorization that during 2004, Hanson VanVleet rendered services to the Town for the Brown Well Evaluation for a total expenditure and payment of $540.00.

2009-531)

Ratify and affirm the authorization that between 2005 and 2006 Hanson VanVleet rendered general consulting services for a total expenditure and payment of $7,508.29 of which $4,165.38 pertained to the Highway Area Garage Water Capital Project (H015) and $3,342.91 pertained to the Town Well Field Capital Project (H019).

2009-532)

WHEREAS, resolution 2005-333 and 382 authorized Hartgen Archeological Associates to conduct Phase II Archeological Site Investigation Highway Garage Area Water for a total cost of $16,188.00, and

WHEREAS, the actual total expenditures incurred and paid for the aforementioned services equals $17,542.86, and

NOW THEREFORE IT BE RESOLVED, the Town Board of the Town of Schodack ratifies and affirms the authorization of the additional expenditure of $1,354.86 for a total expenditure of $17,542.86 to conduct the Phase II Archeological Site Investigation.

2009-533)

WHEREAS, the Town Board of the Town of Schodack has determined it is in the best interest of residents and businesses of the Town to have municipal water if available, and

WHEREAS, the Town established Water District No. 9 and designed major facilities to serve and interconnect Water Districts No. 9, recently completing construction of curb stops, transmission line and tower site improvements in these areas, and

WHEREAS, the Town Board also determined it was in the best public interest to encourage universal participation in the new District and waived payment of the $2,000 impact fee if connection is made within the first 180 days of system approval, and

WHEREAS, the fee structure adopted by the Town Board for the Building Department has long included a $60 inspection fee for inspections done outside regular Town business hours, and

WHEREAS, many residents and contractors have requested Saturday inspections and the Building Inspectors have assisted in this manner upon payment of the additional fee, and

WHEREAS, due to present staffing levels, it is not feasible to allow the inspectors to accrue compensatory time for said scheduled inspections,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Building Department to schedule Saturday inspections for water line installations as a service to residents and businesses and requires said inspections to be done "on the clock" and in a Town vehicle, and

BE IT FURTHER RESOLVED that said inspectors shall be compensated at an hourly rate over and above their regular salary as set forth in the 2009 and 2010 adopted budgets at an hourly rate as determined by the Payroll Clerk and time-and-a-half if the hours worked are in excess of 40 hours a week, and

BE IT FURTHER RESOLVED that the additional remuneration will be in effect from December 30, 2009 through the 180-day period of "impact fee free" water installations for Water District No. 9.

2009-534)

Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims #09-2020 to 09-2043 on Abstract No. 13-09, in the amount of $1,019,320.01, including the claims paid ($806,701.48) since the previous town board meeting.

2009-535)

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 2009 adopted Town of Schodack budget; and, based on appropriation availability, all encumbrances as submitted to the Comptroller by various departments.

Schodack:Town Board Resolutions, 2009
Latest Update: 4 Jan 10
URL: http://www.schodack.org/docs/adoptedBd2009.htm