Actions of the Schodack Town Board
Resolutions adopted 10 January 2008 at the Town Board Organizational Meeting (24 Jan 08 Resolutions)
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN BOARD OF THE TOWN OF SCHODACK DOES HEREBY:
2008-001)
Regular meetings of the Town Board will generally, throughout the year 2008, be held at 7 p.m. on the second Thursday of each month, at the Schodack Town Hall at 265 Schuurman Road unless otherwise duly noticed, as follows:
January 10 July 10
February 14 August 14
March 13 September 11
April 10 October 9
May 8 November 13
June 12 December 11
Workshop sessions to more thoroughly review issues of importance to the Town will generally be held at 7 p.m. on the fourth Thursday of each month, at the Schodack Town Hall at 265 Schuurman Road unless otherwise duly noticed as follows:
January 24 July 24
February 28 August 28
March 27 September 25
April 24 October 23
May 22 November - to be announced
June 26 December - to be announced for
year-end close of business
2008-002)
Appoint Kathleen A. Blake Affirmative Action Coordinator for the calendar year 2008.
2008-003)
Appoint Karen A. Vecchione ADA Coordinator for the calendar year 2008.
2008-004)
Designate the following banks as depositories for all Town funds for the calendar year 2008: Key Bank, N.A., Bank of America, MBIA, First Niagara, Pioneer and HSBC.
2008-005)
Appoint William Dikant part-time Justice Court Officer for the calendar year 2008 at hourly rate set forth in the Year 2008 adopted budget.
2008-006)
Appoint David Calarco as Chairman of the Zoning Board of Appeals for the calendar year 2008 at a salary as set forth in the year 2008 adopted budget.
2008-007)
Establish the mileage rate of 50.5 cents per mile for the calendar year 2008.
2008-008)
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 2008 adopted budget.
2008-009)
Designate The Record as official Town newspaper for the calendar year 2008.
2008-010)
Town officials and/or personnel authorized by resolution of the Town Board to attend the Annual Meeting of the Association of Towns of New York State shall be reimbursed for expenses under Section 77-b of the General Municipal Law up to an amount of $1,000. Such amount will reimburse all lodging, transportation, meals, and registration expenses. Those so authorized may obtain an advance of expenses as provided in subsection 6 of Section 77-b. Receipts must be obtained for all applicable expenses.
2008-011)
Authorize Director of Planning and Zoning Fuda, Comptroller Mulligan and Planning Board Attorney Nugent (Nugent - lodging only) to attend seminars for the Annual Meeting of the Associations of Towns February 17-20, 2008 with appropriate expenses to be borne by the Town.
2008-012)
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.
2008-013)
Approve contracts and authorize Supervisor Secor to execute contracts with Castleton Volunteer Ambulance Service, Inc., and Nassau Ambulance for provision of emergency medical services for 2008 as set forth in the Year 2008 adopted budget.
2008-014)
Appoint Gene Paul Martel as the Dog Control Officer for the calendar year 2008 pursuant to the Year 2008 adopted budget.
2008-015)
Pursuant to Chapter 32 Section 1 of the Code of the Town of Schodack, appoint Peter D. Schweigert, Alison Signor, Jeffrey Conlin, Code Enforcement Officer, Gary Ziegler, Code Enforcement Officer, Jeffrey Arno, Police Officer, Christopher Oglesby, Detective James Morgan, and Steven Kelly to the Town of Schodack Fire Investigation Unit for the calendar year 2008.
2008-016)
Appoint Sheila Golden as Director of Youth and Recreation for the calendar year 2008 at salary set forth in the Year 2008 adopted budget.
2008-017)
Appoint Angelo DeFrancesco to the position of Water/Sewer Manager at annual salary set forth in the Year 2008 adopted budget.
2008-018)
Appoint Karen Justus as Assistant to the Assessor at annual salary set forth in the Year 2008 adopted budget.
2008-019)
Pursuant to Town Law § 103, Article 8 Supervisor Secor appoints Renee! Bult as the Budget Officer for 2008 at salary set forth in the Year 2008 budget.
2008-020)
Authorize Supervisor Secor to execute agreement on behalf of the Town of Schodack with the Rensselaer County STOP DWI program for the calendar year 2008.
2008-021)
Appoint Diane Lebrecht as Secretary to the Superintendent of Highways at hourly rate set forth in the Year 2008 adopted budget.
2008-022)
Appoint Laura Palmer as Assistant Comptroller on a part-time basis at the hourly rate set forth in the Year 2008 adopted budget.
2008-023)
As the post of Deputy Supervisor was created by the Town Board during 2002, pursuant to § 42 of the Town Law, Supervisor Secor hereby appoints K. Michal Ziegler, Councilman, as Deputy Supervisor.
2008-024)
Appoint Angelo DeFrancesco to the position of Park Manager at annual salary set forth in the Year 2008 adopted budget.
2008-025)
Appoint Sherri Smith as Secretary to the Building Department at salary set forth in the Year 2008 adopted budget .
2008-026)
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.
2008-027)
Appoint Jamie Morgan Assistant to the Senior Court Clerk on a full-time basis at the hourly rate as set forth in the Year 2008 adopted budget.
2008-028)
Appoint Deborah A. Vadney Assistant to the Senior Court Clerk on a full-time basis at the hourly rate as set forth in the Year 2008 adopted budget.
2008-029)
Appoint Bruce P. Goodall Director of Transfer Station at salary set forth in the Year 2008 adopted budget.
2008-030)
Appoint David L. Gruenberg, Esq., as Attorney to the Town, remuneration as set forth in adopted budget 2008. Term to run concurrent with Supervisor and expires December 31, 2009.
2008-031)
Appoint Walter Wheeler as Webmaster for salary set forth in the Year 2008 adopted budget.
2008-032)
Appoint Rodney C. Powis, Esq., as Deputy Town Attorney to act as Traffic Prosecutor for Vehicle and Traffic matters at Schodack Justice Court at a annual salary as set forth in the Year 2008 and Year 2009 respective adopted budgets. Term to expire on December 31, 2009.
2008-033)
Appoint Denise Mayrer as a member of the Planning Board at salary set forth in the Year 2008 budget. Term to expire December 31, 2014 and further designate Denise Mayrer as Vice Chairman of the Planning Board for the calendar year 2008.
2008-034)
Appoint Roland Ferris to the Rensselaer County Fire Advisory Board. Oath is to be taken at Rensselaer County Clerk's office. Term to expire December 31, 2008.
2008-035)
Approve contracts and authorize Supervisor Secor to execute contracts with the Castleton Public Library, East Greenbush Community Library, and Nassau Free Library as set forth in the Year 2008 adopted budget.
2008-036)
Pursuant to the Article III, Section 29 (15) of the Town Law, Supervisor Secor hereby appoints Dawne M. Kelly, as Confidential Secretary to the Supervisor, at the annual salary set forth in the Year 2008 and Year 2009, respective adopted budgets. Term to run concurrent with the term of Supervisor and expires on December 31, 2009.
2008-037)
Pursuant to Town Law § 150 (2), appoint Supervisor Secor as Police Commissioner. Term to run concurrent with the term of Supervisor and expires on December 31, 2009.
2008-038)
Appoint Nadine Fuda as Director of Zoning and Planning/Zoning Enforcement Officer at annual salary as set forth in the Year 2008 adopted budget.
2008-040)
Appoint Melissa A. Knights, Secretary to Director Planning/Zoning, at annual salary as set forth in the Year 2008 adopted budget.
2008-041)
Appoint Jennifer L. Mulligan, CPA, as Comptroller at annual salary as set forth in the Year 2008 adopted budget.
2008-042)
Appoint Cherie Gitto as Staff Accountant at annual salary as set forth in the Year 2008 adopted budget.
2008-043)
Appoint Kathleen A. Blake as Payroll/Personnel Clerk at an annual salary as set forth in the Year 2008 adopted budget.
2008-044)
Appoint Roland D. Ferris as Data Collector on a part-time basis as deemed appropriate by the Assessor at an hourly rate as set forth in the Year 2008 adopted budget.
2008-045)
Authorize Supervisor Secor to execute lease agreement with Pitney Bowes for a new mail system Model DM500 with 5-pound scale and 100-departmental accounting for a period of 51-months and at the monthly rate of $344.
2008-046)
Appoint David C. Smith as a member of Zoning Board of Appeals at salary set forth in the year 2008 adopted budget. Term to expire on December 31, 2012.
2008-047)
Authorize Jennifer Mulligan, CPA, Comptroller and Cherie Gitto, Staff Accountant to attend NYS GFOA Annual Conference April 2-4, 2008 in Albany, New York. Cost of the Conference and Seminar is $280 for the Comptroller's attendance April 2-4 and $140 for the staff accountant's attendance on April 2nd for a total of $420. All appropriate expenses to be borne by the Town.
2008-048)
Authorize Partial Payment Estimate No. 1 to Wastewater Technologies, Inc. for the work completed for East Schodack Sewer District No. 5 - Phase 1 Improvements in an amount of $82,224.69 contingent upon receipt of documentation for affidavit and certification of contractor as to payment of wages and subcontractors and certified payrolls.
2008-049)
Pursuant to Article 3 Section 30 of the Town Law, the Town Clerk hereby appoints Lois Ciccolella Deputy Town Clerk at the annual salary set forth in the Year 2008, 2009, 2010 and Year 2011, respective adopted budgets. Term to run concurrent with the term of Town Clerk and expires on December 31, 2011.
2008-050)
Pursuant to Article 3 Section 30 of the Town Law, the Town Clerk hereby appoints Karen A. Vecchione Deputy Town Clerk at the annual salary set forth in the Year 2008, 2009, 2010 and Year 2011, respective adopted budgets. Term to run concurrent with the term of Town Clerk and expires on December 31, 2011.
2008-051)
Pursuant to Schodack Town Law Section 60.5 the Records Advisory Board shall consist of five members, being the Town Supervisor, the Town Historian, the Town Attorney, the Town Clerk and the Records Coordinator. Karen A. Vecchione is hereby appointed Records Coordinator at an hourly rate as set forth in the Year 2008 adopted budgets.
2008-052)
Appoint Donna Conlin as Registrar of Vital Statistics and Karen A. Vecchione as Deputy Registrar of Vital Statistics pursuant to Section 4122 of the Public Health Law at salary set forth in the Year 2008 budget. Terms to run concurrent with the term of Town Clerk and expires on December 31, 2011.
2008-053)
Amend Resolution 2007-476 adopted on December 13, 2007 to restate title "Tax Folder (Tax Assistant) as Tax Clerks and appoint Bryon Lewis, Sandra Schell and Michael Lubbers as part-time Tax Clerks at an hourly rate as set forth in the Year 2008 adopted budget.
2008-054)
Appoint members to the Public Safety Advisory Committee as follows: Steven Kelly and Chief Bernhard Peter to one-year terms to expire on December 31, 2008, Kenneth Holmes to a two-year to expire on December 31, 2009, Debbie Lammerts and Sergeant Jonathan Reickert to three-year terms to expire on December 31, 2010.
2008-055)
Authorize the Supervisor to issue a Bond Anticipation Note in the amount of $785,833.00 dated January 25, 2008 (1) renewing $733,333.00 of a prior Bond Anticipation Note as follows: (a) $633,333.00 for water systems improvement including development of two production wells, design of a permanent pump station and related improvements (b) $100,000 for appraisal of all the real property in the Town of Schodack to assist in the assessment thereof for purposes of taxation (2) new Bond Anticipation Note as follows: (a) $35,000 to finance the water system improvements to water district 2a, 2b, 4, 5 and 8, (b) $17,500 to finance the water system improvements for the alternate tower site (major facility).
2008-056)
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.
2008-057)
Authorize Supervisor Secor to approve staff attendance at educational seminars if registration and expenses are deemed to be appropriately budgeted and do not exceed $100 in the aggregate.
2008-058)
Pursuant to General Municipal Law Section 85, any checks written to the Town tendered as payment and returned will have a $20 fee imposed.
2008-059)
Authorize Gary Ziegler, Building Inspector to attend the Northern Adirondack Code Enforcement Officials Association Conference at the Crown Plaza Hotel in Lake Placid, New York, March 3 through March 6, 2008. Cost is $240. Lodging and other appropriate expenses to be borne by the Town.
2008-060)
Appoint Nicole A. Thomas as part-time janitorial staff at an hourly rate as set forth in the Year 2008 adopted budget.
2008-061)
Appoint Nicholas J. Peter, Thomas M. D. Jones, and Clark L. Roehr, Jr. as part-time police dispatchers at an hourly rate as set forth in the Year 2008 adopted budget.
2008-062)
WHEREAS, the Town of Schodack received a cash bond in the amount of $36,500 from Joseph Perez for Blueberry Meadows Subdivision on September 19, 2007 and
WHEREAS, the surety was requested for certain improvements as identified in a letter from Laberge Engineering dated June 29, 2007, specifically $30,000 for "Top Course asphalt and binder course asphalt repairs"; $2,500 for "Monuments and lot corners" and $4,000 for "the street trees" in the Reno Road subdivision a/k/a "Blueberry Meadows" and
WHEREAS, Performance Bond #S431428 has been reviewed by the Planning Board attorney for form and substance and found it to be acceptable,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby accepts the Performance Bond #S431428 in the amount of $36,500 and authorizes the release of the cash escrow in the amount of $36,500 plus interest of $310.87 for a total of $36,810.87 to JP and Sons, LLC.
2008-063)
Appoint Stuart McKnight, Richard Eckel, Michael McDowel, Josh Walters and Jason Laurenzo as part-time police officer at an hourly rate as set forth in the Year 2008 adopted budget.
2008-064)
Appoint Kenneth J. Holmes as Superintendent of Highways at the annual salary set forth in the Year 2008 and Year 2009, respective adopted budgets. Term to run concurrent with the term of Supervisor and expires on December 31, 2009.
2008-065)
Establish a fee schedule for fingerprinting service, not related to an arrest, at the Schodack Police Department. Only checks or money orders payable to the Town of Schodack will be accepted effective immediately:
Resident....$25.00 Non-Resident....$40.00
2008-066)
Adopt the following additional salaries/hourly rates for the calendar year 2008:
Wingman $11.45 per hour
Summer Grounds $12.00 per hour
2008-067)
Although not subject to the terms and conditions of the collective bargaining agreement authorize Payroll/Personnel Clerk to compensate wing men who work major holidays during 2008, at time-and-a-half their regular hourly rate for hours worked due to response on a major holiday. A major holiday is defined in the CSEA Collective Bargaining Agreement.
2008-068)
WHEREAS, Daniel M. Roth, son of Steven and Gail Roth, on the twelfth of September in the year two thousand seven, was promoted to Eagle Scout, the highest rank a boy can receive in scouting; and
WHEREAS, Daniel is a member of Boy Scout Troop 53, and has earned twenty-seven Merit Badges in his twelve years of Boy Scouting starting as a Tiger Scout, and
WHEREAS, Daniel earned the Arrow of Light award, the highest Cub Scout honor, and
WHEREAS, as his Eagle Scout project, Daniel chose to construct two new foot bridges at Maple Hill Middle School on the Cross Country trail where the previous bridges had collapsed, and
WHEREAS, Daniel is a senior at Maple Hill High School, where he has been a member of the National Honor Society, Band and Jazz Band and has earned his Varsity Letter as a team member of the soccer, and wrestling teams and is also a member of the Varsity Track team,
WHEREAS, Daniel is interested in pursuing a degree in Criminal Justice at the State University of New York at Brockport, and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack commends and congratulates Daniel M. Roth upon the auspicious occasion of being awarded the rank of Eagle Scout, Boy Scouts of America; and
BE IT FURTHER RESOLVED, that Supervisor Secor present a copy of this resolution, suitably engrossed to Daniel M. Roth.
2008-069)
Pursuant to the Arts and Cultural Affairs Law, Supervisor Secor hereby appoints Diane Hutchinson, Town Historian, at the annual salary set forth in the Year 2008 and Year 2009, respective adopted budgets. Term to run concurrent with the term of the Supervisor and expires December 31, 2009.
2008-070)
Appoint the following as Fire Marshals for 2008: Dawne M. Kelly - Town Hall; Stuart McKnight - Police Station; and Harry Duncan - Highway Garage.
2008-071)
Withdrawn: Amend Resolution 2007-330 regarding time and materials to upgrade the wastewater treatment plant in Sewer District Number 5 (East Schodack) to authorize an additional five (5) days for Lash Construction at the bid day rate of $2,975 (plus expenses) changing the total number of days to twenty-five (25).
2008-072)
WHEREAS, the Town of Schodack and J. Kenneth Fraser and Associates are satisfied that George J. Martin and Son, Inc. has discharged its obligations under the Contract No. 4E - Electrical Work for renovations at the New Town Hall, and
WHEREAS, the one-year warranty period for said contract expired on September 22, 2007
NOW, THEREFORE, BE IT RESOLVED that the Supervisor is authorized to release negotiable securities (5% of the total contract) in the amount of One Thousand Three Hundred Ninety and Forty-five cents ($1,390.45) plus interest of Thirty and Seventy-seven cents ($30.77) to George J. Martin and Son, Inc. as specified in the Escrow Agreement.
2008-073)
Appoint Timothy Nugent, Esq., as Attorney for the Zoning Board of Appeals at salary as set forth in the Year 2008 adopted budget.
2008-074)
Accept report entitled Proposed Extension Nos. 1 and 2 to Water District No. 8 as prepared by J. Kenneth Fraser and Associates, PE, dated December 2007 and presented to the Board on January 10, 2008 as complete and direct the Town Clerk to file same.
2008-075)
Authorize Budget transfers and amendments submitted by the Comptroller.
2008-076)
Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 1 to 167 on Abstract No. 01-08, in the amount of $371,256.65, including the claims paid since the previous town board meeting.
Resolutions of January 24, 2008
2008-076)
Authorize the following individuals for appoint to the Winter Youth Recreation Program, as recommended by the Director of Youth and Recreation:
Pee Wee Wrestling: Geoff Scheilding
2008-077)
Withdrawn: Authorize Supervisor Secor to execute agreement with Hartgen Archeological Associates, Inc., for Phase IB Archeological Field Reconnaissance (Schodack DWSRF Revision) in an amount not to exceed $8,300.00 for proposed water tank location and transmission line as set forth in a proposal dated January 14, 2008.
2008-078)
Withdrawn: Authorize Supervisor Secor to execute agreement with Dente Engineering for Subsurface Investigation and Geotechnical Evaluation in an amount not to exceed $9,480.00 for proposed transmission line as set forth in a proposal dated January 15, 2008.
2008-079)
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 Firehouse, Green 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, Route 150
District 9 - East Schodack Firehouse, Route 150
District 10 - Castleton Firehouse, Green Avenue
2008-080)
Request the New York State Department of Transportation to establish No Parking Zones on Route 9 in the vicinity of Pilot Travel Center and Routes 9 & 20 in the vicinity of Dunkin' Donuts as allowed by law and for New York State to post appropriate signage to alert motorists to said No Parking Zones.
2008-081)
Withdrawn - Resolution for Schodack Landing Sewer District Number 8 as follows: [Excerpt posted on Bulletin Board in meeting room].
2008-082)
Appoint Diane Hutchinson as part-time Tax Clerk at an hourly rate as set forth in the Year 2008 adopted budget.
2008-083)
Authorize J. Kenneth Fraser and Associates, PE, to conduct a modified Phase I Environmental Assessment of the proposed site of the Schodack Landing wastewater treatment facility to include a Phase I assessment plus on-site test boring in cooperation with the Town Highway Department at a fee not to exceed $3,000.
2008-084)
Approve and adopt the January 16, 2008 amendment to the map, plan and report dated March 2006 prepared J. Kenneth Fraser and Associates, PE, and direct that the Town Clerk attach said amendment to the original March 2006 report.
Resolutions of February 2008
Resolutions Adopted - February 14th 2008
2008-085)
Approve the list of the Volunteer Ambulance Workers Service Award Program for all 2007 active Volunteer Ambulance Workers of the Castleton Volunteer Ambulance Service, Inc., as submitted.
2008-086)
Appoint Diane Hutchinson as a member of the Board of Assessment Review at salary as set forth in Year 2008 adopted budget. Term to expire September 30, 2012.
2008-087)
Appoint Richard Pearce as a member of the Board of Assessment Review at salary as set forth in Year 2008 adopted budget. Term to expire September 30, 2008.
2008-088)
Board of Assessment Review members will be paid up to $525.00 each and the Chairmen will be paid up to $630.00 each as set forth in the year 2008 budget. Secretarial services will be available as needed up to $350.00.
2008-089)
Amend Resolution 2008-015 adopted January 10, 2008 to additionally appoint Andy Entwistle to the Town of Schodack Fire Investigation Unit for the calendar year 2008.
2008-090)
WHEREAS, the Henry Knox Cannon Trail traces the route followed by Colonel Henry Knox and his men from December 1775 to January 1776 to transport 59 captured artillery pieces from Fort Ticonderoga and Crown Point on Lake Champlain to General George Washington at Dorchester Heights overlooking Boston;
WHEREAS, this pivotal event of the American Revolution resulted in the evacuation of the British from Boston;
WHEREAS, Henry Knox Cannon Trail Marker No. 25 is located within the Town of Schodack;
WHEREAS, the Hudson River Valley National Heritage Area, with guidance and assistance from the National Park Service, will undertake a project to conserve the New York State Henry Knox Cannon Trail monuments;
WHEREAS, the Henry Knox Cannon Trail monuments are the property of the State of New York;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Schodack supports the restoration of the Henry Knox Cannon Trail monuments, and grants permission to the Hudson River Valley National Heritage Area and its agents to complete conservation work on Henry Knox Cannon Trail Marker No. 25 located on the east side of Route 9 in the small green at the intersection with Route 20 (about one mile east of the I-90 exits 11 and 11 E ramp) as Knox and the train of artillery followed the road running south at this junction.
2008-091)
Appoint the following individuals to the Board of Ethics created by §27-7 of the Code of the Town of Schodack: Donna Conlin, Town Clerk, Reverend Barbara Dickens, Father Thomas Krupa, Janette Peter, and Paul Stavis, Esq.
2008-092)
Authorize Town Clerk to publish Legal Notice for bid of 500 Neptune Radio Read Water Meters. Delivery to be taken as follows: 175 meters on or before December 31, 2008. The price and quantity of meters purchased by the Town after April 1, 2008 shall be based upon the estimated price at the time of the award for a contract period of two years. Bids to be opened on March 10, 2008 at 3 p.m. at the office of the Schodack Town Clerk, Schodack Town Hall, 265 Schuurman Road.
2008-093)
Authorize Town Clerk to post and notify cancellation of February 28th, 2008 Workshop Meeting of the Schodack Town Board.
2008-094)
WHEREAS, the residents and businesses in the Town of Schodack are served by the following Offices of the United States Postal Service: Castleton-on-Hudson (12033), Nassau (12123), East Greenbush (12061), East Schodack (12063) and Schodack Landing (12156), and
WHEREAS, post offices were closed in the hamlets of South Schodack and Brookview in the past, with these areas now being served by the Castleton-on-Hudson office, and
WHEREAS, none of the post offices are centrally located (two are not in Schodack at all) and territories are so large that often trucks and other delivery vehicles are miles out of their way due to the confusion created by the configuration of the mail delivery routes, and
WHEREAS, the Town of Schodack does not enjoy a clear sense of community or a true community center due to these postal zones, and
WHEREAS, the current configuration of the Post Office delivery routes and zip codes is not efficient, despite upgrades in technology that allow for mail sorting at the General Mail Facility in Albany, New York,
NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Schodack hereby requests assistance from our Congressional representatives to initiate a dialogue with the United States Postal Service and/or the General Mail Facility in Albany, New York to realign postal territories to improve service and efficiency and establish local pride and a sense of community for the Town of Schodack.
2008-095)
WHEREAS, it is the sense of the Schodack Town Board to act in accord with its longstanding traditions, honoring the achievement of those who have given so generously to their community, exemplifying the ideals and values cherished by this great Town, and
WHEREAS, Gary VanValkenburgh has distinguished himself as a person of outstanding ability, establishing a high standard of integrity, and has imparted a sense of fairness, and compassion to his long-tenured role as a Fire Investigator with the Fire Investigation Unit in the Town of Schodack, and
WHEREAS, Gary played an integral role in the establishment of the unit following several arson-related blazes which caused community concern, and
WHEREAS, Mr. VanValkenburgh was duly appointed to the Fire Investigation Unit at its inception on December 10, 1981, thereby making himself readily available to investigate the cause and origin of fires within the Town of Schodack, and
WHEREAS, Gary attended the training programs at the New York State Fire Academy in Montour Falls and the RBI to enhance his skills as a fire investigator, and
WHEREAS, as a member of the unit Gary worked cooperatively with the Schodack Police Department, the East Schodack Fire Company, all Schodack Fire Chiefs and EMS providers, and assisted with scene investigations under the jurisdiction of the Rensselaer County Fire Investigation Unit and also served as a member of the Juvenile Fire Setters program through Rensselaer County,
NOW, THEREFORE, BE IT RESOLVED, that the Legislative Body for the Town of Schodack is moved to honor Gary VanValkenburgh, who has given himself to this community in so many ways and distinguished himself throughout his career and in his contributions to this great Town, bringing great pride to his family, his peers, and his associates through his rare combination of keen intellect, humility and utmost integrity and an impressive role model for all, and
BE IT FURTHER RESOLVED, that the Legislative Body of the Town of Schodack will pause in its deliberations of the 14th day of February 2008 to acknowledge and honor Gary VanValkenburgh upon his retirement from the Fire Investigation Unit and for his twenty-seven years of service to the Town of Schodack in this important capacity, and
BE IT FURTHER RESOLVED, a copy of this resolution, suitably engrossed, will be transmitted to him by the Supervisor and Councilman Curtis.
2008-096)
Authorize Supervisor Secor to execute Letter of Agreement with The Leahy Company, Inc. for Workers’ Compensation Insurance Premium Recovery Services. The fee will not exceed fifty percent (50%) of the actual refunded premiums. If no recovery, there will be no fee.
2008-097)
Ratify and affirm that Supervisor Secor executed purchase agreements with Eastern Copy Products, LLC. for one (1) Konica Minolta Bizhub 600 copier for use of all Town Hall offices in the amount of $9,995.00 and one (1) Muratec 2030D for use in Justice Court in the amount of $1,873.35 and annual maintenance agreements, including parts and labor in the amounts of $1,041.60 and $360.00, respectively.
2008-098)
Authorize Jennifer L. Mulligan, CPA, Comptroller, Laura Palmer, Assistant Comptroller and Cherie Gitto, Staff Accountant to attend Office of the State Comptroller – Advanced Accounting School June 3-5, 2008 in Kingston, New York. Cost is $80 per person for a total of $240. All appropriate expenses to be borne by the Town.
2008-099)
Authorize Supervisor Secor to execute an agreement on behalf of the Town of Schodack with Rensselaer County for the period of January 1, 2008 through March 31, 2008 to enforce DWI laws with special patrols by the Schodack Police Department and to decrease alcohol-related sales to minors, and to execute an Addendum to an agreement entered into December 12, 2007 covering the period from July 1, 2007 through December 31, 2007 for the above-stated purposes.
2008-100)
Authorize J. Kenneth Fraser and Associates to execute agreement with Hartgen Archeological Associates, Inc., for Phase IB Archeological Field Reconnaissance (Schodack DWSRF Revision) in an amount not to exceed $8,300.00 for proposed water tank location and transmission line, pursuant to Article 2C.2.01A3 Additional services item d of contract as set forth in a proposal dated January 14, 2008.
2008-101)
Authorize the approval of the Official Undertaking as to its form and manner of execution and the sufficiency of the insurance, as surety as prescribed by law.
2008-102)
Authorize Sergeant Reickert to attend the Colt Armorer School April 30 through May 2, 2008 at Troy Police Department, Troy, New York. Cost is $400. All appropriate expenses to be borne by the Town.
2008-103)
Authorize Donna L. Conlin, Town Clerk, to attend the annual New York State Town Clerk’s Association Conference in Saratoga Springs, New York April 27 – 30, 2008, with Deputy Town Clerks Karen Vecchione and Lois Ciccolella to attend on alternating days for a total cost of $120.00 ($60 for Town Clerk, $30 each for Deputies). Lodging and other appropriate expenses to be borne by the Town per the 2008 adopted Town Budget.
2008-104)
Appoint Robert L. Beebe, Esq., to represent the Town as special counsel for matters related to the reassessment project currently in progress. Said representation shall be at an hourly rate of $200. This authorization shall not exceed $2,000.
2008-105)
WITHDRAWN: Authorize reimbursement to Denise Mayrer, Planning Board Member, for expenses related to attendance at the Annual Meeting of the Association of Towns February 17 – 20, 2008, or any portion thereof, pursuant to Resolution 2008-010 adopted on January 10, 2008.
2008–106)
Authorize Town Clerk to publish legal notice of hearing to seek input on proposed Operation and Maintenance rates pursuant to the recommendation of the Comptroller for Water Districts Number 2A, 2B, 5 and 8 and Sewer Districts Number 1, 2, 5, 6 and 7. Said hearings shall be commenced at 7:30 p.m. on Thursday, March 27, 2008 at the Schodack Town Hall and shall continue until all comments are heard.
2008-107)
Ratify and affirm that Supervisor Secor executed a supplemental shelter agreement with Drumm Veterinary Hospital to satisfy the requirements of the New York State Department of Agriculture and Markets. It is the policy of the Town that owners, if located, shall be responsible for charges incurred at Drumm Veterinary Hospital and/or Columbia-Greene Humane Society when pets are claimed, as allowed by law.
2008-108)
WHEREAS, the Town of Schodack herein called the "Applicant", after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as: System Improvements to existing Water District Numbers 1, 3 & 7 and identified as DWSRF Project Number 17358 herein called the "Project," is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and
WHEREAS, the United States, pursuant to Title XIV of the Public Health Service Act (commonly known as the "Safe Drinking Water Act"), 42 U.S.C. §§300f, et seq., as amended (the "Act"), requires each State to establish a drinking water revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Act; and
WHEREAS, the State of New York has pursuant to Chapter 413 of the Laws of 1996 (the "DWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a drinking water revolving fund (the "Fund") to be used for purposes of the Act; and
WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance for the Fund; and
WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the DWSRF Act; and
WHEREAS, the DWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects;
NOW, THEREFORE, BE IT RESOLVED BY the Town Board as follows;
Beth Knauf Secor, Supervisor.
2008-109)
WHEREAS, the Town of Schodack herein called the "Applicant", after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as: Highway Garage Water System/Proposed Water District Number 9 and identified as DWSRF Project Number 16736 herein called the "Project," is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and
WHEREAS, the United States, pursuant to Title XIV of the Public Health Service Act (commonly known as the "Safe Drinking Water Act"), 42 U.S.C. §§300f, et seq., as amended (the "Act"), requires each State to establish a drinking water revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Act; and
WHEREAS, the State of New York has pursuant to Chapter 413 of the Laws of 1996 (the "DWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a drinking water revolving fund (the "Fund") to be used for purposes of the Act; and
WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance for the Fund; and
WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the DWSRF Act; and
WHEREAS, the DWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects;
NOW, THEREFORE, BE IT RESOLVED BY the Town Board as follows;
Beth Knauf Secor, Supervisor.
2008-110)
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
2008-111)
Authorize Partial Payment Estimate No. 1 to Lash Contracting Inc. for the work completed at East Schodack Sewer District No. 5 – Phase 1 Improvements in an amount of $43,096.23 contingent upon receipt of Affidavit and Certificate of said contractor to certify that all wages and subcontractors have been satisfied pursuant to Section 220-a of the Labor Law.
2008-112)
Authorize Final Payment Estimate No. 2 to Wastewater Technologies, Inc. for the work completed and materials supplied for East Schodack Sewer District No. 5 – Phase 1 Improvements in an amount of $25,965.70, including, but not limited to, provide the Town with six (6) copies of Operation and Maintenance Manuals; Provide two (2) years of Operation and Maintenance for the AdvanTex System, covering remote monitoring of the system through the period ending January 11, 2010; Provide a minimum of two (2) site visits for each of the two (2) years of service to adjust and maintain the system; and Correspond with the Owner and Engineer to provide technical support, as required, to assist with system operation. This authorization is contingent upon audit by the Comptroller and approval as to form.
2008-113)
Authorize purchase of a 2008 Volvo L70F loader equipped as per the New York State Contract (FOB Castleton) for purchase price of $96,050 plus single lever control option $1,425, and 3-year/4000 hour full machine extended warranty $5,165 for a total amount not to exceed $102,640.
2008-114)
Authorize purchase of Dump Truck Contract #PC62757, Model 4300 SBA on State Contract together with options listed on quotation dated January 24, 2008 for an amount not to exceed $76,741.49.
2008-115)
Authorize J. Kenneth Fraser and Associates to execute agreement with Dente Engineering for Subsurface Investigation and Geotechnical Evaluation for Water District No. 8 Water Storage and Pump Facility in an amount not to exceed $4,910.00, pursuant to Article 2C.2.01A3 Additional services item b of contract as set forth in a proposal dated February 7, 2008.
2008-116)
Authorize J. Kenneth Fraser and Associates to execute agreement with Soil & Material Testing, Inc. for Subsurface Investigation and Geotechnical Evaluation for Water District No. 8 Transmission Main in an amount not to exceed $4,375 for proposed transmission line, pursuant to Article 2C.2.01A3 Additional services item b of contract as set forth in a proposal dated February 8, 2008.
2008-117)
WHEREAS, pursuant to 6 NYCRR Part 617 of the implementing regulations, State Environmental Quality Review Act (SEQRA), we find that the Town’s proposed project to interconnect Water District No. 8 with the Town’s well field is classified as an Unlisted Action; and
WHEREAS, these improvements can be described as follows: installation of approximately 7,100 feet of 16-inch water main, hydrants, valves and appurtenances to connect the Town’s well field with its existing water transmission system within an existing water district,
NOW, THEREFORE, BE IT RESOLVED that the Schodack Town Board proposes to act as Lead Agency and conduct coordinated reviews of these projects, and
BE IT FURTHER RESOLVED that the Town Board will prepare Environmental Assessment Forms and formally notify other involved Agencies of the reviews and its intention to act as Lead Agency.
2008-118)
Authorize Budget transfers and amendments submitted by the Comptroller.
2008-119)
Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-168 to 08-0344 on Abstract No. 02-08, in the amount of $2,554,917.03, including the claims paid since the previous Town Board meeting.
Feb 28: No meeting; cancelled
Resolution adopted at Special Meeting, March 7, 2008 (Resolutions of Mar 13 and Mar 27, below.)
2008-120)
Resolution Authorizing Public Hearing on Petition to Increase Maximum Amount to Be Expended for Improvements in Sewer District #8
WHEREAS, the Town Board of the Town of Schodack (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, has received a petition, dated March 6, 2008, pursuant to sections 191 and 202-d of the Town Law (the "Petition"), for the increase of the maximum amount to be expended for improvements in Sewer District No. 8 (the "District"), which petition is signed by the owners of taxable real property situate in the proposed District, owning in the aggregate at least one-half of the assessed valuation of all the taxable real property of the proposed District, as shown upon the latest completed assessment roll of said Town, and including the signatures of resident owners of taxable real property owning taxable real property aggregating at least one-half of the assessed valuation of all the taxable real property of the proposed District, owned by resident owners according to the latest completed assessment roll; and
WHEREAS, said petition purported to describe the boundaries of the proposed District in a manner sufficient to identify the lands included therein as in a deed of conveyance and was signed by the petitioners and acknowledged or proved in the same manner as a deed to be recorded; and WHEREAS, the District is bounded and described as identified as follows: Beginning at a point in the southern boundary line of Rensselaer County, said point also being the south-eastern corner of Tax Map Parcel No. 225.-4-2.1 thence northerly a distance of 3,248 feet more or less, 34 feet more or less, 1,865 feet, more or less, 62 feet more or less, and 1,039 feet more or less, all along the westerly boundary of the Consolidated Rail Corporation and the easterly boundary of the following Tax Map Parcels:
Tax Map Parcel No. 225.-4-2.1
Tax Map Parcel No. 225.-4-2.2
Tax Map Parcel No. 225.-4-6
Tax Map Parcel No. 225.-4-8
Tax Map Parcel No. 225.-4-122
Tax Map Parcel No. 225.-4-121
Tax Map Parcel No. 225.-4-1.3
Tax Map Parcel No. 225.1-2-8
Tax Map Parcel No. 225.1-2-9
Tax Map Parcel No. 225.1-2-6
Tax Map Parcel No. 225.1-2-5.2
Tax Map Parcel No. 225.1-2-4.1
Tax Map Parcel No. 225.1-2-3
Tax Map Parcel No. 218.3-3-4
A total distance of 5,209 more or less, to the northeast corner of Tax Map Parcel 218.3-3-4; thence westerly a distance of 288 feet more or less, to a point; thence northerly 303 feet more or less, crossing Defile Lane, to a point, said point being the northeasterly corner of Tax Map Parcel No. 218.3-3-4; thence westerly 496 feet more or less, to a point, said point being the northwesterly corner of Tax Map Parcel No. 218.3-3-21; thence southerly (generally) 221 feet, 40 feet, 78 feet and 194 feet, all more or less, to a point, said point being in the line of the westerly boundary of Tax Map Parcel No. 218.1-3-19, and across the right-of-way of NYS Route 9J from the northeasterly corner of Tax Map Parcel No. 218.1-3-27; thence westerly 102 feet more or less, across the right-of-way of NYS Route 9J and along the northerly boundary line of Tax Map Parcel No. 218.3-3-27 to a point, said point being the northwesterly corner of Tax Map Parcel No. 218.3-3-27; thence southerly (generally) 705 feet, 22 feet, 205 feet, 42 feet and 1,783 feet, all more or less along the eastern boundary of the lands of New York Central Railroad (Amtrak) and the western (generally) boundary of the following Tax Map Parcels: (And excluding the 50 foot Parcel between Parcels 218.3-3-24 and 218.3-3-25)
Tax Map Parcel No. 218.3-3-27
Tax Map Parcel No. 218.3-3-26
Tax Map Parcel No. 218.3-3-25
Tax Map Parcel No. 218.3-3-24
Tax Map Parcel No. 218.3-3-23
Tax Map Parcel No. 218.3-3-22
Tax Map Parcel No. 225.1-1-1
Tax Map Parcel No. 225.1-1-21
Tax Map Parcel No. 225.1-1-20
Tax Map Parcel No. 225.1-1-19
Tax Map Parcel No. 225.1-1-18
Tax Map Parcel No. 225.1-1-17
Tax Map Parcel No. 225.1-1-16
Tax Map Parcel No. 225.1-1-15
Tax Map Parcel No. 225.1-1-14
Tax Map Parcel No. 225.1-1-13
Tax Map Parcel No. 225.1-1-11
Tax Map Parcel No. 225.1-1-9
a total distance of 2,837 feet, more or less, to a point, said point being the southwest property corner of Tax Map Parcel No. 225.1-1-9; thence southeast a distance of 250 feet more or less, to a point, said point being the southeastern corner of Tax Map Parcel No. 225.1-1-22, and also lying in the western right-of-way line of NYS Route 9J; thence 50 feet more or less, across the right-of-way of NYS Route 9J to a point, said point being in the eastern right-of-way line of NYS Route 9J, said point also being on the western boundary line of Tax Map Parcel No. 225.1-2-8; thence southerly 1,382 feet more or less, along the eastern right-of-way line of NYS Route 9J, and also along the western boundary line of the following Tax Map Parcels:
Tax Map Parcel No. 225.1-2-8
Tax Map Parcel No. 225.-4-1.3
to a point, said point being across the NYS Route 9J right-of-way from the northeastern corner of the westernmost fragment of Tax Map Parcel No. 225.-4-1.23; thence westerly 50 feet more or less, across the NYS Route 9J right-of-way, to a point, said point being the northeastern corner of the aforementioned fragment of Tax Map Parcel No. 225.-4-1.23; thence westerly 108 feet more or less, along the northern boundary line of Tax Map Parcel No. 225.-4-1.23, to a point , said point being the northwestern corner of Tax Map Parcel No.225.-4-1.23; thence southerly 1,971 feet, more or less, along the eastern boundary line of the lands of New York Railroad, also along the western boundary line of the following Tax Map Parcels:
Tax Map Parcel No. 225.-4-1.23 (westernmost fragment)
Tax Map Parcel No. 225.-4-5
Tax Map Parcel No. 225.-4-3
to a point, said point being the southwestern corner of Tax Map Parcel No. 225.-4-3; thence easterly along the southern boundary of Rensselaer County 370 feet more or less, to the point and place of beginning, containing 73.66 acres, more or less, and is shown and described herein, on a map entitled "Town of Schodack, Rensselaer County, New York, Schodack Landing Sewer District No. 8, Proposed Sewer District Map, Appendix A" dated April 1, 2006 and made by J. Kenneth Fraser and Associates, PE, LS, LA, P.C., Consulting Engineers, Land Surveyors, Landscape Architects and Planners, Rensselaer, New York.
WHEREAS, pursuant to a map, plan and report dated March 2006, as amended January 16, 2008, prepared by J. Kenneth Fraser and Associates, PE, competent engineers duly licensed by the State of New York, for the proposed establishment of said District, and construction of improvements proposed as part of proposed Schodack Sewer District No. 8 consisting of a new pressure sewer system to serve the Hamlet of Schodack Landing including new septic tanks, effluent pumps, approximately 7,500 linear feet of 2, 3 and 4 inch diameter pressure sewer piping, and a new Publicly Owned Treatment Works (POTW) with a nominal capacity of 20,000 GPD discharging to the Hudson River serving approximately 73 parcels within the Hamlet, having a total cost not to exceed $2,294,039 (collectively, the "Sewer Improvements"). The costs of Sewer improvements and calculation of per unit capital cost and improvements are further described in the map, plan, and report dated March 2006, as amended January 18, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection; and
WHEREAS, on September 14, 2006 , based upon an Environmental Assessment Form prepared by the Town and after coordinated review of the Town of Schodack Sewer District No. 8, the Town adopted Resolution 2006-340 authorizing issuance of a Negative Declaration of Environmental Significance pursuant to the State Environmental Quality Review Act ("SEQRA"); and
WHEREAS, the maximum amount proposed to be expended for the construction of the Sewer Improvement is estimated to be $2,294,039, and the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable;
NOW THEREFORE, BE IT DETERMINED and stated that the estimated cost of the District to the "typical property" (as defined in the Town Law) is $683.26, annually, consisting of a $513.26 capital charge and a $170 operation and maintenance (O&M) charge; that the Petition for Establishment of Sewer District No. 8 in the Town of Schodack dated April, 2006 previously stated an estimated annual Capital Charge of $425 and an estimated annual operation and maintenance charge to the typical one or two family home of $210; that the proposed method of financing to be employed is Federal and State grants, Federal and State low interest rate loans, and Town of Schodack contribution in the amount of $384.00;and that the Town Board has theretofore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and further that the cost of the District to such typical property is above the average estimated cost to the typical properties for the establishment of similar types of districts, as computed by the State Comptroller;, and be it
ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 265 Schuurman Road, on March 27, 2008, at 6:00 pm to consider the Petition and for the purpose of holding a public hearing to receive comments on the increase of the maximum amount proposed to be expended for improvements in Schodack Landing Sewer District #8, and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it
FURTHER ORDERED, that the Town Clerk publish at least once in The Troy Record, a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of section 30 of the Town Law, a copy of this order, certified by said Town Clerk, the first publication thereof and said posting to be not less than 10 nor more than 20 days before the date of such public hearing.
Resolutions adopted at Regular Meeting March 13th (Mar 27th Resolutions, below.)
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN BOARD OF THE TOWN OF SCHODACK DOES HEREBY:
2008-121)
WHEREAS, the Town Board of the Town of Schodack adopted resolution #2007-472 on December 13, 2007, accepting the proposal of Charles F. Herman & Associates to design, communicate and administer the Town's Section 125 Plan; and
WHEREAS, Charles F. Herman & Associates, has drafted the Flexible Benefits Plan Document and the Plan Amendment for the Addition of Grace Period to Health FSA Component; and
WHEREAS, an Attorney to the Town has reviewed the Plan Document in form and substance;
NOW, THEREFORE, BE IT RESOLVED, to ratify and affirm that Supervisor Secor executed the Flexible Benefits Plan Document and the Plan Amendment for the Addition of Grace Period to Health FSA Component effective March 1, 2008.
2008-122)
WHEREAS, Town of Schodack has heretofore adopted, approved and established the Town of Schodack Flexible Benefits Plan (the "Plan"), as of March 1, 2008; and
WHEREAS, the Plan provides that Town of Schodack may amend the Plan by action of the Town Board; and
WHEREAS, the Town Board of the Town of Schodack has determined that the Plan should be amended as of March 1, 2008 to provide for the addition of a grace period for submission of claims following the end of the Plan Year;
NOW, THEREFORE, BE IT RESOLVED, that Amendment to the Plan, as annexed hereto as Exhibit 1, be, and the same hereby is adopted and the Plan amended as therein provided as of March 1, 2008 as more particularly set forth in Exhibit 1 attached hereto and to be effective as provided therein;
AND BE IT FURTHER RESOLVED, to ratify and affirm that Supervisor Secor was authorized and empowered to execute any and all necessary and proper papers, documents, instruments and agreements in connection with the foregoing amendment and the implementation thereof, and to take all such other and further actions and do all things necessary, proper and appropriate in furtherance of the foregoing.
2008-123)
Authorize Supervisor Secor to execute a Telephone Maintenance Agreement for the Highway Department with ECB Business Communication Systems at an annual cost of $240. Period of the Agreement is February 1, 2008 through February 1, 2009.
2008-124)
Authorize Jeffrey Conlin, Building Inspector, to attend the New York State Building Officials Annual Conference from April 14 to 17, 2008 in Liverpool, New York. The cost of the conference is $350 plus lodging and is a budgeted item.
2008-125)
Ratify and affirm that, pursuant to the recommendation of the Director of Youth and Recreation, Thomas Gibbons is currently employed as a part-time Co-Instructor for Pee Wee Wrestling.
2008-126)
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, the Castleton Public Library was chartered in 1909 to serve residents of the Village of Castleton-on-Hudson and has entered the Library's 100th year as a community center and provider of library services, and
WHEREAS, the Town of Schodack has contracted with the Castleton Public Library for many years to provide library services and programs for residents of the Town, and
WHEREAS, February is designated as "Love Your Library" Month, and during February the Castleton Public Library was awarded first runner up for the Best Small Library in America, an award sponsored by Library Journal and the Bill and Melinda Gates Foundation, and
WHEREAS, the Library Director, Darlene Miller and the library staff were an integral part of this recognition as a result of the quality programs Mrs. Miller has developed and continued including, but not limited to, storybook reading hours, senior citizen book mobile, movies and cultural nights, holiday festivities, storytelling camps with performances at the Riverway Storytelling Festival, and many more services through outreach to local schools, clubs and community organizations, and
WHEREAS, Library Director, Darlene Miller, the library staff and the Trustees of the Library are citizens of outstanding ability, establishing a high standard of integrity, and imparting a sense of fairness, and compassion to their mission to provide quality library services to residents of the Village of Castleton-on-Hudson and the Town of Schodack,
NOW, THEREFORE, BE IT RESOLVED, that the Legislative Body for the Town of Schodack is moved to honor the staff of the Castleton Public Library upon the award of the first runner up for the Best Small Library in America and will pause in its deliberations on the 13th day of March 2008 to acknowledge and honor Library Director Darlene Miller, the library staff, and the Trustees of the Library upon the start of the Library's 100th year of service to its ever-expanding community well and with "heart," and
BE IT FURTHER RESOLVED, a copy of this resolution, suitably engrossed, will be transmitted to the Castleton Public Library by Supervisor Secor.
2008-127)
Authorize amendments to the agreement for additional services related to preparation of the Town's Comprehensive Plan with Laberge Associates including a Demographic/ Economic Profile ($4,200) and Stakeholder Interviews ($3,600), as set forth in correspondence dated February 7, 2008 for a total cost not to exceed $7,800. Additionally, as requested, the Director of Planning and Zoning is authorized and directed to purchase and obtain maps from Rensselaer County as set forth therein.
2008-128)
Authorize Supervisor Secor to contract with musicians to perform at the 2008 Music in the Park as follows:
Mixed Company for the Fun of It.........July 15th ................$600.00 Tri-County Banjo Band...................July 22nd ................$350.00 Wickers Creek Band......................July 29th................ $600.00
2008-129)
Authorize payment of $3,623.87 to Rensselaer County Bureau of Finance in accordance Town's agreement with Time Warner based on the 2008 Utility report.
2008-130)
WHEREAS, Resolution #2007-167 authorized Schodack Castleton Community Partnership (SCCP) to utilize office space on the third floor of the Schodack Town Hall,
NOW, THEREFORE, BE IT RESOLVED to authorize Supervisor Secor to execute Memorandum of Understanding with the SCCP to provide in-kind support between the dates of October 1, 2008 to September 30, 2009.
2008-131)
Authorize Sergeant Brian Rossiter to attend the 2008 Yates County Sheriff's Office and New York State Sheriffs' Association K-9 Seminar May 4th through May 9th 2008 in Seneca Lake, New York at a cost of $650, with appropriate expenses to be borne by the Town.
2008-132)
Bond Resolution Dated March 13, 2008 Authorizing the Purchase of a 2008 Volvo L70f Loader, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount Not to Exceed $102,640 Pursuant to the Local Finance Law to Finance Said Purpose and Delegating the Power to Issue Bond Anticipation Notes in Anticipation of the Sale of Such Bonds to the Town Supervisor. [Excerpt, full text is posted]
2008-133)
Bond Resolution Dated March 13, 2008 Authorizing the Purchase of a Dump Truck Model 4300 SBA, Authorizing the Issuance of Serial Bonds of the Town of Schodack, Rensselaer County, New York in an Aggregate Principal Amount Not to Exceed $76,741.49 Pursuant to the Local Finance Law to Finance Said Purpose and Delegating the Power to Issue Bond Anticipation Notes in Anticipation of the Sale of Such Bonds to the Town Supervisor. [Excerpt, full text is posted]
2008-134)
Withdrawn (due to incomplete information): Notice of Public Hearing for WD 1, 3 and 7 to amend serial bond resolution adopted earlier
2008-135)
Adopt the following annual salaries for the calendar year 2008:
Webmaster $4,500.00
Pee Wee Wrestling Co-Instructors (2/part-time) $ 500.00 each
2008-136)
Authorize Sergeant Reickert and Officer Roy to attend training with the New York Tactical Association Expo and Conference in Poughkeepsie from May 5th through May 8th. Anticipated cost, as budgeted, will be approximately $900. The Police Chief has recommended that both should attend this training as members of the Emergency Response Team.
2008-137)
Amend Resolution 2008-106 to notice hearings to seek input on proposed Operation and Maintenance rates pursuant to the recommendation of the Comptroller for Water Districts Number 2A, 2B, 5 and 8 and Sewer Districts Number 1, 2, 5, 6 and 7. The hearings shall commence at 8:00 p.m. on Thursday, March 27, 2008 at Schodack Town Hall and continue until all comments are heard.
2008-138)
Amend resolution 2006-317, that authorized Supervisor Secor to execute contract with Schindler Elevator for preventive maintenance service agreement on the elevator for a term of August 16, 2006 through August 15, 2016 at an annual amount not to exceed $1,980 for the new Town Hall building, to include an annual price adjustment for the contract price and labor rates for extra work.
2008-139)
Authorize Supervisor Secor to execute contracts with the Edward C. Swartz Southern Tier Senior Center and Castleton Senior Citizens for the establishment, maintenance and operation of programs devoted in whole or in part to the welfare of the aged subject to the approval by Attorney to the Town in form and substance.
2008-140)
Authorize payment of $904.00 annually and renewal of a three-year policy for crime and employee faithful performance of duty bonds provided by Utica Mutual Insurance Company.
2008-141)
Authorize renewal of the Town's liability insurance policy with NYMIR, including property, general liability, auto, inland marine, boiler & machinery, law enforcement and public officials effective April 1, 2008 with a Five Million Dollar Umbrella for the premium of $135,525.75.
2008-142)
Approve the following applications under Town Code §147-5 and authorize the Town Clerk to issue the trailer renewals:
Name Number of Units
Beberwyck, Mary Ann 1
Field, George 1
Freeman, Russell 1
Hotaling, Bruce 1
King, Joseph 1
Saville, Rita 1
2008-143)
Authorize Supervisor Secor to execute a contract with the Peter J. Andrews VFW Post No. 7337 for the establishment, maintenance and operation of programs devoted in whole or in part to the welfare of veterans subject to approval by Attorney to the Town in form and substance.
2008-144)
Authorize Budget transfers and amendments submitted by the Comptroller.
2008-145)
Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-0345 to 08-0417, 08-0419 to 08-0487 on Abstract No. 03-08, in the amount of $384,595.56, including the claims paid since the previous Town Board meeting ($54,290.93).
Resolutions of March 27, 2008
2008-146)
WHEREAS, on February 14, 2008 the Schodack Town Board approved by resolution (2008-085) the Volunteer Ambulance Workers Service Award Program List of all 2007 active Volunteer Ambulance Workers of the Castleton Volunteer Ambulance Services, Inc., and
WHEREAS, the list was forwarded to authorized representatives of the Castleton Volunteer Ambulance Services, Inc. and posted the list for thirty (30) days as required by law, and
WHEREAS, they have certified on March 26, 2008 no changes were made to the listing,
NOW, THEREFORE, BE IT RESOLVED, that the Schodack Town Board authorizes Supervisor Secor to certify to PENFLEX, Inc., that the listing as submitted and posted should be used to determine the funding requirements of the Service Award Programs (SAP), the eligibility of persons to be paid benefits and the amount of benefits to be paid to such persons.
2008-147)
WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 2A (Inglewood), and
WHEREAS, the Town Board caused due notice of the public hearing to consider proposed water rates to be published according to law, and
WHEREAS, the Town Board did meet at the Town Hall at 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and
WHEREAS, the Town Board considered public comment on said proposed water rates,
NOW, THEREFORE, BE IT RESOLVED, that commencing with the second 2008 quarter billing period for water rates for Water District No. 2A (Inglewood) for 32 users shall be $100.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.
2008-148)
WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 2B (Oakwood), and
WHEREAS, the Town Board caused due notice of the public hearing to consider proposed water rates to be published according to law, and
WHEREAS, the Town Board did meet at the Town Hall at 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and
WHEREAS, the Town Board considered public comment on said proposed water rates,
NOW, THEREFORE, BE IT RESOLVED, that commencing with the second 2008 quarter billing period for water rates for Water District No. 2B (Oakwood) for 55 users shall be $110.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.
2008-149) WITHDRAWN: (no change of rate recommended)
WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 5 (Exit 10), and
WHEREAS, the Town Board caused due notice of the public hearing to consider proposed water rates to be published according to law, and
WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and
WHEREAS, the Town Board considered public comment on said proposed water rates,
NOW, THEREFORE, BE IT RESOLVED, that commencing with the second 2008 quarter billing period for water rates for Water District No. 5 (Exit 10) for 52 users shall be $90.00 for the first 18,000 gallons and $4.50 for each additional 1,000 gallons or portion thereof."
2008-150) DEFEATED - see Resolution 2008-164 below
WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 8 (Schodack Center), and
WHEREAS, the Town Board caused due notice of the public hearing to consider proposed water rates to be published according to law, and
WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and
WHEREAS, the Town Board considered public comment on said proposed water rates,
NOW, THEREFORE, BE IT RESOLVED, that commencing with the second 2008 quarter billing period for water rates for Water District No. 8 (Schodack Center) for 87 users shall be $110.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.
2008-151) WITHDRAWN PENDING FURTHER REVIEW:
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack to schedule a public hearing to be held on March 27, 2008 to consider proposed sewer rents for Sewer District No. 1 and
WHEREAS, 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 on the 27th day of March 2008, 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 second semi-annual 2008 billing period the sewer rents for Sewer District No. 1 (Castleton) for 98 users shall be $150.00 semi-annual rate per unit."
2008-152)
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack to schedule a public hearing to be held on March 27, 2008 to consider proposed sewer rents for Sewer District No. 2, 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 on the 27th day of March 2008, 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 second semi-annual 2008 billing period the sewer rents for Sewer District No. 2 (Castleridge) for 47 users shall be $230.00 semi-annual rate per unit.
2008-153)
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack to schedule a public hearing to be held on March 27, 2008 to consider proposed sewer rents for Sewer District No. 5, 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 on the 27th day of March 2008, 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 second semi-annual 2008 billing period the sewer rents for Sewer District No. 5 (East Schodack) for 28 users shall be $300.00 semi-annual rate per unit.
2008-154)
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack to schedule a public hearing to be held on March 27, 2008 to consider proposed sewer rents for Sewer District No. 6, 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 on the 27th day of March 2008, 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 second quarterly 2008 billing period the sewer rents for Sewer District No. 6 (Exit 10) for 32 users shall be $8.75 per thousand gallons based upon the water meter readings.
2008-155)
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack to schedule a public hearing to be held on March 27, 2008 to consider proposed sewer rents for Sewer District No. 7, 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 on the 27th day of March 2008, 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 second semi-annual 2008 billing period the sewer rents for Sewer District No. 7 (Hamilton Printing) for 12 users shall be $155.00 semi-annual rate per unit.
2008-156)
WHEREAS, the Town Board of the Town of Schodack (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, received a petition, dated March 6, 2008, pursuant to sections 191 and 202-d of the Town Law (the "Petition"), for the increase of the maximum amount to be expended for improvements in Schodack Sewer District No. 8 (the "District"), which petition is signed by the owners of taxable real property situate in the District, owning in the aggregate at least one-half of the assessed valuation of all the taxable real property of the District, as shown upon the latest completed assessment roll of said Town, and including the signatures of resident owners of taxable real property owning taxable real property aggregating at least one-half of the assessed valuation of all the taxable real property of the District, owned by resident owners according to the latest completed assessment roll; and
WHEREAS, pursuant to a map, plan and report dated March 2006, as amended January 16, 2008, prepared by J. Kenneth Fraser and Associates, PE, for the construction of improvements proposed as part of Schodack Sewer District No. 8 consisting of a new pressure sewer system to serve the Hamlet of Schodack Landing including new septic tanks, effluent pumps, approximately 7,500 linear feet of 2, 3 and 4 inch diameter pressure sewer piping, and a new Publicly Owned Treatment Works (POTW) with a nominal capacity of 20,000 GPD discharging to the Hudson River serving approximately 73 parcels within the Hamlet, having a total cost not to exceed $2,294,039 (collectively, the "Sewer Improvements"). The costs of the Sewer improvements and calculation of per unit capital cost and improvements are further described in the map, plan, and report dated March 2006, as amended January 16, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection; and
WHEREAS, the maximum estimated annual cost of the District to the "typical property" (as defined in the Town Law) is $683.26, consisting of a $513.26 capital charge and a $170 operation and maintenance (O&M) charge; that the Petition for Establishment of Sewer District No. 8 in the Town of Schodack dated April, 2006 previously stated an estimated annual Capital Charge of $425 and an estimated annual operation and maintenance charge to the typical one or two family home of $210; that the proposed method of financing to be employed is Federal and State grants, Federal and State low interest rate loans and Town of Schodack contribution in the amount of $384.00; and that the Town Board therefore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and
WHEREAS, the estimated maximum amount proposed to be expended for the construction of the Sewer Improvement is $2,294,039, and the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefitted thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and
WHEREAS, pursuant to Resolution and Order No. 2008-120 the Town Clerk duly published and posted legal notice of public hearing on said Petition and specifying March 27, 2008 as the date, 6:00 p.m. on said date as the time and the Schodack Town Hall, 265 Schuurman Road, Schodack, New York as the place to consider the Petition and to receive comments on the increase of the maximum amount proposed to be expended for improvements in Schodack Landing Sewer District No. 8; and considerable discussion on the matter having been had and all persons desiring to be heard having been heard in favor of and in opposition to said increase and improvements of facilities at the revised estimated maximum cost;
NOW THEREFORE, upon the evidence given at such hearing, it is RESOLVED AND DETERMINED:
2008-157)
WHEREAS, the Personnel Policy and Procedure Manual provides for one week paid vacation after the anniversary date of one year of employment, which can be used after six months of service with Department Head approval, and
WHEREAS, Kathleen Blake, Payroll/Personnel Clerk, has requested time off from June 9th through June 20th 2008,
WHEREAS, one week paid vacation was approved by Jennifer L. Mulligan, CPA, Comptroller, as required pursuant to the Personnel Policy and Procedure Manual,
NOW, THEREFORE, BE IT RESOLVED that Kathleen Blake, Payroll/Personnel Clerk is hereby authorized to take one additional week as unpaid vacation for the period of June 16, 2008 through June 20, 2008.
2008-158)
Authorize Jennifer L. Mulligan, CPA, Comptroller and Cherie Gitto, Staff Accountant to attend the Association of Towns - Eighth Annual Town Finance Schools at Gideon Putnam, in Saratoga, New York, May 15th and 16th, 2008. Cost is $200 per person with other appropriate expenses to be borne by the Town.
2008-159)
Authorize Jennifer L. Mulligan, CPA, Comptroller and Cherie Gitto, Staff Accountant to attend BS&K Workplace 2008 Upstate at the Desmond, in Albany, New York, June 10th, 2008. Cost is $175 per person with other appropriate expenses to be borne by the Town.
2008-160)
Amend resolution 2008-104 adopted on February 14, 2008 appointing Robert Beebe, Esq. as special counsel for matter related to the reassessment project at an hourly rate of $200 to increase the authorized amount not to exceed to $4,000.
2008-161)
WHEREAS, the Town of Schodack, County of Rensselaer, New York, presently utilizes Neptune water meters and software for billing metered water usage at many locations within the Town, including but not limited to the I-90 rest stop, the Comfort Inn and properties within Water Districts 1, 5 and 8 in accordance with Town regulations, and
WHEREAS, to purchase water meters which are not compatible with said Neptune water meters would be inefficient and uneconomical since alternative brands would have to be purchased that would not be interchangeable with the metering system already on hand, and
WHEREAS, it is desirable to purchase water meters and computers with software that are compatible with the ones presently owned by the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Schodack as follows: For reasons of efficiency and economy and pursuant to the authority conferred by subdivision 5 of section 103 of the General Municipal Law, it is determined that there is a need for standardization in the purchase of water meters for the use by the Town of Schodack.
2008-162)
WHEREAS, for reasons of efficiency and economy and pursuant to the authority conferred by subdivision 5, §103 of the General Municipal Law, the Town of Schodack previously determined that there was a need for standardization in the purchase of radio read water meters for Town water districts, and standardized said items to be compatible with Neptune water meters now in service and further standardized said items to be compatible with water meters used by the Town of East Greenbush, and
WHEREAS, the sole bid received was from Ti-Sales, Inc., for 500 meters at $231.00 each over a two-year period and is compatible with the Town's Neptune water meters.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the bid from Ti-Sales, Inc. in the total amount of $115,500 to supply water meters.
2008-163)
WHEREAS, the Town of Schodack intends to apply for a Community Development Block Grant from the Office of Small Cites to provide funding for construction of a day care center in the Town of Schodack to be operated by the Commission on Economic Opportunity of the Greater Capital Region, Inc., and
WHEREAS, as a condition of receiving such a grant the municipality is required to conduct a public hearing to seek public input on such application and project,
NOW, THEREFORE, BE IT RESOLVED that a hearing is hereby scheduled to be held at 7 p.m. on Thursday, April 17, 2008 at the Schodack Town Hall at 265 Schuurman Road, Schodack, and the application will be available in the office of the Town Clerk prior to said hearing, and
BE IT FURTHER RESOLVED that the Town Clerk is hereby directed to post and publish legal notice of such hearing.
2008-164)
WHEREAS, the Town Board of the Town of Schodack, Rensselaer County has completed its review of the water rates for Water District No. 8 (Schodack Center), and
WHEREAS, the Town Board caused due notice of the public hearing to consider proposed water rates to be published according to law, and
WHEREAS, the Town Board did meet at the Town Hall, 265 Schuurman Road on the 27th day of March 2008, said hearing being duly convened at the time and place specified in said notice, and
WHEREAS, the Town Board considered public comment on said proposed water rates,
NOW, THEREFORE, BE IT RESOLVED, that commencing with the second 2008 quarter billing period for water rates for Water District No. 8 (Schodack Center) for 87 users shall be $104.00 for the first 18,000 gallons and $5.50 for each additional 1,000 gallons or portion thereof.
Actions of April 10, 2008 ( Actions of April 24, below )
Sharing the great news that we were officially in receipt of the Rural Development grant funds for Schodack Landing sewers and that the project was officially underway, the following actions were taken at the brief Town Board meeting:
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN BOARD OF THE TOWN OF SCHODACK DOES HEREBY:
2008-165)
Number not used
2008-166)
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Schodack to schedule a public hearing to be held on March 27, 2008 to consider proposed sewer rents for Sewer District No. 1 and
WHEREAS, 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 on the 27th day of March 2008, 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 second semi-annual 2008 billing period the sewer rents for Sewer District No. 1 (Castleton) for 98 users shall be $150.00 semi-annual rate per unit.
2008-167)
Amend and restate a Bond Resolution dated April 26, 2007 to increase the total authorized amount of serial bonds pursuant to the Local Finance Law to finance said purpose of the Town of Schodack from an aggregate principal amount not to exceed $1,600,000 to an aggregate principal amount not to exceed $2,294,039. [Excerpt -full Resolution posted on Bulletin Board]
2008-168)
Ratify and affirm the emergency purchase of one re-manufactured unit for the purpose of replacing the Town-owned Oxygen Concentration Compressor housed at Castleton Volunteer Ambulance Service, Inc, for a cost not to exceed $4,500 which includes installation and a one-year warranty on parts and labor.
2008-169)
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
Cedar Acres
Garden Home Management 21
Curtis Trailer Park
Richard Freedman 70
Clow, Robert 1
Creekside Park
DCJ Enterprises, LLC 52
Davis, John H. III 1
Gaylord, Donald 1
Leavenworth Trailer Park
Clemens Buck 17
Maier, Anthony 1
Rapin, Mary Joy 1
Rensselaer Estates
DCJ Enterprises, LLC 53
Schmitz, Peter & Mary 1
Skarzynski, Kim & Jerry 1
Souder, Harvey 1
2008-170)
Withdrawn: Amend resolution 2008-160 adopted on March 27, 2008 appointing Robert Beebe, Esq. as special counsel for a matter related to the reassessment project at an hourly rate of $200 to increase the authorized amount not to exceed to $6,000.
2008-171)
Accept amended Map, Plan and Report dated March 27, 2008 entitled "Proposed Water System Improvements to Existing Water District Numbers 1, 3 and 7," as revised by J. Kenneth Fraser & Associates, and dated March 2007 (Revised May 2007) as complete.
2008-172)
Resolved to authorize the Supervisor to request enactment of State legislation (1) validating and ratifying (a) the adoption by vote of three members of the Town Board of the Town of Schodack, Rensselaer County, on July 27, 2006 of an amended and restated bond resolution (the "Resolution") authorizing the issuance of up to $2,175,000 of serial bonds by the Town of Schodack, Rensselaer County, for construction of water improvements pursuant to Stipulation of Settlement order of the Rensselaer County Supreme Court dated October 6, 2004 in the matter of Michael V. Thoma, Jr., et al. -v- Town of Schodack, and (b) the issuance of bond anticipation renewal notes or serial bonds under the Resolution, notwithstanding that the authorization of the Resolution by the vote of three members the Town Board as described above did not comply with the requirement for approval by two-thirds of the voting strength of the Town Board under Section 33.00, subdivision a, of the Local Finance Law of the State.
2008-173)
Accept amendment dated April 10, 2008 to a certain Map, Plan and Report entitled "Town of Schodack, Rensselaer County, New York, Proposed Sewer District No. 8, Schodack Landing Area" dated March 2006, as submitted by J. Kenneth Fraser and Associates to revise the operation and maintenance costs and the associated annual cost per unit as $666.63.
2008-174)
WHEREAS, the Town Board of the Town of Schodack on June 28, 2007 authorized the Town Clerk to publish a legal notice to solicit sealed bids for the construction of the Schodack Landing Wastewater Treatment Plant and collection system to serve Sewer District No. 8. Plans pursuant to specifications prepared by J. Kenneth Fraser and Associates and said notice having appeared on July 6, 2007, and
WHEREAS, the Town Board of the Town of Schodack received four (4) bids, which were opened on August 2, 2007 for the construction of Sewer District No. 8 - Schodack Landing, and
WHEREAS, the bids were opened in accordance with its notice and were as follows: Cranbrook Construction, Inc., base bid in the amount of $2,581,670.00, alternate number 1 not bid, and alternate number 2 deduct $30,000.00; Casale Excavating, Inc., base bid $1.925,350.00 with alternate number 1 $585,000.00 and alternate number 2 deduct $40,000; William J. Keller and Sons Construction Corp., base bid in the amount of $1,790,605.00, alternate number 1 bid $163,800.00 and alternate number 2 deduct $17,500; and Lash Contracting, Inc., base bid in the amount of $1,851,000.00, alternate number 1 $167,700.00, alternate number 2 deduct $2,500.00, and
WHEREAS, all bids were reviewed for conformance to specifications and submittal of required bid bond and non-collusive certificates,
NOW, THEREFORE, BE IT RESOLVED that pursuant to the recommendation of J. Kenneth Fraser and Associates the Town Board hereby accepts the lowest responsible base bid of William J. Keller and Sons Construction Corp., in the amount of $1,790,605.00, and
FURTHER RESOLVE that Supervisor Secor is authorized to execute the appropriate contract with William J. Keller and Sons Construction Corp.
2008-175)
Authorize Supervisor Secor to execute Change Order Number 1 with William J. Keller and Sons Construction Corp. - Contract No. 6 (Sewer District No. 8 - Schodack Landing) - to reduce said contract in the amount of $98,215 for a total project cost of $1,692,390.00.
2008-176)
Adopt the fee schedule for Spring Clean Up Days (May 15, 16 & 17) at the Transfer Station as follows:
Refrigerators, freezers, air conditioners
& dehumidifiers $8.00
Tires, rimless (maximum size 16") $2.00*
* larger and rimmed tires priced by size
TVs, computer monitors $6.00
Propane Tanks FREE
Furniture FREE
Metal goods FREE
Push mowers.FREE
Gas grills FREE
Bicycles FREE
2008-177)
WHEREAS, the Town Board of the Town of Schodack (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, has determined pursuant to section 202-b of the NYS Town Law to increase and/or improve water facilities of Water District 1, Water District 3 and Water District 7; and
WHEREAS, pursuant to a map, plan, and report dated March 2007 (Revised May 2007), as amended March 27, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), the construction of proposed water system improvements to existing Water District Nos. 1, 3, and 7 consist of the following:
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 4,080 gallons necessary for 30 minutes of CT on approximately 200,000 gpd at average flows (135 gpm average) (This exceeds the design consumption of 157,300 gpd); 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 Districts Nos. 3, 7 and Castleton Connection - Extend a 12" water main from the end of the Clearview System on Sand Road, north up Van Hoesen Road approximately 3,000 feet to a point where the main will go cross-country and intersect the Castleton raw water main; extend 12" water main from this point another 600± feet to provide a direct tie in with the Water District No. 3 system (Fire flows at the end of the 12" main are predicted to be in excess of 1,000 gpm, with static pressures ranging from 50-80 psi in Maplecrest); construct interconnection with Castleton involving construction of a small above-ground structure, housing a meter, two (2) reducer-pressure zone (RPZ) backflow preventers, and telemetering equipment to operate automatic valves (Water will be placed into the Castleton system when demanded by the Castleton controls);and
Water Districts No. 1, 3, 7 and Castleton Connection - a Wellfied Yield Analysis at the cost of $79,431.81 and issuance charges for financing Water Improvements in the amount of $31,850; and
WHEREAS, the cost of the Water Improvements and calculation of per unit capital cost and improvements are further described in the map, plan, and report dated March 2007 (Revised May 2007), as amended March 27, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack, for the construction of proposed water system improvements to existing Water District Nos. 1, 3, and 7, a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection; and
WHEREAS, on July 26, 2007 , based upon an Environmental Assessment Form prepared by the Town and after coordinated review of the Water Improvements, the Town adopted Resolution 2007-0316 authorizing issuance of a Negative Declaration of Environmental Significance pursuant to the State Environmental Quality Review Act ("SEQRA"); and
WHEREAS, the maximum amount proposed to be expended for the construction of the Water Improvements is estimated to be $954,382, and the assessment, levy and collection of special assessments from the several lots and parcels of land within Water Districts 1, 3 and 7, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable;
NOW THEREFORE, BE IT DETERMINED and stated that the estimated cost of the Water Improvements to the "typical property" (as defined in the Town Law) in Water District No. 1 is $467, annually, consisting of a $299 capital charge and a $168 water usage charge, and that the estimated cost of the Water Improvements to the "typical property" in Water District No. 3 is $592, annually, consisting of a $424 capital charge and a $168 water usage charge, and that the estimated cost of the Water Improvements to the "typical property" in Water District No. 7 is $401, annually, consisting of a $233 capital charge and a $168 water usage charge; and that the Town Board has theretofore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and be it
ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 265 Schuurman Road, on April 24, 2008 , at 7:30 pm to consider a resolution of the Town Board to increase and improve water facilities in Water District 1, Water District 3 and Water District 7 and to increase the maximum amount to be expended for said water improvements and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it
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.
2008-178)
Authorize Budget transfers and amendments submitted by the Comptroller.
2008-179)
Authorize the Comptroller's recommendation to direct the Town Supervisor to pay the claims # 08-0368, 0488 to 0627 on Abstract No. 0408, in the amount of $609,477.18, including the claims paid since the previous Town Board meeting ($319,142.85).
Workshop April 24, 2008
Members of the Schodack-Castleton Community Partnership presented information to the Town Board together with a proposed local law concerning Social Hosts in order to stem underage drinking in the Town. The Board pledged to develop an improved draft of the legislation and to schedule a public hearing in the near future.
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN BOARD OF THE TOWN OF SCHODACK DOES HEREBY:
2008-180)
WHEREAS, M & T Bank has notified the Town of Schodack that they elected not to extend the Letter of Credit, SB-906522-2000 in the amount of $48,000 issued for R. J. Valente, Inc. and
WHEREAS, M & T Bank has requested that the original Letter of Credit be returned upon its expiration of April 20, 2008 and
WHEREAS, on April 16, 2008, KeyBank National Association issued an Irrevocable Letter of Credit, S313625 in the amount of $48,000 for R. J. Valente Gravel, Inc. and
WHEREAS, said Letter of Credit was reviewed the Attorney to the Town for substance and form and found to be acceptable,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby accepts the replacement Letter of Credit, S313625 dated April 16, 2008 in the amount of $48,000 issued by KeyBank National Association on behalf of R. J. Valente, Inc. and directs the Town Clerk to return the expired Letter of Credit, SB-906522-2000 to M & T Bank following adoption of this resolution and expiration of Letter of Credit on April 20, 2008.
2008-181)
Rescind Resolution 2008-177, as adopted on April 10 , 2008, relative to the Town's plan to increase and improve water facilities in Water District 1, Water District 3 and Water District 7.
2008-182)
Withdrawn: Appoint Edmund C. Miller, Sr. as part-time police officer at the hourly rate as set forth in the 2008 adopted budget.
2008-183)
Withdrawn: Appoint William Roberts, III, Ph.D., as part-time Soil and Water Conservation Inspector to coordinate and administer the Town's Municipal Stormwater program pursuant to Local Laws 3 and 4 of the Laws of 2007. Dr. Roberts will serve on a voluntary basis without remuneration or benefits, under the direction of the Building Department, for the remainder of the year 2008. The Attorney to the Town shall prepare an agreement setting the terms and conditions of this engagement.
2008-184)
Authorize Grout Tech, Inc. to perform four core drillings of the floor slab located at the Highway Department Building in accordance with a proposal dated February 20, 2008 for a cost not to exceed $800 and Family Danz Heating & Air Conditioning to stand-by with radiant repair kit to be installed if needed to heating tubes in accordance to proposal dated March 27, 2008 for a cost not to exceed $300.
2008-185)
Withdrawn: WHEREAS, the 2008-09 Executive Budget proposed by former Governor Spitzer contains certain initiatives of the Commission on Local Government Efficiency and Competitiveness which would be the first step to implementing the regionalization or centralization of government functions within county governments, including the assessment and tax collection functions; and
WHEREAS, the initiatives would include "incentives" which would, in fact, penalize towns for failure to participate in the steps toward implementation of regionalization or centralization; and
WHEREAS, it is the Town of Schodack's experience in past regionalization or centralization efforts of certain functions within county government have not resulted in cost savings, but rather, added mandates and costs which the Town of Schodack taxpayers have borne; and
WHEREAS, based on experience, review and consideration of these matters the Town of Schodack Town Board finds that town government can act more efficiently and effectively in serving the needs and responding to the concerns of the taxpayers and that the transfer of functions to higher levels of government often results in the placement of undue financial burdens on local governments, districts and their taxpayers,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack hereby opposes the enactment of those initiatives of the Commission on Local Government Efficiency and Competitiveness contained in the 2008-09 New York State Executive Budget which would promote the transfer of authority and responsibility for government functions from towns to counties; and
BE IT FURTHER RESOLVED that the Town Clerk is directed to transmit certified copies of this Resolution to the Honorable David A. Paterson, Governor, the Honorable Joseph L. Bruno, President Pro Tem of the New York State Senate, the Honorable Tim Gordon, Member of Assembly and the Commission on Local Government Efficiency and Competitiveness established by Executive Order of former Governor Spitzer.
2008-186)
Amend the Cell Phone Policy, as adopted on March 9, 2007 pursuant to Resolution 2007-132, third paragraph by bullet outline, to add the Youth Director and Town Justice as personnel required to utilize assigned cell phones.
2008-187)
Adopt road program as proposed by the Superintendent of Highways to apply Hot Mix Asphalt on the following roads: North Old post Road (between Schuurman and Sally K), Duck Pond Road North, and Oakwood Street ; and to apply double chip seal to the following roads: Lape Road, New Road, Nantasket Road, Rexham Avenue, Terrace Avenue, Cold Springs Avenue, Overlook Road North and Brandt Rock Avenue.
2008-188)
WHEREAS, Alyssa Filkins, daughter of Tom and Jill Filkins, is being recognized by the Rensselaer County YMCA and will receive a Student Service Award, on the twenty-ninth day of April in the year two thousand eight, and
WHEREAS, Alyssa is a Junior at Maple Hill High School, where she is on the Principal's list, and
WHEREAS, she is a three season athlete, participating in Soccer, Basketball and Track and Field and also participates in Band and Choir, and
WHEREAS, Alyssa distinguishes herself by her involvement in extensive community service activities,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack is moved to honor Alyssa Filkins, a YMCA 3nd Annual Student Community Service Award recipient, and
BE IT FURTHER RESOLVED, that the Supervisor present a copy of this resolution suitably engrossed to Alyssa together with the Town Board's commendation upon her achievement.
2008-189)
WHEREAS, Kristen Der Gurahian, daughter of Charles and Sandra Der Gurahian, is being recognized by the Rensselaer County YMCA and will receive a Student Service Award on the twenty-ninth day of April in the year two thousand eight, and
WHEREAS, Kristen is a Sophomore at Maple Hill High School and a three-season sports athlete, participating in Soccer, Basketball and Softball, and
WHEREAS, Kristen participates in Band, and
WHEREAS, Kristen distinguishes herself by her involvement in extensive community service activities,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Schodack is moved to honor Kristen Der Gurahian, a YMCA 3nd Annual Student Community Service Award recipient, and
BE IT FURTHER RESOLVED, that the Supervisor present a copy of this resolution suitably engrossed to Kristen together with the Town Board's commendation upon her achievement.
2008-190)
Authorize the Supervisor to issue a Bond Anticipation Note in the amount of $2,303,952.45 dated May 9, 2008 as follows: (a) $1,020,000 to finance the water system improvements to water districts 2a, 2b, 4, 5, and 8, and (b) $1,283,952.45 acquisition of land and attached building for use as a town office complex. [Excerpt posted on Bulletin Board in meeting room]
2008-191)
Authorize Sue Miller, David Smith, James Bult, Anthony Maier and David Calarco, Members of the Zoning Board of Appeals, to attend the Local Government Planning and Zoning Workshop on May 28, 2008 at Bulmer Telecommunications Center, Hudson Valley Community College in Troy at a cost of $30 each and appropriate expenses to be borne by the Town. Said training shall constitute the four-hour training requirement set forth in Town Sections 267 and 271, Chapter 662 of the Laws of 2006.
2008-192)
Withdrawn: Pursuant to Chapter 80-4 of the Code of the Town of Schodack and upon receipt of written application submitted by Schodack Landing Volunteer Fire Company, Inc., the Schodack Town Board hereby resolves to grant a Mass Assembly Permit to Schodack Landing Volunteer Fire Company, Inc., for a benefit concert to be held on Saturday, June 13, 2008 on their premises from noon to midnight, except that Schodack Landing Volunteer Fire Company, Inc., must comply with all offsite parking provisions of the Code and any other requirements, if any, of State, County and other municipalities, and provided that the applicant be given notice that this approval is solely from the Town of Schodack and does not constitute approval by any other approving authority or governing agency.
2008-193)
WHEREAS, the Town Board of the Town of Schodack (the "Town Board" and the "Town," respectively), in the County of Rensselaer, New York, has determined pursuant to section 202-b of the NYS Town Law to increase and/or improve water facilities of Water District 1, Water District 3 and Water District 7; and
WHEREAS, pursuant to a map, plan, and report dated March 2007 (Revised May 2007), as amended March 27, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack (the "Town Engineers"), the construction of proposed water system improvements to existing Water District Nos. 1, 3, and 7 consist of the following:
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 4,080 gallons necessary for 30 minutes of CT on approximately 200,000 gpd at average flows (135 gpm average) (This exceeds the design consumption of 157,300 gpd); 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 Districts Nos. 3, 7 and Castleton Connection - Extend a 12" water main from the end of the Clearview System on Sand Road, north up Van Hoesen Road approximately 3,000 feet to a point where the main will go cross-country and intersect the Castleton raw water main; extend 12" water main from this point another 600± feet to provide a direct tie in with the Water District No. 3 system (Fire flows at the end of the 12" main are predicted to be in excess of 1,000 gpm, with static pressures ranging from 50-80 psi in Maplecrest); construct interconnection with Castleton involving construction of a small above-ground structure, housing a meter, two (2) reducer-pressure zone (RPZ) backflow preventers, and telemetering equipment to operate automatic valves (Water will be placed into the Castleton system when demanded by the Castleton controls); and
Water Districts No. 1, 3, 7 and Castleton Connection - a Wellfied Yield Analysis at the cost of $79,431.81 and issuance charges for financing Water Improvements in the amount of $31,850; and
WHEREAS, the cost of the Water Improvements and calculation of per unit capital cost and improvements are further described in the map, plan, and report dated March 2007 (Revised May 2007), as amended March 27, 2008, prepared by J. Kenneth Fraser and Associates, as Engineers for the Town of Schodack, for the construction of proposed water system improvements to existing Water District Nos. 1, 3, and 7, a copy of which was duly filed with the office of the Schodack Town Clerk and is available for public inspection; and
WHEREAS, on July 26, 2007 , based upon an Environmental Assessment Form prepared by the Town and after coordinated review of the Water Improvements, the Town adopted Resolution 2007-0316 authorizing issuance of a Negative Declaration of Environmental Significance pursuant to the State Environmental Quality Review Act (“SEQRA"); and
WHEREAS, the maximum amount proposed to be expended for the construction of the Water Improvements is estimated to be $954,382, and the assessment, levy and collection of special assessments from the several lots and parcels of land within Water Districts 1, 3 and 7, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable;
NOW THEREFORE, BE IT DETERMINED, and stated that the estimated cost of the Water Improvements to the "typical property" (as defined in the Town Law) in Water District No. 1 is $467, annually, consisting of a $299 capital charge and a $168 water usage charge, and that the estimated cost of the Water Improvements to the "typical property" in Water District No. 3 is $592, annually, consisting of a $424 capital charge and a $168 water usage charge, and that the estimated cost of the Water Improvements to the "typical property" in Water District No. 7 is $401, annually, consisting of a $233 capital charge and a $168 water usage charge; and that the Town Board has theretofore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and be it
ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 265 Schuurman Road, on Thursday, May 22, 2008 , at 7:30 pm to consider a resolution of the Town Board to increase and improve water facilities in Water District 1, Water District 3 and Water District 7 and to increase the maximum amount to be expended for said water improvements and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it
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, a