November 5, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 5th of November 2003 at 7:30 P.M., there were:

PRESENT:

Mark Rupprecht Supervisor
James Rowley Councilor/Deputy Supervisor
David R. Palmer Councilor
Clarence A. Rycraft Councilor
Naomi Bray Councilor
Damian M. Ulatowski Councilor
Robert L. Edick Councilor
Vivian I. Mason Town Clerk
Robert Germain Town Attorney
Doug Wickman Town Engineer

ABSENT:
David Tessier Commissioner of Planning & Development

The meeting was called to order by Supervisor Rupprecht at 7:30 P.M. All present joined in the Pledge of Allegiance.

Approval of Minutes:

Councilor Palmer moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on October 20, 2003. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

None.

Budget (PH) - Special Districts Budget for the Year 2004:

A public hearing to consider the adoption of the proposed 2004 Special Districts Budget for the Town of Clay was opened by the Supervisor.

Commissioner of Finance John Shehadi gave a brief overview of the Special Districts Budget, and explained that the repair charges for sewer and drainage have increased for next year.

The Supervisor asked if there were any further comments or questions and there were none. The Supervisor closed the hearing.

Budget (PH) - Fire Budget for the Year 2004:

A public hearing to consider the adoption of the proposed 2004 Fire Budget for the Town of Clay was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

The Supervisor explained that the culmination of requests by the fire departments amounts to a tax of $2,356,244, or a property tax rate of approximately $18.38 per thousand assessment. The Town is covered by Moyers Corners Fire Department, Inc., Clay Volunteer Fire Department, Inc, Caughdenoy Fire Department, Brewerton Fire Department, and the North Syracuse Fire Department.

Councilor Rowley said he met with Moyers Corners Fire Department, the Clay Fire Department and will also be talking to the other fire companies. Councilor Rycraft said he would like to be involved in those discussions.

The President of the Moyers Corners Fire Department, Greg Shaffer, said he might be able to get some grants with the help of the Town. Supervisor Rupprecht said that would be great.

The Supervisor asked if there were any further comments or questions and there were none. The Supervisor closed the hearing.

Budget (PH) - Uniform Water Budget for the Year 2004:

A public hearing to consider the adoption of the proposed 2004 Uniform Water Budget for the Town of Clay was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Councilor Palmer gave a brief overview of the water budget. A portion of the Town is served by the Town of Clay water department and the remainder is served by the Onondaga County Water Authority. The water department will be purchasing a pick-up truck with a cab. Vans are not as easy to maintain. The budget has been affected by the tripled figure for the retirement plan. Councilor Palmer noted that OCWA will raise their water rates by 15%, but the Town's increase for its residential customers will be 10%, and it will be 5% for its commercial customers.

The Supervisor explained that the department is small and one of their employees is on disability, so there will be some increases in the budget, but the rates will still be lower than what OCWA charges.

Dave Arnold asked if the Town would be selling their water district to OCWA and Supervisor Rupprecht said that the Town is still able to provide the service for less than OCWA, so there was no rush to sell it.

The Supervisor asked if there were any further comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.

Budget (PH) - Preliminary Budget for the Year 2004:

A public hearing to consider the adoption of the proposed 2004 Preliminary Budget for the Town of Clay, as the annual budget was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

The Supervisor explained that there are no changes yet to the budget. He noted that questions were raised as to why there was a 3% increase for some departments, but other departments had higher ones. He explained that some of the increases are civil service step increases, another is an additional part time person for the Supervisor's office and the legal department. He noted that another question raised was regarding contractual expenses. He explained that this is not contracting for services, it is purchases, paper etc. He added that the Board is still going over the budget and there may be changes before it is adopted.

Dave Arnold said he felt pay raises should be based on performance and he doesn't feel it's deserved.

The Supervisor asked if there were any further comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.

Special Districts/Sewer/Project (PH) - LAWTON VALLEY HUNT TRACT, SECTION NOS. 10 and 11:

A public hearing to consider a petition for the extension of the Lawton Valley Hunt Sewer District to be designated and known as "LAWTON VALLEY HUNT SEWER DISTRICT, EXTENSION NO. 1" and for the construction and acquisition of a lateral sewer system located therein to be designated and known as "LAWTON VALLEY HUNT SEWER DISTRICT, EXTENSION NO. 1, CONTRACT NO. 1 LATERAL" (Lawton Valley Hunt Tract, Section Nos. 10 and 11) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Alex Wisniewski gave a brief overview of the project. It is proposed to construct approximately 2635 lineal feet of 8-inch diameter sanitary sewers and appurtenances and 6-inch diameter sanitary sewers and appurtenances and 6-inch diameter service connections to the property lines to serve sixty single family residential lots. The facilities will be constructed by the developer and be dedicated to the Town at no cost. The sewage will be conveyed by existing Town and County facilities to the Oak Orchard Wastewater Treatment Facility. The probable construction cost will be $110,000. There will be an annual charge to the sewer district for operation and maintenance. The charge for 2003 is $15.00 per residential lot. Finally, there will be an annual charge by the Onondaga County Sanitary District for transmission and treatment; in 2003 the charge is $261.08 per residential lot.

Supervisor Rupprecht asked if there were any comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.

Special Districts/Drainage/Project (PH) - LAWTON VALLEY HUNT TRACT, SECTION NOS. 10 and 11:

A public hearing to consider a petition for the extension of the Lawton Valley Hunt Drainage District to be designated and known as "LAWTON VALLEY HUNT DRAINAGE DISTRICT, EXTENSION NO. 1" and for the construction and acquisition of a lateral drainage system located therein to be designated and known as "LAWTON VALLEY HUNT DRAINAGE DISTRICT, EXTENSION NO. 1, CONTRACT NO. 1 LATERAL" (Lawton Valley Hunt Tract, Section Nos. 10 and 11) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Alex Wisniewski gave a brief overview of the project. It is proposed to construct approximately 4544 lineal feet of 6-24 inch diameter storm sewers and appurtenances to serve sixty single family residential lots. The facilities will be constructed by the developer and be dedicated to the Town at no cost. The stormwater will be conveyed via swales, roadside gutters and storm sewers to an on-site detention area and ultimately to Mud Creek and into Peat Swamp.The probable cost will be $114,000. There will be an annual charge to the drainage district for operation and maintenance. The charge for 2003 is $12.00 per residential lot.

Supervisor Rupprecht asked if there were any comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.

Supervisor Rupprecht left the Board.

Budget - Special Districts Budget for the Year 2004:

Councilor Palmer moved the adoption of a resolution approving the adoption of the 2004 Special Districts Budget for the Town of Clay, as proposed. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Budget - Fire Budget for the Year 2004:

No action taken.

Budget - Uniform Water Budget for the Year 2004:

Councilor Palmer moved the adoption of a resolution approving the adoption of the 2004 Uniform Water Budget for the Town of Clay, as proposed. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Budget - Town of Clay Budget for the Year 2004:

No action taken.

Special Districts/Sewer/Project - LAWTON VALLEY HUNT TRACT, SECTION NOS. 10 and 11:

Councilor Palmer moved the adoption of a resolution approving the extension of the Lawton Valley Hunt Sewer District to be designated and known as "LAWTON VALLEY HUNT SEWER DISTRICT, EXTENSION NO. 1". Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Districts/Drainage/Project - LAWTON VALLEY HUNT TRACT, SECTION NOS. 10 and 11:

Councilor Palmer moved the adoption of a resolution approving the extension of the Lawton Valley Hunt Drainage District to be designated and known as "LAWTON VALLEY HUNT DRAINAGE DISTRICT, EXTENSION NO. 1." Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Project - LAWTON VALLEY HUNT TRACT, SECTION NOS. 10 and 11:

Councilor Ulatowski moved the adoption of a resolution that it is in the public interest that the Town of Clay approve the construction and acquire the public facilities located within LAWTON VALLEY HUNT TRACT, SECTION NOS. 10 AND 11 (Lawton Valley Hunt Sewer District, Extension No. 1, Contract No. 1 Lateral and Lawton Valley Hunt Drainage District, Extension No.1, Contract No. 1 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer KELLY-TOBIN DEVELOPMENT CORP. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.


Project - DELL CENTER, SECTION NO. 3 - KOHL SITE LOT NO. 9:

Councilor Ulatowski moved the adoption of a resolution approving the Final Plans for DELL CENTER, SECTION NO. 3 - KOHL SITE LOT NO. 9 (Clay Shopping Center Drainage District, Contract No. 2 Lateral) and authorizing the Supervisor to execute the necessary forms therefore, (contract documents). Contingent upon all necessary fees being posted, and retention basins being designed using Town standards. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Project (Final Plans) - LAWTON VALLEY HUNT TRACT, SECTION NOS. 10 and 11:

No action taken.

Three Rivers Demolition:

Councilor Bray moved the adoption of a resolution approving Change Order No. 1 in the amount of $300.00 with regard to the DEMOLITION OF THREE RIVERS APARTMENT COMPLEX contract and authorizing the Supervisor to execute same. This modification is for the cost associated with the sampling and testing of a black fiber material, found under the existing basement concrete slab, to determine if the material contained asbestos and would require special handling as a hazardous material. Two samples taken by the Contractor and tested by Envirologic on October 10th and 14th, 2003 detected no asbestos and the concrete slab was broken up and disposed of as hard fill. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Loan Agreement - Clay Volunteer Fire Department:

Councilor Bray moved the adoption of a resolution approving a Loan Agreement between the CLAY VOLUNTEER FIRE DEPARTMENT, INC., and MANUFACTURER AND TRUST COMPANY for the purchase of an American LaFrance Rescue Truck in the amount of $280,000.00, plus interest. The sole purpose of the aforesaid approval is the exclusion from federal income taxation of the interest payable under the Loan Agreement. The obligations of the Fire Company will not be a debt of the State of New York or the Town of Clay, nor shall either entity bear any liability therefore. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

The Supervisor took his seat on the Board.

Adjournment:

The meeting was adjourned at 8:25 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Carried.











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