November 15, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 15th of November, 2004 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
David Tessier               Commissioner of Planning & Development
Robert Germain            Town Attorney
Doug Wickman             Town Engineer

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 Ulatowski moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on November 1, 2004. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

Supervisor Rupprecht welcomed the Boy Scouts from Troop 203 and 209.

Councilor Palmer noted that Sunday, December 5th, between 12:00 noon and 4:00 P.M. there will be an open house at the Clay Historical Park on Route 31.

Budget (A) - 2005 Special Districts Budget:

Councilor Rowley moved the adoption of a resolution approving the adoption of the 2005 Special Districts Budget for the Town of Clay, as proposed. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Budget (A) - 2005 Fire Budget:

Councilor Rowley moved the adoption of a resolution amending the 2005 Fire Budget for the Town of Clay as follows: reducing the amount requested by Moyers Corners Fire Department, Inc. by $50,000 from $1,323,777 to $1,273,777, and reducing the total fire protection tax by $50,000 from $2,515,498 to $2,465,498, thereby reducing the estimated 2005 estimated tax rate by $.39 from $19.42 to $19.03. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Councilor Rowley moved the adoption of a resolution approving the adoption of the 2005 Fire Budget for the Town of Clay, as amended. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Budget (A) - 2005 Uniform Water Budget:

Councilor Palmer moved the adoption of a resolution approving the adoption of the 2005 Uniform Water Budget for the Town of Clay as proposed. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

The Supervisor left the Board.

Budget (A) - 2005 Town of Clay Budget:

Councilor Rowley moved the adoption of a resolution authorizing increases/decreases to the Town of Clay 2005 Preliminary Budget as follows: in account DR5110.4 Highway General Repair - Contractual Expense - $39,200 (from $473,500 to $512,700), in account DR5112.4 Highway Improvements - Contractual Expense - $8,000 (from $129,000 to $137,000) in account DR9010.8 Highway General Repair - Social Security $20,121 (from $108,121 to $88,000), in account DR9010.8 Highway General Repair - Workers’ Compensation $24,359 (from $93,109 to $68,750), in account DS9010.8 Snow Removal - Social Security $19,389 (from $88,464 to $69,075), in account DR9010.08 Snow Removal - Workers’ Compensation $19,930 (from $76,180 to $56,250). And be it further resolved that the Town of Clay 2005 Highway Fund tax levy be reduced by $36,599 (from 3,362,384 to $3,335,786) and the tax rate be reduced by $.52 per thousand assessed valuation (from $27.85 to $27.33 per thousand assessed valuation). Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Councilor Ulatowski moved the adoption of a resolution approving and adopting the Preliminary Budget as the Town of Clay Budget for the Year 2005, as amended. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Project/Securities (posting) - LAWTON VALLEY HUNT, SECTIONS NO. 11:

Councilor Edick moved the adoption of a resolution that the Town of Clay having conducted public hearings to consider the construction and acquisition of drainage and sewer facilities located only within LAWTON VALLEY HUNT TRACT, SECTION NO. 11 (Lawton Valley Hunt Sewer District, Extension No. 1, Contract No. 1 Lateral, Lawton Valley Hunt Drainage District, Extension No. 1, Contract No. 1 Lateral) and the construction of said facilities having been completed in accordance with the Plans and Specifications thereof; the Town Engineers having certified that the facilities have been satisfactorily completed and contingent upon the developer posting $30,000.00 to guarantee the cost of completion of overland drainage facilities as shown on a list prepared by the Town Engineers under date of November 9, 2004, posting $29,960.00 as security to guarantee completion for highway construction; $9,270.00 repair and maintenance for sewer and drainage facilities; $2,250.00 Monument Fee; $7,200.00 Park Land Contribution; and payment of estimated future fees - engineering $5,000.00; and any legal and administrative fees, as well as any outstanding balance of current fees that may be due for engineering, legal, and administrative fees; and further contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and KELLY-TOBIN DEVELOPMENT CORPORATION that the Town accept title to such facilities. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Project/Easement (sewer & drainage) - LAWTON VALLEY HUNT, SECTIONS NO. 11:

Councilor Edick moved the adoption of a resolution accepting an easement for drainage and sewer facilities located within LAWTON VALLEY HUNT TRACT, SECTION NO. 11 (Lawton Valley Hunt Sewer District, Extension No. 1, Contract No. 1 Lateral, Lawton Valley Hunt Drainage District, Extension No. 1, Contract No. 1 Lateral) from KELLY-TOBIN DEVELOPMENT CORPORATION. Motion was seconded by Councilor Ulatowski.
Ayes-6 and Noes-0. Carried.

The Supervisor took his place on the Board.

Project/Deed - LAWTON VALLEY HUNT, SECTIONS NO. 11:

Councilor Bray moved the adoption of a resolution accepting a warranty Deed, Dedication, Application and Release of Damage for Town roads as shown on a map of LAWTON VALLEY HUNT TRACT, SECTION NO. 11 from KELLY TOBIN DEVELOPMENT CORPORATION. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Project/Deed - LAWTON VALLEY HUNT, SECTIONS NOS. 5 & 6:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to execute a Deed to KELLY-TOBIN DEVELOPMENT CORPORATION for a 10 foot strip of land at the rear portion of lots 244, 245, 246, 247 and the southwesterly portion of lot 248 as shown on a map for LAWTON VALLEY HUNT TRACT, SECTION NOS. 5 and 6 and indicated as “Lands to be conveyed by the Town of Clay to Adjoining Owner(s).” By deeding this to Kelly-Tobin the Town will not have to sign the final plan, prepare a description and then convey to each individual owner of said lots. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Contract/County of Onondaga - Snow Plowing:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to execute a contract with the County of Onondaga for snow plowing of County roads, as designated on the list attached thereto, within the Town of Clay during the 2004-2005 winter season at $4,600.00 for each and every mile. Contingent upon approval as to form and content by the Town Attorney. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #910 - GROUP ONE DEVELOPMENT, LLC and MARY PICKARD:

Councilor Bray moved the adoption of a resolution calling a public hearing December 6th, 2004, commencing at 7:35 P.M., local time, to consider the application of GROUP ONE DEVELOPMENT, LLC and MARY PICKARD for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1) District on property located at 8351 Caughdenoy Road, consisting of only 1.025± acres, (part of Tax Map No. 074.-01-02.0). Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

CLAY VOLUNTEER FIRE DEPARTMENT, INC. - Amendment of Certificate of Incorporation: 

Councilor Rowley moved the adoption of the following resolution:

WHEREAS, the CLAY VOLUNTEER FIRE DEPARTMENT, INC., (a Not-For-Profit Corporation) desires to amend its Certificate of Incorporation to add provisions enabling it to become a Section 501(c)(3) organization under the U.S. Internal Revenue Code, thereby allowing it to accept tax-deductive contributions (and enjoy other such benefits as the law permits); and

WHEREAS, the New York State Not-For-Profit Corporation Law requires the governing town board to approve or consent to such amendment; and

WHEREAS, the Town Board of the Town of Clay, the governing town board for the CLAY VOLUNTEER FIRE DEPARTMENT, INC., desires to approve the “Certificate of Amendment of the Certificate of Incorporation of Clay Volunteer Fire Department, Inc.” (attached hereto as Exhibit A);

NOW, THEREFORE, BE IT RESOLVED, as follows:

The Clay Town Board hereby approves the “Certificate of Amendment of the Certificate of Incorporation of the Clay Volunteer Fire Department, Inc.”, signed by President David Birardi and dated November 3, 2004 (attached hereto as Exhibit A).

This resolution shall take effect immediately.

Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Contract - Athletic Fields:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to execute a Contract (No. M040060) with the State of New York for funds in the amount of $30,000.00 for the cost of drainage for five athletic fields (Clay Park Central), subject to approval by the Town Attorney as to form and content. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:07 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Carried.



Archived Minutes