January 3, 2005

At the Organizational and Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 3rd of January, 2005 at 7:00 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 organizational and regular meeting was called to order by Supervisor Rupprecht at 7:00 P.M. All present joined in the Pledge of Allegiance.

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ORGANIZATIONAL MEETING
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Official Rules of Procedure - Roberts Rules of Order:

Councilor Rowley moved the adoption of a resolution that Roberts Rules of Order be the official rules of procedures at Town Board Meetings, subject to the Rules provided by the Town Law and like Statutes which shall prevail (except that there shall be no second reading
of resolutions at Town Board Meetings unless the same is requested, and that there shall be no votes taken when the question of a pending resolution is called unless an objection is stated to voting upon such resolution forthwith). Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Town Board Meeting Schedule:

Councilor Bray moved the adoption of a resolution establishing the first and third Mondays of each month as the meeting nights for Town Board Meetings, and 7:30 P.M., local time, as the hour of commencement. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

GENERAL COMMITTEE appointment by the Supervisor:

Special Districts Councilperson Palmer Finance Councilperson Rycraft
Parks, Recreation & Human Resources Councilperson Palmer
Public Safety Councilperson Rowley Highway & Public Works Councilperson Ulatowski Planning & Development Councilperson Bray
Zoning Board of Appeals Councilperson Bray Personnel Supervisor Rupprecht Industrial Development Councilpersons Rycraft, Ulatowski & Edick Building Councilperson Edick Recreation Facilities & Grants Special Committee Councilpersons, Palmer, Rycraft & Ulatowski
Liaison No. Syracuse School District Councilperson Edick
Liaison Liverpool School District Councilperson Rowley

Personnel/Salaries:

Councilor Rowley moved the adoption of a resolution that the annual salaries for the Town Personnel for 2005 be established as follows:

Supervisor --------------- $42,865
Deputy Supervisor ------- $10,830
Councilpersons ----------  $ 9,788
Judges -------------------  $29,997
Commissioner of Recreation & Human Resources - $42,723
Commissioner of Finance -------- $23,179
Commissioner of Planning & Development ---------- $56,650
Commissioner of Public Safety ------- $57,083
Town Clerk ----------------- $39,140
Receiver of Taxes ----------- $39,140

Assessor -------------------- $50,000
Highway Superintendent ------ $57,652
Water Superintendent ----------  $44,923
Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Appointment:

Supervisor Rupprecht appointed Councilperson James Rowley as Deputy Supervisor. 

Appointment - Association of Towns Delegate & Alternate Delegate:

Councilor Bray moved the adoption of a resolution appointing Councilperson Ulatowski delegate to the Association of Towns. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Rowley moved the adoption of a resolution appointing Councilperson Rycraft alternate delegate to the Association of Towns. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Authorization - Check signing:

Councilor Ulatowski moved the adoption of a resolution authorizing the Deputy Supervisor to sign checks drawn on Town funds in the absence of the Supervisor. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Town Engineers:

Councilor Ulatowski moved the adoption of a resolution that C & S Engineers, Inc., be retained by the Town to perform such Special District services as the Town may require and authorizing the Supervisor to enter into an annual contract with said firm. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Ulatowski moved the adoption of a resolution authorizing the Town Engineers to update the "Town of Clay Zoning Map" annually, with payment for same to be authorized from the General Fund of the Town of Clay. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Town Attorneys:

Councilor Bray moved the adoption of a resolution retaining Mark Grobosky as attorney for the Zoning Board of Appeals, to receive $7,380 for the Zoning Board of Appeals work for the
year 2005. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

No action taken regarding retaining a Planning Board Attorney.

Bank Designation:

Councilor Rowley moved the adoption of a resolution designating the following as the official 2005 depository banks for the Town of Clay: M & T Bank; The J. P. Chase Bank; Key Bank National Association; Fleet National Bank; BSB Bank & Trust Company; Alliance
Bank, N.A.; and Westchester BOCES-MBIA - pooled cash investment program (class), or successors. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Newspaper Designation:

Councilor Ulatowski moved the adoption of a resolution designating the Syracuse Post Standard as the official Town’s newspaper for 2005. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Appointments:

Councilor Rowley moved the adoption of a resolution appointing Michael Ploski, as Dog/Animal Control Officer for the year 2005. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

No action taken to the appointment of a member to the Planning Board for a term of seven years.

Councilor Bray moved the adoption of a resolution appointing Joseph Dulin, to a term of five years on the Zoning Board of Appeals. Said term to expire December 31st, 2009. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Ulatowski moved the adoption of a resolution appointing Richard Carlesco, to the Board of Assessment Review. Said term to expire September 30, 2006. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Bray moved the adoption of a resolution appointing Walter Lepkowski, as Chairman of the Planning Board for the year 2005. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Bray moved the adoption of a resolution appointing Arthur Fennhahn, as Chairman of the Zoning Board of Appeals for the year 2005. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Palmer moved the adoption of a resolution appointing Ferdinand Lepinske, as Town Historian for the year 2005. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Bray moved the adoption of a resolution, pursuant to Local Law Chapter 104, "ETHICS LAW", Article IV, "BOARD OF ETHICS", appointing Robert Dugan, for a term of five years as a member of the Board of Ethics. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

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REGULAR MEETING
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Approval of Minutes:

Councilor Ulatowski moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on December 20, 2004 and the Special Meeting held on December 23, 2004. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

Supervisor Rupprecht welcomed Mary Moskowitz as a new employee. She is a Planner and will be working in the Planning Department and will be instrumental in implementing the new GIS System.

The Supervisor called a brief recess at 7:30 P.M. as the public hearing cannot commence until 7:35 P.M. The meeting was called back to order at 7:43 P.M.

License/Permits (PH) - CASUAL ESTATES MOBILE HOME COURT:

A public hearing to consider the application of CASUAL ESTATES MOBILE HOME COURT for the renewal of its license for the year 2005 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Matt Getty, Assistant Manager with Affordable Residential Communities (ARC) was present.  He said they have a lot planned for the park.

Commissioner Tessier stated that the mobile home court was inspected in October. There were some violations, which have since been taken care of, per the Town’s Code Enforcement Officer’s letter of December 22, 2004.

Russ Mitchell commented that he has been working with the park with regard to a neighborhood watch, and feels things are really improving over there.

Supervisor Rupprecht 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.

Meetings - Town Board:

Councilor Bray moved the adoption of a resolution canceling the January 17th, 2005 Town Board Meeting and rescheduling same to January 19th, 2005, due to Martin Luther King Holiday. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Ulatowski moved the adoption of a resolution canceling the February 21st, 2005 Town Board Meeting due to Association of Towns Meeting. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Donation - Greenfield Homes, LLC: 

Supervisor Rupprecht moved the adoption of the following resolution:

WHEREAS, Dan and Richard Bargabos of Greenfield Homes, LLC are developing certain sections of land located within the Pine Gate Acres Tract; and

WHEREAS, Greenfield Homes, LLC, is graciously donating $5,000.00 to the Town of Clay towards parkland improvements within said Pine Gate Acres Tract; and

WHEREAS, the Supervisor and Town Board of the Town of Clay would like to formally express its gratitude to Dan and Richard Bargabos and Greenfield Homes, LLC for their generosity; and 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board on behalf of themselves and the community want to publicly acknowledge their gratitude and appreciation to Dan and Richard Bargabos and GREENFIELD HOMES, LLC, for their generous donation towards parkland improvements within the Pine Gate Acres Tract.  Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Clay Historical Park Welcome Center:

Supervisor Rupprecht moved the adoption of the following resolution:

WHEREAS, the CLAY HISTORICAL ASSOCIATION and the Town of Clay are building a Welcome Center in the Clay Historical Park; and

WHEREAS, JAMES BAKER, has graciously donated the labor to pour the cement floor in the Welcome Center; and

WHEREAS, the Supervisor and Town Board of the Town of Clay would like to formally express its gratitude to James Baker for his generosity; and 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board on behalf of themselves and the community want to publicly acknowledge their gratitude and appreciation to James Baker for his generous donation. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Retirement - Assessor:

Supervisor Rupprecht commented that nine people have retired from the Town in 2004. He recognized the contributions of the following employees for the Town of Clay: Donald Crobar, Carol Wilcox, Michael Brown, Holly Alsid, Nelson Whitmore, William Weaver,
Richard Schad, Thomas Bottar, and Hal Henty. He noted that they all did a great job.

The Supervisor moved the adoption of the following resolution:

WHEREAS, the Supervisor received correspondence from HAROLD A. HENTY, (“Hal”), setting forth his retirement as Assessor for the Town of Clay, effective December 31st, 2004; and

WHEREAS, Hal was first employed by the Town of Clay in January 1986, as an Assessor’s Aid; and

WHEREAS, thereafter in January 1990 he served in Code Enforcement until he was appointed as provisional Assessor for the Town of Clay in January 1992 and thereafter in July 1992 appointed as Assessor for the Town of Clay until his retirement; and

WHEREAS, Hal was instrumental in negotiating several certiorari actions, along with the Town Attorney, to a successful conclusion without the need for such actions going to trial; and

WHEREAS, Hal has always given of himself to the Town through his dedication to his position and assistance to the public; and

WHEREAS, in recognition of his many years of service as a knowledgeable and dedicated Assessor to the Town of Clay and his dedicated services; and 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board on behalf of themselves and the community want to publicly acknowledge their thanks and appreciation to HAROLD A. HENTY for his many years of faithful service to the Town of Clay and offers best wishes to him in his retirement.

Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Authorization - GIS System:

Councilor Ulatowski moved the adoption of a resolution authorizing C&S Engineers to develop an Internet based GIS System for the Town of Clay. This application will cost $19,879 for programming and GIS data collection and setup. Data layers will include: tax parcels, roads,
10ft contours, zoning, soils, aerial photography, river front boundary, Town Boundary, FEMA flood plains, water districts, drainage districts, sanitary districts, as well as sanitary sewers and manholes as provided by Onondaga County. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Authorization - Municipal Code Book:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to execute an Agreement with General Code for the annual maintenance of the Code of the Town of Clay, PC Code Book and E-Code (website) for the year 2005 at an estimated budget of
$2,800.00. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

License/Permits (A) - CASUAL ESTATES MOBILE HOME COURT:

Councilor Palmer moved the adoption of a resolution approving the application of CASUAL ESTATES MOBILE HOME COURT for the renewal of its license for the year 2005.  Motion was seconded by Councilor Rycraft.

Supervisor Rupprecht – yes   Councilor Palmer – yes 
Councilor Rowley - yes         Councilor Rycraft – yes
Councilor Bray – yes             Councilor Ulatowski – yes
Councilor Edick – yes

Carried.

Zone change (CPH) - Town Board Case #911 - SAM’S REAL ESTATE BUSINESS TRUST and SAM’S CLUB:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing January 19th, 2005, commencing at 7:35 P.M., local time to consider the application of SAM’S REAL ESTATE BUSINESS TRUST and SAM’S CLUB for a change of zone from Shopping
Center (C-5) District to Gasoline Service Facilities (C-4) District on a portion of premises located at 3895 State Route 31, consisting of only 0.678 acres, more or less of 16.27 acres, part of Tax Map No. 021.-01-03.3. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Executive Session:

Supervisor Rupprecht called for an executive session to discuss the potential purchase of real estate at 8:10 P.M. The Supervisor called the meeting back to order at 8:14 P.M.

Land Purchase:

Supervisor Rupprecht moved the adoption of a resolution authorizing the purchase of approximately one acre (350 x 125 feet) of real property on Lock Road, adjacent to Black Creek Creek Road in the Town of Clay, known as tax map number 036-01-15.0 with the intention it be used in the future for recreational purposes. It is also resolved that the Supervisor is hereby granted the power to execute all necessary documents in connection with the purchase, including but not limited to a proposed “Contract to Purchase”. The proposed purchase price
is $12,000 plus closing costs and taxes. The form and content of the proposed “Contract to Purchase” are subject to the approval of the Town Attorney. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 8:18 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.

Archived Minutes