THIS RESOLUTION IS SUBJECT TO

SPECIAL TOWN OF CLAY ELECTION

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RESOLUTION OF THE TOWN BOARD OF THE TOWN OF

CLAY, ONONDAGA COUNTY, NEW YORK PROVIDING FOR

THE HOLDING OF A SPECIAL TOWN ELECTION OF THE

TOWN OF CLAY, ONONDAGA COUNTY, NEW YORK FOR

THE PURPOSE OF SUBMITTING A PROPOSITION OF THE

QUESTION OF APPROVING OR DISAPPROVING A LOCAL

LAW OF THE TOWN OF CLAY DATED APRIL 7TH, 2008.

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            At a regular meeting of the Town Board of the Town of Clay, Onondaga County, New York, held at the Town Hall, 4401 State Route 31, Clay, New York, in said Town on the 7th, day of April 2008 at 7:30 P.M., Local Time,

 

            The Meeting was called to order by Supervisor James J. Rowley, and upon the roll being called the following were present:

 

            PRESENT:             James J. Rowley                            Supervisor

                                            Damien M. Ulatowski                    Councilman

                                            Naomi R. Bray                              Councilwoman

                                            William C. Weaver                        Councilman

                                            Robert L. Edick                            Councilman

                                            Joseph A. Bick                              Councilman

 

            ABSENT:               Clarence A. Rycraft                       Councilman

         

            The following Resolutions were moved, seconded and passed, to wit:

 

  1.  A resolution approving a proposed Local Law of the Year 2008 Abolishing the Clay Police Department, pursuant to Town Law Section 150(4).  This Local Law and resolution are strictly subject to a referendum of qualified voters within the Town of Clay (excluding the Village of North Syracuse) to be held June 23rd, 2008.  The Town has conducted a public hearing on the matter as well as participated in detailed fact finding. 

 

  1. A resolution calling a Special Election pursuant to Section 82 of the Town Law to be held June 23rd, 2008 at the Town of Clay Town Hall, for all qualified electors within the Town of Clay (excluding the Village of North Syracuse) for the purpose of voting by machine on the adoption or rejection of a Local Law adopted by resolution of the Town Board on April 7th, 2008, abolishing the Town of Clay Police Department pursuant to Town Law.  The Voting hours shall be 12:00 p.m. to 9:00 p.m.  A copy of the Town Board resolution authorizing this action after the conduction of a public hearing shall be published and posted in accordance with the Town Law.  Also, a copy of this resolution shall be placed on file in the office of the Town Clerk.

 

            WHEREAS, the Town Board of the Town of Clay has at a meeting duly called, held and conducted a public hearing on April 7th, 2008 adopting a resolution Abolishing the Clay Police Department, pursuant to Town Law Section 150(4), which does not take effect until a proposition for the approval thereof has been approved at a Special Election by qualified voters within the Town (excluding the Village of North Syracuse); and,

 

            WHEREAS, this Town Board desires to call such a Special Election for said Town for submission of such proposition; and,

 

            NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Clay, Onondaga County, New York as follows: 

 

            Section 1:    A Special Election of the qualified electors of the Town of Clay, Onondaga County, shall be held on the 23rd day of June 2008, at the Clay Town Hall in said Town located at 4401 State Route 31, Clay, New York, for the purpose of voting upon a proposition with respect to the adoption of a Local Law of the Year 2008, referred to above.  Voting shall be by machine and the polls at such Special Election shall be kept open between the hours of 12:00 o’clock noon to 9:00 P.M., Local Time. 

 

            Section 2:  The Town Clerk is hereby authorized and directed to give notice of such Special Election by publication in the Syracuse Post Standard and the Liverpool Review, newspapers in said Town, the first publication of such notice to be made at least ten (10) days prior to the time of such Special Election.  In addition, the Town Clerk shall post or cause to be posted a copy of such notice on the signboard maintained pursuant to subdivision 6 of Section 30 of the Town Law at least ten (10) days prior to such election.  Said notice shall be in substantially the following form, to wit:

 

NOTICE OF SPECIAL ELECTION

Town of Clay, Onondaga County, New York

 

     NOTICE IS HEREBY GIVEN, that a Special Election of the Town of Clay, Onondaga County, New York, will be held for qualified electors in said Town solely at the Town Hall located at 4401 State Route 31, in Clay, New York on June 23rd, 2008.  The polls will be kept open from 12:00 o’clock noon to 9:00 P.M., local time for the purposes of voting by machine on the adoption or rejection of a Local Law of the Year 2008 of the Town of Clay dated April 7th, 2008, a copy of which is on file at the office of the Town Clerk at Town Hall where it may be inspected during normal business hours. 

 

       The polls will be kept open for the purpose of voting by machine on substantially the form of the following, to-wit:

 

PROPOSITION

        

            Shall the Town of Clay adopt a Local Law of the Year 2008 Abolishing the Clay Police Department pursuant to Section 150(4) of the NYS Town Law, and perform a Transfer of Function/Consolidation of the Town Police Department with the Onondaga County Sheriff’s Department, and further should the Town contract with Onondaga County for the extension of additional Police Services within the Town of Clay as proposed?

 

           Note:  The form of proposition appearing on the voting machine may be abbreviated due to space constraints. 

 

            NOTICE IS HEREBY FURTHER GIVEN, that persons qualified to vote at such Special Election shall be qualified electors of the Town of Clay, Onondaga County (excluding the Village of North Syracuse) who shall vote at a single polling place of the new Clay Town Hall, located at 4401 State Route 31 in Clay, New York.  This Special Election shall be conducted in accordance with the applicable rules set forth in Election Law and Article 6 of the Town Law. 

 

Dated:  April 8th, 2008

 

BY ORDER OF THE TOWN BOARD OF THE TOWN

OF CLAY, COUNTY OF ONONDAGA, NEW YORK

 

                                                           By:_____________________________________________

                                                                   VIVIAN I. MASON, TOWN CLERK

 

            Section 3:  The poll workers will be selected from a list of election inspectors and one voting machine custodian to be designated by this Town Board for election purposes, pursuant to Election Law, to act as election inspectors and voting machine custodian for the Special Election to be held June 23rd, 2008.

     

            Section 4:  The persons selected for poll workers shall be paid the sum of One Hundred and 00/100 ($100.00) dollars each for their services. 

 

            Section 5:    This resolution shall take effect upon filing with the Town Clerk. 

 

            The question of the adoption of the foregoing resolutions were duly put to a vote on a roll call, which resulted as follows:

                                               James J. Rowley                            Voting               Yes

                                               Damien A. Ulatowski                     Voting               Yes

                                               Naomi R. Bray                              Voting               Yes

                                               William C. Weaver                        Voting               Yes                                    

                                               Robert L. Edick                             Voting               Yes

                                               Joseph A. Bick                              Voting               Yes

                                               The resolution was thereupon declared duly adopted.

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STATE OF NEW YORK          )

                                                  ) SS.:

COUNTY OF ONONDAGA   )

 

            I, the undersigned Clerk of the Town of Clay, in the County of Onondaga, New York (the "Issuer"), DO HEREBY CERTIFY:

 

1.          That a meeting of the Town Board of the Town of Clay was duly called, held and conducted on the 7th day of April 2008.

 

2.          That such meeting was a regular meeting.

 

3.          That attached hereto is a proceeding of the Town of Clay, which was duly adopted at such meeting by the Town Board of the Town of Clay.

 

4.          That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Town Board.

 

5.          That all members of the Town Board of the Town of Clay had due notice of said meeting.

 

6.          That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law".

 

7.          That notice of said meeting of the Town Board was given PRIOR THERETO in the following manner:

 

PUBLISHED notice in the Post Standard of such hearing at the meeting of April 7th, 2008 at 7:56 P.M., local time on March 26th, 2008 and March 27th, 2008.

           

        POSTING on the bulletin board located at the Clay Town Hall, 4401 State Route 31, and on the Town of Clay website on the 26th day of March 2008 and remains there until the next Agenda of the Clay Town Board is prepared.

 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Clay this 11th day of April, 2008.

S E A L)                                                         

                                                            _______________________________________________

                                                                        VIVIAN I. MASON, TOWN CLERK OF THE TOWN

                                                                        OF CLAY, COUNTY OF ONONDAGA, NEW YORK