Town Of Marcy
Oneida County
Minutes
Minutes of two Public Hearings and Regular Town Board Meeting held on December 27, 2007, beginning at 6:45 P.M., Municipal Building, 8801 Paul Becker Road, Marcy, NY.
TOWN BOARD MEMBERS PRESENT
Supervisor Brian N. Scala; Council members: Brendon M. Candella, James P. Goodman, Kathleen A. Gregory, Keith P. Schuderer
OTHER TOWN OFFICIALS PRESENT
Town Clerk Francine Broccoli; Attorney William P. Schmitt; County Legislator Richard A. Flisnik; Highway Superintendent Patrick VanHatten; Public Works Administrator Timothy Russell; Parks, Recreation, Cultural Director Patrick M. Clark; Economic Development Coordinator David W. Kozyra; Planning Board member Carl A. Annese
The Public Hearing for the purpose of considering the adoption of a proposed Local Law entitled Town of Marcy Noise Law was called to order at 6:45 P.M. with the Pledge of Allegiance to the Flag.
Town Clerk Francine Broccoli produced the Notice calling for this Public Hearing that was published in the Observer Dispatch on December 16, 2007. (See text of Notice in the Town Board meeting minutes of November 29, 2007.) The Notice calling for this Public Hearing was also posted according to Law.
No one appearing to provide public comment, the following was offered:
MOTION #081/2007 GENERAL MEETING PUBLIC HEARING ADJOURN
The Public Hearing was declared closed at 6:46 P.M. upon motion by Councilman Candella; seconded by Councilman Schuderer.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
The Public Hearing for the purpose of notifying the Comptroller of the State of New York of the Capital Assessments levied against State lands for the year 2008 was called to order at 6:55 P.M. with the Pledge of Allegiance to the Flag.
Town Clerk Francine Broccoli produced the Notice calling for this Public Hearing that was published in the Observer Dispatch on December 05, 2007. See text of Notice in the Town Board meeting minutes of November 29, 2007.) It was also noted that the State Comptroller was notified of this Public Hearing which pertains to the 2008 Capital Assessments on State owned properties. The Notice calling for this Public Hearing was also posted according to Law.
Supervisor Scala commented that the Public Hearing in accordance with Section 19 of the Public Lands Law on assessments on water improvements and sewer improvement was now opened for any public comment.
No one appearing to provide public comment, the following was offered:
MOTION #082/2007 GENERAL MEETING PUBLIC HEARING ADJOURN
Page 2 Regular Town Board Meeting 12/27/2007
The Public Hearing was declared closed at 6:56 P.M. upon motion by Councilman Schuderer; seconded by Councilwoman Gregory.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
The Regular Meeting of the Town Board opened at 7:00 P.M. with the Pledge of Allegiance.
MOTION #083/2007 GENERAL MINUTES TOWN BOARD ACCEPT
A motion was offered by Councilwoman Gregory to accept the minutes of 11/29/2007 as written; seconded by Councilman Goodman.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Abstain.
MOTION #084/2007 GENERAL MINUTES TOWN BOARD ACCEPT
A motion was offered by Councilman Goodman to accept the minutes of 12/15/2007 with two minor corrections; seconded by Councilman Schuderer.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: James P. Goodman Aye, Keith P. Schuderer Aye; Council members Candella and Gregory Abstain.
Town Clerk Francine Broccoli presented the following report of correspondence:
1. The application submitted by the town of Marcy for funding under the Municipal Waste Reduction and Recycling Program has been approved. Fire (5) originals of the State contract between the NYS Department of Environmental Conservation and the town of Marcy have been signed by authorized representative Superintendent of Highways Patrick VanHatten, notorized, and have been mailed. Marcy has been awarded a State assistance contract in the amount of $34,641.00, which is 50% of the eligible project cost. (Waste Reduction and/or Recycling Project)
2. The following November departmental reports have been received:
---Town Clerk: $170.39 remitted to various State/County agencies; $32.50 remitted to Marcy Sewer General; $12.50 remitted to Marcy Water General; $2,990.10 remitted to the Supervisor; Total disbursements: $3,205.49.
---Public Works Administrator: 5 permits issued; $2,499.00 in permit fees collected.
---Court: $14,435.00 forwarded to the Supervisor.
---Sanitation: 223.03 tons of recyclables have been picked up for a total savings of $16,091.62.
3. The following checks have been received:
---Quill: $6.02 refund check.
---CAP Scrap Metal: $435.60.
---Stittville Fire District Fuel check: $168.75.
4. The Utica Art Association has changed their plans per Historian Raymond F. Ball. The display racks will be kept in storage as the association now does.
5. 37 dozen American flags to honor deceased veterans for Memorial Day observances will be again be provided by Oneida County.
Regular Town Board Meeting 12/27/2007 Page 3
6. James D. Cheyne has submitted his letter of interest in the position of Economic Development Officer. Said letter copied to the Town Board.
7. Public Works Administrator Timothy Russell and Town Clerk Francine Broccoli attended a Hazard Mitigation Planning meeting on December 11th where the final copy of the Oneida County Hazard Mitigation Plan was distributed. Municipalities were asked to send their resolutions when adopted. Copies of same will be provided by Jo Anne Faulkner, Oneida County Soil and Water Conservation District, to the State Emergency Management Association and FEMA. Public Works Administrator Russell provided a full final Plan to the Town Clerk, the Highway Superintendent, Stittville fire department and Maynard fire department. Certain information was also copied to the Town Board.
8. Former Judge John E. Shaw will be honored from 6 until 9 P.M. on January 3rd, 2008 at the Municipal Building. Please contact Court Clerks Terri Sciortino or Bernadette Scharbach if interested in attending.
9. Appeal Actions received: Bykovich, 277.002-3-4, area variances granted; Heiland, 306.007-2-44, area variances granted.
10. Oneida County Board of Legislators passed a resolution ordering a quarantine on dogs to prevent deer depredation in Oneida County. The quarantine will continue through April 15, 2008.
11. There will be a benefit fundraiser for Burgundy Hill Farm and Stables on January 5th at the Deerfield Firehouse Hall from 2 P.M. to 8 P.M. Tickets can be purchased at various locations.
12. Oneida County has designated the month of January to be “Open Enrollment Period” for persons applying to be included in an agricultural district. Applications will be accepted until January 31st. Forms may be picked up at the Town Clerk’s office, completed, and returned to Oneida County Planning Department by January 31st.
Parks, Recreation, and Cultural Director Patrick M. Clark advised that the RFP for the Municipal Pool and Building is almost complete. The total number of participants for SUNY membership will be obtained once the college reopens after vacation. A letter was read from Joann Rush-Worrall, a San Diego, California resident, who requested two copies of the Marcy cookbook be forwarded to her. Two copies were mailed to her by the Town Clerk. Mr. Clark advised that Michele Scranton will be available for 2008 summer employment as Day Camp Director. Finnegan will be the Aquatic Director. The Heart Run will be on March 8th. Mr. Clark and Councilman Goodman attended the Eagle Scout dinner.
Economic Development Coordinator David W. Kozyra next presented his report. In December, Mr. Kozyra attended a Master Plan meeting and the Chamber of Commerce meeting. Mr. Kozyra also thanked the Town Board and other Officials for their support while he was the Economic Development officer.
PUBLIC COMMENT. Marcy Chamber of Commerce President Carl A. Annese inquired if the Chamber could be included within the town website. Mr. Annese further inquired if the Chamber could put a page in the town newsletter Marcy Matters and pay the
Page 4 Regular Town Board Meeting 12/27/2007
difference with the increase in costs. Town Attorney Schmitt advised that the town and the Chamber should have an Agreement drawn. The website is through Digital Towpath and the town pays $500. per year. Mr. Annese will contact Jeannie Brown. Ritchie Road resident Thomas Pianella inquired if sewer extension to Ritchie Road is planned. Supervisor Scala commented that the town has been trying to obtain funding for sewer extension on Mallory, Ives, Olin roads. Funding has not been obtained as yet. It was also noted that two pump stations are needed in the Ritchie road area; the estimated cost for a pump station is $350,000.
The following Agreement was offered upon motion by Councilman Goodman; seconded by Councilwoman Gregory:
RESOLUTION NO. 094/2007 HIGHWAY/TRANSPORTATION
TURNAROUND AGREEMENT
AGREEMENT dated this 27th day of December, 2007 by and between the Town of Marcy, New York, hereinafter referred to as the “Town” and Jack Crane, Mallory Road, Marcy, New York, hereinafter referred to as “Crane”.
WITNESSETH:
WHEREAS, the “Town” is a municipal corporation existing under and by virtue of the laws of the State of New York, and
WHEREAS, the “Town” is charged, among other things with the responsibility of maintaining town highways and collecting garbage and refuse, and
WHEREAS, for a number of years agents and employees of the town have used a driveway owned and maintained by the said “Crane” on Mallory Road, Marcy, New York for the purposes of a turn-around at the end of their normal maintenance and collection routes, and
WHEREAS, the said driveway is the most convenient location for turning town equipment and to require such vehicles to turn at any other location would be a considerable inconvenience and expense as the result of the additional mileage involved, and
WHEREAS, “Crane” is agreeable to permitting the said driveway to continue to be used by the “Town” for equipment turn-around purposes under terms and conditions hereinafter set forth.
NOW, THEREFORE IT IS mutually agreed and understood that:
1. The “Town” may continue to use a driveway owned and maintained by “Crane” on Mallory Road, Marcy, New York for the purposes of turning town vehicles.
2. That in consideration for the use of the described driveway, the town agrees to collect trash, garbage and refuse from the residence property owned by “Crane” at Mallory Road, Marcy, New York once each week.
3. That the term of this agreement shall be from January 1, 2008 through December 31, 2008.
4. That either party to this agreement may declare this agreement null and void upon one month’s written notice of the intention to declare this agreement a nullity.
5. That “Crane” shall be responsible for any normal wear and tear upon the driveway as described.
Regular Town Board Meeting 12/27/2007 Page 5
6. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 27th day of December, 2007.
In Presence Brian N. Scala, Supervisor Jack W. Crane
Town of Marcy, New York 6779 Mallory Road
S E A L Holland Patent, New York 13354
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
The following Local Law was adopted upon motion by Councilman Schuderer; seconded by Councilman Goodman:
RESOLUTION NO. 095/2007 LOCAL LAW NO. 02 FOR 2007
NOISE LAW
WHEREAS, a Public Hearing on proposed Local Law entitled Town of Marcy Noise Law was held on December 27, 2007 at 6:45 P.M. and an opportunity to be heard for or against said proposed Law was offered;
NOW, THEREFORE, BE IT RESOLVED THAT the Town Board of the Town of Marcy adopts Local Law No. 02 for 2007 entitled Town of Marcy Noise Law which includes the Legislative Intent, Noise Level Standards, Definitions, Exceptions to Noise Law, Specific Prohibitions, Compliance, Penalty, Manner of Enforcement; The full text may be viewed at the Town Clerk’s office during regular business hours; and
FURTHER RESOLVED THAT a Notice of Adoption be published in the Observer Dispatch; and
FURTHER RESOLVED THAT Local Law No. 02 for 2007 will become effective upon submittal to the Office of the New York State Secretary of State.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
The following was offered upon motion by Councilman Candella; seconded by Councilwoman Gregory:
RESOLUTION NO. 096/2007 TAXATION/ASSESSMENTS NYS CAPITAL
NOTICE OF ADOPTION
WHEREAS, in accordance with Section 19 of the Public Lands Law, the State Comptroller was notified that certain properties owned by the State of New York is subject to special assessments for capital purposes for the Marcy Sewer Improvement and the Marcy Water Improvement; and
WHEREAS, a Public Hearing was called for and held on December 27, 2007, for the final adoption of the assessment roll for the Marcy Sewer Improvement and the Marcy Water Improvement; and,
WHEREAS, said assessments are authorized by Sections 404 and 490 of the Real Property Tax Law and applicable sections of the Town Law;
NOW, THEREFORE, BE IT RESOLVED, THAT capital assessments are levied against the following state lands for the 2008 year –
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Lands of the Marcy State Hospital, under the jurisdiction of the Department of Mental Hygiene; Lands of the University of the State of New York; Lands of the NYS Thruway Authority used for Barge Canal Properties; Lands of the New York State Department of Correction used for the Marcy Correctional Facility; and Lands of the Department of Environmental Conservation.
BE IT FURTHER RESOLVED THAT
The capital assessment for the Marcy Sewer Improvement, on the Marcy State Hospital lands, is $266,945.15.
The capital assessment for the Marcy Sewer Improvement, on the University lands, is $117,064.95.
The capital assessment for the Marcy Sewer Improvement, on the Barge Canal Properties, is $ 11,720.57.
The capital assessment for the Marcy Sewer Improvement, on the NYS Department of Corrections lands, is $ 97,412.48.
The capital assessment for the Marcy Water Improvement, on the Marcy State Hospital lands, is $ 46,369.66.
The capital assessment for the Marcy Water Improvement, on the University lands, is $ 20,334.74.
The capital assessment for the Marcy Water Improvement, on the Barge Canal Properties, is $ 2,035.92.
The capital assessment for the Marcy Water Improvement, on the NYS Department of Corrections lands, is $ 16,921.02.
By Order of the Town Board of the Town of Marcy
Francine Broccoli, Marcy Town Clerk
Dated: 12/27/2007
OD: 01/14/2007
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
The following was approved upon motion by Councilwoman Gregory; seconded by Councilman Schuderer:
RESOLUTION NO. 097/2007 GENERAL REGULAR TOWN BOARD MEETINGS
YEAR 2008
LEGAL NOTICE
TOWN OF MARCY
Please take notice that the Town Board of the Town of Marcy, Oneida County, New York, has established the Regular Town Board Meeting dates for 2008:
Thursday, January 10 Thursday, July 24
Thursday, January 24 Thursday, August 28
Thursday, February 21 Thursday, September 25
Thursday, March 20 Thursday, October 23
Thursday, April 24 Thursday, November 20
Thursday, May 22 Thursday, December 18
Thursday, June 26
Regular Town Board Meeting 12/27/2007 Page 7
The Regular Town Board Meetings are conducted at the Marcy Municipal Building, 8801 Paul Becker Road, Marcy, New York and commence at 7:00 PM. Meetings are open to the public and the Building is accessible to the handicapped.
By Order of the Town Board of the Town of Marcy.
Francine Broccoli
Marcy Town Clerk
Dated: 12/27/2007
OD: 01/04/2008
Rome Sentinel: 01/04/2008
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
The following was approved upon motion by Councilman Schuderer; seconded by Councilwoman Gregory:
MOTION #086/2007 FISCAL AUDIT OF RECORDS/REPORTS
RESOLVED TO examine the 2007 Records/Reports of the Supervisor; Town Clerk; Tax Collector; Justices; Hilton & Powers, on Thursday, January 10, 2008 at 6:30 P.M., at the Municipal Building, 8801 Paul Becker Road.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
Supervisor Scala brought forth that the State is clearing land on Old River Road by the Marcy Correctional facility. There are two construction trailers on the land. Supervisor Scala and Attorney Schmitt are attending meetings relating to the inflow and infiltration problems. There is work also being done at the psychiatric center. Public Works Administrator Russell advised that he had spoken with Terry Whittaker of the maintenance department who told him there will be an addition to the present building (everyone from the present building have been relocated) and 100 mental health patients will be housed there. Mr. Russell further advised that this new construction will not change the I & I flow across the road where MidState Correctional and the Psychiatric Center are located.
The following Budget Transfers were authorized upon motion by Councilman Schuderer; seconded by Councilwoman Gregory:
RESOLUTION NO. 098/2007 FISCAL BUDGET TRANSFERS
RESOLVED TO approve the following budget transfers:
TO: General Zoning Personnel A8010.40 + $1,600.00
FROM: General Planning Personnel A8020.10 - $1,600.00
TO: General Town Board Contractual A1010.41 + $ 3,000.00
General Court Contractual A1110.40 + $ 800.00
General Central Printing A1670.40 + $ 2,000.00
General Parks/Recreation A7140.40 + $ 200.00
TO: Highway Bldg. Personnel Services DA1620.10 + $ 2,000.00
TOTAL: $ 8,000.00
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FROM: General Contingency A1990.40 - $ 8,000.00
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
MOTION #087/2007 FISCAL SUPERVISOR INCOME/EXPENSE REPORT
Supervisor Scala presented the November 2007 report of income and expenses. Said information was read, is on file, and was accepted upon motion by Councilman Goodman; seconded by Councilwoman Gregory.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
The following Budget Increase was offered upon motion by Councilwoman Gregory; seconded by Councilman Candella:
RESOLUTION NO. 099/2007 FISCAL BUDGE INCREASE
RESOLVED TO increase the following:
Highway Snow DA5142.40 from $200,000. to $212,000.
Highway Personnel DA5110.10 from $365,000. to $385,000.
Sanitation Personnel SR8160.10 from $260,000. to $261,000.
Increase from Unexpended Balance.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
The following was offered upon motion by Councilman Goodman; seconded by Councilman Schuderer:
RESOLUTION NO. 100/2007 FISCAL VOUCHERS
RESOLVED THAT the Town Board of the Town of Marcy does hereby authorize and direct payment of the following bills; said vouchers having been duly audited by the Town Board:
General A 641 – 642 Prepay + 643 – 688 Totaling: $35,580.81
Highway DA 535 – 536 Prepay + 537 – 570 Totaling: $32,960.94
SpecDistLting SL 67 – 71 Prepay + 72 Totaling: $ 2,269.92
Sanitation SR 118 – 119 Prepay + 120 – 125 Totaling: $19,590.24
SanSewGen SS 265 – 267 Prepay + 268 – 282 Totaling: $13,582.76
SanWatGen SW 16 Prepay Totaling: $ 375.00
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
Councilwoman Gregory commented that Pat Clark provided his interest in reappointment. No other letters of interest have been received as yet. Appointments will be made at the January 10, 2008 Town Board meeting.
Councilwoman Gregory inquired about the SUNY-IT letter requesting snow removal. Superintendent of Highways VanHatten has spoken with SUNY representative Carson
Regular Town Board Meeting 12/27/2007 Page 9
Sorrell. Attorney Schmitt commented that agreement should be drawn. Mr. VanHatten advised that there are 16 miles of roads on the SUNY property; it would take an extra man / truck; fuel costs are expensive.
Attorney Schmitt will review the use of town vehicles and will respond to Councilwoman Gregory’s questions in writing. Supervisor Scala advised that his memo was in response to a call from a resident.
Relating to the Walking Meadows Detention area, Councilman Goodman will contact Al Swierczek. Supervisor Scala will send Mr. Swierczek another letter.
Councilman Goodman brought forth the independent truckers and the NYS bridge on State Rte. 291. Councilman Goodman will contact the resident who brought this issue to the Town Board.
Councilman Candella reported that Public Works Administrator Russell is compiling the I & I numbers.
Attorney Schmitt reported that he has advised the Westmoreland Company what is needed in order to dedicate Candella Express Drive. All paperwork should be in place by the second week in January.
Attorney Schmitt advised that there are a number of tax challenges.
Attorney Schmitt reported that Attorney Miga will be bringing an action in Court against Inman in order to bring her property in compliance. A joint application with the town and the county will be made.
Public Works Administrator reported that most of the non-profit occupancies have been inspected. A fee schedule is being developed. Information from other municipalities has been obtained.
Relating to the Inman issue, County Legislator Flisnik reported that the County is going to the Supreme Court. A listing of Board meetings for County Legislators was provided. Legislator Flisnik commented that Oneida County is 6th from the bottom in County listing of taxes; however, Oneida County is the highest in sales tax.
Legislator Flisnik is suggesting reducing the number of committees that Oneida County legislators are on. Legislator Flisnik serves on six committees. Legislators receive $8,300.; some legislators receive a health benefit. Legislator Flisnik supports reducing the number of legislators from 29 to 25.
The county e-bay site is run by Mello Testa. The Counties percentage of sales is 20%.
A number of problems relating to November’s election day were brought forth. Issues have been reported to Chairman of the Board of Legislators Mr. Fiorini and the Oneida County Board of Elections.
MOTION #088/2007 GENERAL MEETING TN BOARD EXECUTIVE SESSION
Page 10 Regular Town Board Meeting 12/27/2007
A motion was made at 8:00 P.M. by Councilman Candella to enter into Executive Session to discuss employment history of a particular person; seconded by Councilman Goodman. Attorney Schmitt and Public Works Administrator Russell were invited in.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
MOTION #089/2007 GENERAL MEETING TN BD CONCLUDE EXEC SESSION
A motion was made at 8:26 P.M. by Councilwoman Gregory to conclude the Executive Session and to reconvene the Regular Meeting; seconded by Councilman Schuderer.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
MOTION #090/2007 GENERAL MEETING TOWN BOARD ADJOURN
With nothing further to attend to, a motion to adjourn was offered at 8:27 P.M. by Councilman Goodman; seconded by Councilman Candella.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory Aye, Keith P. Schuderer Aye.
Respectfully submitted,
Francine Broccoli
Marcy Town Clerk
January 15, 2008
