Town Of Marcy
Oneida County
Minutes
Minutes of a Public Hearing and Regular Town Board Meeting held on December 18, 2008, beginning at 6:55 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-Salvo
ABSENT
Councilman Keith P. Schuderer
OTHER TOWN OFFICIALS PRESENT
Town Clerk Francine Broccoli; Deputy Clerk JoAnn W. Price; Attorney William P. Schmitt; Public Works Administrator Timothy Russell; Zoning Board of Appeals Chairman Carson E. Sorrell; Parks, Recreation, Cultural Director Patrick M. Clark; Planning Board member Carl A. Annese; County Legislator Richard A. Flisnik
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 2009 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 which was published in the Observer Dispatch on December 1, 2008. See text of Notice in the Town Board meeting minutes of November 20, 2008. It was also noted that the State Comptroller was notified of this Public Hearing which pertains to the 2009 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 improvements was then opened for any public comment.
No one appearing to provide public comment, the following was offered:
MOTION #103/2008 GENERAL MEETING PUBLIC HEARING ADJOURN
The Public Hearing was declared closed at 6:56 P.M. upon motion by Councilman Candella; seconded by Councilwoman Gregory-Salvo.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye; Keith P. Schuderer Absent.
The Regular Meeting of the Marcy Town Board opened at 7:00 P.M. with the Pledge of Allegiance to the Flag. A moment of silence was held for former employee Jerry Lines. Supervisor Scala mentioned that Jerry was on the Marcy Planning Board from 1980 to 1985, worked as a part time laborer and then with the Highway department from 1982 to 1997, and then appointed as a member of the Marcy Planning Board from 1998 to 2006.
MOTION #104/2008 GENERAL MINUTES TOWN BOARD ACCEPT
A motion was offered by Councilman Goodman to accept the minutes of 11/20/2008; seconded by Councilwoman Gregory-Salvo.
Page 2 Regular Town Board Meeting 12/18/2008
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye; Keith P. Schuderer Absent.
Town Clerk Francine Broccoli presented the following report of correspondence:
1. The following November departmental reports received:
--Court: Judge David W. Kozyra-$7,975.00; Judge Donald D. Buttenschon-$9,795.00.
--Town Clerk: $210.82 remitted to State/County agencies; $1,159.67 remitted to the Supervisor; Total disbursements: $1,370.49.
--Public Works Administrator: 10 permits issued; $765.00 in building fees collected; $150.00 in fire/property maintenance fee collected.
--Sanitation: 102.3 tons of recyclables picked up for a total savings of $7,380.95.
2. Thomas S. Pianella has submitted his name for consideration of appointment to the Planning Board.
3. Energy Efficiencies and Alternatives training day will be held at the Boonville Municipal Building on Tuesday January 20th from 1:00 PM to 4:30 PM. No pre-registration nor fee to attend.
4. The following checks have been received:
---Cap Scrap Metal: $176.80.
---Stittville Fire District: Fuel, $89.03.
---Maynard Fire District: Fuel, $549.68 and $297.30.
---New York State: CHIPS, $69,881.87 (vs. budgeted amount for 2008 of $58,000.)
5. Local Law No. 3, 2008, Establishment of Environmental Education Account, was filed with the Department of State on November 14, 2008.
6. Decision received on Small Claims Assessment Review for Gassner, 279.001-2-34. No change in assessment.
7. Decisions received from NYS Department of Transportation on speed studies for section of State Rte. 291 and Railroad Street. A Notice of Order to establish a 35 mph linear speed limit from .07 mile south of Main Street, at the intersection of Railroad Street and State Rte. 291, for a total length of 1.0 mile. The need for a reduced speed limit for Railroad Street was not met.
8. Letter received from 2nd grader Katie Rose Wynn to the Town Board suggesting that a coloring contest for recycling and energy saving be conducted ‘for kids like me’. Letter copied to the Town Board.
9. Publication entitled ‘The Stittville Quilt’ has been published by Historian Raymond F. Ball. Publication may be purchased for $20.00 at the Town Clerk’s office.
Zoning Board of Appeals Chairman Carson E. Sorrell presented his report on the activities of the Zoning Board. It was also mentioned that members of the Zoning Board attended the Planning Board meeting on Monday night. A number of amendments to the Zoning Ordinance have been suggested. Planning Board members will add their suggestions for amendments as well. The Town Board will be presented with suggested amendments next year. Mr. Sorrell is a member of the Oneida County Sewer District
Regular Town Board Meeting 12/18/2008 Page 3
Steering Committee. The annual progress report was received on this date and comments regarding same should be submitted by December 22nd. It was mentioned that although the town of Marcy does not discharge to the Sauquoit Creek Pump Station which then discharges to the Mohawk River excess inflow and infiltration is being monitored within Marcy. The Sauquoit Creek Pump Station is now 20 million gallons in excess discharge. Legal and illegal discharges are being addressed. Leaky manholes, sewer laterals, sanitary sewer system, private property foundation drains, need to be addressed. The February 2007 consent order issued by the New York State Department of Environmental Conservation states that in order to add one gallon of discharge to the system five gallons of discharge needs to be removed. This applies to any new home, business or construction. All corrections must be completed by October, 2014. There are 12 communities involved. Engineering firms are working on collection of flow data, manhole inspections, sewer inspections. Mr. Sorrell commented that 50% of the inflow/infiltration problems may be occurring on private property. Aged infrastructure creates a lot of the problem. For further information visit the website OCGOV.net which has a link to Sanitary Sewer Overflow (SSO) Abatement. The Draft report will be on the town website. It was also mentioned that Mr. Sorrell attended an Office of General Services meeting with Supervisor Scala.
Planning Board member Carl A. Annese reported that the Planning Board does not have any open projects right now. Supervisor Scala mentioned that there will be a joint meeting of the members of the Town Board, the Planning Board and the Zoning Board of Appeals to discuss the proposed Master Plan. There was brief discussion that the Planning Board needs two new appointments – one member to replace Pamela Gomez and the other to replace Gordon Hathaway. Zoning Board Chairman Sorrell commented that if Frank Pinnisi is appointed to the Planning Board he would have a lot to offer. If this appointment takes place then there would be one vacancy on the Planning Board and one vacancy on the Zoning Board of Appeals.
Parks, Recreation and Cultural Director Patrick M. Clark next presented his report of activities. Program and registration information may be viewed on the townofmarcy.org site. Information will be in the next issue of Marcy Matters. A Holiday Celebration was held this past Saturday. Director Clark would like to continue this event each year. Appreciation was extended for the plowing of the parking lot. The Town Board was thanked for all their support this past year. Mr. Clark will respond to 2nd grader Katie Rose Wynn.
County Legislator Richard A. Flisnik mentioned that Supervisor Scala attended a meeting of county legislators on November 26th. The legislators were appreciative of the energy information. Legislator Flisnik brought forth that there should be consideration in changing the name of SUNYIT to SUNY Marcy. 800 acres of college property are in Marcy. It was also mentioned that Governor Paterson’s proposals will affect Counties and Towns. The Governor has proposed delaying implementation of the Mental Health
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Facility in Marcy for about three years. Legislator Flisnik will be Chairman of the Public Safety Committee beginning 01/01/2009.
Timothy F. Dunn, Vice President, Marketing and Business Development, next addressed the Town Board. A packet of information relating to Marcy NanoCenter was distributed to those in attendance. If a NanoCenter is developed, it would bring in 1100 direct jobs plus 5500 indirect jobs. There would be a return on the investment within the first year. The average salary would be $40,000. Mr. Dunn commented that additional information may be obtained by going to MVEDGE.Org or marcynanocenter.com. Mr. Dunn was thanked for his attendance at tonight’s meeting.
Supervisor Scala commented that the town was supposed to be in compliance according to the New York State Department of Conservation by January 2008. The Town Board will speak with the Planning Board on January 15th.
The following was offered upon motion by Councilwoman Gregory-Salvo; seconded by Councilman Goodman:
RESOLUTION NO. 098/2008 TAXATION/ASSESSMENTS NYS CAPITAL
NOTICE OF ADOPTION
LEGAL NOTICE
TOWN OF MARCY
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 18, 2008, 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 Section 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 year 2009 –
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.
The capital assessment for the Marcy Sewer Improvement, on the Marcy State Hospital lands, is $262,443.15.
The capital assessment for the Marcy Sewer Improvement, on the University lands, is $114,615.16.
The capital assessment for the Marcy Sewer Improvement, on the Barge Canal Properties, is $11,475.30.
Regular Town Board Meeting 12/18/2008 Page 5
The capital assessment for the Marcy Sewer Improvement, on the NYS Department of Corrections lands, is $96,324.53.
The capital assessment for the Marcy Water Improvement, on the Marcy State Hospital lands, is $42,549.06.
The capital assessment for the Marcy Water Improvement, on the University lands, is $18,582.19.
The capital assessment for the Marcy Water Improvement, on the Barge Canal Properties, is $1,860.45.
The capital assessment for the Marcy Water Improvement, on the NYS Department of Corrections lands, is $15,616.78.
These assessments are authorized by Sections 404 and 490 of the Real Property Tax Law and applicable sections of the Town Law.
By Order of the Town Board of the Town of Marcy
Francine Broccoli, Marcy Town Clerk
Dated: 12/18/2008
OD: 01/05/2009
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye; Keith P. Schuderer Absent.
Public Comment. None.
The following was approved upon motion by Councilman Goodman; seconded by Councilman Candella:
MOTION #105/2008 GENERAL MARCY MATTERS
Councilman Goodman offered the following dates for deadlines and publication for the Marcy Matters newsletter for 2009; seconded by Councilman Candella:
Spring 2009 Issue: Deadline for Content-Feb.4 Publication date-week of March 9
Summer 2009 Issue: Deadline for Content-Apr.21 Publication date-week of May 25
Fall 2009 Issue: Deadline for Content-Aug.3 Publication date-week of September7
Winter 2009-10 Issue: Deadline for Content-Oct.26 Publication date-week of December1
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye; Keith P. Schuderer Absent.
The following was approved upon motion by Councilman Goodman; seconded by Councilman Candella:
RESOLUTION NO. 099/2008 GENERAL REGULAR TOWN BOARD MEETINGS
YEAR 2009
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 2009:
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Thursday, January 08
Thursday, January 15 (6:30 P.M.) Thursday, July 23
Thursday, January 29 Thursday, August 27
Thursday, February 26 Thursday, September 24
Thursday, March 26 Thursday, October 08
Thursday, April 23 Thursday, October 29
Thursday, May 21 Thursday, November 19
Thursday, June 25 Thursday, December 17
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: 12/18/2008
OD: 01/05/2009
Rome Sentinel: 01/05/2008
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
MOTION #106/2008 FISCAL SUPERVISOR INCOME/EXPENSE REPORT
Supervisor Scala presented the November 2008 report of income and expenses. Said information was read, is on file, and was accepted upon motion by Councilman Candella; seconded by Councilwoman Gregory-Salvo.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
The following Budget Transfers were authorized upon motion by Councilwoman Gregory-Salvo; seconded by Goodman:
To: General A1010.40 General Town Board Contractual + $ 250.
General A1110.40 General Court Contractual + $ 680.
General A1220.40 General Supervisor Contractual + $1,350.
General A1620.46 General Consultants + $1,380.
Total: $3,660.
From: General A1990.40 Contingency - $3,660.
To: General A7140.40 General Recreation Contractual + $5,400.
From: General A7020.40 General Rec. Adm. Contractual - $4,500.
From: General A6989.40 General Economic Develop. Cont. - $ 900.
To: Special District Lighting SL5182.44 River Road + $ 260.
From: General A1990.40 Contingency - $ 260.
Regular Town Board Meeting 12/18/2008 Page 7
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
Supervisor Scala advised that Karl Schrantz, P.E., has sent a letter to a resident regarding location of pump station (for Mallory Road sewer expansion). Said letter will be copied to the Board members and to Public Works Administrator Russell.
Supervisor Scala mentioned that a number of memos had been sent to the Board members regarding various choices for health insurance. A comparison of four other health insurance plans to the present health plan coverage was presented. It was decided to remain with the present medical coverage. Letters advising of the new rates will be forwarded to all retirees, elected and employees who have health coverage through the town. The following was offered upon motion by Councilman Candella; seconded by Councilwoman Gregory-Salvo:
RESOLUTION NO. 101/2008 INSURANCE 2009 HEALTH PLAN
RESOLVED TO continue with Blue Cross Healthy Choice Option B coverage for the health insurance plan for the Town of Marcy.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
The following was offered upon motion by Councilman Goodman; seconded by Councilman Candella:
RESOLUTION NO. 102/2008 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 629 – 635 Prepay + 636 – 683 Totaling: $ 60,128.30
Highway DA 468 – 470 Prepay + 471 – 504 Totaling: $ 23,911.95
SpecDistLting SL 65 – 69 Prepay + 70 Totaling: $ 2,037.55
Sanitation SR 126 – 127 Prepay + 128 – 134 Totaling: $ 19,204.94
SanSewGen SS 281 – 285 Prepay + 286 - 299 Totaling: $ 10,010.18
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
Upon recommendation of Tax Collector Gina M. Schillaci, the following was offered upon motion by Councilman Goodman; seconded by Councilwoman Gregory-Salvo:
RESOLUTION NO. 103/2008 TAXATION/ASSESSMENT TAX NOTICE FEE
RESOLVED THAT the fee for the delinquent tax notices pursuant to Section 987 of the Real Property Tax Law remain at $2.00 for 2009.
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Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
The following was offered upon recommendation of Tax Collector Schillaci by Councilwoman Gregory-Salvo; seconded by Councilman Goodman:
RESOLUTION NO. 104/2008 TAXATION/ASSESSMENT PENALTIES
RESOLVED THAT penalties remain at 1% if tax payment in full is received between February 1, 2009 through February 28, 2009; and penalty remain at 1.5% if payment in full is received between March 1, 2009 through March 31, 2009.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
The following was offered by Councilwoman Gregory-Salvo; seconded by Councilman Goodman:
RESOLUTION NO. 105/2008 FISCAL RETURN CHECK FEE
RESOLVED THAT the return check fee remain at $20.00.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
Upon recommendation of Tax Collector Schillaci, the following was offered by Councilman Goodman; seconded by Councilman Candella:
MOTION #107/2008 GENERAL APPOINTMENT
DEPUTY TAX COLLECTOR
RESOLVED TO appoint Bernadette M. Scharbach as Deputy Tax Collector; to be paid by payroll as needed with tax deductions; with a maximum compensation of $3,000. for 2009 as allowed in the 2009 budget.
Term of Office: 01/01/2009 to 12/31/2009.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
The Highway Superintendent is not in attendance at tonight’s meeting; therefore, a comparison of the gallons of fuel used by the town highway department for 2007 vs. 2008 will be on the next Agenda.
Parks Director Pat Clark has met with representatives from McDonald & Monterose at the Municipal Pool and discussed services to be performed for the Town of Marcy. Supervisor Scala inquired if there is further damage since the Pool has not been used the last few years. Director Clark responded – no, aside from the building which is one of the issues that needs to be addressed. The Town Board previously approved the costs for
Regular Town Board Meeting 12/18/2008 Page 9
the first phase. (on September 25, 2008) The following was then offered upon motion by Councilman Goodman; seconded by Councilman Candella:
RESOLUTION NO. 106/2008 GENERAL MUNICIPAL POOL
AUTHORIZE TO SIGN AGREEMENT
RESOLVED TO give authorization to Supervisor Scala to sign the agreement with McDonald & Monterose; the first phase will cover only the Report Study Phase; the Town Board will determine if the project should go forth after the Report Study Phase has been completed and reviewed.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
Councilwoman Gregory-Salvo reported that she had advised resident Bill Blust to list items/supplies needed for the area around the signs entering/exiting the Hamlet of Stittville. Items anticipated to be needed are a bag of mulch, a few bushes, etc.
Councilman Goodman inquired if Frank Pinnisi could be appointed to the Planning Board subject to his submittal of a resignation letter from the Zoning Board of Appeals. It was the consensus to put this appointment on the next Agenda.
The following was offered by Councilman Candella; seconded by Councilman Goodman:
RESOLUTION NO. 107/2008 PUBLIC PROPERTY ROAD DEDICATION
CANDELLA EXPRESS DRIVE
WHEREAS, on September 26, 2005 the Town of Marcy Planning Board approved applications for a Minor, two (2) Lot Subdivision, and for Site Plan Review regarding property located off Mohawk Street and Scharbach Drive submitted and/or owned by the Westmoreland Company, Inc. and/or Michael Candella along a proposed roadway known as Candella Express Drive; and
WHEREAS, the Town has been requested by Westmoreland Company, Inc. (the “applicant”) to accept for dedication the roadway known as Candella Express Drive and adjacent rights of way in connection therewith, the following has been submitted:
1. Approval from the Town Highway Superintendent, Patrick VanHatten and Alan M. Swierczek, P.E., Consulting Engineer, confirming that the road pavement, sanitary sewers, water distribution system and drainage system have all been constructed in substantial conformance with the approved subdivision plans, and they have therefore have no objection to their acceptance thereof for dedication by the Town Board; and
2. Title documentation including a preliminary title report, survey and supporting documents reflecting deed descriptions for the roadways and rights of way to be duly filed in the office of the Oneida County Clerk; and
WHEREAS, on the basis of the foregoing, William P. Schmitt, Esq., as attorney for the Town, has recommended acceptance of the roadways and facilities for dedication subject to the contingencies hereinafter set forth;
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NOW, THEREFORE, BE IT RESOLVED, THAT the road pavement, and adjacent rights of way commonly known as Candella Express Drive be and the same are hereby accepted by the Town of Marcy for dedication contingent upon the following:
(1) The issuance of a title insurance policy insuring the Town of Marcy has clear title to the roadway and adjacent rights of way with the premium paid by the applicant;
(2) The successful recording and/or filing of the deed(s) of conveyance, supporting documentation and survey and/or plan as approved by the Town Planning Board and the payment of all recording fees by the applicant Westmoreland Company, Inc.; and
(3) The purchase by the Town of Westmoreland Company, Inc. and placement by the Town of all signage required by the Superintendent of Highways.
Roll call vote: Supervisor Brian N. Scala Aye
Councilman Brendon M. Candella Aye
Councilman James P. Goodman Aye
Councilwoman Kathleen A. Gregory-Salvo Aye
Councilman Keith P. Schuderer Absent.
Public Works Administrator Russell reported that his office is working on the computer program and will be inputting sewer information as well as code information.
Mr. Russell advised that sewer employee Bruce Rahn is doing well. Mr. Rahn will be out of work for six to eight weeks.
MOTION #108/2008 GENERAL MEETING TOWN BOARD ADJOURN
With nothing further to attend to, a motion to adjourn was offered at 8:34 P.M. by Councilman Candella; seconded by Councilwoman Gregory-Salvo.
Roll call vote: Supervisor Brian N. Scala Aye; Council members: Brendon M. Candella Aye, James P. Goodman Aye, Kathleen A. Gregory-Salvo Aye, Keith P. Schuderer Absent.
Respectfully submitted,
Francine Broccoli
Marcy Town Clerk
December 31, 2008
