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									At 6:00 PM on February 12, 2004, 9455 Toby Road, Marcy, New York, the Marcy Town Board
met to discuss the updating of the Employee Handbook and to review a Draft of the update.

The Regular Town Board Meeting followed at 7:00 PM.

Those Present: Supervisor Brian N. Scala; Council members: James P. Goodman, Kathleen A.
Gregory, Keith P. Schuderer
Absent: Councilman Ernest R. Murawski.
Other Town Officials Present: Town Clerk Francine Broccoli; Town Attorney Randal B.
Caldwell; Superintendent of Highways Patrick VanHatten; Public Works Administrator George
W. Russell; Zoning Board of Appeals member Carl A. Annese; Shumaker engineering
representative Karl E. Schrantz; County Legislator Richard A. Flisnik

Supervisor Scala called the meeting to order with the Pledge of Allegiance to the Flag.

A motion was offered by Councilman Goodman to dispense with the reading of the Regular
Town Board Meeting minutes of 01/29/2004; seconded by Councilman Schuderer.
Roll call vote:   Supervisor Brian N. Scala Aye. Council: James P. Goodman Aye;
          Kathleen A. Gregory Aye; Keith P. Schuderer Aye; Absent: Ernest R. Murawski.

Town Clerk Francine Broccoli submitted the following report of correspondence:
1. Leitz Enterprises, Inc. has been notified by Shumaker Engineering of the award of the
   Sewer and Water contracts.
2. Wright Risk Mangement representative Robert K. Blaisdell visited the Town and spoke
   with Town Clerk Francine Broccoli, Deputy Superintendent of Highways Kevin Monaghan,
   and Public Works Administrator George W. Russell. (Loss Control Specialist for NYMIR)
3. Dog Control Officer Gail Charboneau has been contacted by the Town of Deerfield and
   asked if she could cover Deerfield in the event their DCO is unavailable. Deerfield pays
   their DCO $10.00 @ hr. plus .36 per mile for mileage.
4. The following January departmental reports were received:
   ---Justice Court: Judge Shaw and Judge Buttenschon.
   ---Town Clerk: $172.42 remitted to various State/County agencies; $318.80 remitted to
   the Supervisor; Total disbursements: $491.22.
   ---Public Works Administrator: 4 Building Permits issued; $520.00 in building permit fees
   ---Sanitation: 75 Tons of recyclables picked up for a total savings of $5,981.25.
5. The following checks have been received:
   ---Oneida County: $24,549.45 and $16,902.90 – Snow Control for Nov/Dec 2003 and Jan.
   ---Oneida County: $2,168.26 – WalMart Pilot Program.
   ---State Farm Mutual Insurance Company: $1,800.00 – Adsit, property damage.
   ---CAP Scrap Metal: $120.50 and $188.50 – scrap metal.
6. Certificate of Designation has been forwarded to the Association of Towns.
7. The annual “National Distance Running Hall of Fame Race” will take place on Sunday May
   23, 2004 beginning at 8AM. The Half Marathon race starts near PJ Green and runs along
   the bike path adjacent to the Erie/Barge Canal out to Route 291. Runners will proceed
   down St. Rte. 291 to Main Street then turn onto Mohawk Street and then back on the Bike
Page 2   Regular Town Board Meeting        02/12/2004

8. Mid-York Library System Bookmobile Schedule for March and April 2004 has been
9. Village of Remsen joined other organizations and communities supporting the Collateral
    Source Bill.
10. The Town has received the Mohawk Valley Water Authority’s Comprehensive Annual
    Financial Report for the fiscal year ending March 31, 2003.
11. Presidential Primary Day will be held on March 2nd from Noon to 9 PM. Inspector notices
    were mailed on this date.
12. On February 9, 2004, an Official Statement and Notice of Sale for $1,500,000. Public
    Improvement (Serial) Bonds, 2004. was mailed to certain firms and corporations. One copy
    of said Notice of Sale and Official Statement.

Fuligni-Fragola representatives Richard Lafferty and David Bonacci next discussed the new
municipal building. Samples of shades and materials for the interior and exterior of the building
were presented and left for review. Councilman Goodman inquired if the color combinations
could be put on a plan to give a better visual view. This will be done. It was mentioned that the
questions and issues brought forth by Public Works Administrator Russell have been corrected
or are in the process of being corrected. There was discussion on damp proofing and water
proofing and the additional charges relating to same. Damp proofing would be $7,000. and
water proofing would be $12,000.00. Public Works Administrator Russell commented that
another test pit will be done in April or May. According to Mr. Lafferty, certain items were
eliminated due to economic concerns and Fuligni-Fragola went by the engineering report from
the Soils Engineer. It was also mentioned that Clerk of the Works Mancini is observing the
construction of the building. Councilman Goodman commented that an inside drain tile is
needed in case the outside pipe fails and that all precautions should be taken to ensure the
basement is dry. Councilman Schuderer also commented that the Town needs to ensure there is
no water problem in the basement. Councilwoman Gregory inquired if all information could be
copied to all members of the Town Board. Mr. Bonacci responded that future information
would be given to the Town Clerk and the Town Clerk would copy and distribute it. The date
for completion has been extended. Mr. Lafferty advised that none of the contractors have a
problem with the August date. It was mentioned that the partition which divides the meeting
room has an eighteen week delivery time. It was decided to have Fuligni-Fragola
representatives meet with the Town Board at 6:30 PM on March 11th. The Regular Town
Board Meeting will follow.

Planning Board Chairman Robert Lambe has written a Memorandum to the Town Board and
other Town Officials relating to the possibility of construction of a “Boulevard” style road for
the main entrance into the proposed Buckland Estates project (off of Cavanaugh and Hayes
Roads). Developer Michael Buck was in attendance at tonight’s meeting. Two questions that
the Town Board was requested to consider by Chairman Lambe were: Will the Town Board
have any reservations accepting such a road if and when it is offered for dedication? and Are
there any other criteria or issues that the Town board would place on this as a condition of
accepting it? Mr. Buck commented that he will do whatever the Town wants done.
Superintendent of Highways VanHatten noted that he has no problem with this type of entrance.
Councilman Goodman commented that he has questions and the Town Board should meet with
Chairman Lambe. Councilwoman Gregory inquired if any previous developer wanted a
“Boulevard” type entrance and was turned down. Mr. Buck commented that he needs a decision
tonight in order to meet with his engineer tomorrow. Mr. Buck noted that he has to take the
                                Regular Town Board Meeting        02/12/2004       Page 3

final plans to the 03/01/04 Planning Board meeting. Town Attorney Caldwell advised that
according to the Marcy Zoning Ordinance there must be two entrances if there are more than 19
lots proposed for a subdivision. Therefore, it does not conform to the Ordinance and the Town
Board could make this decision. The entrance/exit onto Cavanaugh Road has concerns which
were noted by Oneida County Department of Public Works as well as various residents. It was
decided to meet with Planning Board Chairman Lambe next week. Mr. Buck will be advised.

Relating to the Decker application, Town Attorney Caldwell advised that the Town Board could
change zoning in an area upon its’ own motion or by petition by an applicant. Mr. and Mrs.
Decker have applied for a Use Variance to continue using the property for repairs of his own
trucks and trailers. The property is zoned R-20. According to Mr. Decker the neighbors have
no problem with the use of the property and his next door neighbor is a convenience store.
(corner of St.Rte.291 and St.Rte.365). Zoning Board of Appeals member Carl Annese
explained that a joint Special Meeting was held on February 9th in order to hold a Joint Public
Hearing for this application. Mr. Annese further explained that none of the criteria as presented
was met and this application should have been first to the Zoning Board for a variance and then
to the Planning Board. Town Attorney Caldwell noted that it is difficult to meet the criteria for
use variances. Mr. Annese suggested that Mr. Decker obtain the services of an Attorney who
will compile the information needed to justify a Use Variance. Mr. Annese explained what
criteria should be met. Mr. Decker should then return to the Zoning Board.

Mark Kondzielawa next approached the Town Board commenting that he is interested in the
Parks Director position when an appointment for same comes up and that is why he submitted
his letter of interest and resume. It was mentioned that this appointment has been carried over
each year. Mr. Kondzielawa was asked how available he is during the summer months. Mr.
Kondzielawa responded that he is out at 3:30 PM and thinks that he could make some changes
at the Park – clean it up, etc. Councilman Goodman inquired if Park Director Barbara Felice
has submitted a letter. It was explained that this position is carried over from year to year.
Councilman Goodman commented that the position should be advertised, interviews should be
given, notice should be in the Marcy Matters newsletter. Councilwoman Gregory commented
that programs for the winter and summer had been discussed. Supervisor Scala mentioned that
maintenance of buildings, a wading pool, a kitchen and bathrooms in the Pavilion have been
discussed. Town Attorney Caldwell commented that some towns have a Youth Director. A
meeting will be set with Ms. Felice and Councilpersons Goodman and Gregory who are on the
Parks Committee. Contact will also be made with Mr. Cleveland.

Councilwoman Gregory noted that she had spoken with Robert J. Freeman, Executive Director,
Committee on Open Government. It was found that if three members of the Town Board are on
a Committee and have a meeting and two of the three members attend, then the meeting is
subject to the Open Meetings Law. The meeting date, time, purpose, should be posted and an
effort should be made to notify the Observer Dispatch.

County Legislator Richard A. Flisnik next reported upon the activities of the County legislators
since the last Town Board meeting. Sixteen Resolutions were adopted; a State Grant of
$95,000.00 to maintain Snowmobile trails was received; the County has dedicated over $5
million dollars to the rebuilding of Union Station – Congressman Sherwood Boehlert has
secured $12.8 million dollars in federal funds. It was also mentioned that the BRAC (Base
Realignment and Closure) Commission has reconvened. Since 1988 ninety seven major bases
Page 4     Regular Town Board Meeting         02/12/2004

have either closed or been realigned. Information in this regard was presented. Thus far, there
have been 12 smoking waivers given, 12 establishments have been denied, and 25 applications
are pending. There will be an EDGE briefing on February 24th at 5:00 PM in Rome. Legislator
Flisnik offered to bring any special issues from Marcy to be addressed. The County DPW will
begin reconstruction of the Ritchie Road Bridge in the summer of 2004. The 2003 Oneida
County Teen Assessment Project Survey was presented. This survey focused on Teen concerns
and behaviors relating to smoking, drinking, drug use, and sexuality. A comparison to 1999
Data is also given. Upon request from Councilwoman Gregory, this information was provided
and will be returned to Legislator Flisnik. (Returned 02/23/2004)

Supervisor Scala commented upon the recently received Official Statement and Notice of Bond
Sale ($1,500,000. Public Improvement (Serial) Bonds, 2004). The rating report was received on
this date – rating of “A” by Standard & Poor. A clearer debt schedule will be compiled showing
the outstanding debt of the town, the original amount, principal and interest payments by year
and the months payments are paid.
Employees of Town of Marcy have requested direct deposit into Savings Bank of Utica. The
payroll check can be direct deposited into a checking account or a savings account. A form to
be signed by the employee wanting this service needs to be developed by the Town.
It was also mentioned that the 1992 Serial Bonds will be refinanced this year (Bonds are
‘Callable” after 2003.) and BHHP and the Fiscal Advisors will work with the Supervisor on this.

Due to the addition of an additional project funded under the Multi-Modal 2000 Program
(MS2160.30 B for $33,882.97), the following was offered by Councilman Schuderer; seconded
by Councilman Goodman:
                                         NYS MULTI-MODAL SUPP. AGREEMENT #2
RESOLVED TO include additional project funded under the Multi-Modal 2000 Program to
include the following:
Project Title: Paving & Drainage on Cedar Avenue, Dorothy Drive, Birch Circle & Hayes Road
MM2000 PIN#: MS2160.30B
Maximum MM2000 Reimbursement: $33,882.97
Master Municipal MM2000 OSC Contract #: D018043
Municipal Contact: Highway Superintendent Patrick VanHatten
                     Town of Marcy, 9455 Toby Road, Marcy, NY 13403
Project Location: Route/Name: 1) Cedar Ave.          2) Dorothy Drive
Project Description/Scope: Reconstruction/resurfacing of Cedar Avenue and Dorothy Drive
Project Schedule Beginning Date: 04/03 Project Ending Date: 10/03
Project Cost Summary: State MM 2000 Funding-$33,882.97 Local Funding-$0
Eligible Project Type: Highway Reconstruction
Signature of responsible Local Official: Supervisor Brian N. Scala 02/12/2004
Roll call vote:   Supervisor Brian N. Scala Aye. Council: James P. Goodman Aye;
          Kathleen A. Gregory Aye; Keith P. Schuderer Aye; Absent: Ernest R. Murawski

Zoning Board of Appeals member Carl A. Annese next presented his ZBA report. There was a
Special Meeting held with the Planning Board and the Zoning Board of Appeals on the Decker
application. At the Regular meeting of the Zoning Board of Appeals the application of Mr.
Celia was discussed. Mr. Celia wants an interpretation from the Zoning Board regarding the
front of the property. Mr. Celia needs an area variance if the front of the property is facing
                                    Regular Town Board Meeting         02/12/2004     Page 5

Victoria Lane (private road). The front door faces Victoria Lane. Town Attorney Caldwell
advised that the town could require a survey of the property showing the house on the property.
Public Works Administrator George W. Russell explained that the proper setbacks were shown
on the plan; there have been two permits issued this past year which showed the proper
setbacks but were not accurate; possibly the town should require a survey. Councilman
Goodman commented that the house could be moved once the permit is received. Councilman
Goodman further commented that the Town should have a system in place to go out and survey
the property before footings are poured. Mr. Annese commented that possibly measurements
should be taken once the footings are in. Town Attorney Caldwell commented that possibly
building permit fees should be increased to pay for services from the engineer. Mr. Russell will
speak with town engineer Alan Swierczek.

The following Resolution was offered upon motion by Councilman Goodman; seconded by
Councilman Schuderer:
RESOLUTION NO. 019/2004                 UTILITY           UNDERGROUND EASEMENT
RESOLVED TO enter into an agreement with Niagara Mohawk Power Corporation in
substantially the following form:
                               UNDERGROUND EASEMENT
THIS INDENTURE made the 12th day of February, 2004, by and between the Town of Marcy
of Toby Road, Marcy, NY 13403 hereinafter called the “Grantor”, and Niagara Mohawk Power
Corporation, having its principal office at 200 Eric Boulevard West, Syracuse, New York; and
Verizon New York Inc., having its principal office at 1095 Avenue of the Americas, New York,
NY, public service corporations of the State of New York, hereinafter referred to as the
That the Grantor, in consideration of One Dollar ($1.00) and other valuable consideration paid
by the Company, the receipt whereof is hereby acknowledged, has granted and released to the
Company, their successors and assigns a permanent right-of-way and easement to build, rebuild,
relocate operate, repair, maintain, renew, and at their pleasure remove underground street
lighting, electric, gas, communication systems including cables, conduit, wires, pedestals,
closures, handholes, transformers, gas pipe and pipelines and such other appurtenant or
supporting apparatus, structures or markers as the Company, or such assignees as the Company
may mutually elect, may now or shall from time to time hereafter deem necessary for the
transmission and distribution of electricity and gas and the rendition of communication service
upon, aboveground, under, through, and across strips of land 10 feet in width, 190+/- feet in
length owned by the Grantor; being a part of Tax Map No. 277.000-1-59.3 of the Town of
Marcy, County of Oneida, located within the bounds of or adjacent to NYS Route 291 on the
easterly side thereof and extending from the lands of Paul Becker Road on the south.
It being the understanding of the parties that the permanent right-or-way and easement above
described and herein conveyed is intended to prohibit the longitudinal or parallel occupancy of
the said easement strip, without the prior written consent of the Company; but it is not intended
to prohibit crossings of the said easement strip so long as said crossings do not damage or
interfere with the operations and maintenance of the deemed to be and shall be a continuing
covenant running with the land and shall inure to and be binding upon the successors, heirs and
assigns of the Grantor. The Grantor covenants and agrees that the Grantee shall quietly enjoy
the permanent right-of-way and easement and that the Grantor will warrant title to said right-of-
way and easement.
Town of Marcy Brian N. Scala, Town Supervisor
Page 6    Regular Town Board Meeting        02/12/2004

Roll call vote:   Supervisor Brian N. Scala Aye. Council: James P. Goodman Aye;
          Kathleen A. Gregory Aye; Keith P. Schuderer Aye; Absent: Ernest R. Murawski

The following was offered upon motion by Councilman Goodman; seconded by Councilwoman
MOTION #023/2004                GENERAL           GARAGE SALE DATES
RESOLVED TO approve the Spring and Fall 2004 Town-wide garage sales dates of
May 15 and May 16, 2004 and September 18 and September 19, 2004.
Roll call vote:   Supervisor Brian N. Scala Aye. Council: James P. Goodman Aye;
          Kathleen A. Gregory Aye; Keith P. Schuderer Aye; Absent: Ernest R. Murawski

Councilman Goodman commented that information relating to an Agenda item should not be
received by the Board on the same night as the Board Meeting. Councilman Goodman
suggested that a deadline for information to be submitted to the Town Board should be set –
maybe the Friday before the meeting. (if a decision needs to be made at the Board meeting)

02/02/2004 memo from the Town Clerk concerning payment by voucher and payment by
payroll will be on the next Agenda.

Councilwoman Gregory asked when Marcy Matters would be coming out and suggested that a
schedule of the times and dates for the newsletter should be set. This will be on the next

Councilwoman Gregory who will be attending the Association of Towns Conference in New
York City inquired if there were any opinions concerning the Resolutions to be voted upon at
the Business Meeting. Town Attorney Caldwell mentioned one Resolution advising that various
cities/towns/villages who have passed a Resolution relating to the Collateral Bill have done so
to show support for the bill.

A meeting was set for February 24th at 6:00 PM at the Municipal Building to discuss the
updating of the Employee Handbook.

Shumaker engineering representative Karl E. Schrantz advised that contracts are being finalized
and within the next two weeks sewer/water work will begin on Paul Becker Road. The
extension of sewer on Church Road will take place in June and July.


Hayes Road resident Erin Santa Maria commented that her home is located right next to the
proposed entrance to Buckland Subdivision. Mrs. Santa Maria explained that she has lived
there for 40 years and advised the Town Board of the natural flow of water in that area. After
the Town built up the road three feet her cellar became damp; her son tried to correct the water
problem, a Weeping Willow tree was also planted. Mrs. Santa Maria is concerned with the
amount of grading that Mr. Buck will be doing and the location of the model home that is
proposed. Mrs. Santa Maria explained that the excavation is going to cause a water problem for
her and inquired if the Town could put in rip rap. Supervisor Scala commented that the
Planning Board would have to ensure that the water flows properly. The Town Board will be
meeting with Planning Board Chairman Lambe and will ask him. Mrs. Santa Maria informed
                                  Regular Town Board Meeting 02/12/2004          Page 7

the Town Board that the culvert on Hayes Road is right where the road is proposed. Highway
Superintendent VanHatten commented that the subdivision will have closed drainage ditches.
Public Works Administrator Russell will speak with Engineer Alan Swierczek. It was also
mentioned that the area fills up with alot of debris. Resident Tara Potempa expressed her
concern with a model home to be constructed at the front of the property. The Planning Board
will be advised of Mrs. Santa Maria and Ms. Potempa’s concerns.

The Town Board entered into Executive Session at 9:45 PM to discuss pending litigation
concerning WalMart. Town Attorney Caldwell was invited in.
Roll call vote:   Supervisor Brian N. Scala Aye. Council: James P. Goodman Aye;
          Kathleen A. Gregory Aye; Keith P. Schuderer Aye; Absent: Ernest R. Murawski

The Regular Meeting was called back to order at 9:55 PM.

With nothing further to attend to, a motion to adjourn was offered at 9:55 PM by Councilwoman
Gregory; seconded by Councilman Goodman.
Roll call vote:   Supervisor Brian N. Scala Aye. Council: James P. Goodman Aye;
          Kathleen A. Gregory Aye; Keith P. Schuderer Aye; Absent: Ernest R. Murawski

Respectfully submitted,

Francine Broccoli
Marcy Town Clerk
February 24, 2004

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