ANNUAL MEETING

The Annual Meeting of the Town Board of the Town of Clayton was held at the Town Offices with the following present:

Robert W. Cantwell Jr., George Kittle, Justin Taylor, Donald Turcotte , Bonnie Rose, Robert Boulton, Kathy LaClair, Henry LaClair (ZEO), Pat Patchen , Leslie Drake, Bud Baril, Larry Hickey             

Supervisor Cantwell opened meeting at 5:00 p.m.

Swearing in ceremony:

Justice Clarence F. Giles swore in Town Clerk Kathleen E. LaClair.

Town Clerk:

Town Clerk read letter from Association of Towns on 2007 Training School and Annual Meeting, February 18-21, 2007.

Motion by Bonnie Rose, 2^nd by Donald Turcotte to name Justin Taylor as the Voting Delegate and George Kittle as the alternate Voting Delegate at the 2007 Association of Towns training school.  Motion carried.

Town Clerk appointed Nicole Cornaire as Deputy Clerk.

Motion by Donald Turcotte, 2^nd by Justin Taylor for the following appointments:

            Registrar – Kathleen E. LaClair, Town Clerk

            Deputy Registrar – Nicole Cornaire, Deputy Clerk

            Budget Officer – Robert W. Cantwell Jr., Supervisor

            Zoning Officer – Henry LaClair

            Town Constable – Charlie Solar

            Depauville Sewer Operator – Robert Boulton

            Depauville Sewer Collector – Cornelia Schnauber

            Depauville Librarian – Connie Haver

            Fishery Board – None

Motion carried.

Motion was made by George Kittle, 2^nd by Bonnie Rose to appoint the following individuals to the Depauville Sewer Board – Cornelia Schnauber, Jasper Wilkie, Keitha Huchzermeier, Donald Seymour and William Udart.  Motion carried. 

            Motion was made by George Kittle, 2^nd by Bonnie Rose to appoint the following individuals to the Heritage Heights Sewer Board – Bill Dominy, Tom Turgeon, Joseph Kehoe, Theresa Christensen and Dennis Baldwin.  Motion carried.

Supervisor Cantwell Jr. indicated that we will hold the following until the January 10^th, 2007 meeting: Town Facility Rates:  Rec. Park, Opera House and Transfer Site fees.

Annual Resolutions:

RESOLUTION NO. 1 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor, a resolution to adopt “Roberts Rules of Order” as Town Meeting Rules.  Robert W. Cantwell Jr., aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 2 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor, to establish rates of pay for salaried and hourly employees, also stipulating all Town employees to be paid on a bi-weekly basis.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 3 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor for the following persons to be paid by voucher:

            Cornelia Schnauber – 14.00 per/hr. Depauville Sewer Collector

            Zoning Board members - $12.00 per mtg. (Chairman $15.00 per mtg.)

            Planning Board members - $12.00 per mtg. (Chairman $15.00 per mtg.)

            John Kehoe & Larry Aubertine _ $10.00 per/hr. Consultants (Planning & Zoning)

            Jay Slate - $9.00 per/hr. laborer

            Richard Heck - $1,460.00 per/yr. Mowing G.I. upper cemetery

            Manley Rusho - $50.00 per/yr. Mowing G.I. Civil War Cemetery

            Dan “Red” Robinson - $1,600.00 mowing mainland cemeteries

            Richard Matthews - $10.00 per/hr. mowing G.I. Schoolhouse

            Tim Ritter – P/T $13.50 per /hr. for field assessment.

Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye, and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 4 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor for Mileage rate for 2007 will be $.485 cents per mile for any Town Business, and to automatically default to the IRS rate and schedule at any time of change by them.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 5 OF 2007 offered by Bonnie Rose, 2^nd by Donald Justin Taylor for Supervisor to sign an agreement between the Village of Clayton and the Town of Clayton, a Library Service Agreement for the Hawn Memorial Library, the Town agreeing to pay Village of Clayton the sum of $8,000.00 on or about February 15, 2007.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye, and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 6 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor to comply with the requirements of the NYS Environmental Quality Review Act and the regulations promulgated there under (SEQR).  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 7 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor to adopt the Investment Policies & Guidelines of the Town of Clayton from 1989 and as revised in 1999.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 8 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor to adopt Key Bank, Community Bank, Redwood Bank and Citizens Bank of Cape Vincent as Town Banks, Supervisor to invest money’s in interest bearing accounts on a competitive basis.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 9 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor to establish 2 regular meetings per month of the Town Board of the Town of Clayton, 2^nd & 4^th Wednesdays of the month at 5:00 p.m. in the Board Room at the Town Hall and an end of the year meeting on or before December 31, 2007.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 10 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor to designate the Thousand Islands Sun as official Town of Clayton newspaper.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 11 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor that no bills incurred by the Town of Clayton shall be considered valid without voucher and all vouchers to be paid must be delivered no less than (5) business days prior to regular Town Board meeting.  All vouchers to be paid will be available for inspection the 2^nd Wednesday of every month beginning at 9:00 a.m. at the Town Clerk’s office.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 12 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor that any employee of the Town of Clayton wishing to travel to schools, seminars or other Town related business and who expects to be re-imbursed for their expenses shall obtain prior permission from the Town Board.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 13 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor that any “New Hire” Town employee must be reflected in the Town’s minutes, name and wage information inclusive.   Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 14 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor to adopt the Town of Clayton procurement policy as dated January 1, 1992.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 15 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor to appoint Bernier & Carr Assoc. as Town Engineer per agreement.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 16 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor for a Zoning and Planning Fee schedule for the Town of Clayton, whereas the Town Board of the Town of Clayton wishes to promote a cost-effective fee structure for the administration of the Town’s Zoning and Planning Depts. (as stated in a new fee schedule adopted by the Town Board on 1/05/2005).  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 17 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor for authorization for the Town of Clayton Supervisor to sign checks or in his absence the Deputy Supervisor.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 18 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor for Supervisor to sign “Chamber of Commerce Agreement” for $9,400.00.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 19 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor a resolution recognizing Town of Clayton employees who all belong to the NYS Retirement System, their retirement number and their number of days worked during a bi-weekly period.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 20 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor to appoint Joseph Russell from Menter, Reudin, and Trivelpiece Law Firm, as Town of Clayton attorney in the amount of $150.00 per hour.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 21 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor for Supervisor Cantwell to sign the contract with the Paynter Center for $5,000.00 for Senior services.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

RESOLUTION NO. 22 OF 2007 offered by Bonnie Rose, 2^nd by Justin Taylor a resolution for the Town Board and The Village Board of Clayton to support the combining of their individual Zoning Regulations and Local Waterfront Revitalization Program by the Joint Planning Board of the Town and Village of Clayton.  Robert W. Cantwell Jr. aye, George Kittle aye, Justin Taylor aye, Donald Turcotte aye and Bonnie Rose aye.  (SEE RESOLUTION BOOK.)

Supervisor’s Committee appointments:

            George Kittle – Chamber of Commerce

                                      Youth Commission

            Justin Taylor –   Purchasing, GIS and Personnel

            Donald Turcotte – Depauville & Heritage Heights Sewer Districts

                                    Recreation Park

            Bonnie Rose - Highway

                                    Paynter Senior Center

                                    Hawn Library

Supervisor’s appointments:

            Deputy Supervisor – Justin Taylor

            Town Accountant – Mary Ann Yuhas

            Historian – Norman Wagner

            Supervisor’ Secretary – Nicole Cornaire

New Business:

Regular Business meeting will be on Wednesday, January 10, 2007.

At 5:20 PM, Supervisor Cantwell indicated that we were at the end of the Annual Meeting and would recess until 6:00 PM at which time there would be a Public Hearing for Local Law #1 of 2007 for a Wind Power Ordinance and an a Public Hearing for an Amendment to the Town Zoning Ordinance for an Overlay District.

Supervisor Cantwell reconvened the meeting at 6:00 PM.

The following were in attendance:

Robert W. Cantwell Jr., George Kittle, Justin Taylor, Donald Turcotte, Bonnie Rose, Bob Boulton, Kathy LaClair, Henry LaClair (ZEO), Pat Patchen, Leslie Drake, Bud Baril, Larry Hickey, Larry Walldroff, Cortland D. Reff, Sally Boss, Clif Schneider, Kathleen Bevens, Bill Moore (PPM), Jenny Burke (PPM), Dan Murdie (PPM), Andrea Friedman (WWNY), Frank Giaquinto, Jerry Wetterhahn, Larry Aubertine (6:10), Murray Schryver, Joe Russell (Atty.)

Motion made by George Kittle, 2^nd by Donald Turcotte, to open the Public Hearing at 6:00 PM.  Motion Carried.

Supervisor Cantwell indicated the purpose of the Public Hearings are to amend the Town of Clayton Zoning establishing Wind Turbine and Wind Farm Overlay District, also to do Local Law #1 for establishing regulations for same.

Supervisor Cantwell introduced the Town’s Atty. Joe Russell.  Atty. Russell stated that we would do both “public hearing’s simultaneously.

Atty. Russell gave a description of what is being proposed.  General Municipal Law requires that you send the proposal to Jefferson County Planning Board, which was done and we have a letter dated 12/28/06 giving their review.  Jeff. Co. Planning’s comments are relevant but more relevant to the actual zoning application of a wind turbine facility.  Back in June 2006 a moratorium was adopted, which this would need to be rescinded.  Also be adopting is an “overlay district”, which is the only place at this time the turbines can be located.  That is not to say that in the future, if both a property owner and a company wish to place a turbine facilities elsewhere they would need to apply to have another district formed.

Several property owners spoke at the public hearing, no one was in opposition to the proposed Amendment to Zoning Ordinance or Local Law #1.

Atty. Russell noted that the fee structure had not been finalized as yet.

The Town Board reviewed the fee structure and made minor changes.

Atty. Russell stated the changes that have been made were not substantial to either the proposed Local Law or proposed amendment and that the Town Board could proceed.

Motion by George Kittle, 2^nd by Bonnie Rose, to close the joint public hearing at 7:00 PM.  Motion carried.

Supervisor Cantwell inquired if any of the Board members had any further questions before they address the proposal.

Councilman Taylor indicated that this board has looked at, reached out to other committees and feels comfortable that this board has covered all the bases.

SEQRA Long form was prepared by Counsel, was reviewed, the Town Board took Lead Agency and finalized that both the Local Law #1 and the Amendment to the Zoning Ordinance were Unlisted Actions, meaning both have No Negative Impact on the environment.

RESOLUTION #23 offered by Bonnie Rose, 2^nd by Donald Turcotte, a resolution accepting SEQRA as a Negative Declaration for the Proposed Amendment to the Zoning Ordinance to establish an Overlay District for Wind Energy Facilities and the enactment of a Local Law to provide a review and permitting process along with minimum standards for the siting, approval, construction and operation of Wind Energy Facilities.  Robert W. Cantwell Jr. – aye; George Kittle – aye; Justin Taylor – aye; Donald Turcotte – aye; Bonnie Rose – aye.  (SEE RESOLUTION BOOK).

RESOLUTION #24 offered by Justin Taylor, 2^nd by George Kittle, a resolution accepting Local Law #1 of 2007 to Regulate Wind Energy Facilities within the Town of Clayton.  Robert W. Cantwell Jr. – aye; George Kittle – aye; Justin Taylor – aye; Donald Turcotte – aye; Bonnie Rose – aye.  Motion carried.  (SEE RESOLUTION BOOK).

RESOLUTION #25 offered by George Kittle, 2^nd by Bonnie Rose, accepting a resolution to amending the Town Zoning Ordinance to establish an Overlay District within certain portion of the Town where the siting of Wind Energy Facilities will be permitted.  Robert W. Cantwell Jr. – aye; George Kittle – aye; Justin Taylor – aye; Donald Turcotte – aye; Bonnie Rose – aye.  Motion carried  (SEE RESOLUTION BOOK).

RESOLUTION #26 offered by Justin Taylor, 2^nd by Bonnie Rose, rescinding the Moratorium established by the Amendment to the Zoning Ordinance adopted on June 14, 2006, as it is no longer necessary following the effective date of Local Law #1 of the year 2007.  Robert W. Cantwell Jr. – aye; George Kittle – aye; Justin Taylor – aye; Donald Turcotte – aye; Bonnie Rose – aye.  Motion carried.  (SEE RESOLUTION BOOK).

Motion by George Kittle, 2^nd by Bonnie Rose, to adjourn this meeting and public hearing at 7:25 PM.  Motion carried.