January 6, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 6th of January 2003 at 7:30 P.M., there were:

PRESENT:   Mark Rupprecht             Deputy Supervisor
                   David R. Palmer              Councilor
                   Clarence A. Rycraft        Councilor
                   Naomi Bray                     Councilor
                   James Rowley                 Councilor
                   Damian M. Ulatowski     Councilor
                   Vivian I. Mason               Town Clerk

ABSENT:     Patrick DiDomenico       Supervisor

The Organizational and Regular Meeting was called to order by Deputy Supervisor Rupprecht at 7:00 P.M. All present joined in the Pledge of Allegiance.

Organizational Meeting:

Official Rules of Procedure - Roberts Rules of Order:

Councilor Rowley moved the adoption of a resolution that Roberts Rules of Order be the official rules of procedures at Town Board Meetings, subject to the Rules provided by the Town Law and like Statutes which shall prevail (except that there shall be no second reading of resolutions at Town Board Meetings unless the same is requested, and that there shall be no votes taken when the question of a pending resolution is called unless an objection is stated to voting upon such resolution forthwith). Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Meetings:

Councilor Rowley moved the adoption of a resolution establishing the first and third Mondays of each month as the meeting nights for Town Board Meetings, and 7:30 P.M., local time, as the hour of commencement. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

GENERAL COMMITTEE appointment by the Deputy Supervisor:

Special Districts:                 Councilperson Palmer
Finance:                               Councilperson Rycraft
Parks, Recreation & Human Resources: Councilperson Palmer
Public Safety:                       Councilperson Rowley 
Highway & Public Works:     Councilperson Ulatowski
Planning & Development:    Councilperson Bray
Zoning Board of Appeals:      Councilperson Bray
Personnel:                            Supervisor DiDomenico
Industrial Development:      Supervisor DiDomenico,            Councilperson Rycraft,  Councilperson Rupprecht
Recreation Facilities and Grants Special Committee: Councilperson Palmer & Councilperson Rycraft
Liaison No. Syracuse School District: Councilperson Rupprecht
Liaison Liverpool School District: Councilperson Rowley

Salaries - Town Personnel:

Councilor Rowley moved the adoption of a resolution that the annual salaries for the Town Personnel for 2003 be established as follows:

Supervisor  $40,404
Deputy Supervisor  $10,208
Councilpersons $ 9,226
Judges $28,275
Commissioner of Parks, Recreation 
& Human Resources $40,271
Commissioner of Finance $21,851
Comm. of Plan. & Dev. $48,760
Commissioner of Public Safety $53,806
Town Clerk $36,570
Receiver of Taxes $36,094
Assessor $44,207
Highway Superintendent $57,067
Water Superintendent $40,845

Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Appointments:

Councilor Palmer moved the adoption of a resolution appointing Councilperson Mark Rupprecht as Deputy Supervisor by the Town Board. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Appointment - Association of Towns Delegate & Alternate Delegate:

Councilor Rowley moved the adoption of a resolution appointing Councilperson Ulatowski delegate to the Association of Towns. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Councilor Rowley moved the adoption of a resolution appointing Councilperson Rycraft alternate delegate to the Association of Towns. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Authorization - Check signing:

Councilor Ulatowski moved the adoption of a resolution authorizing the Deputy Supervisor to sign checks drawn on Town funds in the absence of the Supervisor. Motion was seconded by Councilor Rowley .

Ayes-6 and Noes-0. Carried. 

Town Engineers:

Councilor Ulatowski moved the adoption of a resolution that C & S Engineers, Inc., be retained by the Town to perform such Special District services as the Town may require and authorizing the Supervisor to enter into an annual contract with said firm. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Councilor Bray moved the adoption of a resolution authorizing the Town Engineers to update the "Town of Clay Zoning Map" annually, with payment for same to be authorized from the General Fund of the Town of Clay. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Bank Designation:

Councilor Palmer moved the adoption of a resolution designating the following as the official 2003 depository banks for the Town of Clay: M & T Bank; The Chase Manhattan Bank; Key Bank National Association; Fleet National Bank; BSB Bank & Trust Company; Alliance Bank, N.A.; and Westchester BOCES-MBIA - pooled cash investment program (class). Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Newspaper Designation:

Councilor Palmer moved the adoption of a resolution designating the Syracuse Post Standard as the official Town Newspapers for 2003 and designating the Star News and Liverpool-Salina Review as additional newspapers for the publication of legal notices. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Appointments:

Councilor Rowley moved the adoption of a resolution appointing Michael Ploski, as Dog/Animal Control Officer for the year 2003. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Councilor Bray moved the adoption of a resolution reappointing Karen Guinup, to a term of seven years on the Planning Board. Said term to expire December 31st, 2009. Motion was seconded by Councilor Ulatowski.

Councilor Rycraft stated he had a philosophical difference with the board.

Ayes-5 and Noes-0. Councilor Rycraft did not vote. Carried.

Councilor Bray moved the adoption of a resolution reappointing Arthur Fennhahn to a term of five years on the Zoning Board of Appeals. Said term to expire December 31st, 2007. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Councilor Ulatowski moved the adoption of a resolution appointing Arthur Fennhahn, as Chairman of the Zoning Board of Appeals for the year 2003. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Councilor Palmer moved the adoption of a resolution appointing Ferdinand Lepinske, as Town Historian for the year 2003. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Councilor Bray moved the adoption of a resolution, pursuant to Local Law Chapter 104, "ETHICS LAW", Article IV, "BOARD OF ETHICS", appointing Anthony J. Leone, Jr. for a term of five years as a member of the Board of Ethics. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Regular Meeting:

Approval of Minutes:

Councilor Bray moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on December 16th, 2002. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

None.

Other Business:

Todd Weller, of Pintail Path, said he would like the sidewalks shoveled at the intersection of Route 57 and Route 31 because his wife is a runner and likes to run on Route 57 and Route 31. He also asked if the Town has considered having a Constable. Commissioner Tessier commented that for code violations they have used the police when necessary. Mr. Weller said he was referring to judgements and their collection, that the cost would be nothing for the Town, the Constable would be paid from the collected fees.

Russ Mitchell noted that there was no refuse pickup in his development because of the way the holiday falls, and asked that the Town take this into account in the future.

June Baycura explained that the refuse district in Bayberry area was split and now they will have more than one truck in the neighborhood, defeating the purpose of the refuse districts. She would like to see better coordination.

Assessment & Taxation (PH) - Sliding Scale (age 65):

A public hearing to consider increasing the maximum income eligibility of the "sliding scale" from less than $21,500.00 to less than $29,900.00 for granting a partial exemption from real property taxation to persons over the age of 65 was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk.

The Deputy Supervisor explained that the State adopts this change for a partial exemption and the Town is following their guidelines.

Deputy Supervisor Rupprecht asked if there were any comments or questions and there were none. The Deputy Supervisor asked for those in favor, there were twelve and for those opposed and there were none. All persons wishing to be heard having been heard the hearing was closed.

Assessment & Taxation (PH) - Sliding Scale (persons with disabilities):

A public hearing to consider increasing the maximum income eligibility of the "sliding scale" from less than $21,500.00 to less than $29,900.00 for granting a partial exemption from real property taxation to persons with disabilities and limited income was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Deputy Supervisor Rupprecht explained that this is similar to the previous public hearing, but is for those with disabilities. This exemption is the maximum allowable by law.

Deputy Supervisor Rupprecht asked if there were any comments or questions and there were none. The Deputy Supervisor asked for those in favor, there were twelve and for those opposed and there were none. All persons wishing to be heard having been heard the hearing was closed.

Local Law No. 1 of 2003 (PH) - Fees (park & recreation area):

A public hearing to consider proposed Local Law No. 1 of the Year 2003 amending Chapter 105 entitled ‘FEES', ‘§105-4, Schedule of Fees', ‘A. Fees derived from Code Sections', ‘Chapter 230, Zoning, §§230-7B(6), 230-8B (6) 230-9B (6) and 230-10B (6)' under Subject –‘Fee in lieu of park and recreation area' under Fee increasing the amount as follows: ‘$500.00 per lot effective January 1, 2003, $750.00 per lot effective January 1, 2004 and $1,000.00 per lot effective January 1, 2005' to the Code of the Town of Clay was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Deputy Supervisor Rupprecht read a letter from Home Builders into the record (see attached). The association feels $300 to $350 is sufficient and equal to the fees in other towns, and they feel the increase will be passed onto the homeowners and they will have to absorb the cost.

Councilor Palmer said he had three reasons for the increase. 1) the current amount of $300 per lot does not allow enough money to buy park land; 2) the cost of playground equipment has escalated, so more money is required to purchase it, and 3) the geographic layout of the Town makes it difficult for all the residents to use the main parks, and Councilor Palmer feels the neighborhood park systems are good, but when they are established, the residents want recreation facilities and funding is needed to do this. He added that he had taken a survey of other town's fees and agreed that our present fees are comparable to theirs, however the towns agreed that the park land fee is not adequate for the Town's recreational needs. He noted that the Town of Clay has twenty-seven neighborhood parks and four main parks.

Councilor Bray commented that unlike some of the other towns, the Town of Clay does not have any county parks, that our parks are maintained solely by the Town.

Paul Valentino asked if the increase would really generate enough money for the parks. He questioned that if less homes were built wouldn't it bring in less money, and therefore there would be less growth in the Town.

Councilor Palmer explained that this is for the future to support the parks.

June Baycura said that more neighborhood open spaces and buffers are needed, and would rather see housing cut.

David Arnold said he would like the fees to stay the same.

Dan Barnaba, a developer, said the increase in fees would be a tax on new home buyers, as it would be passed on. Few home buyers would oppose these increases, because they are unaware of it, nor are they aware that it would affect the cost of the home. He feels that in some areas people, "empty nesters", would not want the park land and thinks alternatives should be discussed.

Councilor Palmer felt Mr. Barnaba had a point, but feels "empty nesters" would want trails, not parks. He still feels the need for open spaces.

Deputy Supervisor Rupprecht said he would like to appoint a committee that could look in the recreation needs. He asked that interested people contact the Town and at the next meeting a committee could be appointed. He asked for those in favor of imposing the new fees and there were three. He asked for those opposed to imposing the new fees and there were six.

Councilor Palmer said he would like to see the $500 fee enacted now, and leave the other two alone until that increase can be looked into.

Deputy Supervisor Rupprecht stated that he would still like to see the study before making any decisions. The Town could always re-advertize this Local Law.

Councilor Ulatowski agreed with the Deputy Supervisor and added that he would volunteer to be on the committee.

Councilor Bray added that she felt the Board needed to put a committee together and have them come back with another proposal.

Deputy Supervisor Rupprecht asked if there were any comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.

Local Law No. 2 of 2003 (PH) - Fees (copies):

A public hearing to consider proposed Local Law No. 2 of the Year 2003 amending Chapter 105 entitled ‘FEES', ‘§105-4, Schedule of Fees', ‘B (1) Town Clerk's Office.' as follows: by adding under ‘Item/Subject Matter' Copies (per page) paper sizes letter/legal, ledger (11x17) and wide format (exceeds 11x17) and under Fee to set the fees for ledger (11 x 17) at $0.50 and wide format (exceeds 11x17) $3.00' to the Code of the Town of Clay" was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Deputy Supervisor Rupprecht said that copy fees had to be defined and that the fee has to be set, as the Town now has the capability of making large copies at the cost of $3.00, the cost of reproduction.

Deputy Supervisor Rupprecht asked if there were any comments or questions and there were none. He asked for those in favor of imposing the new fees and there were twelve. He asked for those opposed and there were none. All persons wishing to be heard having been heard the hearing was closed.

Zone Change (PH) - Town Board Case #879 - DOMINIC A. VITO and ROSE M. VITO:

A public hearing to consider the application of DOMINIC A. VITO and ROSE M. VITO for a change of zone from Agricultural (A-1) District to Residential Office (R-6) District on property located at 7458 Oswego Road, (Tax Map No. 094.-22-02.0) was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk. (Adjourned to this date and time at the December 16th, 2002 Town Board Meeting)

Deputy Supervisor Rupprecht gave a brief summary of the request, explaining that the parcel is just north of John Glenn, and the Board adjourned the hearing in anticipation of a copy of an easement for driveway connections across the rear of the property. This easement has since been received.

Deputy Supervisor Rupprecht asked if there were any comments or questions and there were none. The Deputy Supervisor asked for those in favor and there were twelve. He asked for those opposed and there were none. All persons wishing to be heard having been heard the hearing was closed.

Zone Change (SEQR) - Town Board Case #879 - DOMINIC A. VITO and ROSE M. VITO:

Councilor Rowley moved the adoption of a resolution that the application of DOMINIC A. VITO and ROSE M. VITO for a change of zone from Agricultural (A-1) District to Residential Office (R-6) District on property located at 7458 Oswego Road (Tax Map No. 094.-22-02.0) is an unlisted action with a completed EAF and involves no other permit granting agency outside the Town. The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an EIS. (Recommendation by the Commissioner of Planning & Development is that said project does not require the preparation of an EIS.) Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Zone Change (A) - Town Board Case #879 - DOMINIC A. VITO and ROSE M. VITO:

Councilor Rycraft moved the adoption of a resolution approving the application of DOMINIC A. VITO and ROSE M. VITO for a change of zone from Agricultural (A-1) District to Residential Office (R-6) District on property located at 7458 Oswego Road. (Tax Map No. 094.-22-02.0) Motion was seconded by Councilor Bray.

Deputy Supervisor Rupprecht stated that he felt this was a good land use and would have no negative impact on the neighbors.

Councilor Palmer asked if the easement would serve the corner parcel also and Attorney Germain said yes.

Councilor Palmer - yes Councilor Rycraft - yes
Councilor Bray - yes Councilor Rowley - yes
Councilor Ulatowski - yes Deputy Supervisor Rupprecht - yes

Carried.

Zone Change (PH) - Town Board Case #877 - THE FATTI REAL ESTATE MANAGEMENT COMPANY, L.P.:

A public hearing to consider the application of THE FATTI REAL ESTATE MANAGEMENT COMPANY, L.P., for a change of zone, amendment to the Restrictive Covenants from Shopping Center (C-5) District with specific use restrictions to Shopping Center (C-5) District amending restriction with Town Board approval to allow a car wash on property located at 8380, 8370 Oswego Road (Tax Map No. 053.-01-02 and Part of Tax Map No. 053.-01-03.1) was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk. (Adjourned to this date and time at the December 16th, 2002 Town Board Meeting)

Paul Curtin, the attorney representing Mr. Fatti, gave a brief overview of their request to amend the restrictive covenants on the property. The parcel is on the east side of Route 57 and backs up to Black Brant Drive. The covenant precludes the use of a car wash and in order for them to build one, the Town board would have to withdraw that restriction. Ten years ago the restrictive covenant was given, so that offices could be built on this property, but there has been no interested buyers. A building of 30,000 square feet could be constructed with the present restrictions, whereas the car wash would only be 3,200 square feet. Mr. Curtin noted that the noise decibel level would dissipate at the property line. There would be only one ingress/egress instead of a possibility of three. If they are allowed to build the car wash, they are willing to offer an extensive buffer area to the rear of the property, which might not be offered by another builder. He added that the peak time use of a car wash is October through May. They would be open 24 hours.

Frank Fatti spoke, stating that he has been a builder in the Town for years and felt this was a good use, that it would blend with the subdivisions, and that the car wash building would be about the size of a house. He explained that they were moving the footprint of the building forward so that they could offer 25 more feet of buffer with a fence, which would give the residential area behind them a 100± foot buffer. He said that he has given this a lot of thought, and feels that because the car wash would only use 3% of the site and not the possible 20%, it is the best use for the parcel with concern to the neighborhood.

Deputy Supervisor Rupprecht questioned the future of the additional 75 foot buffer they are willing to offer, and Mr. Curtin said that if there was a use other than the car wash, only the 25 foot buffer would be required.

Mr. Boak voiced concerns about the discharge from the car wash. Mr. Curtin said they recycle the water and all would be in compliance with requirements. He also said they could put in a detention area for any possible surface water.

Nancy Platz said she was concerned about the air pollution from the cars' exhaust.

Henry Jezenski voiced concern with security and customers looking in their windows.

Bud Bailey asked about the height of the building and Mr. Curtin said the maximum was thirty feet and that lights would be directed down and self-contained in the parking area.

Gerald Halen asked for a higher fence, because he feels that when the trees loose their leaves the noise decibel will increase.

Paul Valentino said he was still against the car wash. He would like to see a business conducive to senior citizens. He feels removing a restriction would set a precedent and that most residents are still against it.

Nancy Rounds asked if the 75 foot forever green would remain if the other lots were sold and Mr. Curtin said yes. Mr. Rounds added that not all residents are necessarily against the car wash. Some feel it might be a good thing.

Councilor Palmer asked for a show of hands favoring the car wash, with a 75 foot buffer on lots #1 and #3 and a 100 foot buffer on lot #2. Twelve were in favor and eleven were opposed.

Deputy Supervisor Rupprecht noted that the Town engineer will review the noise decibel issue and the Commissioner of Planning and Development will look at the Environmental Impact from ten years ago.

Deputy Supervisor Rupprecht asked if there were any comments or questions and there were none. 

Councilor Palmer moved an adoption of a resolution adjourning the public hearing to January 22, 2003 at 7:38 P.M. local time. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

The Deputy Supervior called for a brief recess. The meeting called back to order at 10:02 p.m.

Zone Change (SEQR) - Town Board Case #877 - THE FATTI REAL ESTATE MANAGEMENT COMPANY, L.P.:

No action taken.

Zone Change - Town Board Case #877 - THE FATTI REAL ESTATE MANAGEMENT COMPANY, L.P.:

No decision.

Meetings:

Councilor Ulatowski moved the adoption of a resolution canceling the regularly scheduled February 17th, 2003 Town Board Meeting. (Due to Association of Towns Meeting) Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Assessment & Taxation (A) - Sliding Scale (age 65):

Councilor Bray moved the adoption of a resolution approving the increase in the maximum income eligibility of the "sliding scale" from less than $21,500.00 to less than $29,900.00 for granting a partial exemption from real property taxation to persons over the age of 65. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Assessment & Taxation (A) - Sliding Scale (persons with disabilities):

Councilor Ulatowski moved the adoption of a resolution approving the increase in the maximum income eligibility of the "sliding scale" from less than $21,500.00 to less than $29,900.00 for granting a partial exemption from real property taxation to persons with disabilities and limited income. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Local Law No. 1 of 2003 - Fees (park & recreation area):

No action taken.

Local Law No. 1 of 2003 (A) - Fees (copies):

(Because no action was taken on previous local law, this one becomes Local Law No. 1 of 2003.)

Councilor Rowley moved the adoption of a resolution approving proposed Local Law No. 1 of the Year 2003 amending Chapter 105 entitled ‘FEES', ‘§105-4, Schedule of Fees', ‘B (1) Town Clerk's Office.' as follows: by adding under ‘Item/Subject Matter' Copies (per page) paper sizes letter/legal, ledger (11x17) and wide format (exceeds 11x17) and under Fee to set the fees for ledger (11 x 17) at $0.50 and wide format (exceeds 11x17) $3.00' to the Code of the Town of Clay." Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Meetings:

Councilor Palmer moved the adoption of a resolution canceling the regularly scheduled January 20th, 2003 Town Board Meeting and rescheduling same to January 22nd, 2003, due to the Martin Luther King Holiday. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Zoning - Interim Ordinance - Planned Industrial Park District:

Councilor Rowley moved the adoption of a resolution calling a public hearing January 22nd, 2003, commencing at 7:35 p.m., local time, to consider proposed Interim Ordinance 2003-01 Temporarily Amending Chapter 230, entitled ‘ZONING' §§ 230-32, I-1 Planned Industrial Park District and 230-33 I-2 Industrial Districts of the Code of the Town of Clay. The purpose of said proposed Ordinance provides for a temporary moratorium prohibiting the processing or granting of zone changes or special permits by the Town Board, and prohibiting consideration of recommendations as to zone changes and approval of site plans or subdivisions by the Planning Board of the Town of Clay for the development of land uses within such districts for a period of 180 days from the effective date of said Interim Ordinance due to said classifications presently being rewritten. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 10:06 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-6 and Noes-0. Carried.
















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