January 22, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 22nd of January, 2003 at 7:30 P.M., there were:

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

ABSENT:      Patrick DiDomenico         Supervisor
                    David R. Palmer                 Councilor

The meeting was called to order by Deputy Supervisor Rupprecht at 7:30 P.M. All present joined in the Pledge of Allegiance.

Other Business:

Assemblyman Jeff Brown addressed the Town Board, encouraging them to call him any time and use his office as a resource. He looks forward to working with the Town of Clay. Assemblyman Brown explained that he is not in his District Office yet, but will be there February 3, 2003. He can be reached at 518-455-4505 in Albany, or a temporary work number, 474-7571. His Assembly office address is 201 North Main Street, Suite 200, North Syracuse, New York 13212.

Approval of Minutes:

Councilor Ulatowski moved the adoption of a resolution approving the Minutes of the Organizational and Regular Town Board Meeting held on January 6, 2003. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Correspondence: None.

Zoning - Interim Ordinance (PH) - Planned Industrial Park District:

A public hearing 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 is to provide 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. 

Deputy Supervisor Rupprecht explained that the zoning ordinance review committee, which is working on revisions to the Town of Clay Zoning Ordinance is close to completing the revisions on the Industrial Zone, which could include more restrictions.

Dave Arnold asked Councilor Bray when she was first aware of the transfer station. Councilor Bray explained that she is part of a zoning ordinance committee and that they have been working on revisions and one that started on in the spring is a draft of the Industrial zoning. When Evergreen arose, it seemed more prudent to address the Industrial Zone revisions. The whole Town Board gets the Planning Board Agenda, but they did not know the particulars of it. She added that the Town Board has nothing to do with the decisions of the Planning Board.

Town Attorney Robert Germain explained that the Town Board cannot legally intervene with the workings of the Planning Board. The Deputy Supervisor added that the Town Board has no jurisdiction over the Planning Board, but changes made to the Industrial Zoning code, would affect the Planning Board's criteria and the carrying out of their duties. The Town has a committee that has been working on the zoning classifications for over two years.

Commissioner Tessier explained that the revision will go from the committee to the Town Attorney, then to the Planning Board, before the Town Board sees them. Then there will be a work session between the two Boards.

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

Zone Change (PH & ADJ) - 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). (Adjourned to this date and time at the January 6th, 2003 Town Board Meeting.) 

Deputy Supervisor Rupprecht explained that the applicant has requested an adjournment. He added that the Board had requested further information from the applicant at the January 6th public hearing.

Councilor Ulatowski moved the adoption of a resolution adjourning the public hearing to February 3, 2003 at 7:35 P.M. local time. Motion was seconded by Councilor Rowley. 

Ayes-5 and Noes-0. Carried.

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

No action taken.

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

No action taken.

Zoning - Interim Ordinance (SEQR) - Planned Industrial Park District:

Councilor Rowley moved the adoption of a resolution that the 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, is an unlisted action with a completed EAF and involves no other permit granting agency outside the Town. The proposed Ordinance amendment 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 Ordinance amendment does not require the preparation of an EIS.) Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Zoning - Interim Ordinance - Planned Industrial Park District:

Councilor Rowley moved the adoption of a resolution approving 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 Ordinance is to provide 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-5 and Noes-0. Carried.

Easement/Drainage/Project - DUNKIN DONUTS (ROUTE 31) SITE:

Councilor Ulatowski moved the adoption of a resolution approving a drainage easement from KIMCO REALTY, LLC with regard to the DUNKIN DONUTS (ROUTE 31) SITE. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Highway/Purchase - 2003 FORD CROWN VICTORIA:

Councilor Ulatowski moved the adoption of a resolution authorizing the purchase of ONE (1) 2003 FORD CROWN VICTORIA 4 DOOR SEDAN, under NYSOGS Contract Award 2003 – State Contract No. PC58441 – Item 5, Contractor: Warnock Automotive, Inc., of East Hanover, N.J., in an amount not to exceed the sum of $24,000.00 for use by the Highway Department. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Authorization/Police/Animal Control - ANIMAL KINGDOM VETERINARY HOSPITAL:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to execute an agreement with JOHN E. DAVIS, DVM, d/b/a ANIMAL KINGDOM VETERINARY HOSPITAL for the kenneling and other services associated with the Clay animal control requirements. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Deputy Supervisor Rupprecht called a brief recess at 7:55 p.m. The meeting was called back to order at 8:15 p.m.

Project/Securities - THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1:

Councilor Rupprecht moved the adoption of a resolution that the Town of Clay having conducted public hearings to consider the construction and acquisition of drainage and sewer facilities located within THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1 (Euclid Sewer District, Extension No. 6, Contract No. 1 Lateral, Euclid Sewer District, Extension No. 2, Contract No. 3 Lateral, Fairway Drainage District, Extension No.3, Contract No. 1 Lateral, Fairway Drainage District, Extension No. 2, Contract No. 3 Lateral) and the construction of said facilities having been completed in accordance with the Plans and Specifications thereof; the Town Engineers having certified that the facilities have been satisfactorily completed and that the developer post $45,000.00 to guarantee the cost of completion of overland drainage facilities as shown on a list prepared by the Town Engineers under date of January 15, 2003 (receipt of which is hereby acknowledged) and contingent upon legal and the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and BARBET DEVELOPMENT CORPORATION that the Town accept title to such facilities. Motion was seconded by Councilor Ulatowski.

Councilor Rycraft asked about park land and open space. The developer, Duane Olin, stated that there are about 22 acres of open space in this section which will be deeded to the Town. Another forty acres of open space will come later with Section 2. He added that ultimately, six of the total acres will be usable land, the remaining acres will be open space. They are in the process of deeding the twenty two acres of open space land to the Town now. Mr. Olin further clarified that two acres of usable land will be deeded in Section 1 along with twenty acres of open space, and the other four acres of usable land will be deeded with Section 2 along with an additional thirty two acres of open space.

Ayes-5 and Noes-0. Carried.

Project/Easement/Drainage - THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1:

Councilor Ulatowski moved the adoption of a resolution accepting an easement for drainage and sewer facilities located within THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1(Euclid Sewer District, Extension No. 6, Contract No. 1 Lateral, Euclid Sewer District, Extension No. 2, Contract No. 3 Lateral, Fairway Drainage District, Extension No.3, Contract No. 1 Lateral, Fairway Drainage District, Extension No. 2, Contract No. 3 Lateral) from BARBET DEVELOPMENT CORPORATION. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Project/Deed - THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1:

Councilor Rowley moved the adoption of a resolution accepting a deed from BARBET DEVELOPMENT CORPORATION for proposed open space as shown on a map of THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1 (Euclid Sewer District, Extension No. 6, Contract No. 1 Lateral, Euclid Sewer District, Extension No. 2, Contract No. 3 Lateral, Fairway Drainage District, Extension No.3, Contract No. 1 Lateral, Fairway Drainage District, Extension No. 2, Contract No. 3 Lateral) consisting of approximately 1.570 acres. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Project/Deed - THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1:

Councilor Ulatowski moved the adoption of a resolution accepting a deed from BARBET DEVELOPMENT CORPORATION for proposed open space lands as shown on a map of THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1 (Euclid Sewer District, Extension No. 6, Contract No. 1 Lateral, Euclid Sewer District, Extension No. 2, Contract No. 3 Lateral, Fairway Drainage District, Extension No.3, Contract No. 1 Lateral, Fairway Drainage District, Extension No. 2, Contract No. 3 Lateral) consisting of approximately 20.807 acres. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Project/Easement/Sewer - DELL CENTER, SECTION NO. 3:

Councilor Rowley moved the adoption of a resolution accepting a sewer easement from COR CLAY COMPANY, LLC, COR ROUTE 31 COMPANY, LLC, HOME DEPOT, U.S.A., INC., and TARGET CORPORATION, within DELL CENTER, SECTION NO. 3 which easement shall supercede and replace in its entirety that portion of a previous easement dated September 28, 2001 by and between the Town of Clay and Samuel R. Dell, Jr., recorded in the Onondaga County Clerk's Office on October 1, 2001, in Book of Deeds 4608 at page 092 that effects the real property owned by Grantors which shall be deemed terminated as of the date and recording of this Easement. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Project/Easement/Drainage - DELL CENTER, SECTION NO. 3:

Councilor Ulatowski moved the adoption of a resolution accepting a drainage easement from COR CLAY COMPANY, LLC, COR ROUTE 31 COMPANY, LLC, HOME DEPOT, U.S.A., INC., and TARGET CORPORATION, within DELL CENTER, SECTION NO. 3 which easement shall supercede and replace in its entirety that portion of a previous easement dated September 28, 2001 by and between the Town of Clay and Samuel R. Dell, Jr., recorded in the Onondaga County Clerk's Office on October 1, 2001, in Book of Deeds 4608 at page 098 that effects the real property owned by Grantors which shall be deemed terminated as of the date and recording of this Easement. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Project/Drainage & Detention Basin - DELL CENTER, SECTION NO. 2:

Councilor Bray moved the adoption of a resolution authorizing the release of a drainage and detention basin easement as shown on a R.O.W Map No. 4490-R1 on the former Sam Dell Property – Route 31 within DELL CENTER, SECTION NO. 2., to COR ROUTE 31 COMPANY, LLC., and TARGET CORPORATION, subject to legal and engineering as to form and content. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Project/Easement/Drainage - DELL CENTER, SECTION NO. 2:

Councilor Rowley moved the adoption of a resolution authorizing the release of a drainage easement as shown on a R.O.W Map No. 4490-R1 on the former Sam Dell Property – Route 31 within DELL CENTER, SECTION NO. 2., to COR ROUTE 31 COMPANY, LLC., subject to legal and engineering as to form and content. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Appointment/Attorney - Zoning Board of Appeals:

Councilor Bray moved the adoption of a resolution appointing Mark Grobosky as attorney for the Zoning Board of Appeals for the year 2003. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Contract/Municipal Code:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to execute a contract with GENERAL CODE PUBLISHERS for updating and maintaining of the PC Code Book and E-Code (Town Code on the Web) for the period January 1, 2003 through December 31st, 2003. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Appointment - Moyers Corners Fire Department, Inc.:

Councilor Rowley moved the adoption of a resolution appointing NICHOLAS ERARD, THOMAS ARNOLD, DEREK WATSON, KRISTY KENNEDY, JEFFREY BUSH, RICHARD HOWARD, DANIEL IZZO, PETER KLEM IV, ROBERT LIBERATORE, DANIEL SPILLETT, JEREMY DIETZ, CRAIG WATERMAN, JOHN BURNS, CLAYTON PARMENTER, ROBERT BROWN, JEFFREY GOETTEL, KEVIN DELONG, JEFFREY BELCZAK, KRISTOPHER FERRARA, JUSTIN PETRANCHUCK, DAVE PIEKLIK, DANIEL STACHURSKI, THOMAS BEARDSLEY, MICHAEL BOISEY, STEVEN HIGGINS, JOHN SMITH, JUSTIN VANDERHOOF, EDWARD GOODSON, and KEVIN WALSH as members of the MOYERS CORNERS FIRE DEPARTMENT, INC. for the years 2000 to 2003. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:42 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-5 and Noes-0. Carried.



Archived Minutes