February 3, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 3rd of February, 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.

Correspondence/Other Business:

Dave Arnold noted that the January 6th, 2003 Town Board Minutes did not reflect his request that a full environmental impact statement (specifically concerning traffic, sewer, drainage and noise), be required for THE FATTI REAL ESTATE MANAGEMENT COMPANY, L.P. application, which would remove the restriction of a car wash from the covenant. 

Deputy Supervisor Rupprecht stated that the Syracuse Metropolitan Transit Council held a public meeting regarding the Carling Road extension and several possible configurations. The SMTC would like public comment on the proposals. The Deputy Supervisor encouraged the public to look at these proposals and offer their comments.

Deputy Supervisor Rupprecht explained that the Niagara Mohawk Power Corporation has given the Town a $10,000 grant to assist the Town with professional services for the Three Rivers Project, a Community Business Assistance Program.

Approval of Minutes:

Councilor Rycraft moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on January 22, 2003. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. 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) (Adjourned to this date and time at the January 6th, 2003 Town Board Meeting) was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Deputy Supervisor Rupprecht asked if the applicant or their representative was present and there was no one present.

The Deputy Supervisor noted that the Town had the proposed covenant from the applicant concerning the extended buffer that would leave the trees at the rear of the property. He added that at the last meeting the noise study was introduced, which states there would be no noise at the property line.

Doug Wickman, the Town Engineer did not agree with their report. He explained that at the property line there would be a noise decibel of between 71 and 65. The Town ordinance accepts 52.

Councilor Rycraft asked if that was only for the noise from the machinery, and Mr. Wickman said yes, it did not include car radios, boom boxes etc.

Bill Rounds stated that at the last meeting he had said he was not opposed, but Paul Valentino received a call from a man who lives on East Taft Road. He lives about 100 feet from a two bay car wash, and there is also a stockade fence and cedar trees. The man said he had no problem with the car wash, the problem is with the kids with their loud radios and boom boxes that use the car wash. The vibrations from their music makes the dishes in his house rattle. Mr. Rounds said he was now opposed to the car wash. He added that Mr. Fatti made a good offer with the additional buffer, and he hoped that if this application was denied that the Town would consider the 100 foot buffer in the future.

Henry Jezenski asked if they cut any of the trees down would it add to the noise level. He thinks a fence would not help much with the car radios and boom boxes. He also feels that a car wash would not be aesthetically enhancing to the neighborhood.

Dave Arnold asked for a highlight of the reasons the Board originally wanted the covenant back in 1993. The Deputy Supervisor read that portion of the minutes from March 1, 1993. Mr. Arnold said he felt the Board wanted the covenant for a reason. He added that he felt the car wash was not an appropriate use of this parcel.

Councilor Rycraft said he thought it was important for the residents to understand what could be built on the property under the current covenant. Commissioner Tessier stated that combining the three parcels would allow a 50,000 square foot store and the buffer would only have to be 25 feet from the property line to the parking lot. Councilor Rycraft noted that such a use would not go before the Town Board, just the Planning Board. He suggested that the residents keep an eye out for the public notices so that they can go to the meetings and give their input.

Paul Erickson noted that an Aldi's store could go there and they're looking in that area. Fatti would have left the trees and given the residents a 100 foot buffer.

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 none. He asked for those opposed and there were twelve. All persons wishing to be heard having been heard the hearing was closed.

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 action taken.

Fire Hydrants/Project - Ravada Hill Apartments:

Councilor Rowley moved the adoption of a resolution authorizing the installation of two (2) fire hydrants in the Bear Road Water Supply District Extension No. 13 and authorizing the Supervisor to execute the OCWA fire hydrant application. (Ravada Hill Apartments - Fire Hydrants Nos. 9735 and 9736). Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Drainage Operation and Maintenance Charges:

Councilor Rowley moved the adoption of a resolution authorizing the Town of Clay, pursuant to the written request of the property owners SYRACUSE YOUNG MEN'S CHRISTIAN ASSOCIATION, (YMCA of Greater Syracuse) for premises located at 4775 Wetzel Road (Tax Map No. 083.-01-22.2), to begin charging said owner for the annual Town of Clay Drainage Operation and Maintenance Charges as annually assessed for three (3) units per acre. The subject property is not located within a drainage district and the property owner has also agreed to join a drainage district in the future when such district is formed. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Easement/Project - RICH FAMILY SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution accepting a drainage easement from CHARLES W. RICH, III, SANDRA A. RICH, DEREK C. PERSSE and JULIE R. PERSSE as shown on a Final Plan prepared by Ianuzi & Romans, P.C., dated October 29, 2002 entitled RICH FAMILY SUBDIVISION, subject to approval as to form and content by the Town Attorney. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Local Laws/Animals (CPH) - Local Law No. 2 (Redemption Fees):

Councilor Bray moved the adoption of a resolution calling a public hearing March 3rd, 2003 commencing at 7:35 P.M., local time, to consider proposed Local Law No. 2 of the Year 2003, Amending Chapter 105 entitled "FEES", Section 105-4. Schedule of fees. Subdivision A., Chapter 69, Animals, § 69-6F(1) Impoundment fee and § 69-6F(2) Boarding fee, § 69-6F(3) Distemper Shot and to add § 69-6F(4) Bordetella (Kennel Cough) and § 69-6G(5) Rabies (dog or cat) and under "Fee" to eliminate a dollar amount and/or SPCA RATE for the aforementioned sections and insert CONTRACTOR'S RATE. The purpose of this proposed amendment is to add § 69-6F(4) and § 69-6F(5) and to change the current fees from a dollar amount and/or SPCA RATE to an amount charged by the contractor for such services with the Town. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Local Laws/Animals (CPH) - Local Law No. 3 (License Fees):

Councilor Rowley moved the adoption of a resolution calling a public hearing March 3rd, 2003 commencing at 7:38 P.M., local time, to consider proposed Local Law No. 3 of the Year 2003, Amending Chapter 69 entitled "ANIMALS", Section 69-7 License fees., Subparagraph "B." by adding after "For each unspayed or unneutered dog" the words "under the age of 6 months" and to add a new subparagraph "C. For each unspayed or unneutered dog 6 months or older: $12.00". The purpose of the proposed amendment is to amend § 69-7, subparagraph "B" and add a new subparagraph "C" in order to update the license fees for unspayed or unneutered dogs under and over the age of six months. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Local Laws/Streets and Sidewalks (CPH)- Local Law No. 4:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing March 3rd, 2003, commencing at 7:41 P.M., local time, to consider proposed Local Law No. 4 of the Year 2003, Adding Chapter 197 entitled "STREETS AND SIDEWALKS", to the Code of the Town of Clay. The purpose of this proposed new chapter is to set forth snowplowing regulations, liability of abutting owner or occupant and penalties for offenses. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Three Rivers Point Development Project:

Councilor Bray moved the adoption of a resolution calling a Joint public hearing between the Town of Clay Town Board and the Onondaga County Industrial Development Agency pursuant to Article 2 of the Eminent Domain Procedure Law and Article 8 of the Environmental Conservation Law on March 3rd, 2003 commencing at 7:44 P.M., local time at the Town of Clay Town Hall at 4483 State Route 31, in the Town of Clay to hear all interested parties concerning the proposed Three Rivers Point Redevelopment Project ("Project"), including the proposed acquisition by eminent domain or otherwise of one or more of the following properties in connection with the project: 8879 Oswego Road, Town of Clay, Tax Map No. 17, Block 1, Parcel 2.1, 2.2 and 2.3. The purpose of the public hearing is to review and consider the public uses to be serviced by the proposed project, the impact upon the environment and the residents of the Town of Clay and the County of Onondaga and, the location and alternative locations for the proposed project, and, if necessary, the acquisition of the specified property by eminent domain, condemnation or otherwise. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Highway/Purchase - Dump Plow/Sander:

Councilor Ulatowski, moved the adoption of a resolution authorizing the purchase of ONE (1) 2003 FREIGHTLINER FLD112D TANDEM AXLE DUMP PLOW/SANDER under NYSOGS Contract Award 2003 – State Contract No. PC59773 – Item 4, Contractor: Tracey Freightliner, 6803 Manlius Center Road, East Syracuse, New York 13057, in an amount not to exceed the sum of $125,000.00 for use by the Highway Department. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Personnel - Employee Handbook:

Councilor Ulatowski moved the adoption of a resolution adopting changes to the Town of Clay Employee Handbook and general town employee policy with regard to employee insurance benefit eligibility. The Handbook shall also be changed to conform to the terms of the current collective bargaining agreement with Teamsters Local 317. Said changes shall affect all employees of the Town of Clay and shall become effective immediately. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:12 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-5 and Noes-0. Carried.




Archived Minutes