March 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 March, 2003 at 7:30 P.M., there were:

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

ABSENT:       David R. Palmer             Councilor

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

Supervisor Rupprecht asked for a moment of silence in memory of the former Supervisor Patrick M. DiDomenico who passed on, on February 8th, 2003.

Supervisor Rupprecht acknowledged the Proclamation received from the Town of LaFayette expressing Patrick DiDomenico's contributions to the community and the expression of their sympathy for the family and the Town.

Approval of Minutes:

Councilor Ulatowski moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on February 3, 2003 and the Special Town Board Meeting held on February 17, 2003. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Appointment:

Supervisor Rupprecht appointed James Rowley as Deputy Supervisor.

Correspondence/Other Business:

The Supervisor said he has received correspondence from Christopher Community asking for people interested in being on a mailing list, for an application, for housing in their new Byrne Manor Apartments located at 4122 Pine Hollow Drive. These names must be received within two weeks. It is for those 62 or older with limited incomes.

Bobbi Harrison, Resource Educator, Cornell Cooperative Extension gave an overview of this undertaking by Cooperative Extension. At the request of the Syracuse-Onondaga County Planning Agency they completed a resource guide, the Municipal Reference for Agricultural Land Use Planning. This tool is based on conversations with farmers and non farmers about concerns over land use planning during the process of comprehensive planning and the resulting zoning regulations. This is a resource for towns to use when planning developments. She suggested that the Town form an Agricultural committee.

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

A public hearing 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 § 69-6F(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 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

The Supervisor explained that this was to include Bordetella and Rabies shots and to edit the name of the service provider to the term contractor, so that when the Town changes the provider the law doesn't need to be revised each time. The Town now has a contract with the Animal Kingdom Veterinary Hospital and not with the SPCA.

Dave Arnold commented that he thought it was better that we are using a local business.

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

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

Councilor Rowley moved the adoption of a resolution that the 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 § 69-6F(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 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 Bray.

Ayes-5 and Noes-0. Carried.

Local Laws/Fees (PH) - Local Law No. 3:

A public hearing 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" and setting forth a fee of $12.00" for dogs 6 months or older. The purpose of the proposed amendment is to amend § 69-7, subparagraph "B" and to 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 and to set forth the fee of dogs over the age of six months was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. 

The Supervisor explained that this local law is to correct the fees in the Municipal Code.

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

Local Laws/Fees (SEQR) - Local Law No. 3:

Councilor Ulatowski moved the adoption of a resolution that 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" and setting forth a fee of "$12.00" for dogs 6 months or older 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 Bray.

Ayes-5 and Noes-0. Carried.
Local Laws/Streets and Sidewalks (PH)- Local Law No. 4:

A public hearing 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 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht explained that the Town has not asked the developers to provide sidewalks, but at some intersections such as the one at Route 57 and Route 31, the state had to include them. This ordinance would require the abutting property owner to keep them clear.

Councilor Bray asked if there were other areas in the Town that had sidewalks who would be impacted by this local law. The Supervisor said there were also some sidewalks on Blackberry Road in Bayberry and the State will be putting in sidewalks across Mud Creek Bridge when the road gets widened.

Ernie Roosevelt, a resident, said he felt it would be a hardship for the property owners, because of the amount of snow left by the plows. The Supervisor said they were working on a cooperative agreement.

Todd Weller said he would like the Town to take care of the sidewalks until this law goes into effect.

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

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

Councilor Ulatowski moved the adoption of a resolution that proposed Local Law No. 4 of the Year 2003, Adding Chapter 197 entitled "STREETS AND SIDEWALKS", to 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 Local Law 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 Rowley.

Ayes-5 and Noes-0. Carried.

Three Rivers Point (Joint PH) - Eminent Domain Procedure Law:

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 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.

Robert Germain, the Town Attorney, gave a presentation as required by law. Doug Young, representing the owner, Mr. Vigliotti, gave their opposition to the project. 
No questions were taken at this hearing, only comments. A couple people spoke against this proposed project and quite a number of people spoke in favor of this project, mostly because of the sewage that overflows and floats up on their docks, the conditions of the apartment building, and that if the owner really wanted to improve it, he would have done it long ago. A couple people voiced concern for traffic if there is future development. 

The Supervisor informed all present that written comments will be taken from anyone for the next ten days and that no further action will be taken this evening. Supervisor Rupprecht closed the public hearing.

Three Rivers Point - Eminent Domain Procedure Law:

No action taken.

The Supervisor called a brief recess at 8:53 P.M. The meeting was called back to order at 9:10 P.M.

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

No action taken.



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

Councilor Rowley moved the adoption of a resolution denying 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) Motion was seconded by Councilor Rycraft.

Supervisor Rupprecht noted that in 1993 the owner offered a restrictive covenant. He feels there are concerns regarding traffic, noise etc. He doesn't feel that it has been proven that anything has changed to lift the restriction of a car wash, and sees no reason to do it.

Supervisor Rupprecht – yes Councilor Rowley – yes
Councilor Rycraft - yes Councilor Bray – yes
Councilor Ulatowski – yes 

Carried.

Bond Resolution/Purchase:

Councilor Ulatowski moved the adoption of a $125,000.00 Equipment Bond Resolution for the purchase of ONE (1) 2003 FREIGHTLINER FLD112D TANDEM AXLE DUMP PLOW/SANDER for use by the Highway Department. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Appointment - CLAY VOLUNTEER FIRE DEPARTMENT, INC:

Councilor Rowley moved the adoption of a resolution approving the appointment of JEFFREY J. ROMANICK and CHARLES R. SIMS as volunteer members of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Authorization - Stormwater Discharges:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to sign the application for a SPEDES General Permit for Stormwater Discharges as required by the NYSDEC pursuant to Article 17, Titles 7, 8, and Article 70 of the Environmental Conservation Law. 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 turn-a-round 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.

Authorization/Water District - NORTH AREA WATER SUPPLY DISTRICT:

Councilor Bray moved the adoption of a resolution approving and authorizing the execution of a LEASE AGREEMENT between the TOWN OF CLAY and OCWA regarding the lease, maintenance, repair and operation of the NORTH AREA WATER SUPPLY DISTRICT (Project No. AP3664) by OCWA for a term of 40 years. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

License (CPH) - CASUAL ESTATES MOBILE HOME COURT:

Councilor Rowley moved the adoption of a resolution calling a public hearing March 17th, 2003, commencing at 7:35 P.M., local time, to consider the application of CASUAL ESTATES MOBILE HOME COURT for the renewal of its license for the year 2003. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Contract - TOWN OF CLAY LANDFILL POST CLOSURE ENVIRONMENTAL MONITORING PROGRAM:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to execute a contract with C & S ENGINEERS, INC., for services to be rendered for the year 2003 in compliance with the DEC Regulations for the TOWN OF CLAY LANDFILL POST CLOSURE ENVIRONMENTAL MONITORING PROGRAM. Said services not to exceed the sum of $16,728.00, which amount includes an estimated $9,857.00 for laboratory testing. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Project/Securities (release) - THE VILLAGES AT FAIRWAYS EAST, SECTION NO. 1:

Councilor Rowley moved the adoption of a resolution, pursuant to the written recommendation of the Superintendent of Highway, authorizing the release of 50% of the original amount posted for Highway Construction Guarantee by BARBET DEVELOPMENT CORPORATION for THE VILLAGES AT FAIRWAYS EAST, SECTION NO. 1 (Trellis Brook Lane 1158' x 22', Trellis Brook Lane 498' x 36' and Green River Way 420' x 22') Gravel, gutters and binder are in place in accordance with Town Highway Specifications. (Security posted in form of Letter of Credit) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Contract/Sewer - HORSESHOE ISLAND SANITARY SEWER DISTRICT:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to execute a contract between the TOWN OF CLAY and SYRACUSE CONSTRUCTORS, INC., for the construction of the HORSESHOE ISLAND SANITARY SEWER DISTRICT. (Contract only was awarded by Town Board on November 6th, 2002.) Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Town of Clay Main Streets:

Supervisor Rupprecht moved the adoption of a resolution creating Town of Clay Main Streets Project;

WHEREAS, it is the intent of the Town of Clay to establish a Town of Clay Main Streets Project within the guidelines established in the Community Development Commercial Rehab Target program to encourage the replacement of drab, out of date exteriors and signage with a more upscale look for the business corridor through the use of standardized signage, new siding or exterior renovations, street trees, street banners, and where possible, driveway interconnections. 


WHEREAS, The boundaries of the proposed project are on Route 57 from the Town Line North to the intersection of Maryland for the Southern Route 57 Main Street Program, 500 yards in either direction from the intersection of Morgan Road and Route 31 for the Euclid Main Street Program, and 500 yards in either direction of the Clay Historic Park on Route 31 for the Clay Main Street Project. For the purposes of Community Development program, these areas are considered blighted; and

NOW, THEREFORE, be it resolved that Route 57 from the Town Line North to the intersection of Maryland are designated as the Southern Route 57 Main Street Program, 500 yards in either direction from the intersection of Morgan Road and Route 31 are designated as the Euclid Main Street Program, and 500 yards in either direction of the Clay Historic Park on Route 31 for the Clay Main Streets Project; and

BE IT RESOLVED AND ORDERED that the Town Clerk file a certified copy of this resolution and the Supervisor is hereby authorized to sign any and all necessary contracts and documents to implement the intent of this resolution. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:44 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-5 and Noes-0. Carried.







Archived Minutes