March 17, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 17th of March 2003 at 7:30 P.M., there were:

PRESENT:    Mark Rupprecht            Supervisor
                    James Rowley                Councilor
                    Clarence A. Rycraft        Councilor
                    Naomi Bray                    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.

Approval of Minutes:

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

Ayes-5 and Noes-0. Carried.

Correspondence/Other Business:

None.

License (PH) - CASUAL ESTATES MOBILE HOME COURT:

A public hearing to consider the application of CASUAL ESTATES MOBILE HOME COURT for the renewal of its license for the year 2003 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

The Supervisor asked for a report from the Commissioner of Planning and Development, David Tessier, and he stated that his staff had done an inspection of the mobile home court. There were some violations, of which most have been taken care of, and the remaining ones will be taken care of in the next month. The weather has delayed taking care of these last ones. Supervisor Rupprecht asked the Commissioner to report back to him in May with regard to the violations and Commissioner Tessier said that he would.

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

Councilor Rowley moved the adoption of a resolution approving 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 adding § 69-6F(4) Bordetella (Kennel Cough) and § 69-6G(5) Rabies (dog or cat) and under "Fee" eliminating a dollar amount and/or SPCA RATE for the aforementioned sections and inserting CONTRACTOR'S RATE. The purpose of this 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 Rycraft.

Ayes-5 and Noes-0. Carried.

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

Councilor Rowley moved the adoption of a resolution approving Local Law No. 3 of the Year 2003, Amending Chapter 69 entitled "ANIMALS", Section 69-7 License fees, Subparagraph "B." adding after "For each unspayed or unneutered dog" the words "under the age of 6 months", adding 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 this amendment is to amend § 69-7, subparagraph "B", adding 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 setting the fee of $12.00 for dogs over the age of six months. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

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

Councilor Rycraft moved the adoption of a resolution approving 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 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.

License (A) - CASUAL ESTATES MOBILE HOME COURT:

Councilor Rycraft moved the adoption of a resolution approving 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.

Insurance Requirements by Town:

Councilor Rowley moved the adoption of a resolution authorizing and approving the amendment of the insurance requirements for the Comprehensive General Liability Insurance from $3,000,000.00 Prod./Comp.Op. Aggregate and General Aggregate to $2,000,000.00; and Owner's Protective Liability Insurance - Town of Clay as named insured, be amended from $3,000,000.00 aggregate to $2,000,000.00. All other coverage and requirements shall remain as previously required from all contractors and developers. Due to the insurance market and pursuant to the recommendation of the Town's insurance agency, the aforementioned amounts should be ample limits to protect the Town. The policies of insurance provided by any refuse district haulers, contractors, sub-contractors and/or developers will remain at their present coverage, as provided in their agreements, until they are renewed. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Sewer Connection - Tax Map No. 114.-02-08.1:

Councilor Ulatowski moved the adoption of a resolution authorizing a lateral sewer connection, pursuant to the written request of CARKNER CONSTRUCTION, LLC, (the property owner) to a Town of Clay sanitary sewer on Morgan Place for the proposed building at 4542 Morgan Place (Tax Map No. 114.-02-08.1). The cost of construction will be at no cost to the Town of Clay. The property owner agrees to pay all costs (Town and private) associated with the sanitary sewer connection as well as the Town of Clay Operation and Maintenance charges as annually assessed for three units per acre and the County Sanitary District charges. The property is currently located within the Woodard Sewer District. The owner further agrees to pay all annual Town and County charges thereafter. Contingent upon the property owner posting $200.00 estimated engineering fees as well as the estimated construction cost by J.J. Lane prior to construction. 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 CHRISTOPHER A. OLSON as a volunteer member of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Zone Change (CPH) - Town Board Case #881 - ANTHONY IANNO:

Councilor Rycraft moved the adoption of a resolution calling a public hearing April 7th, 2003, commencing at 7:35 P.M., local time, to consider the application of ANTHONY IANNO for a change of zone on property consisting of 27.14 acres, more or less, located at 3652 New York State Route 31, Tax Map No. 053.-01-09.1, as follows: on 21.6± ACRES from Agricultural (A-1) District to Town House (R-5) District and on 5.2± ACRES from Agricultural (A-1) District to Commercial (C-1) District. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Zone Change (CPH) - Town Board Case #882 - HEATHER ASSOCIATES, INC.:

Councilor Bray moved the adoption of a resolution calling a public hearing April 7th, 2003 commencing at 7:38 P.M., local time, to consider the application of HEATHER ASSOCIATES, INC., MERLE D. MELVIN, ESTATE OF CRANDALL MELVIN, JR., and MAY M. LEGG for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1) District on properties consisting of 219± acres, located at 5191 Guy Young Road (Tax Map No. 041.-02-01.1 – 46.66 acres), 5095 Guy Young Road (Tax Map No. 041.-02-02.1 – 86.43 acres) and Guy Young Road (Tax Map No. 041.-02-03.1 – 82.13 acres). Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 7:47 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-5 and Noes-0. Carried.








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