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

PRESENT:

Mark Rupprecht              Supervisor
James Rowley                  Councilor/Deputy Supervisor
Clarence A. Rycraft        Councilor
Naomi Bray                      Councilor
Damian M. Ulatowski     Councilor
Robert L. Edick                Councilor
Vivian I. Mason              Town Clerk
David Tessier                  Commissioner of Planning & Development
Robert Germain                Town Attorney
Doug Wickman               Town Engineer

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 Bray moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on September 15, 2003. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

June Baycura voiced concerns for the number of used cars for sale on Route 57 in commercial areas. She also thanked the Supervisor for his support of their request that there be more crosswalks on Route 57.

Town of Clay 2004 Budget:

The Town Clerk presented the 2004 TOWN OF CLAY TENTATIVE BUDGET to the Town Board members, pursuant to Town Law.

Supervisor Rupprecht gave a brief overview of the Town Budget proposed for the year 2004. The spending plan to be considered totals $10,163,961, and represents a 8.91% increase over 2003. Over half of this increase is attributable to the poor performance of the NYS Retirement Fund, which increases our mandatory contribution; increase in the cost of insurance and salary increases of 3%. The budget continues the Town's commitment to quality services. It includes the creation of a new position within the department of Planning and Development, for an additional planner, who will concentrate on bringing our GIS system on line. The necessary equipment for this will cost in excess of $50,000, beyond the payroll. The budget also includes funding for a planning study for the Route 31/Henry Clay Boulevard/Caughdenoy Road corridors North of Route 31 to better plan for future land uses adjacent to our Clay Industrial Park. Also included in the budget is $10,000 for the Cicero Teen Center.

There will be a tax increase of approximately $35 on a home valued at $100,000.

Zone change (SEQR) - Town Board Case #883 - DOMINICK FABRIZIO and CARMELA FABRIZIO:

No action taken.

Zone change (D) - Town Board Case #883 - DOMINICK FABRIZIO and CARMELA FABRIZIO:

Councilor Rowley moved the adoption of a resolution denying the application of DOMINICK FABRIZIO and CARMELA FABRIZIO for a change of zone from Agricultural (A-1) District to Office and Retail Store (C-2) District on property located at 7310 Oswego Road (Tax Map No. 114.-01-38). Motion was seconded by Councilor Rycraft.

Councilor Rowley stated that he feels this use is a too intensive for this area at this time.

Supervisor Rupprecht concurred with Councilor Rowley and added that there are mostly converted houses with businesses in them, and feels this C-2 zoning would be out of character.

Councilor Rycraft felt the Town was following the 1969 corridor plan and that he was in favor of denying this zone change for that reason.

Councilor Bray noted that the intent of a C-2 is that its development should be compatible with what exists. She feels the golf course gives the area open space and that concept should be continued in this area.

Supervisor Rupprecht – yes        Councilor Palmer – absent 
Councilor Rowley - yes                Councilor Rycraft – yes
Councilor Bray – yes                    Councilor Ulatowski – yes
Robert L. Edick – yes

Carried.

Zone change (PH) - Town Board Case #887 - ERIKSON LAND COMPANY, INC., and THOMAS W. CROSBY:

A public hearing to consider the application of ERIKSON LAND COMPANY, INC., and THOMAS W. CROSBY for a change of zone from Agricultural (A-1) District to Shopping Center (C-5) District on property located at 3577 State Route 31 (Tax Map No. 019.-02-29.1) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Robert Ventre gave a brief overview of the location of this parcel. It is on Route 31, just east of Maurer Funeral Home. The proposed building will be 3500 square feet and will be a Meineke Car Care facility (no body work or heavy engine repair). They will have a 200 foot frontage and the rear of the lot will be vacant for now. In the future a neighboring lot may be combined with this one, and if the rear is developed the same driveway would be used. This neighboring lot is to the east of 3577 State Route 31 and belongs to Mr. Erikson. They feel this is a local business and fits with the intent of the Town's land use study.

Councilor Ulatowski asked whether it would be a franchise or A locally owned business and Mr. Ventre said the franchise would be owned by Mr. Erikson and that the business would be mostly in and out the same day. There will be no storage area.

Councilor Rowley asked for the hours of operation and Mr. Ventre said 8:00 a.m. to 5:30 p.m. Monday through Friday and 8:00 a.m. to 3:00 p.m. Saturday.

Councilor Rycraft asked the size of the property and Mr. Ventre said three acres.

Supervisor Rupprecht commented that Fastrac has a lot of landscaping and that he hoped that similar enhancements would be offered.

Allan Leppert of Meineke said that the corporate point of view is that the presence of the building be appealing to the neighborhood.

Councilor Rycraft voiced concerns that businesses like this get shoddy after a few years and leave parts lying around. He said he would like this issue addressed if it goes to the Planning Board.

Commissioner Tessier noted that the applicant will also have to go up before the Zoning Board of Appeals to obtain a Special Permit to operate this business.

Dave Arnold said he felt this business should be in the shopping center not on a small lot.

Russ Mitchell questioned its compatibility to the funeral home. He also felt the Planning Board should give its recommendation before the Town Board holds their public hearing.

Supervisor Rupprecht said that the present procedure has worked well, as it brings out questions at each Board's public hearings.

Commissioner Tessier commented that the Onondaga County Planning Board took no position on the zone change. Supervisor Rupprecht noted that their only comment was, that for any future site plan, the applicant be allowed a single driveway onto Route 31, that must meet the requirements of the New York State Department of Transportation.

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

Special Districts/Drainage/Project (PH) - PINE GATE ACRES TRACT, SECTION NO. 12:

A public hearing to consider a petition for the construction and acquisition of a lateral drainage system located within the Pine Gate Drainage District to be designated and known as "PINE GATE DRAINAGE DISTRICT, CONTRACT NO. 14 LATERAL" (Pine Gate Acres Tract, Section No. 12) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Mike Petrie, who is representing the developer, located the project, which is in the Pine Gate Acres Tract, Section 12, off of Pine Gate Parkway. The project includes approximately 580 linear feet of 12-inch to 15-inch diameter storm sewers, approximately 670 linear feet of 8-inch diameter sump pump discharge pipe, swales, and related appurtenances. The facilities will be constructed by the developer and will be conveyed to the Town for operation and maintenance. The estimated cost is $40,000 and will be paid for by the Developer. Operation and maintenance costs will be assessed to the lots within the District at an estimated annual cost of $15.00 per lot.

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.

Special Districts/Sewer/Project (PH) - PINE GATE ACRES TRACT, SECTION NO. 12:

A public hearing to consider a petition for the construction and acquisition of a lateral sewer system located within the Euclid Sewer District to be designated and known as "EUCLID SEWER DISTRICT, CONTRACT NO. 32 LATERAL" (Pine Gate Acres Tract, Section No. 12) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Mike Petrie, who is representing the developer, located the project, which is in the Pine Gate Acres Tract, Section 12, off of Pine Gate Parkway. The project includes approximately 270 linear feet of 8-inch diameter sanitary sewers, and appurtenances. The facilities will be constructed by the developer and will be conveyed to the Town for operation and maintenance. The estimated cost is $14,000 and will be paid for by the Developer. Properties within the District will be charged approximately $15.00 per lot.

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.

Special Districts/Sewer/Project (PH) - PINE GATE ACRES TRACT, SECTION NO. 12:

A public hearing to consider a petition for the construction and acquisition of a lateral sewer system located within the Euclid Sewer District, Extension No. 7 to be designated and known as "EUCLID SEWER DISTRICT, EXTENSION NO. 1, CONTRACT NO. 3 LATERAL" (Pine Gate Acres Tract, Section No. 12) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Mike Petrie, who is representing the developer, located the project, which is in the Pine Gate Acres Tract, Section 12, off of Pine Gate Parkway. The project includes approximately 650 linear feet of 8-inch diameter sanitary sewers, and appurtenances. The facilities will be constructed by the developer and will be conveyed to the Town for operation and maintenance. The estimated cost is $32,000 and will be paid for by the Developer. Properties within the District will be charged approximately $15.00 per lot.

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.

Bid Award - CLAY BRUSH REMOVAL DISTRICT NOS. 2, 3, AND 4:

No action taken.

Bid Award - CLAY BRUSH REMOVAL DISTRICT NOS. 5, 7, AND 8: 

No action taken.

Bid - THE ROOF REPLACEMENT OF THE TOWN OF CLAY SENIOR CENTER:

Councilor Ulatowski moved the adoption of a resolution authorizing the advertisement of bids for THE ROOF REPLACEMENT OF THE TOWN OF CLAY SENIOR CENTER in the Town of Clay. Said Bids to be received until October 17th, 2003, at 11:00 A.M., local time. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Deed/Highway - Pine Gate Acres Tract, Section 11A:

Councilor Ulatowski moved the adoption of a resolution accepting a deed for highway proposed from GREENFIELD HOMES, LLC, as shown on a Map prepared by Ianuzi & Romans Land Surveying, P.C., dated February 6th, 2001, revised November 14th, 2001, and filed in the Onondaga County Clerk's Office, August 25th, 2003 as Map No. 9712, entitled Pine Gate Acres Tract, Section 11A. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Deed/Highway - Pine Gate Acres Tract, Section 13A:

Councilor Edick moved the adoption of a resolution accepting a deed for highway proposed from GREENFIELD HOMES, LLC, as shown on a Map prepared by Ianuzi & Romans Land Surveying, P.C., dated February 7th, 2001 and filed in the Onondaga County Clerk's Office, August 25th, 2003 as Map No. 9713, entitled Pine Gate Acres Tract, Section 13A. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Bond/Computers:

Councilor Edick moved the adoption of a Bond Resolution in the amount of $35,000.00 FOR THE PURCHASE AND INSTALLATION OF COMPUTER HARDWARE AND SOFTWARE IN VARIOUS TOWN DEPARTMENTS. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Agreement/Project - CARKNER SANITARY SEWER EXTENSION MORGAN PLACE:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with CARKNER DEVELOPMENT, LLC, for the development of a commercial subdivision to be known as "CARKNER SANITARY SEWER EXTENSION MORGAN PLACE". Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Project - THE VILLAGES AT FAIRWAY EAST, SECTION NO. 1, PHASE B AND SECTION NO. 2 TRACT:

No action taken.

Project - THE VILLAGES AT FAIRWAY EAST, SECTION NO. 3 TRACT:

No action taken.

Easement/Drainage - Kathleen Wioncek Subdivision:

Councilor Edick moved the adoption of a resolution accepting a 40' drainage easement from KATHLEEN A. WIONCEK for property located at 8627 Van Hoesen Road, as shown on a Final Plan prepared by R. J. Lighton, Sr., dated 06-02-03 for Kathleen Wioncek Subdivision. Contingent upon approval by the Town Attorney as to form and content. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Easement/Sewer - Cedar Hollow Subdivision:

Councilor Bray moved the adoption of a resolution authorizing the release of a Town of Clay 20' Sewer easement on Lots No. 19 and 20 of the Cedar Hollow Subdivision to JEFFREY S. and AMI D. LAMBERT (5475 Caughdenoy Road, Tax Map No. 078.-13-35.0), contingent upon the Lambert's posting $5,000.00 with the Town of Clay as a guarantee that after the work is performed on Lot Nos. 19 and 20 the affected area will be restored to original conditions. This deposit is separate from any legal or engineering fees that they are required to pay, and further contingent upon the Lambert's deposit, legal and engineering fees for this project. The proposed sanitary sewer lateral to be located within the road right-of-way will need to be constructed to the Town of Clay standards and the Lambert's are to comply with the requirements of C & S Engineers, Inc., correspondence to the Town under date of 9-30-03. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Sewer Lateral Connection:

Councilor Edick moved the adoption of a resolution authorizing a sewer lateral connection, pursuant to the written request of JEFFREY S. and AMI D. LAMBERT (the property owners) to a Town of Clay sanitary sewer located on Fir Drive (Tax Map No. 078.-13-35.0). The 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 one unit per acre and the County Sanitary District charges. The property is not located within an existing sewer district. The owner further agrees to pay all annual Town and County charges thereafter. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Easement - LIVERPOOL CENTRAL SCHOOLS FEDERAL CREDIT UNION:

Councilor Ulatowski moved the adoption of a resolution authorizing the release of a portion of a Town of Clay 20' Sewer easement on the Summit Dental Group property (Tax Map No. 095.-01-06.2 – 7547 Morgan Road) to LIVERPOOL CENTRAL SCHOOLS FEDERAL CREDIT UNION, contingent upon the Liverpool Central Schools Federal Credit Union posting $5,000.00 with the Town of Clay as a guarantee that after the work is performed that the affected area will be restored to original conditions. This deposit is separate from any legal or engineering fees that they are required to pay, and further contingent upon the Liverpool Central Schools Federal Credit Union deposit legal and engineering fees for this project. The proposed private sanitary sewer lateral will need to be constructed to the Town of Clay standards and the Liverpool Central Schools Federal Credit Union is to comply with the requirements of C & S Engineers, Inc., correspondence to the Town under date of 9-30-03. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Sewer Lateral Connection - LIVERPOOL CENTRAL SCHOOLS FEDERAL CREDIT UNION:

Councilor Ulatowski moved the adoption of a resolution authorizing a sewer lateral connection, pursuant to the written request of LIVERPOOL CENTRAL SCHOOLS FEDERAL CREDIT UNION (the property owners) to a Town of Clay sanitary sewer located behind the Summit Dental Group Property (Tax Map No. 095.-01-06.2). The 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 one unit per acre and the County Sanitary District charges. The property is not located within an existing sewer district. The owner further agrees to pay all annual Town and County charges thereafter. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Project - PINE GATE ACRES TRACT, SECTION NO. 12:

Councilor Rowley moved the adoption of a resolution that it is in the public interest that the Town of Clay approve the construction and acquire the public facilities located within PINE GATE ACRES TRACT, SECTION NO. 12 (Euclid Sewer District, Extension No. 1, Contract No. 3 Lateral, Euclid Sewer District, Contract No. 32 Lateral and Pine Gate Drainage District, Contract No. 14 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer GREENFIELD HOMES, LLC. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Appointments - MOYERS CORNERS FIRE DEPARTMENT, INC.- STATION 1:

Councilor Rowley moved the adoption of a resolution approving the appointment of MARK FEDORICH, CARL GRAVES and RYAN HODSON as volunteer members of the MOYERS CORNERS FIRE DEPARTMENT, INC.- STATION 1. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Appointment - MOYERS CORNERS FIRE DEPARTMENT, INC.- STATION 2:

Councilor Rowley moved the adoption of a resolution approving the appointment of ALFRED LANE as a volunteer member of the MOYERS CORNERS FIRE DEPARTMENT, INC.- STATION 2. Motion was seconded by Councilor Ulatowskli.

Ayes-6 and Noes-0. Carried.

Appointments - MOYERS CORNERS FIRE DEPARTMENT, INC.- STATION 3:

Councilor Rowley moved the adoption of a resolution approving the appointment of SHAWN MARSHALL as a volunteer member of the MOYERS CORNERS FIRE DEPARTMENT, INC.- STATION 3. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Appointment - MOYERS CORNERS FIRE DEPARTMENT, INC.- STATION 4:

Councilor Rowley moved the adoption of a resolution approving the appointment of PAUL BYERS, II (Bunkin since 8/18/02, now active as of 9/18/03) and FREDERICK SEARS as volunteer members of the MOYERS CORNERS FIRE DEPARTMENT, INC.- STATION 4. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Fire Hydrants - Gaskin Road Water Supply District, Extension No. 1:

Councilor Edick moved the adoption of a resolution approving the installation of three (3) fire hydrants in Gaskin Road Water Supply District, Extension No. 1 and authorizing the Supervisor to execute the OCWA fire hydrant application. (Kohl's Department Store, Clay Shopping Center – Fire Hydrant Nos. 10376, 10377 and 10378.) Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Project/Securities - MISTRAL KNOLL TRACT:

Councilor Edick moved the adoption of a resolution that the Town of Clay having conducted public hearings to consider the construction and acquisition of drainage, sewer and water facilities located within MISTRAL KNOLL TRACT (Elmcrest Sewer District, Contract No. 10 Lateral, DFB Drainage District, Contract No. 3 Lateral and Oswego Road Water District, Contract No. 52) 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 $3,000.00 to guarantee the cost of completing the overland drainage facilities (receipt of which is hereby acknowledged) and contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and J. ALBERICI & SONS, INC. that the Town accept title to such facilities. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Easement/Project - MISTRAL KNOLL TRACT:

Councilor Edick moved the adoption of a resolution accepting an easement for drainage, sewer and water facilities located within the MISTRAL KNOLL TRACT (Elmcrest Sewer District, Contract No. 10 Lateral, DFB Drainage District, Contract No. 3 Lateral and Oswego Road Water District, Contract No. 52) from J. ALBERICI & SONS, INC. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Budget (PH) - TENTATIVE BUDGET FOR THE TOWN OF CLAY FOR THE YEAR 2004:

Councilor Bray moved the adoption of a resolution calling an informational hearing on October 20th, 2003, commencing at 7:35 P.M., local time, to consider the TENTATIVE BUDGET FOR THE TOWN OF CLAY FOR THE YEAR 2004. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Meeting Cancellation and Rescheduling:

Councilor Ulatowski moved the adoption of a resolution canceling the regular Town Board Meeting of November 3rd, 2003 and rescheduling same to Wednesday November 5th, 2003, due to Election Day. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Special Districts/Water/Project (CPH) - Gantley Subdivision:

Councilor Bray moved the adoption of a resolution calling a public hearing October 20th, 2003 commencing at 7:38 P.M., local time to consider a petition for the creation of a water supply district to be designated and known as "OAK ORCHARD ROAD WATER SUPPLY DISTRICT". (Gantley Subdivision) Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Districts/Sewer/Project (CPH) - Carkner Sanitary Sewer Extension Morgan Place:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing October 20th, 2003 commencing at 7:40 P.M., local time to consider a petition for the construction and acquisition of a lateral sewer system located within the Woodard Sewer District to be designated and know as "WOODARD SEWER DISTRICT, CONTRACT NO. 27 LATERAL." (Carkner Sanitary Sewer Extension Morgan Place) Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Authorization - NYS Environmental Protection Fund Grant Application:

Supervisor Rupprecht moved the adoption of a resolution authorizing the Supervisor to execute a Letter of Intent with regard to NYS Environmental Protection Fund Grant Application for (SPEDES) Phase II Activities. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Easement - ST. ELIZABETH ANN SETON CHURCH:

Councilor Bray moved the adoption of a resolution to accept an easment for a 20' sewer easement from ST. ELIZABETH ANN SETON CHURCH. (St. Elizabeth Ann Seton Church Reverse Subdivision) Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Districts/Sewer/Project (CPH) - Coachman's Crossing Subdivision:

Supervisor Rupprecht moved the adoption of a resolution calling a public hearing October 20, 2003 commencing at 7:44 p.m. local time to consider the construction and acquisition of a sanitary sewer system to serve the Coachman's Crossing Subdivision to be designated and known as CAUGHDENOY ROAD SEWER DISTRICT, CONTRACT NO. 6 LATERAL, subject to satisfactory receipt of signed petition and posting of fees. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Special Districts/Drainage/Project (CPH) - Coachman's Crossing Subdivision, Section No. 5:

Supervisor Rupprecht moved the adoption of a resolution calling a public hearing October 20, 2003 commencing at 7:47 p.m. local time to consider a petition for the construction and acquisition of a drainage system to serve Coachman's Crossing Subdivision, Section 5, to be designated and known as CAUGHDENOY ROAD DRAINAGE DISTRICT, CONTRACT NO. 6 LATERAL, subject to satisfactory receipt of signed petition and posting of fees. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:20 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-6 and Noes-0. Carried.





Archived Minutes