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

PRESENT:

Mark Rupprecht Supervisor
James Rowley Councilor/Deputy Supervisor
David R. Palmer Councilor
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

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 November 5, 2003. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

None.

Budget - Fire Budget for the Year 2004:

Councilor Rowley moved the adoption of a resolution reducing the requested amount of the fire budget by $31,000. Motion was seconded by Councilor Ulatowski.

Supervisor Rupprecht commented that the Board will be working further towards future economies with regard to insurance.

Ayes-7 and Noes-0. Carried.

Councilor Rowley moved the adoption of a resolution approving the adoption of the 2004 Fire Budget for the Town of Clay, as amended. Motion was seconded by Councilor Ulatowski.

Supervisor Rupprecht noted that the fire district rate will be $18.14 per thousand assessment.

Ayes-7 and Noes-0. Carried.

Budget - Town of Clay Budget for the Year 2004:

Councilor Rowley moved the adoption of a resolution authorizing the decrease in the General Fund estimated revenue account 2801 interfund transfers from $180,000 to $9,000 - a decrease of $171,000 and authorizing the appropriated surplus of an additional $171,000 for a total appropriated fund balance to increase from $1,643,177 to $1,814,177 (the tax levy and proposed 2004 rate remains the same). And be it further resolved that the General Fund Outside Village include a revenue estimate interfund transfers account 2801 in the amount of $171,000 and that the amount to be raised by tax be reduced by $171,000 from $1,932,562 to $1,761,562 and that the tax rate be reduced by $1.41 per thousand from a preliminary rate of $15.96 per thousand to a rate of $14.55 per thousand. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

Councilor Rowley moved the adoption of a resolution approving and adopting the Preliminary Budget as the Town of Clay Budget for the Year 2004, as amended. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Zone Change (PH) - Town Board Case #889 - JOLU DEVELOPMENT COMPANY and JOHN G. TOOLEY and ALEXANDER J. TOOLEY:

A public hearing to consider the application of JOLU DEVELOPMENT COMPANY and JOHN G. TOOLEY and ALEXANDER J. TOOLEY for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1) District on property located at 5401- 5501 State Route 31, being the northwest corner of Route 31 and the Town of Clay/Cicero town line (Tax Map No. 051.-01-02.1.) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Nick Ianuzzi located the parcel by zoning map. It borders the Town of Cicero, and they are proposing single family homes in the Town of Clay.

Councilor Bray noted that the County has a general concern for the northern area and the town's industrial zone which is near this site. The Towns of Clay and Cicero and the Onondaga County Industrial Agency are interested in a study of land use and transportation north of Route 31.

Mr. Ianuzzi explained that the proposed land use for the Cicero side of this development consists of apartments, office buildings and multi residential housing. The Clay side will be divided into 13,000 to 14,000 square foot lots for approximately 100 single family homes.

Councilor Palmer stated that he felt it was appropriate to prepare a land use study of this area of Route 31.

Mr Ianuzzi said that there is a 1,000 foot distance between this parcel and the parcel that is zoned for industrial use.

Supervisor Rupprecht said that he felt Route 31 would eventually be a four lane highway from Henry Clay Boulevard to the Cicero town line.

Councilor Palmer asked how many curb cuts there would be into this development and Mr. Ianuzzi said one on the Clay side.

Councilor Bray noted that the Town of Cicero already has concerns with the traffic from our town line to Route 81.

Supervisor Rupprecht read the Onondaga County Planning Board's recommended modifications before the Town Board approves the request and their comments for afterwards, should the Town Board grant the request.

Commissioner Tessier noted the Town Planning Board's recommended approval with a six to one vote. The dissenting voter wanted a traffic study done and also would like the applicant to consider an R-1A zoning classification.

Councilor Bray said there should be a joint meeting of the Clay and Cicero Planning Boards.

Mrs. Dimento stated that this proposed development is next to her land and she feels it will be too many houses. She is also concerned with traffic.

Janet Curtin also voiced concerns regarding traffic.

June Baycura commented that there are more houses being built on the south side which will also add to the traffic. She feels there should be a comprehensive plan for that area and another for Ver Plank Road, as the Town needs another east/west highway.

Dave Arnold said that the Town's current plan is to keep requirements for lots north of Route 31 at two and one half acres per residence, and these proposed houses will have smaller lots. He feels a comprehensive plan should be in place before any approvals for housing to the north can be granted.

Russ Mitchell said he also feels Clay and Cicero should get together to prepare a plan, and that he is against this development.

Councilor Bray stated that this is exactly what they have talked about in a joint meeting, that there be a plan for development.

Supervisor Rupprecht said that he wanted to wait until the new officials were on board in January in the Town of Cicero. He noted that the Town is not required to act on this zone change, that there is no rush to make a decision.

Councilor Palmer said he agreed with the requirement of a traffic study, and that it should include Route 31's intersections with Route 11 and Route 81.

Nick Ianuzzi said they would do a traffic study.

Councilor Rycraft made a motion to table this public hearing. There was no second and the motion failed.

Douglas Wickman encouraged the Town to set limits for the extent of the traffic study.

After a brief discussion it was suggested that the study reflect traffic flow for the intersections with Route 31 from Stearns Road to Route 81.

Robert Curtin said that the houses would generate children and then school buses.

Councilor Palmer moved the adoption of a resolution adjourning this public hearing to January 5, 2004, to commence at 7:35 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Zone Change (CPH) - Town Board Case #890 - GROUP ONE DEVELOPMENT, LLC:

A public hearing to consider the application of GROUP ONE DEVELOPMENT, LLC, for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1B) District on property located at 8500± Henry Clay Blvd., being on the east side of Henry Clay Blvd., south of State Route 31 (Tax Map No. 061.-01-06.1.) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht explained that the public notice stated that this development would be for 100 houses and that that was a misprint. The planned houses is only for 42 residential homes.

Nick Ianuzzi located the proposed development by zoning map. It is on the east side of Henry Clay Boulevard and will include approximately forty single family homes on 40,000 square foot or larger lots. They would like it if the sewers could extend to this development, but obtaining easements is a problem. These houses will be served by a septic system.

Councilor Palmer asked if sewers were approved, would they come back for 100 homes that could then be built. Mr. Ianuzzi said that even if sewers became available in the future the property would remain as they have requested, forty lots.

Bill Carnifax said he was opposed to 40 homes. Mike Alt agreed, and added that they were concerned about traffic and the effect these septic systems would have on their wells.

Shirley Santaferra and Kathy Mancini also voiced concern for increased traffic.

Karen Powers said she has difficulty now crossing the road to get her mail due to the present traffic.

Questions were asked about the water line that would go in and if they could connect to it. Mr. Ianuzzi said those residents in proximity of the line could tap in at their own expense.

A petition with twenty-eight names was presented to the Town Board. Supervisor Rupprecht stated that a copy would also go to the Planning Board.

Mr. Ianuzzi was asked what the cost of the homes would be and he said $250,000 to $400,000.

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

The Supervisor called at brief recess at 9:40 P.M. The meeting was called back to order at 9:50 P.M.


Lighting - Street Lights:

Councilor Ulatowski moved the adoption of a resolution authorizing the installation of fourteen (14) 100 watt high-pressure sodium streetlights mounted on sixteen foot (16') fiberglass embedded poles on DONGARA LANE (between 5002/5004, 5007/5009, 5010/5012, 5015/5019, 5022/5024, 5027/5029), ERNEST WAY (at 4904 and between 4907/4909, 4908/4912, 4918/4920, 4927/4929, 4935/4937), BARCALDINE DRIVE (between 5312/5314), HARRIET FISHER DRIVE (between 5201/5203, 5208/5210) and one (1) 100 watt high-pressure sodium streetlight at the corner of LAWTON ROAD and DONGARA LANE. The estimated annual cost of $3,850.00 is to be charged to the LAWTON VALLEY HUNT LIGHTING DISTRICT and $100.00 to the TOWN OF CLAY CONSOLIDATED LIGHTING DISTRICT. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Lighting - MALTAGE DRIVE and WETZEL ROAD:

Councilor Ulatowski moved the adoption of a resolution authorizing the installation of one (1) 100 watt high-pressure sodium streetlight at the intersection of MALTAGE DRIVE and WETZEL ROAD. The annual estimated cost of $100.00 is to be charged to the Town of Clay Consolidated Lighting District. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Appointment - CLAY VOLUNTEER FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving the appointment of DANIEL R. NIGHTINGALE as volunteer member of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #892 - MUFALE LIMITED PARTNERSHIP:

Councilor Bray moved the adoption of a resolution calling a public hearing December 1st, 2003, commencing at 7:35 P.M., local time, to consider the application of MUFALE LIMITED PARTNERSHIP for a change of zone from Town House (R-5) District to Shopping Center (C-5) District on property located at the end of Pepperidge Way (Carling Road extension). Tax Map No. 055.-01-01.1. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Assessment/Taxation (CPH) - "Sliding Scale" (persons over 65 years of age):

Councilor Edick moved the adoption of a resolution calling a public hearing December 1st, 2003, commencing at 7:38 P.M., local time, to consider increasing the maximum income eligibility of the "sliding scale" from less than $29,900.00 to less than $32,399.00 for granting a partial exemption from real property taxation to persons over the age of 65. Motion was seconded by Councilor Rowley .

Ayes-7 and Noes-0. Carried.

Assessment/Taxation - "Sliding Scale" (persons with disabilities):

Councilor Edick moved the adoption of a resolution calling a public hearing December 1st, 2003 commencing at 7:41 P.M., local time, to consider increasing the maximum income eligibility of the "sliding scale" from less than $29,900.00 to less than $32,399.00 for granting a partial exemption from real property taxation to persons with disabilities and limited income. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Zone Change (CPH) - Town Board Case #891- INSTALLATIONS UNLIMITED OF C.N.Y., INC., and RONALD BOUKAIR:

Councilor Bray moved the adoption of a resolution calling a public hearing December 15th, 2003, commencing at 7:35 P.M., local time, to consider the application of INSTALLATIONS UNLIMITED OF C.N.Y., INC., and RONALD BOUKAIR for a change of zone from Gasoline Service Facilities (C-4) District to Shopping Center (C-5) District on property located at 3812 Brewerton Road. (Tax Map No., 118.-01-09.1) Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Authorization/Land purchase:

Councilor Ulatowski moved the adoption of a resolution authorizing and approving the Town Attorney to purchase a parcel of land located at 8885 Oswego Road (Tax Map No.: 017.-01-01.1) for a sum not to exceed $10,000.00, on behalf of the Town of Clay. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Project/Securities - HAMLIN FARM PROJECT:

Councilor Rowley 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 HAMLIN FARM PROJECT (Hamlin Farm Drainage District. Contract No. 1 Lateral and Hamlin Farm sanitary Sewer District, Contract No. 1 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 $15,000.00 to guarantee the cost of completing the overland drainage facilities and contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and C AND D MUFALE LIMITED PARTNERSHIP and THE MUFALE LIMITED PARTNERSHIP as well as posting of all necessary securities, payment of all engineering, legal and administrative fees, as well as future engineering fees that the Town accept title to such facilities. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Easement/Project - HAMLIN FARM PROJECT

Councilor Rowley moved the adoption of a resolution accepting an easement for drainage and sewer facilities located within the HAMLIN FARM PROJECT (Hamlin Farm Drainage District. Contract No. 1 Lateral and Hamlin Farm sanitary Sewer District, Contract No. 1 Lateral) from C AND D MUFALE LIMITED PARTNERSHIP and THE MUFALE LIMITED PARTNERSHIP. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:58 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Carried.






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