December 1, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 1st of December 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 17, 2003. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

Supervisor Rupprecht announced that there may be a possible opening on the Planning Board and on the Zoning Board of Appeals. If anyone is interested they should send a resume to the Supervisor's office.

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

Councilor Rowley moved the adoption of a resolution that 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) is a Type 1 action which involves other permit granting agency outside the Town to whom notification must be given that a lead agency must be designated within 30 days. The Town Board proposes that without dissent from another agency the lead agency designated will be the Clay Town Board. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

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

No action taken as the previous resolution sets a time limit of 30 days.

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

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

Commissioner Tessier stated that he had spoken to the applicant and informed them that it was not necessary for them to be present for this hearing. The zone change is due to the shifting of the position of the road by the Planning Board at site plan review. This left a sliver of land (a .4 acre parcel) next to two lots that are zoned C-5 and approval of this request will conform them.

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

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

A public hearing to consider increasing the maximum income eligibility of the "sliding scale" from less than $29,900.00 to $32,399.00 for granting a partial exemption from real property taxation to persons over the age of 65 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

The Supervisor explained that New York State raises the income eligibility for this exemption and that the Town needs to adopt the change also.

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 those opposed, there were none. All persons wishing to be heard having been heard the hearing was closed.

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

A public hearing to consider increasing the maximum income eligibility of the "sliding scale" from less than $29,900.00 to $32,399.00 for granting a partial exemption from real property taxation to persons with disabilities and limited income was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht explained that this is to allow an income eligibility exemption for persons with disabilities.

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

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

Councilor Ulatowski moved the adoption of a resolution approving the increase in the maximum income eligibility of the "sliding scale" from less than $29,900.00 to $32,399.00 for granting a partial exemption from real property taxation to persons over the age of 65. Said increase to take effect January 1st, 2004. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

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

Councilor Ulatowski moved the adoption of a resolution approving the increase in the maximum income eligibility of the "sliding scale" from less than $29,900.00 to $32,399.00 for granting a partial exemption from real property taxation to persons with disabilities and limited income. Said increase to take effect January 1st, 2004. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Authorization - "10,000 Trees……And Growing":

Councilor Bray moved the adoption of a resolution authorizing and directing the Supervisor to make application for contributory reimbursement funds as part of the "10,000 Trees……And Growing" tree planting program, and upon approval of said request, to enter into and execute a project agreement with Niagara Mohawk, a National Grid Company, for such financial contribution to the Town of Clay. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Shift of Operations/Onondaga County Empire Zone:

No action need to be taken, as it is in the jurisdiction of the Village of North Syracuse.

Authorization - Town of Clay Memorial Tree and Beautification Project:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to make application to the New York State Department of Environmental Conservation for a project grant under the Urban and Community Forestry Program for the Town of Clay Memorial Tree and Beautification Project and further authorizing the execution of the necessary documents therefore. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Zoning (CPH) - Ordinance 2004-01 (amending Chapter 30):

Councilor Palmer moved the adoption of a resolution calling a public hearing December 15th, 2003 commencing at 7:41 P.M., local time to consider proposed "Ordinance 2004-01 Amending Chapter 230, entitled ‘ZONING, §230.7, R-1 One-Family Residential Districts, Paragraph B(6), §230.8, R-1A One-Family Residential Districts, Paragraph B(6), §230.9, R-1B One-Family Residential Districts, Paragraph B(6), and §230.10, R-2 One-Family Residential Districts, Paragraph B(6), by deleting the words "1,000 square feet" and adding in its place the words "2,000 square feet per lot" within each of the aforementioned residential zoning districts to the Code of the Town of Clay." The purpose of this amendment is to increase the square footage per lot within each of the above residential districts for park and recreation area from not less than 1,000 square feet per lot to not less than 2,000 square feet per lot. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

Local Law No. 1 of the Year 2004 (CPH):

Councilor Palmer moved the adoption of a resolution calling a public hearing December 15th, 2003, commencing at 7:44 P.M., local time, to consider proposed "Local Law No. 1 of the Year 2004 amending Chapter 105 entitled ‘FEES', ‘§105-4, Schedule of Fees', ‘A. Fees derived from Code Sections', ‘Chapter 230, Zoning, §§230-7B(6), 230-8B(6) 230-9B(6) and 230-10B(6)' under Subject –‘Fee in lieu of park and recreation area', and under Fee, by deleting the present words ‘$300.00 per lot' and adding the words ‘$500.00 per lot' to the Code of the Town of Clay". The purpose of this proposed Local Law is to establish such increases and set forth the per lot fee of $500.00 for the in lieu of park and recreation areas. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Project (Final Plans) - LAWTON VALLEY HUNT TRACT, SECTIONS NOS. 10 AND 11:

No Action. 

Securities (release)/Project - WILLOW STREAM WOODS TRACT, SECTION NO. 6 "C":

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of the security posted for the completion of the sanitary sewers, Gaskin Road Sewer District, Extension No. 1, Contract No. 17 Lateral from $4,665.00 to $0 and for completion of the storm sewers, Willow Woods Drainage District, Contract No. 8 Lateral from $1,835.00 to $0 located within WILLOW STREAM WOODS TRACT, SECTION NO. 6 "C" to the developer J. ALBERICI & SONS, INC. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Securities (release)/Project - WILLOW STREAM WOODS TRACT, SECTION NO. 7:

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of the security posted for the completion of the sanitary sewers, Gaskin Road Sewer District, Extension No. 1, Contract No. 18 Lateral from $3,000.00 to $0 and for completion of the storm sewers, Willow Woods Drainage District, Contract No. 9 Lateral from $4,350.00 to $0 located within WILLOW STREAM WOODS TRACT, SECTION NO. 7 to the developer J. ALBERICI & SONS, INC. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Securities (release)/Project - WILLOW STREAM WOODS TRACT, SECTION NOS. 8 & 9:

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of the security posted for the completion of the sanitary sewers, Gaskin Road Sewer District, Extension No. 1, Contract No. 18 Lateral from $7,000.00 to $0 and for completion of the storm sewers, Willow Woods Drainage District, Contract No. 9 Lateral from $10,150.00 to $0 located within WILLOW STREAM WOODS TRACT, SECTION NOS. 8 & 9 to the developer J. ALBERICI & SONS, INC. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Securities (release)/Project - WILLOW STREAM WOODS TRACT, SECTION NOS. 8 & 9:

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of the $5,000.00 security posted for the completion of the overland drainage facilities within the WILLOW STREAM WOODS TRACT, SECTION NOS. 8 & 9 to the developer J. ALBERICI & SONS, INC. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:15 P.M. upon motion by Councilor Bray and seconded by Councilor Palmer. Ayes-7 and Noes-0. Carried.






Archived Minutes