February 2, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 2nd of February, 2004 at 7:30 P.M., there were:

PRESENT:

Mark Rupprecht              Supervisor
James Rowley                  Councilor/Deputy Supervisor
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
Clarence A. Rycraft      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 January 21, 2004. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Correspondence/Other Business:

David Arnold stated that he felt it was unethical for the Town Board to approve the creation of the Belgium Sewer District on the same night as its public hearing. He would like to take his complaint to the Ethics Board. The Supervisor asked Mr. Arnold if he was alleging a conflict of interest and Mr. Arnold said no. Both the Supervisor and the Town Clerk indicated that the Ethics Board is for conflicts of interest and so this does not apply. 

Zone Change (A) - Town Board Case #894 - L.R.C., LLC:

Councilor Rowley moved the adoption of a resolution approving the application of L.R.C. LLC, for a change of zone from Gasoline Service Facilities (C-4) District to Office and Retail Store (C-2) District, on property located at 7666 Morgan Road (Tax Map No.: 095.-02-05.0). Motion was seconded by Councilor Edick.

Supervisor Rupprecht commented that the Town has the right to expect the building to be demolished, if no progress is taken with regard to this project.

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

Carried.

Length of Service Awards Plan - Moyers Corners Fire Department, Inc. and Clay Volunteer Fire Department, Inc.:

Councilor Bray moved the adoption of a resolution approving the amendment to the LENGTH OF SERVICE AWARDS PLAN with regard to MOYERS CORNERS FIRE DEPARTMENT, INC., and CLAY VOLUNTEER FIRE DEPARTMENT, INC., by eliminating the one-year of service requirement in order to be eligible for life insurance in the Plan. This amendment applies only to life insurance and at no additional cost. Subject to legal review. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Project/Sewer - Hickory Hill Golf Course – Essig Family LLC:

Councilor Rowley moved the adoption of a resolution directing and authorizing the Supervisor to make application to Audit and Control (State Comptroller's Office) for the Town of Clay for permission to establish a sanitary sewer district, pursuant to Section 194 of the Town Law of the State of New York, and that such proposed district shall be designated and known as "BELGIUM SEWER DISTRICT"; that it has been determined that such proposed sanitary sewer district is in the public interest; will not cause undue burden on the property which will bear the cost thereof; that the cost of such improvement is to be assessed in whole or in part against a benefitted area and that all property to be assessed will be benefitted by the proposed improvement and that no benefitted property has been excluded all pursuant to Section 85.3b of Chapter III of 2 NYCRR. It is estimated that the cost of such improvement is $179,000.00 of which $70,000.00 will be paid by the developer, $70,000.00 Community Development Funds, and the balance of $39,000.00 being paid by the Town of Clay by the issuance of a $39,000.00 Bond Resolution, which shall be subject to the approval of Audit and Control. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Project/Sewer/Finance - Hickory Hill Golf Course – Essig Family LLC:

Councilor Ulatowski moved the adoption of a resolution that the Bond Resolution in the amount of $39,000.00 and the advertisement for bids for the construction of the BELGIUM SEWER DISTRICT, PUMP STATION AND FORCE MAIN passed at the January 21st, 2004 be rescinded. (These resolutions will be acted upon at a later date and are subject to approval by Audit and Control). Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Agreement - SYRACUSE TIME & ALARM CO., INC.:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to execute a Commercial Central Station Monitoring Agreement with SYRACUSE TIME & ALARM CO., INC., and a Subscriber Monitoring Agreement with EMERGENCY 24, for a term of one year, commencing February 2, 2004 for the total sum of $336.00. Subject to approval as to form and content by the Town Attorney. (Agreement is for the security and fire alarm systems and monitoring thereof at the new Town Hall) Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Agreement - UPSTATE TEMPERATURE CONTROL, INC.:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to execute a HVAC Mechanical Contract with UPSTATE TEMPERATURE CONTROL, INC., for a term of two years in the amount of $ 8,080.00 per year. (Subject to approval by the Town Attorney as to form and content). Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Authorization/Municipal Code - Budget Billing Plan for 2004 Clay Code Maintenance:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to execute the renewal agreement for the Budget Billing Plan for 2004 Clay Code Maintenance in the amount of $2,200.00. Payments to be made semi-annually. ($1,100.00 in January and in July). Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Project/Drainage/Sewer - CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT:

Councilor Ulatowski 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 CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT (Euclid Sewer District, Extension No. 7, Contract No. 1 Lateral and Clay First Associates Drainage 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 $5,000.00 to guarantee the cost of completing the overland drainage facilities (receipt of which is hereby acknowledged), repair and maintenance security, engineering, and future engineering fees as outlined in correspondence under date of January 30, 2004 from C & S Engineers, as well as legal fees, and further contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and CLAY FIRST ASSOCIATES that the Town accept title to such facilities. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Easement/Project - HAMLIN FARM/ CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT:

Councilor Edick moved the adoption of a resolution accepting an easement for drainage and sewer facilities from THE MUFALE LIMTED PARTNERSHIP, THE C AND D MUFALE LIMITED PARTNERSHIP and CLAY FIRST ASSOCIATES, LLC located within the HAMLIN FARM/ CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT all as shown on a Final Plan of Hamlin Farm prepared by Ianuzi & Romans, Land Surveying, P.C., Licensed Land Surveyors of Liverpool, New York dated April 7th, 2003, last revised November 7, 2003 and filed in the Onondaga County Clerk's Office on January 14th, 2004 as Map No. 9826. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Deed/Project - HAMLIN FARM/ CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT:

Councilor Bray moved the adoption of a resolution accepting a deed for highway purposes from THE MUFALE LIMTED PARTNERSHIP, THE C AND D MUFALE LIMITED PARTNERSHIP and CLAY FIRST ASSOCIATES, LLC located within the HAMLIN FARM/CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT all as shown on a Final Plan of Hamlin Farm prepared by Ianuzi & Romans, Land Surveying, P.C., Licensed Land Surveyors of Liverpool, New York dated April 7th, 2003, last revised November 7, 2003 and filed in the Onondaga County Clerk's Office on January 14th, 2004 as Map No. 9826. (Pepperidge Way) Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Project/Securities - DELL CENTER SECTION NO. 3 (Clay Shopping Center):

Councilor Ulatowski moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of the remaining $10,000.00 security posted for the construction of the sewer facilities Clay Shopping Sewer District, Contract No. 1 Lateral, and $3,000.00 for Gaskin Road Sewer District, Extension No. 1, Contract No. 4 Lateral and for the remaining $40,000.00 security posted for the construction of drainage facilities Clay Shopping Center Drainage District, Contract No. 1 Lateral and $2,550.00 for Grossman's Drainage District, Contract No. 4 Lateral located within the DELL CENTER SECTION NO. 3 (Clay Shopping Center) to the developer COR ROUTE 31 DEVELOPERS. The Town Engineers have made an inspection of said subdivision and found the facilities to be complete. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 7:58 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-5 and Noes-0. Carried.




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