March 15, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 15th of March, 2004 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 Ulatowski moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on March 1, 2004. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

None.

Zone Change (SEQR) - Town Board Case #893 - WESTLAKE DEVELOPMENT, LLC, and CROSS OF CHRIST EVANGELICAL LUTHERAN CHURCH:

No action taken.

Zone Change (D) - Town Board Case #893 - WESTLAKE DEVELOPMENT, LLC, and CROSS OF CHRIST EVANGELICAL LUTHERAN CHURCH:

Councilor Rowley moved the adoption of a resolution denying the application of WESTLAKE DEVELOPMENT, LLC, and CROSS OF CHRIST EVANGELICAL LUTHERAN CHURCH for a change of zone from Agricultural (A-1) District to Office and Retail Store (C-2) District, on property located at 8131 Soule Road, at the northeast corner of Oswego Road (Tax Map No. 067.-01-06.2). Motion was seconded by Councilor Rycraft.

Councilor Rowley said he was voting for denial because he wants to stay true to the policy for limiting commercial development on the east side of Route 57.

Councilor Ulatowski stated that he has traveled Route 57 and sees no detriment to the neighborhood. He feels commercial services should be on Route 57 and was against denial of this zone change.

Supervisor Rupprecht said he agreed with Councilor Rowley and that the Town should limit development on the east side of Route 57.

Supervisor Rupprecht – yes Councilor Palmer – absent 
Councilor Rowley - yes Councilor Rycraft – yes
Councilor Bray – yes Councilor Ulatowski – no
Councilor Edick – no

Carried. (Denial)

Traffic & Vehicles (stop signs) PH:

A public hearing to consider amendment of Chapter 211 entitled Traffic and Vehicles to provide for STOP SIGNS one on the east side and one on the west side of PALOMINO PATH where it intersects with WINDGATE ROAD, and STOP SIGNS on HARVEST LANE where it intersects with PALOMINO PATH, thus creating a 3-WAY STOP, as a stop sign already exist on Palomino Path, and the installation of all necessary signs therefore was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Albert Roger, the applicant making this request, explained that with the curves and blind spots in the road, they are concerned with safety. It is unsafe for people walking or those backing out of their driveways. They believe the stop signs are needed to ensure safety.

Luanne Haskel stated that it was difficult to cross the road to go to the park due to visibility of the traffic around the blind curves.

Supervisor Rupprecht noted that the Commissioner of Public Safety was in favor of the signs due to line of sight at the intersections. The Highway Superintendent was also in favor of the stop signs.

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 (Water)/ PH - LAWTON VALLEY HUNT TRACT, SECTIONS NO. 10, 11 and future sections and

Special Districts (Lighting)/ PH - LAWTON VALLEY HUNT TRACT, SECTIONS NO. 10, 11 and future sections:

A public hearing to consider a petition for the creation of a water supply district within the Town of Clay to be designated and known as "LAWTON VALLEY HUNT WATER SUPPLY DISTRICT" (Lawton Valley Hunt Tract, Sections No. 10 , 11 and future sections.) 

and a public hearing to consider a petition for the extension of the Lawton Valley Hunt Lighting District to be designated and known as "LAWTON VALLEY HUNT LIGHTING DISTRICT, EXTENSION NO. 2" (Lawton Valley Hunt Tract, Sections No. 10, 11 and future sections.) were opened by the Supervisor. Proof of publications and postings were furnished by the Town Clerk.

Doug Wickman, the Engineer for the Town, gave a brief overview of each proposal. It is proposed to form the water district for the purpose of providing domestic and fire protection to 58 residential lots. The water mains will be constructed by the Onondaga County Water Authority and the annual and hydrant maintenance fee will be charged to the district.

With regard to the lighting district, it is proposed to form the district so that in the future when lights are requested by the residents the district will already have been formed.

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.

Zone Change (Acknowledgement of SEQR) - Town Board Case #895 - NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE: 

Councilor Ulatowski moved the following resolution:

The Town of Clay acknowledges receipt of the Draft Environmental Impact Statement as requested and its being reviewed pursuant to SEQRA Regulations with regard to the application of NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE for a change of zone of approximately 17.93 acres adjacent to New York State Route 31, from Apartment (R-4) District to Shopping Center (C-5) District; approximately 4.21 acres from Agricultural (A-1) District to Shopping Center (C-5) District and approximately 8.67 acres from Agricultural (A-1) District to Apartment (R-4) District, which totals 30.81 acres (being part of Tax Map Nos. 053.-01-21.1, 053.-01-22.1, 053.-01-23.1 and all of Tax Map No. 053.-01-24.1). Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Traffic & Vehicles (stop signs) (A):

Councilor Edick moved the adoption of a resolution approving amendment of Chapter 211 entitled Traffic and Vehicles to provide for STOP SIGNS one on the east side and one on the west side of PALOMINO PATH where it intersects with WINDGATE ROAD, and STOP SIGNS on HARVEST LANE where it intersects with PALOMINO PATH, thus creating a 3-WAY STOP, as a stop sign already exist on Palomino Path, and the installation of all necessary signs therefore. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Special Districts (Water)/ Project - LAWTON VALLEY HUNT TRACT, SECTIONS NO. 10, 11 and future sections:

Councilor Edick moved the adoption of a resolution approving the creation of a water supply district within the Town of Clay to be designated and known as "LAWTON VALLEY HUNT WATER SUPPLY DISTRICT". (Lawton Valley Hunt Tract, Sections No. 10, 11 and future sections.) Motion was seconded by Councilor Bray .

Ayes-6 and Noes-0. Carried.

Special Districts (Lighting)/Project - LAWTON VALLEY HUNT TRACT, SECTIONS NO. 10, 11 and future sections:

Councilor Edick moved the adoption of a resolution approving the extension of the Lawton Valley Hunt Lighting District to be designated and known as "LAWTON VALLEY HUNT LIGHTING DISTRICT, EXTENSION NO. 2". (Lawton Valley Hunt Tract, Sections No. 10, 11 and future sections.) Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Purchase/Highway - 2004 Sterling L9500 Tandem Axle Dump/Plow Truck:

Councilor Ulatowski moved the adoption of a resolution authorizing and approving the purchase of one (1) 2004 Sterling L9500 Tandem Axle Dump/Plow Truck for the Highway Department, from Tracey Road Equipment, Inc., 6803 Manlius Center Road, East Syracuse, New York 13057 under State Contract No. PC60770, Item 3, in an amount not to exceed one hundred twenty nine thousand and 00/100 ($129,000.00) dollars. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Agreement - New York State Emergency Management Office:

Councilor Bray moved the adoption of a resolution approving an agreement between the NEW YORK STATE EMERGENCY MANAGEMENT OFFICE ("SEMO") and the TOWN OF CLAY for the purpose of preparing an ALL HAZARD MITIGATION PLAN FOR THE TOWN OF CLAY and further authorizing the Supervisor to execute same and to submit the necessary All-Hazard Mitigation Planning Grant Timeline of Work Schedule and Estimated Budget to SEMO prior to the disbursement of any funding. (Clay applied to the Federal Emergency Agency ("FEMA") through SEMO for a grant under Pre-Disaster Mitigation planning and such application was approved by FEMA in the amount of $26,667.00, contingent upon aforementioned data being provided. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Project - LAWTON VALLEY HUNT TRACT, SECTIONS NO. 10:

Councilor Rowley moved the adoption of a resolution that the Town of Clay having conducted public hearings to consider the construction and acquisition of sewer and drainage facilities that are located only within LAWTON VALLEY HUNT TRACT, SECTION NO. 10 (Lawton Valley Hunt Sewer District, Extension No. 1, Contract No. 1 Lateral and Lawton Valley Hunt Drainage District, Extension No. 1, 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 $90,000.00 to guarantee the cost of completion of the overland drainage facilities, according to a list prepared by the Town Engineers under date of March 10th, 2004; post securities for highway construction, repair and maintenance for sewer and drainage facilities; payment of all legal, engineering and administrative fees, which include estimated future fees; and further contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and KELLY TOBIN DEVELOPMENT CORPORATION and providing to the Town of Clay, an executed Indemnification and Hold Harmless Agreement acceptable as to form and content by the Town Attorney, that the Town accept title to such facilities. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Project/Easement - LAWTON VALLEY HUNT TRACT, SECTIONS NO. 10:

Councilor Ulatowski moved the adoption of a resolution accepting the easements for drainage and sewer facilities located only within LAWTON VALLEY HUNT TRACT, SECTION NO. 10 from KELLY-TOBIN DEVELOPMENT CORPORATION, contingent upon approval of the Town Attorney as to form and content. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Project/Deed - LAWTON VALLEY HUNT TRACT, SECTIONS NO. 10:

Councilor Ulatowski moved the adoption of a resolution accepting a warranty Deed, Dedication, Application and Release of Damage for roads only within LAWTON VALLEY HUNT TRACT, SECTION NO. 10 from KELLY-TOBIN DEVELOPMENT CORPORATION. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Public Utility Special Permit - Town Board Case #896 - OMNIPOINT COMUNICATIONS, d/b/a T-MOBIL and BAYBERRY PLAZA:

Councilor Bray moved the adoption of a resolution calling a public hearing April 5th, 2004, commencing at 7:41 P.M., local time, to consider a Petition for a PUBLIC UTILITY SPECIAL PERMIT, pursuant to Clay Code Section 230-39, of OMNIPOINT COMMUNICATIONS, d/b/a T-MOBIL and BAYBERRY PLAZA, a New York General Partnership, for the purpose of erecting a telecommunications tower on a portion of premises located at 7608 Oswego Road. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Zoning Ordinance - Chapter 217 - VEHICLES FOR SALE:

Councilor Rycraft moved the adoption of a resolution calling a public hearing April 19th, 2004, commencing at 7:35 P.M., local time to consider proposed Ordinance 2004-02, adding a new Chapter 217, entitled VEHICLES FOR SALE to the Code of the Town of Clay. The purpose of this Ordinance is to eliminate the outside parking and display for sale of any motor vehicle including dealer-owned/dealer-plated, transporter plated, or limited registration motor vehicles, on any highways or outside on any lot within the Town of Clay, other than properties upon which properly authorized motor vehicle sales businesses are conducted. This Ordinance is not intended to regulate junkyards or automobile junkyards. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:15 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-6 and Noes-0. Carried.



Archived Minutes