April 5, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 5th of April, 2004 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 March 15, 2004. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

Zone Change (DEIS) - 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 Rowley moved the adoption of a resolution that the Draft Environmental Impact Statement prepared by the applicant 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 seeking a change of zone of property located adjacent to New York State Route 31 from Apartment (R-4) District to Shopping Center (C-5) District of approximately 17.93 acres; 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) has been reviewed by the Town Board with input from the Town Engineers and Planning Department and is complete as to form and content and is adequate for public review. Accordingly, the Draft Environmental Impact Statement as submitted is hereby accepted. Motion was seconded by Councilor Palmer.

Supervisor Rupprecht noted that comments will be accepted until May 7, 2004.

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

Carried.

Zone Change (PH & ADJ) - 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: 

A public hearing to consider 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 property located adjacent to New York State Route from Apartment (R-4) District to Shopping Center (C-5) District of approximately 17.93 acres; 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) and to review the DRAFT ENVIRONMENTAL IMPACT STATEMENT for said project was opened by the Supervisor. (Applicant has requested an adjournment to April 19th, 2004.) Proof of publication and posting was furnished by the Town Clerk.

The applicant has asked for an adjournment.

Supervisor Rupprecht asked if there was anyone present for this hearing, who wished to speak, and there was no one.

Councilor Rowley moved the adoption of a resolution adjourning this public hearing to April, 19, 2004, commencing at 7:47 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Zone Change (PH & ADJ)- 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. Adjourned to this date and time at the March 1st, 2004 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

Doug Wickman, the Engineer for the Town, said he had no written comments yet. The Traffic Impact Study has been received, and is not adequate. He advised the Board to adjourn the hearing to a later date.

Supervisor Rupprecht asked if there was anyone present for this hearing who wished to speak, and there was no one.

Councilor Palmer moved the adoption of a resolution adjourning this public hearing to May 3, 2004, commencing at 7:35 P.M. local time. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

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

A public hearing to consider a Petition for a PUBLIC UTILITY SPECIAL PERMIT, pursuant to Clay Code Section 230-39, of OMNIPOINT COMMUNICATIONS, d/b/a T-MOBILE 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. was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier noted that the Planning Board had a hearing March 24th and has adjourned it to April 28th.

Jeff Davis, the attorney representing the applicant explained that they are a wireless phone company and they are in need of adequate coverage. They need a location to fill in the gap where inadequate service is provided. Since 1997 they have been looking at filling this gap. They have drawn a search ring and have looked at various locations, i.e. Niagara Mohawk power line (outside the search ring); the Alexanders Cleaners sign (too short); the Liverpool Community Church (they are looking at selling the building, and it might not remain a church); Wegmans (they said no); land on Elmcrest Road (Alberici said no); Starbucks Plaza (no); etc. Bayberry Plaza agreed to lease them a location. He explained that Niagara Mohawk had tried to use their existing lines to add the capability of use for cell phones, but scrapped the idea due to technicalities. He said they prefer to co-locate, rather than build a tower, but have found no other possible locations yet. They would like to give a more complete report of tested locations at a later date. They don't want to do it piecemeal and would like an adjourment.

Attorney Davis said they could camouflage the tower as a flag pole. It needs to be eighty feet tall. It needs to be above the trees.

Supervisor Rupprecht suggested a few alternate locations and some had been looked at and were not acceptable. Mike Crosby, their Senior RF Engineer, said they would be willing to build a clock tower at Bayberry Plaza, which would camouflage the equipment.

Councilor Bray asked how many providers could be located on their tower, and Attorney Davis 
said two besides themselves, for which there would have to be equipment cabinets for each one.

Councilor Rowley asked how safe the flag pole tower would be in a storm, and Attorney Davis said it would be as safe as any others, that they are designed to code. Councilor Rowley asked if they were designed to collapse and Mr. Crosby said they were designed not to come down.

Councilor Rycraft commented that flag pole towers are stocky and expensive. Attorney Davis said the flag pole would be 36" at the base and 26" at the top.

Councilor Palmer said he felt that in ten years this tower would be obsolete, and asked if they were willing to guarantee that when it was no longer needed they would remove it. Attorney Davis said they would do that. Councilor Palmer then asked if they went higher, could they build it in another location, perhaps at the High School. Attorney Davis said they would bring in information regarding other locations that had been suggested, but a 100 foot pole at the High School wouldn't provide the needed coverage.

The Supervisor asked if they could obtain a letter from Niagara Mohawk stating that they are not proceeding with distribution lines and Attorney Davis said he would try to get one from them.

June Baycura, the President of the Bayberry Community Association, presented a copy of a signatures they had presented to Mr. Janowski the owner of the property where Omnipoint is seeking to put their communications tower.

Bernie Kraft, a resident of Bayberry stated that this tower would be right in a residential area, right in their front yards, and the residents want it somewhere else.

Russ Mitchell said that he attended a Zoning Board meeting for Wegmans where it was discussed the possibility of using their clock tower for other things. He added that he feels the Town should be pro-active regarding communication towers.

Several residents spoke. They feel the communications tower will detract from their community and that a significant gap in wireless service does not exist.

June Baycura said she did not agree with some of the applicant's answers with regard to the environmental impact statement.

The Supervisor commented that two years ago a communications company came before the Board and they managed to find a different location.

Attorney Davis stated that he felt communication towers are not detrimental to home values. If there is a better site they will go there. He concluded, by giving a brief response to the concerns of the homeowners.

Supervisor Rupprecht asked if there were any comments or questions and there were none. 

Councilor Palmer moved the adoption of a resolution adjourning this public hearing to May 3, 2004, commencing at 7:38 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Councilor Bray left the Board meeting.

The Supervisor called a brief recess at 9:31 P.M. The meeting was called back to order at 9:45 P.M.

Bond Resolution/Purchase (Highway):

Councilor Ulatowski moved the adoption of a Bond Resolution in the amount of $129,000.00 DOLLARS FOR THE PURCHASE OF ONE (1) 2004 STERLING L9500 TANDEM AXLE DUMP/PLOW TRUCK FOR USE BY THE HIGHWAY DEPARTMENT. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Local Government Records Management Improvement Fund:

Councilor Rowley moved the adoption of a resolution supporting the elimination of the Sunset Provisions of the Local Government Records Management Improvement Fund (LGRMIF) and the Cultural Education Fund (CEF) in order to make the LGRMIF and CEF permanent. (See proposed formal resolution on file in the Town Clerk's Office) Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Project - PINE GATE ACRES TRACT, SECTIONS NO. 11B, 13B AND 13C:

Councilor Edick moved the adoption of a resolution approving the Final Plans for the PINE GATE ACRES TRACT, SECTIONS NO. 11B, 13B AND 13C (Euclid Sewer District, Extension No. 5, Contract No. 1 Lateral, Euclid Sewer District, Extension No. 1, Contract No. 2 Lateral, Euclid Sewer District, Contract No. 31 Lateral, Pine Gate Drainage District, Extension No. 1, Contract No. 1 Lateral and Pine Gate Drainage District, Contract No. 11 Lateral) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.


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

Councilor Edick moved the adoption of a resolution approving the Final Plans for the 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) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Fire Hydrants - (Coachman's Crossing Tract, Section No. 5):

Councilor Edick moved the adoption of a resolution approving the installation of two (2) fire hydrants in the Clay Water Supply District, Extension No. 9 and authorizing the Supervisor to execute the OCWA fire hydrant application. (Coachman's Crossing Tract, Section No. 5 – Fire Hydrant Nos. 10449 and 10450) Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Fire Hydrants - (Pine Gate Acres Tract, Section No. 12 ):

Councilor Edick moved the adoption of a resolution approving the installation of three (3) fire hydrants in the Euclid Water Supply District and authorizing the Supervisor to execute the OCWA fire hydrant application. (Pine Gate Acres Tract, Section No. 12 – Fire Hydrant Nos. 10445, 10446 and 10447) Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Fire Hydrants - (The Villages at Fairway East, Section No. 2 ):

Councilor Edick moved the adoption of a resolution approving the installation of a fire hydrant in the Euclid Water Supply District, Extension No. 7 and authorizing the Supervisor to execute the OCWA fire hydrant application. (The Villages at Fairway East, Section No. 2 - Fire Hydrant No. 10440) Motion was seconded by Councilor Ulatowski.

A brief discussion followed. Councilor Edick and Councilor Ulatowski withdrew their motions.

No action taken.

Fire Hydrants - (The Villages at Fairway East, Section No. 2 ):

No action taken.

License/Permit - CASUAL ESTATE MOBILE HOME COURT:

Councilor Rowley moved the adoption of a resolution calling a public hearing April 19th, 2004, commencing at 7:38 P.M., local time, to consider the application of CASUAL ESTATE MOBILE HOME COURT for the renewal of its license for the year 2004. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Special Districts (Sewer) - CPH:

Councilor Rowley moved the adoption of a resolution calling a public hearing April 19th, 2004, commencing at 7:41 P.M., local time, to consider the Petition for the Modification of Plan and Reduction of Cost for the construction of a lateral sewer system within the Belgium Sewer District, designated and known as "BELGIUM SEWER DISTRICT, CONTRACT NO. 1 LATERAL". Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Purchase (Highway Department):

Councilor Ulatowski moved the adoption of a resolution authorizing and approving the purchase under State Contract 40601, of ONE (1) 2004 NEW HOLLAND TC40 COMPACT TRACTOR – 4WD AND NEW HOLLAND 16LA LOADER FOR USE BY THE HIGHWAY DEPARTMENT, in an amount not to exceed TWENTY-ONE THOUSAND AND 00/100 ($21,000.00) DOLLARS, from the Contractor Niagara Frontier Equipment Sale, 4060 Lake Avenue, Lockport, NY 14094. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Bond Resolution/Purchase (Highway):

Councilor Ulatowski move the adoption of a Bond Resolution in the amount of $21,000.00 DOLLARS FOR THE PURCHASE OF ONE (1) 2004 NEW HOLLAND TC40 COMPACT TRACTOR – 4WD AND NEW HOLLAND 16LA LOADER FOR USE BY THE HIGHWAY DEPARTMENT. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Purchase (Highway Department):

Councilor Ulatowski moved the adoption of a resolution authorizing and approving the purchase, under State Contract # 40570, of TWO (2) 2004 FORD F-450 4x2 (DRW) CAB & CHASSIS TRUCKS WITH DUMP BOXES FOR USE BY THE HIGHWAY DEPARTMENT in an amount not to exceed FIFTY-TWO THOUSAND AND 00/100 ($52,000.00) DOLLARS, from the contractor Genesee Truck Sales, 300 Middle Road, Henrietta, NY 14467. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Bond Resolution/Purchase (Highway):

Councilor Ulatowski moved the adoption of a Bond Resolution in the amount of $52,000.00 DOLLARS FOR THE PURCHASE OF TWO (2) 2004 FORD F-450 4x2 (DRW) CAB & CHASSIS TRUCKS WITH DUMP BOXES FOR USE BY THE HIGHWAY DEPARTMENT. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Grant - HISTORIC PARK VISITOR CENTER:

Councilor Palmer moved the adoption of a resolution that the grant application (Project PKS-03-CE-020 – Amount $70,000.00) of CLAY HISTORICAL ASSOCIATION, (part of Tax Map No. 046.-01-23.2) for the construction of a HISTORIC PARK VISITOR CENTER (WELCOME CENTER), consisting of 30' x 64' x 10' post frame structure, with a 25-year painted 15-guage steel roof and attached 10' lean-to porch, for historic displays and meetings on property located at New York State Route 31, north side, on the west of the Conrail Tracks, is an unlisted action, with a completed EAF and will not have a significant effect on the environment and therefore does not require the preparation of an EIS. (Recommendation by the Commissioner of Planning & Development is that said project does not require the preparation of an EIS.) Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

HISTORIC PARK VISITOR CENTER:

Councilor Palmer moved the adoption of a resolution authorizing the Supervisor to complete and submit to New York State Office of Parks, Recreation and Historic Preservation, a Guideline Proposal for Project PKS-03-CE-020 - Amount $70,000.00, HISTORIC PARK VISITOR CENTER (WELCOME CENTER) construction project, and further authorizing the Supervisor to execute same, as well as any other documents and/or contracts required with regard to said Project PKS-03-CE-020. (Clay Historical Association - part of Tax Map No. 046.-01-23.2) Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Project/Agreement - Hickory Hill Golf Course:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to enter into an amended Agreement on behalf of the Town of Clay with THE ESSIG FAMILY, LLC for the development of BELGIUM SEWER DISTRICT (Belgium Sewer District, Contract No. 1 Lateral). (Hickory Hill Golf Course) Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Personnel - "Allowance for unused sick leave":

No action taken.

Adjournment:

The meeting was adjourned at 10:10 P.M. upon motion by Councilor Rowley and seconded by Councilor Palmer. Ayes-6 and Noes-0. Carried.







Archived Minutes