April 19, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 19th 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
Robert L. Edick                    Councilor
Carol Olander                      Deputy Town Clerk
David Tessier                      Commissioner of Planning & Development
Robert Germain                   Town Attorney
Doug Wickman                   Town Engineer

ABSENT:

Damian M. Ulatowski         Councilor
Vivian Mason                      Town Clerk

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 Rowley moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on April 5, 2004. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

Supervisor Rupprecht welcomed students from the Liverpool and North Syracuse School Districts who were here to attend the meeting.

Zoning Ordinance - Chapter 217 (PH) - VEHICLES FOR SALE:

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

Supervisor Rupprecht stated that the Board has spent many hours working on this ordinance.

Section 217.4, under Exemptions should be amended to read "In a residential district in the town, a resident owner of real property may display for sale one motor vehicle registered in the real property owner's name, in a twelve month period." 

Councilor Palmer suggested that maybe a resident should only be able to sell one car a year.
This would have to be on the parcel they reside on.

Russ Mitchell asked how do you know when the clock starts for these violations?

Commissioner Tessier said that his department would have to keep a record.

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

License/Permit (PH) - CASUAL ESTATE MOBILE HOME COURT:

A public hearing to consider the application of CASUAL ESTATES MOBILE HOME COURT for the renewal of its license for the year 2004 was opened by the Supervisor. Proof of publication and posting was furnished by the Deputy Town Clerk.

Commissioner Tessier stated that an inspection of Casual Estates is done every year. They have several violations. Some of these violations have been corrected. There is new management and owners and they are trying to correct all the violations as soon as they can. 

Debra Curriere, works for the new owners, Affordable Residential Community. She said they are working on correcting all the violations. 

Supervisor Rupprecht said that they will put the renewal of the license for Casual Estates on the May 3rd meeting and hope that all the violations have been corrected.

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

Special Districts (Sewer)/Project (PH) - Hickory Hill Golf Course:

A public hearing 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" (Hickory Hill Golf Course) was opened by the Supervisor. Proof of publication and posting was furnished by the Deputy Town Clerk.

Supervisor Rupprecht said that the owner of the golf course is going to build the pump station at a cost of approximately $90,000. When the sewer system is complete, the owner will dedicate the piping to the Town, and he will own the pump station.

David Arnold asked some questions and spoke against the project.

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

Zone Change (PH) - 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 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) and to review the DRAFT ENVIRONMENTAL IMPACT STATEMENT for said project
was opened by the Supervisor and proof of publication and posting was furnished by the Deputy Town Clerk.(Adjourned to this date and time at the Town Board Meeting of 4-5-04 at applicant's request.)

Joe Girardi spoke on behalf of the Cor Development Company. There are four (4) parcels that are to be developed into a (C-5) Shopping Center District and (R-4) Apartments.

Kate Johnson, Lead Counsel from Hiscock & Barclay Law Firm gave a summary of the project site.

Richard DiCesare, Traffic Engineer with SRF & Associates, presented the traffic study. The purpose of this study was to determine the traffic that will be actually generated at various times after the project is complete.

Peter Giovenco, Civil Engineer with Bergmann Associates, explained the proposed development plan. There will be one large retail business and one restaurant on the commercial part of the parcels. In the rear, apartments will be built. There will be only one point of entry for these parcels at the traffic light at the Cor Shopping Plaza. Landscaping will be added and (2) two drainage detention ponds are proposed. The rear of the property will have a green area with a detention pond, walking trails, pool, tennis court and a clubhouse.

Councilor Palmer asked how many apartments will be built.

Peter Giovenco said that there will be (4) four buildings with 30 apartments in each building.

Carlie Hanson, Architect from QPK Design, gave a brief summary of the design of the large retail business. It will be a masonary building, of two tone painted concrete blocks. This will be consistent with the area. It will have three entry points.

David Arnold, a resident, spoke against the plan and feels because of the school which is next to the intended area, this plan would not be appropriate. 

Russ Mitchell spoke against the project, having a concern for this development, because of the school. He thinks that the property has a better use.

Supervisor Rupprecht asked if there were any further comments or questions and there were none. The Supervisor asked for those in favor and those opposed and there were none. 

Supervisor Rupprecht moved the adoption of a resolution adjourning the public hearing to May 3, 2004 at 7:44 P.M. local time. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried

Fire Hydrant - 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 Rowley.

Ayes-6 and Noes-0. Carried.

Fire Hydrant - The Villages at Fairway East, Section No. 2:

Councilor Edick moved the adoption of a resolution approving the installation of two (2) fire hydrants in the Streamwood Water Supply District and authorizing the Supervisor to execute the OCWA fire hydrant application. (The Villages at Fairway East, Section No. 2 – Fire Hydrant Nos. 10441 and 10442) Motion was seconded by Councilor Rowley .

Ayes-6 and Noes-0. Carried.

Privacy Rules (Health Insurance):

Councilor Edick moved the adoption of a resolution approving a HIPAA Business Associate Agreement (Health Insurance Portability and Accountability Act of 1996 or the "Privacy Rules") with EBS Benefit Solutions, Inc., and further authorizing the Supervisor to execute same. (EBS provides certain administrative services and in the course of providing those services may or will have access to PHI (personal health information) and therefore agrees to hold and keep such information strictly confidential and used or disclosed only as required by law. Motion was seconded by Councilor Rowley .

Ayes-6 and Noes-0. Carried.

Appointment - CLAY VOLUNTEER FIRE DEPARTMENT, INC.:

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

Ayes-6 and Noes-0. Carried.

Zoning Ordinance - Chapter 217 - VEHICLES FOR SALE:

Councilor Rycraft moved the adoption of a resolution approving Ordinance 2004-02, adding a new Chapter 217, entitled VEHICLES FOR SALE to the Code of the Town of Clay, as amended. 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 Palmer .

Ayes-6 and Noes-0. Carried.

Special Districts (Sewer)/Project - Hickory Hill Golf Course:

Councilor Bray moved the adoption of a resolution that it is in the public interest that the Town of Clay approve the construction and acquire only the sewer facilities located within HICKORY HILL GOLF COURSE (Belgium Sewer District, Contract No. 1 Lateral), the pump station will remain private, in accordance with the terms and conditions of a certain Amended Agreement entered into between the Town of Clay and the developer THE ESSIG FAMILY LLC. Motion was seconded by Councilor Edick .

Ayes-6 and Noes-0. Carried.

Zone change - Town Board Case #897 (CPH) - ALLIE JORDAN, LLC:

Councilor Bray moved the adoption of a resolution calling a public hearing May 3rd, 2004, commencing at 7:41 P.M., local time, to consider the application of ALLIE JORDAN, LLC, for a change of zone from One-Family Residential (R-1) District to Shopping Center (C-5) District on property located on Brewerton Road, a portion of 3717 Brewerton Road is in the Town of Salina, (Tax Map # 117.-11-26.0). Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Zone change - Town Board Case #898 (CPH) - ELLEN DUDLEY, HILARY CLINGER and DANE DUDLEY (GOLD DUST SALON, LLC):

Councilor Rowley moved the adoption of a resolution calling a public hearing May 17th, 2004, commencing at 7:35 P.M., local time, to consider the application of ELLEN DUDLEY, HILARY CLINGER and DANE DUDLEY (GOLD DUST SALON, LLC) for a change of zone from Agricultural (A-1) District to Office and Retail Store (C-2) District on property located at 8565 Morgan Road, (Tax Map # 055.-01-14.1). Motion was seconded by Councilor Bray .

Ayes-6 and Noes-0. Carried.

Zone change - Town Board Case #900 (CPH) - ENRICO SCARDA, ESQ., and CLAY COMMONS PARTNERSHIP:

Councilor Bray moved the adoption of a resolution calling a public hearing May 17th, 2004, commencing at 7:38 P.M., local time, to consider the application of ENRICO SCARDA, ESQ., and CLAY COMMONS PARTNERSHIP, for a change of zone from Office (C-1) District to Shopping Center (C-5) District on property located on 8121 Oswego Road, (Tax Map # 066.-01-47.1). Motion was seconded by Councilor Edick .

Ayes-6 and Noes-0. Carried.

Purchase (highway) - 2004 Ford F-550:

Councilor Edick moved the adoption of a resolution authorizing and approving the purchase under State Contract 40570, of ONE (1) 2004 FORD F-550 4x4 SERVICE TRUCK FOR USE BY THE HIGHWAY DEPARTMENT, in an amount not to exceed FIFTY THOUSAND AND 00/100 ($50,000.00) DOLLARS, from the Contractor Genesee Truck Sales, 300 Middle Road, Henrietta, NY 14467. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried

Bond Resolution - 2004 Ford F-550:

Councilor Edick moved the adoption of a Bond Resolution in the amount of $50,000.00 DOLLARS FOR THE PURCHASE OF ONE (1) 2004 FORD F-550 4 x 4 SERVICE TRUCK FOR USE BY THE HIGHWAY DEPARTMENT. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried 

Assessment/Taxation - Certiorari Settlement - Croydon Company, Inc:

Councilor Rowley moved the adoption of a resolution approving the settlement of the tax certiorari action CROYDON COMPANY, INC., v. TOWN OF CLAY, ET AL, with the assessment being reduced as follows: The assessment for the tax year 2003/04 from $230,000.00 to $172,800.00. Interest is being waived. The settlement represents a total payback of approximately $34,083.43. The Town's share being approximately 10%.

Councilor Rowley disclosed that he is currently working for this company. The action took place before he started working for the company.  Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried

Fire Hydrant - Eckerd Store:

Councilor Rowley moved the adoption of a resolution authorizing the installation of a fire hydrant in the Fay Road Water Supply District and authorizing the Supervisor to execute the OCWA fire hydrant application (Eckerd Store at West Taft Road and U.S. Route 11 - Fay Road Water Supply District - Fire Hydrant No. 10451 - Tax Map Nos.: 117.-10-20.1and 22.2)  Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried

Special District (Sewer) / Project - Hickory Hill Golf Course:

Councilor Rowley moved the adoption of a resolution approving the Final Plans for the BELGIUM SEWER DISTRICT, CONTRACT NO. 1 LATERAL (Hickory Hill Golf Course) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried

Adjournment:

The meeting was adjourned at 10:50 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley . Ayes-6 and Noes-0. Carried.


Archived Minutes