May 3, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 3rd of May, 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 April 19, 2004. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

Councilor Palmer noted that he is working with the developers of the Lawton Valley Tract to get a trail from the development to Meltzer Park.

Zone Change (PH)- 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. Proof of publication and posting was furnished by the Town Clerk. (Adjourned to this date and time at the April 5th, 2004 Town Board Meeting.)

The Supervisor explained that the Town was waiting for additional information, which was received today. He asked the Town Engineer how much time he needed to review it and he said his review will be completed by the next board meeting.

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

Councilor Rowley moved the adoption of a resolution adjourning the public hearing to May 17, 2004, to commence at 7:44 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Public Utility Special Permit (PH) - 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. (Adjourned to this date and time at the April 5th, 2004 Town Board Meeting.)

Supervisor Rupprecht explained that at the last meeting other sites for this telecommunication tower were suggested. The applicant is looking at these sites.

Tim Gangemi asked why they didn't use other towers already in existence and the Supervisor explained that they were out of the coverage area that the applicant desires.

Ken Burrows asked if the applicant was still considering the Bayberry Plaza location and the Supervisor answered yes.

Lisa Montanaro commented that she asked T-Mobile about their coverage in Bayberry and they told her they had no problems with it.

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

Councilor Bray moved the adoption of a resolution adjourning the public hearing (no date and time). Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

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

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

Tony Caruso, the attorney representing the applicant, located the property by an architectural drawing. It is a triangular portion of the parcel and is zoned residential, but has been used as part of a parking lot. The remainder of the parking lot where the building is located is in the Town of Salina. Since this Clay parcel is needed for the required parking, the applicant is requesting the zoning classification be changed to a C-5, so that they can open a nightclub.
This portion of the parcel is one third of the entire parcel and has no access . They sought a special permit with the Town of Salina for the use as a nightclub, but were denied. They are currently suing under an Article 78.

Councilor Palmer noted that the parking lot abuts residential land, and although it has been used as a parking lot it was never zoned for that purpose.

Councilor Bray asked if a 25 foot buffer area is required in addition to a six foot fence and Commissioner Tessier said yes.

Barry Schreibman made a presentation, in behalf of several residents who are in opposition to the granting of this zone change request. It included letters from area residents who are very concerned with the noise, the fighting, the litter, and the vandalism when this was a nightclub in past years. Mrs. Hinerwadel is afraid of another break in. She had one when the nightclub was there previously.

Councilor Palmer asked if the Board could consider this property in totality or just the part of this parcel that is in the Town of Clay, and the Town Attorney, Mr. Germain, said the Town Board could look at it either way.

Mr. Caruso said he didn't know what the property would be used for if not a nightclub.

Mrs. Hinerwadel said this nightclub would be close to her home and she is concerned about the noise, the fighting and her safety.

David Jones spoke on behalf of Mr. Burdick, voicing his opposition to this zone change.

Barry Bacich had previously submitted information regarding the Salina Planning Board public hearing and letters from residents. He also presented a lengthy petition filled with signatures of many who are opposed to a nightclub. His mother, sister and he live near this parcel and are very adamant that this nightclub not be allowed to open. They too are concerned with the problems that are a part of this kind of operation i.e. fighting, vandalism etc. He asked the Board to take a careful look at this request and consider whether this commercial use is the best land use.

Mr. Collisto said that the previous Club 37 was the beginning of all the problems in the neighborhood when it was in operation. There were parties in the parking lot, debris and cigarettes in his yard.

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

Councilor Palmer moved the adoption of a resolution adjourning the public hearing to May 17, 2004, commencing at 7:47 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

The Supervisor called for a brief recess at 9:04 P.M. The meeting was called back to order at 9:12 P.M.

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. Proof of publication and posting was furnished by the Town Clerk. (Adjourned to this date and time at the Town Board Meeting of 4-19-04.)

The Supervisor explained that the town engineer has to review the DEIS and also the Liverpool Board of Education is going to review it on May 24th. He said the State Department of Transportation's comments are relevant and could generate additional questions, so he was reluctant to close the hearing.

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

Councilor Ulatowski moved the adoption of a resolution adjourning the public hearing to May 17, 2004, commencing at 7:51 P.M. local time. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Contracts/Agreements - GRANT DISBURSEMENT AGREEMENT:

Councilor Rowley moved the adoption of a resolution approving a GRANT DISBURSEMENT AGREEMENT application between the Town of Clay and NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT CORPORATION ("ESDC") for the reimbursement of $50,000.00 towards the purchase of playground equipment for Town of Clay Parks (Project R884) and further authorizing the Supervisor and Deputy Supervisor to execute any and all documents required for such grant reimbursement, as well as directing the Town Attorney to provide an Opinion of Counsel re same. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Licenses/Permits - CASUAL ESTATES MOBILE HOME COURT:

Councilor Bray moved the adoption of a resolution approving the application of CASUAL ESTATES MOBILE HOME COURT for the renewal of its license for the year 2004. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Easement/Project - MELVIN BROWN SUBDIVISION:

Councilor Bray moved the adoption of a resolution accepting a drainage easement as shown on a FINAL PLAT entitled MELVIN BROWN SUBDIVISION prepared by A. Scott Whittaker, P.C., of Central Square, New York, licensed land surveyor, bearing dates December 29, 2003, revised January 28, 2004 and February 23, 2004, being located on part of premises known as 5109 Orangeport Road (part of Tax Map No. 041.-03-07.1) from JACK I. BROWN and MICHAEL J. BROWN, subject to approval of Town Attorney as to form and content. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Deed/Project - LOBEN SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution accepting a Deed, Dedication, Application and Release of Damages for highway purposes as shown on a FINAL PLAT entitled LOBEN SUBDIVISION prepared by Lehr Land Surveyors, of Liverpool, New York, licensed land surveyors, bearing date April 6th, 2004, (Tax Map No. 012.-02-01.0 - Horseshoe Island Road) from RICHARD LOBEVERO and DONALD BENZEL, subject to approval of Town Attorney as to form and content. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Personnel - "Allowance for unused sick leave":

No action taken.

Zone change (CPH) - Town Board Case #899 - CARL ERIKSON and ERIKSON LAND COMPANY, INC.:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing May 17th, 2004 commencing a 7:41 P.M., local time, to consider the application of CARL ERIKSON and ERIKSON LAND COMPANY, INC., for a change of zone from Office (C-1) District to Office and Retail Store (C-2) District on property located at 3571 State Route 31 (Tax Map No. 019.-02-28.1) Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Personnel - Highway:

Councilor Edick moved the adoption of a resolution approving clarification of the title of an Information Aide in the Town of Clay Highway Department with the Onondaga County Department of Personnel, in accordance with the requirements of New Position Duties Statement, dated April 28, 2004, Form P-300 rev. 4/88. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Personnel - Water Department:

Councilor Edick moved the adoption of a resolution approving adjustment to the Town of Clay's employee count within the Water Department with the Onondaga County Department of Personnel by one (1) new permanent position for a Water Maintenance Worker II, in accordance with the requirements of New Position Duties Statement, dated April 18, 2004, Form P-300 rev. 4/88. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Meetings (cancellations):

Councilor Edick moved the adoption of a resolution canceling the July 5th, 2004 and August 2nd, 2004 Town Board Meetings. (Town Board Meetings during July and August will be held on July 19th, 2004 and August 16th, 2004.) Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Meeting (cancellation & rescheduling):

Councilor Edick moved the adoption of a resolution canceling the September 6th, 2004 Town Board Meeting and rescheduling same to Wednesday, September 8th, 2004, due to the Labor Day Holiday. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Special Districts (Lighting/Streetlight):

Councilor Rowley moved the adoption of a resolution authorizing the installation of a 100-watt streetlight on existing pole number 14-1 at the intersection of HENRY CLAY BOULEVARD and QUARRY POINTE CIRCLE. The estimated yearly cost of $99.40 is to be charged to the CLAY CONSOLIDATED LIGHTING DISTRICT. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

Bid - DEMOLITION OF THE CIBRO SITE ASPHALT STORAGE TANKS AT THREE RIVERS:

Councilor Bray moved the adoption of a resolution authorizing the advertisement of bids for THE DEMOLITION OF THE CIBRO SITE ASPHALT STORAGE TANKS AT THREE RIVERS. Said Bids to be received until May 28th, 2004, at 11:00 A.M. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried. 

Adjournment:

The meeting was adjourned at 9:38 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Carried.

Archived Minutes