June 21, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 21st of June, 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
John Marzocchi Acting 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 June 7, 2004. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

None.

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

Councilor Rowley moved the adoption of a resolution that 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) is an unlisted action with a completed EAF and involves no other permit granting agency outside the Town. The
proposed project 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 Bray.

Councilor Palmer and Councilor Rycraft both felt that there would be an effect on the environment.

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

Carried.

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

Councilor Bray moved the adoption of a resolution approving 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.

Supervisor Rupprecht said that should this zone change be approved, he encouraged those interested to get involved and attend the site plan process that will go before the Planning
Board.

Councilor Palmer stated that since the majority of the Board feels there in no significant effect on the environment then he will vote to approve the zone change request.

Councilor Rycraft said he feels there’s an environmental impact, but he agrees with Councilor Palmer.

Councilor Bray feels the C-5 is an appropriate zoning classification, and that she has to vote on the merits of the request; Salina zoned their portion, which allows the nightclub. She added
that she hoped there would be stringent supervision over the site.

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

Unanimously carried.

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

Councilor Ulatowski moved the adoption of a resolution that 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) is an unlisted action with a completed EAF and
involves no other permit granting agency outside the Town. The proposed project 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 Edick.

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

Unanimously carried.

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

Councilor Ulatowski moved the adoption of a resolution approving 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 Rowley.

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

Unanimously carried.

Zone change (PH & ADJ)- Town Board Case #901 - GARY J. HAFNER:

A public hearing to consider the application of GARY J. HAFNER for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1) District on property located
at 8137 Morgan Road, (Tax Map No. 069.01-04.1) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Tom Oot, a partner with Gary Hafner, explained that this parcel is south of the Fairway East subdivision. They would like to construct single family homes and will be connecting to existing sanitary sewers. There would be no driveways on Fairway East or on Morgan Road. Bordeaux Avenue would be the access road to this development.

Supervisor Rupprecht said he had concerns regarding traffic and encouraged the developer to work with neighboring developers for eventual exiting at a street light, which would have to be
installed by the county.

Mr. Oot explained that if they could develop the parcel under a 278 they could create green spaces, which would be controlled by a homeowner’s association.

Commissioner Tessier noted that the Onondaga County Planning Board recommended a traffic study. (Supervisor Rupprecht read their recommendation and comments.)

Mr. Oot said they had no problem with doing a traffic study.

Greg Briggs, who lives on Bordeaux Avenue, voiced concern over construction trucks entering the development, and Mr. Oot said they would have a road off of Morgan that they would use. 
Karen Briggs said she didn’t want Bordeaux Avenue to be a through street and Mr. Oot said they didn’t plan on it being one.

Mr. Oot said he would start a traffic study and that he would talk to the other two developers that are abutting his parcel.

Councilor Palmer moved the adoption of a resolution adjourning the public hearing to August 16, 2004, commencing at 7:35 P.M. local time. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously 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 06-07-04 Town Board Meeting.) Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier said the Town was still waiting for a response from New York State Department of Transportation.

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

Councilor Palmer moved the adoption of a resolution adjourning the public hearing to July 19, 2004, commencing at 7:59 P.M. local time. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Emergency/Disaster - CEDAR Program:

Councilor Edick moved the adoption of a resolution that the Town of Clay supports the CEDAR program and supports the participation in the program by code enforcement officials
employed by the Town who meet the qualifications of CEDAR and whereas, Code Enforcement Officer Cindy L. Heid is hereby authorized to submit application for membership to the Code Enforcement Disaster Assistance Response program and to complete the necessary training and that the Town of Clay agrees to provide indemnification and insurance coverage for Cindy L. Heid while acting as part of the CEDAR Team for mutual
aid purposes in the event of an emergency/disaster (See formal resolution on file with the Town Clerk’s Office.) Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Municipal Code - Electrical Inspection:

Councilor Ulatowski moved the adoption of a resolution authorizing COMMONWEALTH ELECTRICAL INSPECTION SERVICE, INC., with offices located at 1355 Pittsford-Mendon Road, Post Office Box 723, Mendon, New York 14506, to do electrical inspections within the Town of Clay, pursuant to the recommendation of the Commissioner of Planning
& Development. (Certificates of Insurance are on file and copies of the policies are forthcoming from the insurance agent for Commonwealth Electrical Inspection Service, Inc.) Motion was
seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Project/Sewer - CARKNER SANITARY SEWER EXTENSION – MORGAN PLACE:

Councilor Edick moved the adoption of a resolution that the Town of Clay having conducted public hearings to consider the construction and acquisition of sewer facilities located within
the CARKNER SANITARY SEWER EXTENSION – MORGAN PLACE (Woodward Sewer District, Contract No. 27 Lateral) and the construction of said sewer 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 contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and CARKNER DEVELOPMENT LLC, as well as payment of any and all
legal, engineering and administrative fees, current and future with regard to said project, and the posting of maintenance guarantee security in the amount of $2,700.00 and providing all necessary documentation required by the Legal Dept., that the Town of Clay accept title to such facilities. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Supervisor Rupprecht left the Board.

Sewer Lateral Connection - 8201 Caughdenoy Road:

Councilor Edick moved the adoption of a resolution authorizing a sewer lateral connection, pursuant to the written request of Mr. Jay A. Seitz, Jr., (the property owner), to a Town of Clay
sanitary sewer manhole located at the southwest corner of Lot No. 2 in the Country Meadow Subdivision for his existing home at 8201 Caughdenoy Road (Tax Map No. 074.-01-12.3).  The cost of construction will be at no cost to the Town of Clay. The property owner agrees to pay all costs (Town and Private) associated with the sanitary sewer connection as well as the
Town of Clay Operation and Maintenance charges as annually assessed for one unit per acre and the County Sanitary District charges. The property is not located within an existing Sewer
District. The owner further agrees to pay all annual Town and County charges thereafter. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Easement/Drainage/Project - BAKER SUBDIVISION:

Councilor Bray moved the adoption of a resolution accepting a deed for highway purposes and a 40’ drainage easement from Raymond E. Baker, Trustee James J. Baker, Trustee (Ernest
Baker Trust) located on Lot No. 3; a deed for highway purposes and a 40’ drainage easement from Harold H. & Inez E. Baker located on Lot No. 2 and a deed for highway purposes from Robert E. Baker, located on Lot 1, all as shown on a FINAL PLAT entitled BAKER SUBDIVISION, dated 01/12/04, or any amendment thereof, as prepared by CNY Land Surveying of 2075 Church Road, Baldwinsville, New York. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Supervisor Rupprecht took his place on the Board.

Bid (rejection) - Three Rivers:

Councilor Ulatowski moved the adoption of a resolution REJECTING all bids received for THE DEMOLITION OF THE CIBRO SITE ASPHALT STORAGE TANKS AT THREE RIVERS, on May 28TH, 2004. (Additional information and requirements regarding the demolition have been received.) Motion was seconded by Councilor Bray.

Doug Wickman, the Town Engineer, explained that the bid was unbalanced.

Ayes-7 and Noes-0. Carried.

Bid (advertizement) - 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 July 9th, 2004, at 11:00 A.M., local time. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Agreement/Project - SUMMERWOOD MEDICAL OFFICE PARK PROJECT:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with SUMMERWOOD DEVELOPMENT CORP., for the development of SUMMERWOOD MEDICAL OFFICE PARK PROJECT.  Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Agreement/Project - COUNTRY MEADOW, SECTION D TRACT:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with GROUP ONE DEVELOPMENT, LLC, for the development of COUNTRY MEADOW, SECTION D TRACT. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Bid - Clay Historical Park (Polebarn):

Councilor Palmer moved the adoption of a resolution authorizing the advertisement of bids for the CONSTRUCTION OF A NEW POLE BARN AT CLAY HISTORICAL PARK.  Said Bids to be received until July 7th, 2004, at 11:00 A.M., local time. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #902 - KIRK and TAMMY NIELSEN:

Councilor Bray moved the adoption of a resolution calling a public hearing July 19th, 2004, commencing at 7:35 P.M., local time, to consider the application of KIRK and TAMMY NIELSEN for a change of zone from Agricultural (A-1) District to One-Family
Residential (R-1B) District on property located at 9686 Black Creek Road, (Tax Map No. 037.01-05.2). Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #903 - CHARLES L. HAFNER:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing July 19th, 2004, commencing at 7:38 P.M., local time, to consider the application of CHARLES L. HAFNER for a change of zone (10 parcels of land) from One-Family Residential (R-1) District, Residential Office (R-6) District and Office and Retail Store (C-2) District to Shopping Center (C-5) District on properties located at 7281, 7275, 7265, 7271±, 7261 and 7251 Buckley Road (Tax Map Nos. 107.-12-29.0, 31.1, 32.1, part of 32.2, 33.1, 34.1 and 34.1,respectively), , and 5121, 5119, 5115 and 5113 West Taft (Tax Map Nos. 107.-12-37, 38, 39, 40.1, respectively) consisting of 11.35 acres, more or less, and from Residential (R-1) District to Agricultural (A-1) District on property located on Buckley Road (Part of Tax Map No. 107.-12-32.2 – 9.50, more or less, acres). Motion was seconded by Councilor
Edick.

Ayes-7 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #904 - KELLY-TOBIN DEVELOPMENT
CORPORATION:

Councilor Edick moved the adoption of a resolution calling a public hearing July 19th, 2004, commencing at 7:41 P.M., local time, to consider the application of KELLY-TOBIN
DEVELOPMENT CORPORATION for a change of zone from One-Family Residential (R-2) District and Agricultural (A-1) District to Shopping Center (C-5) District on property, consisting of 10.8 acres, located at the southwest corner of New York State Route 31 and Lawton Road, including a portion of Crabtree Lane for commercial purposes, (part of Tax Map No. 077.-01-01.1 and all of 077.-01-01.2). Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #905 - KELLY-TOBIN DEVELOPMENT
CORPORATION and DONALD W. ALT and RICHARD J. ALT:

Councilor Bray moved the adoption of a resolution calling a public hearing July 19th, 2004, commencing at 7:44 P.M., local time, to consider the application of KELLY-TOBIN DEVELOPMENT CORPORATION, DONALD W. ALT and RICHARD J. ALT for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1) District consisting of 8.2 acres, being the easterly land-locked portion of lands southerly of and
adjacent to Meltzer Park, east side of Stearns Road, (part of Tax Map No. 077.-01-14). Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Project/Sewer (CPH) - Summerwood Medical Office Park Project:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing July 19th, 2004, commencing at 7:47 P.M., local time, to consider a Petition for the creation of a sewer district within the Town of Clay to be designated and known as “SUMMERWOOD SEWER DISTRICT” and for the construction and acquisition of a lateral sewer system therein to be
designated and known as “SUMMERWOOD SEWER DISTRICT, CONTRACT NO. 1 LATERAL”. (Summerwood Medical Office Park Project) Motion was seconded by Councilor Edick. 

Ayes-7 and Noes-0. Carried.

Project/Drainage (CPH) - Summerwood Medical Office Park Project:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing July 19th, 2004, commencing at 7:50 P.M., local time, to consider a Petition for the creation of a drainage district within the Town of Clay to be designated and known as “SUMMERWOOD DRAINAGE DISTRICT”, and for the construction and acquisition of a lateral drainage system therein to be designated and known as “SUMMERWOOD DRAINAGE
DISTRICT, CONTRACT NO. 1 LATERAL”. (Summerwood Medical Office Park Project) Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Project/Sewer (CPH)- COUNTRY MEADOW, SECTION D TRACT:

Councilor Edick moved the adoption of a resolution calling a public hearing July 19th, 2004, commencing at 7:53 P.M., local time, to consider a Petition for the extension of the Country
Meadow Sewer District within the Town of Clay to be designated and known as “COUNTRY MEADOW SEWER DISTRICT, EXTENSION NO. 1”, and for the construction and acquisition of a lateral sewer system therein to be designated and known as “COUNTRY  MEADOW SEWER DISTRICT, EXTENSION NO. 1, CONTRACT NO. 1 LATERAL”. (Country Meadow Section D Tract) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Project/Drainage (CPH) - COUNTRY MEADOW, SECTION D TRACT:

Councilor Edick moved the adoption of a resolution calling a public hearing July 19th, 2004, commencing at 7:56 P.M., local time, to consider a Petition for the extension of the Country
Meadow drainage district within the Town of Clay to be designated and known as “COUNTRY MEADOW DRAINAGE DISTRICT, EXTENSION NO. 1” and for the construction and acquisition of a lateral drainage system therein to be designated and known as “COUNTRY MEADOW DRAINAGE DISTRICT, EXTENSION NO. 1, CONTRACT NO. 1 LATERAL”. (Country Meadow Section D Tract) Motion was
seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Contracts/Agreements - PBA Agreement:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to execute the PBA Agreement between the Town of Clay and the Town of Clay Police Benevolent Association, Inc., for the years 2004 and 2005, contingent upon approval as to form and content by the Town Attorney. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:25 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Carried.

Archived Minutes