July 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 July, 2004 at 7:30 P.M., there were:

PRESENT:
Mark Rupprecht Supervisor
James Rowley Councilor/Deputy Supervisor
David R. Palmer 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:
Clarence A. Rycraft 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 Bray moved the adoption of a resolution approving the Minutes of the Regular
Town Board Meeting held on June 21, 2004. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Correspondence/Other Business:

None.

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

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

Neither the applicant nor a representative was present.

Commissioner Tessier explained that the applicant would like to divide this property into three
lots.

Supervisor Rupprecht asked if there were any comments or questions and June Baycura noted
that the Onondaga County Planning Board recommended denial.

Councilor Bray moved the adoption of a resolution adjourning the public hearing to
August16, 2004, to commence at 7:53 P.M. local time. Motion was seconded by Councilor
Ulatowski.

Ayes-5 and Noes-0. Carried.

Councilor Palmer took his place on the Board.

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

A public hearing 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 34.2,respectively), , and 5121,
5119, 5115 and 5113 West Taft Road (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) was opened by the Supervisor. Proof of publication
and posting was furnished by the Town Clerk.

Robert Ventre, the Attorney representing the applicant, explained that Mr. Hafner would like
to centralize his operation. Presently his retail business is on the northeastern corner of West
Taft Road and Buckley Road and other products on the northwestern corner. Transporting
products across Buckley is inconvenient and dangerous. He would like to construct a large
building on the northwestern side, move the present operation over to that side and demolish
the existing buildings on the northeastern site. They anticipate the Onondaga County Planning
Board requesting closure of the curb cut on the northeastern side of Buckley Road, which is
close to its intersection with Taft Road. The four houses on Taft Road would be removed. The
requested A-1 will be used to grow their stock for retail sales. Mr. Hafner would like to leave
50 to 75 feet of buffer, mostly trees, around the perimeter of the A-1 parcel, plus some interior
trees will be left. He will not have any corn poppers. There will be two entrances , one on Taft
Road with a right out only, and one on Buckley Road, that would allow right and left turns. 
The old location which is to be razed, could support three C-2's, which are low intense use.

Supervisor Rupprecht noted that this zone change is a Type I (SEQR) action.

Traffic and drainage reports have been presented to the Board.

Councilor Palmer stated that he is afraid of a C-5 option for the future and asked if the applicant
would be willing to covenant that none of the other uses would apply. Attorney Ventre said
a covenant could be given.

A 100,000 square foot building would be a full build out, but Mr. Hafner expects it will be
85,000 square feet. He plans on cutting the produce side of his business, and may possibly cut
the ice cream stand out also.

Maria Romeo of Roseanne Drive, said she didn’t want access through their street and wants the
trees left that screen her house from Taft Road.

Other residents raised concerns over drainage, buffers, traffic flow, noise , pollution, flooding,
and curb cuts. Supervisor Rupprecht explained that curb cuts are determined by the Onondaga
County Department of Transportation.

Yvonne Fuller said she was concerned with creeping commercial zoning.

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 to
September 8, 2004, to commence at 7:35 P.M. local time. Motion was seconded by
Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

The Supervisor called a brief recess at 9:25 P.M. The meeting was called back to order at 9:40 P.M.

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

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

Hal Romans, the architect representing the applicant, said the parcel in question is near the
intersection of Route 31, Crabtree Lane and Lawton Road. They feel this ten acre site is
inappropriate for a residential zone. They plan on extending Lawton Road to Route 31 where
it will meet with Legionaire Drive. Only about six acres of the parcel can be used for a
commercial building; the other portion is wetlands.

Councilor Rowley asked what the full build out could be and it could be a 80,000 square foot
building.

Fred Smith, who lives on Lawton Road, said he was concerned with infrastructure and the
traffic on Lawton Road. With the housing that is being constructed, traffic will increase. Also,
Lawton Road has a lot of dips and is only two lanes. 

Don Rapp, also a resident of Lawton Road, voiced concerns about drainage, and water going
into his basement. His wife asked why such heavy commercial zoning and also voiced concern
about traffic.

Supervisor Rupprecht said that he and Councilor Bray will be meeting with the Cicero
Supervisor and Planning people; they will talk to them about Lawton Road.

Councilor Palmer asked if the applicant would cut down the size of the parcel to the six usable
acres. He feels the C-5 is too broad for the ten acres. He wants it reduced or he won’t agree
to a C-5. He feels a C-5 should be on a larger parcel.

Supervisor Rupprecht noted some of the modifications the Onondaga County Planning Board
recommends should the zone change be approved.

Councilor Rowley said he would like to see the delineation of wetlands, a traffic report
regarding Lawton Road and State Route 31 and a drainage report, before the continuation of
this hearing in September.

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 to
September 8, 2004, to commence at 7:38 P.M. local time. Motion was seconded by
Councilor Palmer.

Ayes-6 and Noes-0. Carried.

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

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

Councilor Palmer excluded himself from the hearing because he has been working with the
applicants to obtain this walkway.

Hal Romans, the architect, explained that their plan is to construct a walkway and bicycle path
to access Meltzer Park.

Councilor Bray noted that the Onondaga County Planning Board had commented that there
be a drainage plan.

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

Project/Special District (Sewer) (PH) - Summerwood Medical Office Park Project:

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

Thomas Julian, Jr., Civil Engineer, noted that the office park is on Buckley Road, and it is
proposed to construct approximately 960 linear feet of 8-inch diameter sanitary sewer main and
appurtenances. The facilities will be constructed by the developer and conveyed at no cost to
the Town, for operation and maintenance. The estimated cost of construction is $39,300.

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

Project/Special District (Drainage) (PH) - Summerwood Medical Office Park Project:

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

Thomas Julian, Jr., Civil Engineer, noted that as in the hearing for the sewer district, the office
park is on Buckley Road. It is proposed to construct approximately 697 linear feet of 18-inch
diameter and approximately 100 linear feet of 30-inch storm sewer. The facilities will be
constructed by the developer and conveyed at no cost to the Town. The estimated cost of
construction is $43,000.

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

Project/Special District (Sewer) (PH)-Country Meadow, Section D Tract:

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

Alex Wisniewski, an engineer with L.J.R. Engineering, P.C., stated that the development
consists of 25 new single family residential lots in the Country Meadow Tract, off Caughdenoy
Road. It is proposed to construct approximately 1460 linear feet of 8-inch diameter sanitary
sewers and appurtenances to serve these homes. The facilities will be constructed by the
developer and conveyed at no cost to the Town. The probable cost of construction is $58,000.

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

Project/Special District (Drainage) (PH) - Country Meadow, Section D Tract:
A public hearing to consider a Petition for the extension 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) was opened by the Supervisor. Proof of publication and
posting was furnished by the Town Clerk.

Alex Wisniewski, an engineer with L.J.R. Engineering, P.C., stated that as in the hearing for the
sewer district the 25 new single family residential lots are in the Country Meadow Tract, off 
Caughdenoy Road. It is proposed to construct approximately 3350 linear feet of 8-24 inch
diameter storm sewers and appurtenances. The facilities will be constructed by the developer
and dedicated to the Town at no cost. The probable cost of construction is $84,000.

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 #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 06-21-04 Town Board Meeting.)

Attorney Robert Ventre noted that the Board had been waiting for a letter from the State
Department of Transportation and it has been received. There also will be no entrance into the
development off of State Route 31; the entrance will be off Legionaire Drive.

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

Bid Award - Three Rivers - Demolition of the Cibro Site Asphalt Storage Tanks:

No action taken.

Bid Award - CONSTRUCTION OF A NEW POLE BARN AT THE CLAY
HISTORICAL PARK:

Councilor Palmer moved the adoption of a resolution awarding a contract for the
CONSTRUCTION OF A NEW POLE BARN AT THE CLAY HISTORICAL PARK
to D. Hillman & Sons General Contracting for the low bid of $51,234.00, subject to
approval by the Department of New York State Office of Parks, Recreation and Historical
Preservation (Central Region). Said amount being the lowest responsible bidder. Motion was
seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Agreement/Project - COR ROUTE 31 COMPANY, LLC: 

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to enter
into an Agreement on behalf of the Town with COR ROUTE 31 COMPANY, LLC, for the
development of DELL CENTER, SECTION NO. 3 – LOT NO. 4 – PETSMART SITE
(Grossman’s Drainage District, Contract No. 5 Lateral and Clay Shopping Center Drainage
District, Contract No. 3 Lateral). Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Agreement/Project - SUMMERWOOD MEDICAL OFFICE PARK PROJECT:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to enter
into an Amended Agreement on behalf of the Town with SUMMERWOOD
DEVELOPMENT CORP., for the development of SUMMERWOOD MEDICAL
OFFICE PARK PROJECT. (Summerwood Sewer District, Contract No. 1 Lateral,
Summerwood Drainage District, Contract No. 1 Lateral) Motion was seconded by Councilor
Edick.

Ayes-6 and Noes-0. Carried.

Agreement/Project - WEGMANS FOOD MARKET – ROUTE 57/JOHN GLENN
BLVD., PROJECT:

No action taken.

Project/Special District (Sewer) - Summerwood Medical Office Park Project:

Councilor Bray moved the adoption of a resolution approving the creation of a sewer district
within the Town of Clay to be designated and known as “SUMMERWOOD SEWER
DISTRICT”. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Project/Special District (Drainage) - Summerwood Medical Office Park Project:

Councilor Bray moved the adoption of a resolution approving the creation of a drainage district
within the Town of Clay to be designated and known as “SUMMERWOOD DRAINAGE
DISTRICT”. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Project - Summerwood Medical Office Park Project:

Councilor Ulatowski moved the adoption of a resolution that it is in the public interest that the
Town of Clay approve the construction and acquire the public facilities located within the
SUMMERWOOD MEDICAL OFFICE PARK PROJECT (Summerwood Sewer District,
Contract No. 1 Lateral and Summerwood Drainage District, Contract No. 1 Lateral) in
accordance with the terms and conditions of a certain Amended Agreement entered into
between the Town of Clay and the developer SUMMERWOOD DEVELOPMENT CORP. 
Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Project/Special District (Sewer) - Country Meadow, Section D Tract:

Councilor Bray moved the adoption of a resolution approving 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”. Motion was seconded by
Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Project/Special District (Drainage) - Country Meadow, Section D Tract:

Councilor Bray moved the adoption of a resolution approving 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”. Motion was
seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Project - Country Meadow, Section D Tract:

Councilor Edick moved the adoption of a resolution that it is in the public interest that the
Town of Clay approve the construction and acquire the public facilities located within the
COUNTRY MEADOW, SECTION D TRACT (Country Meadow Sewer District,
Extension No. 1, Contract No. 1 Lateral and Country Meadow Drainage District, Extension
No. 1, Contract No.1 Lateral) in accordance with the terms and conditions of a certain
Agreement entered into between the Town of Clay and the developer GROUP ONE
DEVELOPMENT, LLC. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Project - DELL CENTER SECTION NO. 3 – LOT NO. 9 - KOHL’S SITE:

Councilor Bray 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 DELL CENTER SECTION NO. 3 – LOT NO. 9 - KOHL’S SITE (Clay Shopping
Center Drainage District, Contract No. 2 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 COR Clay Company, 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 $25,000.00 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 Rowley.

Ayes-6 and Noes-0. Carried.

Project - DELL CENTER SECTION NO. 3, AMENDED 2:

Councilor Edick moved the adoption of a resolution accepting an easement and release of
easement for drainage facilities from COR ROUTE 31 COMPANY LLC, as shown on a
Map entitled DELL CENTER SECTION NO. 3, AMENDED 2 prepared by CNY Land
Surveying Licensed Land Surveyors of Baldwinsville, New York, dated February 17, 2004, and
last revised April 14, 2004 and recorded in the Onondaga County Clerk’s Office June 1st, 2004
as Map No. 9913. Said easement is also intended to supercede and replace in its entirety that
portion of an Easement and Right of Way for drainage purposes dated February 18th, 2004
by and between the Town of Clay and COR Clay Company, LLC, COR Route 31 Company,
LLC and The Home Depot USA, Inc., recorded in the Onondaga County Clerk’s Office
February 21, 2003 in Book 04767 at page 542 that effects real property owned by Grantor and
shown as Lot 9 on said Map. Subject to approval as to form and content by the Town
Attorney. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Securities (release)/Project - LAWTON VALLEY HUNT TRACT, SECTION NO. 4:

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation
of the Superintendent of Highway, authorizing the release of 100% of the original amount
posted for Highway Construction Guarantee by KELLY-TOBIN DEVELOPMENT
CORPORATION for LAWTON VALLEY HUNT TRACT, SECTION NO. 4 
(Dongara Lane, 805 lf and Ernest Way, 285 lf). The roads have been completed in
accordance with Town Highway Specifications. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Fire Hydrants:

Councilor Edick moved the adoption of a resolution approving the installation of two (2) fire
hydrants in Lawton Valley Hunt Water Supply District and authorizing the Supervisor to
execute the OCWA fire hydrant application. (Hydrant Nos. 10497 and 10498) Motion was
seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Grant Funding - Local Waterway Revitalization Program- Year 2004 and 2005:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to execute an
application for grant funding pursuant to the Local Waterway Revitalization Program-
Year 2004 and 2005. This application requests funding for a coastal waterway study for Clay’s
waterways in general, and the Three Rivers Area in particular. Motion was seconded by
Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Project/Special District (Drainage) (CPH) - Dell Center Section No. 3, Lot No. 4 –
PetsMart Project:

Councilor Rowley moved the adoption of a resolution calling a public hearing August 16th,
2004, commencing at 7:38 P.M., local time, to consider a petition for the construction and
acquisition of a lateral sewer system located within the Grossman’s Drainage District to be
designated and known as “GROSSMAN’S DRAINAGE DISTRICT CONTRACT NO.
5 LATERAL”. (Dell Center Section No. 3, Lot No. 4 – PetsMart Project) Motion was
seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Project/Special District (Drainage) (CPH) - Dell Center Section No. 3, Lot No. 4 –
PetsMart Project:

Councilor Rowley moved the adoption of a resolution calling a public hearing August 16th,
2004, commencing at 7:41 P.M., local time, to consider a petition for the construction and
acquisition of a lateral drainage system located within the Clay Shopping Center Drainage
District to be designated and known as “CLAY SHOPPING CENTER DRAINAGE
DISTRICT, CONTRACT NO. 3 LATERAL”. (Dell Center Section No. 3, Lot No. 4 –
PetsMart Project) Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Project/Special District (Water) (CPH) - Summerwood Medical Office Park Project:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing August 16th,
2004, commencing at 7:44 P.M., local time, to consider a petition for the creation of a water
supply district within the Town of Clay to be designated and known as “SUMMERWOOD
WATER SUPPLY DISTRICT”. (Summerwood Medical Office Park Project) Motion was
seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Project/Special District (Drainage) (CPH) - Wegmans Food Market – Route 57/John
Glenn Blvd., Project:

No action taken.

Project/Special District (Water) (CPH) - Wegmans Food Market – Route 57/John Glenn
Blvd., Project:

No action taken.

Zone Change (FEIS) - 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 Bray moved the adoption of a resolution accepting the FINAL
ENVIRONMENTAL IMPACT STATEMENT submitted by 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 on 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). Said FEIS appears to comply with the requirements set forth in Article 8 of the
Environmental Conservation Law. (The Town Board intends to make a decision on this zone
change at the August 16th, 2004 Town Board Meeting. Motion was seconded by Councilor
Edick.

Ayes-6 and Noes-0. Carried.

Project - SUMMERWOOD MEDICAL OFFICE COMPLEX:

Councilor Ulatowski moved the adoption of a resolution approving the Final Plans for the
SUMMERWOOD MEDICAL OFFICE COMPLEX (Summerwood Sewer District,
Contract No. 1 Lateral; Summerwood Drainage District, Contract No. 1 Lateral and
Summerwood Water Supply District, under contract with OCWA) and authorizing the
Supervisor to execute the necessary forms therefore. (Contract documents) Motion was
seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Project - COUNTRY MEADOW, SECTION D TRACT:

Councilor Edick moved the adoption of a resolution approving the Final Plans for the
COUNTRY MEADOW, SECTION D TRACT (Country Meadow Sewer District,
Extension No. 1, Contract No. 1 Lateral and Country Meadow Drainage District, Extension
No. 1, Contract No. 1 Lateral) and authorizing the Supervisor to execute the necessary forms
therefore. (Contract documents) Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Securities/Project - DELL CENTER, SECTION NO. 3 TRACT:

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation
of the Town Engineers, authorizing the release of the remaining $75,000.00 security posted
for the construction of the overland drainage facilities within the DELL CENTER,
SECTION NO. 3 TRACT to the developer COR ROUTE 31 COMPANY, LLC. The
Town Engineers have made a field inspection of said commercial subdivision and found the
facilities to be complete. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Town Hall/Contract (cleaning)- Niland Building Services/Matrix Integrated Facility
Management:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to execute a
Renewal Janitorial Contract with Niland Building Services/Matrix Integrated Facility
Management, said contract to expire August 14, 2007. Motion was seconded by Councilor
Bray.

Ayes-6 and Noes-0. Carried.

Parkland Funds:

Councilor Bray moved the adoption of a resolution accepting the Planning Board
recommendation on Park and Recreation Area for the ORANGE COMMONS
SUBDIVISON, by MalDel Development LLC, located on Route 31, opposite the Clay Town
Hall for 114 single Family House Lots. (Recommendation by the Planning Board is 114 lots
x $500.00 = $57,000.00) Motion was seconded by Councilor Rowley.

Commissioner Tessier explained that the Onondaga County Water Authority has a 99 foot right
of way through the property. They will not allow any permanent structures or fences that will
block access. With a permit from OCWA, they will allow paving, and will allow some
playground equipment if it is not near the pipe.

Councilor Palmer said he didn’t think the Town should put playground equipment on private
property.

Ayes-5, Noes-0, Abstention-1, Councilor Palmer abstaining. Carried.

Authorization - The Erie Canal National Heritage Area:

Supervisor Rupprecht moved the adoption of a resolution authorizing and directing the
Supervisor to file an application for funds from the New York State Office of Parks and
Recreation and Historic Preservation in accordance with provisions of Title 9 of the
Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act
of 1965, in an amount not to exceed $360,120.00, and upon approval of said request to enter
into and execute a project agreement with the State for such financial assistance to the Town of
Clay for The Erie Canal National Heritage Area project and, further to execute any other
documents/instruments that may be required. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Authorization/Contract - SALT SHED/HIGHWAY DEPARTMENT:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to enter
into a contract with O’BRIEN & GERE ENGINEERS, INC., for the design of a SALT
SHED FOR USE BY THE HIGHWAY DEPARTMENT, for a sum not to exceed
$19,500.00. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Bond Resolution - SALT SHED/HIGHWAY DEPARTMENT:

Councilor Ulatowski moved the adoption of a Bond Resolution in the amount of $300,000.00
for THE CONSTRUCTION OF A SALT SHED FOR USE BY THE HIGHWAY
DEPARTMENT. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 12:20 A.M. upon motion by Councilor Bray and seconded by
Councilor Rowley. Ayes-6 and Noes-0. Carried.

Archived Minutes