September 8, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 8th of September, 2004 at 7:30 P.M., there were:

PRESENT:
James Rowley             Councilor/Deputy Supervisor
David R. Palmer          Councilor
Clarence A. Rycraft     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:
Mark Rupprecht         Supervisor
Naomi Bray                Councilor

The meeting was called to order by Deputy Supervisor Rowley 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 August 16, 2004. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Correspondence/Other Business:

Leo Williams, 133 Riverdale Road, voiced a complaint for their neighborhood with regard to dirt bikes, four-wheel recreation vehicles, etc. using the land behind them for these vehicles. 
The neighbors have to endure the noise which is unbearable. Complaints have only made them create more noise. Deputy Supervisor Rowley stated that he would call Monday about setting
up a meeting to discuss this and see what can be done about it.

David Arnold inquired about the Supervisor position. He voiced concern for the EEE virus and standing water. He also inquired about the contract for the Three Rivers property.

Zone change (SEQR) - Town Board Case #901 - GARY J. HAFNER:

No action taken.

Zone change (decision) - Town Board Case #901 - GARY J. HAFNER:

No action taken.

Zone change (PH) - 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 34.1,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 Deputy Supervisor. Proof of
publication and posting was furnished by the Town Clerk. Adjourned to this date and time at the July 19th, 2004 Town Board Meeting.

Attorney Robert Ventre said they had nothing further to report, and that the traffic report has been provided.

Doug Wickman said they were reviewing the report and were in the process of analyzing it. 

Councilor Palmer stated that the C-5 zone has a lot of latitude, and would the applicant consider a covenant regarding limitation of the size of a restaurant to no larger than 5,000 square feet. 
Also, the A-1 portion where the applicant has offered a buffer of trees, would they consider a covenant retaining that buffer.

Attorney Ventre said a buffer was being prepared.

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

Councilor Palmer moved the adoption of a resolution adjourning this public hearing to September 20, 2004, at 7:37 p.m. local time. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

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

Councilor Ulatowski moved the adoption of a resolution that 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 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 is a Type 1 action which involves other permit granting agencies outside the Town to whom notification must be given; that a lead agency must be designated within 30 days and requires the preparation of studies addressing traffic, drainage, noise, lighting, signage and visual impact. Motion was seconded by Councilor Edick.

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

Carried.

Zone change (PH) - Town Board Case #905 - 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 Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk. Adjourned to this date and time at the July 19th, 2004 Town Board Meeting.

Hal Romans, the surveyor representing the applicant, stated that after discussion, they have decided to amend the application, reducing the acreage to 6.8 acres and changing the requested
zone to an Office and Retail Store (C-2) District.

Deputy Supervisor Rowley 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.

Zone change (CPH) - Town Board Case #905 Amended - KELLY-TOBIN DEVELOPMENT CORPORATION:

Deputy Supervisor Rowley moved the adoption of a resolution calling a public hearing October 4, 2004, commencing at 7:35 p.m., local time, to consider the amended application of KELLY-TOBIN DEVELOPMENT CORPORATION for a change of zone from One-Family Residential (R-2) District and Agricultural (A-1) District to Office and Retail Store (C-2) District on property, consisting of 6.8 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 Palmer.

Ayes-5 and Noes-0. Carried.

Zone change (SEQR) - Town Board Case #905 - KELLY-TOBIN DEVELOPMENT CORPORATION:

No Action taken, as applicant is submitting an amended application.

Municipal Code/Fees (PH) - Local Law No. 2 of the Year 2004:

A public hearing to consider proposed LOCAL LAW NO. 2 OF THE YEAR 2004 Amending Chapter 105.4 A, Schedule of Fees, Building Construction, Building Permit Fees, to amend adding additional fees for Administrative Research, Inspections, Administrative Subdivision and Additional Advertising Fees and to delete Gasoline Service Station and Sewage Disposal Systems, Individual Fees; Section 105.4 B. Additional Fees (1) Town Clerk’s Office increasing cost of Zoning Maps and Section 105.4(3) Town Board Services for Special District Improvements to increase legal, engineering and administrative cost for commercial and residential subdivisions, to set forth the stages that fees are required to be posted. The purpose of this amendment is to allow developers to have a more accurate cost factor for legal, engineering and administrative fees. A copy of such proposed changes is on file in the Town Clerk’s Office was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier presented the changes to the fee schedules. The reason for these changes is to recover some of the costs related to the services the Planning Department performs. The
quantity of requests has increased, and additional advertizing needs to be done in some cases and this will allow the Town to keep up with the times. They talked to other towns and compared the fees before proposing this legislation.

Councilor Rycraft said he thought the fees were fair and he thanked Commissioner Tessier for his efforts.

Dave Arnold asked if the Town had notified the Home Builders Association of these changes and Commissioner Tessier said they had not.

Councilor Edick commented that our fees are still less than other towns.

Deputy Supervisor Rowley 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.

Traffic & Vehicles/Stop Signs (PH) - LAWTON VALLEY HUNT TRACT, SECTION NO. 4, 5 & 6:

A public hearing to consider amendment of Chapter 211 entitled Traffic & Vehicles Ordinance, Section 211-42, Schedule IX, Stop Intersections of the Town of Clay Code, to designate and provide for STOP SIGNS within the LAWTON VALLEY HUNT TRACT, SECTION NO. 4, at the following location: on the western corner at the intersection of Dongara Lane and Ernest Way, at the southeastern corner of Parcel # 48; LAWTON
VALLEY HUNT TRACT, SECTION NO. 5 at the following location: at the eastern corner at the intersection of Dongara Lane and Ernest Way, on the northwestern corner of Parcel # 40; and LAWTON VALLEY HUNT TRACT, SECTION NO. 6, at the following locations: on the northeastern corner at the intersection of Barcaldine Drive and Ernest Way; on the eastern corner at the intersection of Harriet Fisher Drive and Ernest Way and on the
southern corner at the Intersection of Brisbane Trail and Harriet Fisher Drive and for the installation of all the necessary signs therefore was opened by the Deputy Supervisor. Proof of
publication and posting was furnished by the Town Clerk.

Commissioner Tessier gave a brief overview of the locations of proposed stop signs on a tract map. Several years ago it was decided that at site plan approval, the Planning Board, consulting
with the Town engineers and the code enforcement officers, who are familiar with these tracts, should make recommendations as to where stop signs should be installed.

Councilor Palmer said he would also like the Police Commissioner and a representative from the highway department to review the locations and make further recommendations if necessary. Councilor Rycraft agreed with Councilor Palmer.

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

Councilor Palmer moved the adoption of a resolution adjourning this public hearing to September 20, 2004, commencing at 7:38 p.m. local time. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs (PH) - HUNTER RUNNE TRACT:

A public hearing to consider amendment of Chapter 211 entitled Traffic & Vehicles Ordinance, Section 211-42, Schedule IX, Stop Intersections of the Town of Clay Code, to designate and provide for STOP SIGNS within the HUNTER RUNNE TRACT at the
following locations: on the eastern corner at the intersection of Nutcracker Trail and Underbrush Trail; on the northern corner at the intersection of Underbrush Trail and Sutcliffe Drive at the southwestern corner of Lot # 20; on the western corner at the
intersection of Nutcracker Trail and Sutcliffe Drive and on the western corner at the intersection of Underbrush Trail and Sutcliffe Drive, at the southeastern corner of Lot # 5 and for the installation of all the necessary signs therefore was opened by the Deputy Supervisor.  Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier gave a brief overview of the locations of proposed stop signs on a tract map.

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

Councilor Palmer moved the adoption of a resolution adjourning this public hearing to September 20, 2004, commencing at 7:41 p.m. local time. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs (PH) - VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1:

A public hearing to consider amendment of Chapter 211 entitled Traffic & Vehicles Ordinance, Section 211-42, Schedule IX, Stop Intersections of the Town of Clay Code, to designate and provide for STOP SIGNS within the VILLAGES AT FAIRWAY EAST
TRACT, SECTION NO. 1, at the following locations: on the northwest corner at the intersection of Fairway Drive East and Green River Way, north of Poseidon Circle; on the southeast corner at the intersection of Green River Way and Trellis Brook Lane; and on the western corner at the intersection of Fairway Drive East and Trellis Brook Lane; and for the installation of all the necessary signs therefore was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier gave a brief overview of the locations of proposed stop signs on a tract map.

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

Councilor Palmer moved the adoption of a resolution adjourning this public hearing to September 20, 2004, commencing at 7:44 p.m. local time. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Bid Award - OLD FIRE STATION (roof):

Councilor Ulatowski moved the adoption of a resolution awarding a contract for a ROOFING PROJECT at the OLD FIRE STATION on NYS ROUTE 31 to Josall Syracuse, Inc., for the low bid of $38,350. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Bid Award (rejection) - CLAY SENIOR CENTER (roof):

Councilor Rowley moved the adoption of a resolution rejecting the bids for a ROOFING PROJECT at the CLAY SENIOR CENTER on NYS ROUTE 31. Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Bid Advertizement - CLAY SENIOR CENTER (roof):

Deputy Supervisor Rowley moved the adoption of a resolution authorizing the advertizement of bids for a ROOFING PROJECT at the CLAY SENIOR CENTER on NYS ROUTE 31. Bids to be received until September 20, 2004 at 11:00 a.m. Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Municipal Code/Fees (A) - Local Law No. 2 of the Year 2004:

Councilor Ulatowski moved the adoption of a resolution approving as proposed LOCAL LAW NO. 2 OF THE YEAR 2004 Amending Chapter 105.4 A, Schedule of Fees,
Building Construction, Building Permit Fees, amending said fees and adding additional fees for Administrative Research, Inspections, Administrative Subdivision and Additional
Advertising Fees, deleting fees for Gasoline Service Station and Sewage Disposal Systems, Individuals; and Section 105.4 B. Additional Fees (1) Town Clerk’s Office increasing cost
of Zoning Maps and Section 105.4(3) Town Board Services for Special District Improvements increasing fees for legal, engineering and administrative cost for commercial and residential subdivisions, and setting forth the stages that such fees are required to be posted.  The purpose of this amendment is to allow developers to have a more accurate cost factor for legal, engineering and administrative fees. A copy of such changes will be on file in the Town Clerk’s Office. Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs (decision) - LAWTON VALLEY HUNT TRACT, SECTION NO. 4:

No decision, the public hearing has been adjourned.

Traffic & Vehicles/Stop Signs (decision) - HUNTER RUNNE TRACT:

No decision, the public hearing has been adjourned.

Traffic & Vehicles/Stop Signs (decision) - VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1:

No decision, the public hearing has been adjourned.

Bid Advertizement - SALT SHED:

Councilor Palmer moved the adoption of a resolution authorizing the advertisement of bids for THE CONSTRUCTION OF A SALT SHED FOR USE BY THE HIGHWAY DEPARTMENT. Said bids to be received until September 17th, 2004, at 11:00 A.M., local time. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Elections - Election Districts (amended):

Councilor Palmer moved the adoption of a resolution approving the Town of Clay Election Districts and designated Polling Places for the year 2004, as amended, as shown on a list on file in the Town Clerk’s Office. (Districts 40 and 51 will now vote at Buckley Road Baptist Church) Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Project (Final Plans) - SUMMERWOOD MEDICAL OFFICE COMPLEX:

Councilor Edick 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) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Project (Final Plans) - WEGMANS FOOD MARKETS, INC. - ROUTE 57/JOHN GLENN BLVD. PROJECT:

Councilor Edick moved the adoption of a resolution approving the Final Plans for the WEGMANS FOOD MARKETS, INC. - ROUTE 57/JOHN GLENN BLVD. PROJECT (Elmcrest Drainage District, Contract No. 4 Lateral and Oswego Road Water District, Contract No. 53 Lateral) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Agreement - AMTEK:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with AMTEK for a search and hiring of a new Superintendent of Highways in an amount not to exceed $10,000.00. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Agreement - Utility Bill review:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement with TROY & BANK UTILITY AND TELECOMMUNICATIONS CONSULTANTS, on behalf of the Town to audit the Town’s utility accounts for the purpose of securing refunds, credits and cost reductions at a cost according to the schedule on file in the
Town Clerk’s Office. Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Project/Securities (release) - QUARRY POINTE TRACT:

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of $1,600.00 security posted for the repair and maintenance guarantee for the public utilities located within the QUARRY POINTE TRACT to the developer GROUP ONE DEVELOPMENT, LLC. This resolution is contingent upon the developer paying any and all fees that may be required and/or outstanding. (Quarry Pointe Drainage District, Constract No. 1 Lateral) Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Project/Securities (release) - QUARRY POINTE TRACT:

Councilor Ulatowski moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of $5,000.00 security posted for the completion of the overland drainage facilities within the QUARRY POINTE TRACT to the developer GROUP ONE DEVELOPMENT, LLC. The Town Engineers have made a field inspection of said subdivision and found the facilities to be complete. This resolution is contingent upon the developer paying any and all fees that may be required and/or outstanding.  (Quarry Pointe Drainage District, Contract No. 1 Lateral) Motion was seconded by Councilor
Edick.

Ayes-5 and Noes-0. Carried.

Sewer Hookup (release of monies):

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of monies on deposit ($5,000.00) paid by JEFFREY S. and AMI D. LAMBERT as security to restore property for Lots 19 and 20 with regard to a sewer hook-up for 7547 CAUGHDENOY ROAD. The Town Engineers have made an inspection and found that Mr. Lambert has satisfactorily restored all off-site disturbed areas to their original condition. (Tax Map No. 078.-13-35.0) This resolution is contingent upon all fees for legal, engineering and administrative fees being paid in full, if any. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Sewer Hookup (release of monies):

Councilor Ulatowski moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of monies on deposit ($5,000.00) paid by LIVERPOOL CENTRAL SCHOOLS FEDERAL CREDIT
UNION (LCSFCU) as security to restore property with regard to a sewer hook-up for 7545 MORGAN ROAD. The Town Engineers have made an inspection and found that Liverpool
Central Schools Federal Credit Union has satisfactorily restored all off-site disturbed areas to their original condition. (Tax Map No. 095.-01-06.2) This resolution is contingent upon all fees for legal, engineering and administrative fees being paid in full, if any. Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:44 P.M. upon motion by Councilor Rycraft and seconded by Councilor Palmer. Ayes-5 and Noes-0. Carried.

Archived Minutes