September 20, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 20th of September, 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
Vivian I. Mason             Town Clerk
Robert Germain             Town Attorney
Doug Wickman             Town Engineer

ABSENT:
Damian M. Ulatowski   Councilor
David Tessier               Commissioner of Planning & Development

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 Palmer moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on September 8, 2004. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

A presentation was made to the Town by Doug Wickman regarding an engineering excellence award given by the American Council of Engineering Company of Companies of New York,
regarding the Horseshoe Island Low Pressure Sewer System by C & S Engineers, Inc. The sewer system’s cost of construction was a state funded grant through Senator John DeFrancisco’s office. Art Levy, representing Senator DeFrancisco, was there for the
presentation.  * Present also was Orrin MacMurray, President of C & S Engineers.  (* sentence added at October 4th, 2004 Town Board Meeting)

Jim Linenbach of Fairway East requested the Town Board ask the Planning Board to re-open the hearing regarding a builder’s request for cluster housing. They were particularly concerned
with the information that driveways may be constructed on Fairway East. No other driveways were permitted in the past. The Supervisor explained that legally the Town Board cannot
interfere with the functions of the Planning Board.

Zone Change (decision) - 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: 

No action taken. Awaiting a letter regarding traffic from New York State Department of Transportation. 

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

No action taken. The letter from the New York State Department of Transportation has just been received. 

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

No action taken.

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

Councilor Rowley 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) having been declared a Type 1 action on September 8th, 2004, involving other permit granting agencies outside the Town to whom notification must be given, that the Town Board proposes that without dissent from another agency that the lead agency designated will be the Clay Town Board. Motion was seconded by Councilor Edick.

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

Carried.

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

Councilor Rowley moved the adoption of a resolution that 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) 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, and delineation of the wetlands as supplements to the Environmental Assessment Form. The Town Board proposes that without
dissent from another agency the lead agency designated will be the Clay Town Board. Motion was seconded by Councilor Palmer.

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

Carried.

Zone change (PH) - Town Case #906 - ANCOR, INC., and ANTHONY V. CALASCIBETTA:

A public hearing to consider the application of ANCOR, INC., and ANTHONY V. CALASCIBETTA for a change of zone from Office and Retail Store (C-2) District to Restaurant (C-8) District on property located at 8195 Oswego Road, (Tax Map No.: 066.-
01-43.2) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Michael Villa, representing Mr. Calascibetta, said they are proposing a sit down and eat pizzeria. They will not serve any alcohol, and will serve mostly pizza and wings, plus a few other items.  They would like to use an existing structure for a pizzeria . They will put a new front on this building, which is located in front of the Casual Estates Mobil Home Court. (The structure was
previously used as a laundromat and convenience store.)

The Supervisor asked if any variances would be needed and Mr. Villa said no.

Councilor Palmer questioned the C-8. He feels there will be take out, and that’s not under a C 8.

Councilor Rowley noted that most restaurants have pick-up food service.

Supervisor Rupprecht commented that a drive-thru would require a special permit. Mr. Villa explained that this would be like a Pizza Hut.

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 October 4, 2004, commencing at 7:47 P.M. local time. Motion was seconded by Councilor Rowley. 

Ayes-6 and Noes-0. Carried.

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

Neither the applicant nor a representative was present. No action taken. Public hearing will be held October 4, 2004 at 7:50 p.m. local time.

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

A public hearing, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board 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 Supervisor. (Adjourned to
this date and time at the September 8th, 2004 Town Board Meeting.) Proof of publication and posting was furnished by the Town Clerk.

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.

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

A public hearing, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board 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 Supervisor. 
(Adjourned to this date and time at the September 8th, 2004 Town Board Meeting.) Proof of publication and posting was furnished by the Town Clerk.

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.

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

A public hearing, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board to consider amendment of Chapter 211 entitled Traffic & Vehicles
Ordinance, Section 211-42, Schedule IX, Stop Intersections on motion of the Town Board, 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 Supervisor. (Adjourned to this date and time at the September 8th, 2004 Town Board Meeting.) Proof of publication and posting was furnished by the Town Clerk.

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.

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

No action taken. Waiting for input from the police and the highway department.

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

No action taken. Waiting for input from the police and the highway department.

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

No action taken. Waiting for input from the police and the highway department.

Bid Award - CLAY SENIOR CENTER (roof):

Councilor Rowley moved the adoption of a resolution awarding a contract for a ROOFING PROJECT at the CLAY SENIOR CENTER on NYS ROUTE 31 to Josall Syracuse, Inc.,
for the low bid of $48,800. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Bid Award/Highway - SALT SHED:

Councilor Rowley moved the adoption of a resolution awarding a contract for THE CONSTRUCTION OF A SALT SHED FOR USE BY THE HIGHWAY DEPARTMENT to Murnane Building Contractors, for the low bid of $272,300. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Appointment - CLAY VOLUNTEER FIRE DEPARTMENT, INC.:

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

Ayes-6 and Noes-0. Carried.

Zone change - Town Board Case #907 - GEORGIAN COURT ENTERPRISES, LLC,:

Councilor Edick moved the adoption of a resolution calling a public hearing October 4th, 2004, commencing at 7:38 P.M., local time, to consider to consider the application of GEORGIAN COURT ENTERPRISES, LLC, for a change of zone, amendment of the Restrictive Covenants filed in the Onondaga County Clerk’s Office March 15th, 1995, to change from the approved limit of 72 apartment units in 18 buildings with ¾ acre open space restriction on a portion of the existing Apartment (R-4) District with certain restrictions to Apartment (R-4) District amending restrictions with Town Board approval to allow
94 apartment units in 4 buildings, a community and maintenance building, with 3 to 4 acres of open space, off of Grampian Road, and all other restrictive covenants will remain in full force and effect on property located northerly of Grampian Road, westerly of Morgan Road and southerly of John Glenn Boulevard, (Tax Map No. 104.-03-12.0). Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Councilor Bray left the Board.

Traffic & Vehicles/Stop Signs (CPH) - OAKWOOD DRIVE/CEDARCREST CIRCLE:

Councilor Rowley moved the adoption of a resolution calling a public hearing October 4th, 2004, commencing at 7:41 P.M., local time, 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 at the intersection OAKWOOD DRIVE and CEDARCREST CIRCLE and for the installation of all necessary
signs therefore. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs (CPH) - SWALLOW PATH/WARBLER WAY:

Councilor Rowley moved the adoption of a resolution calling a public hearing October 4th, 2004, commencing at 7:44 P.M., local time, 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 at the intersection SWALLOW PATH and WARBLER WAY, (thus creating a three way stop) and for the
installation of the necessary signs therefore. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Traffic & Vehicles - Court Fees:

Supervisor Rupprecht moved the adoption of the following resolution:

WHEREAS, Vehicle and Traffic Law, §1803 governs the disposition of fines and penalties collected in connection with convictions; and

WHEREAS, Chapter 56 of the Laws of 2004, effective August 20, 2004, changed the distribution of the fines taking them away from municipalities and placing them in the State Treasury; and

WHEREAS, this change in the fine and penalties distribution formula will result in a loss to local taxpayers of more than $20 million in fine monies---monies which have historically been
used to fund justice court operations; and

WHEREAS, this State Budget provision with its immediate effective date will result in significant 2004 deficits and will negatively impact town property tax rates for 2005; 

NOW, THEREFORE, BE IT 

RESOLVED, that the Town of Clay calls for the restoration of the original fine distribution formulas in order to provide towns with necessary revenues to fund justice court operations; 
And

BE IT FURTHER RESOLVED, that the Town of Clay urges the passage of legislation introduced by Senator Bonacic (S.7757) and Assemblyman Cahill which amends the Vehicle and Traffic Law to restore this source of revenue to local governments; and further to send a copy of this resolution, to Governor George E. Pataki; Joseph L. Bruno, Majority Leader of the
Senate; Sheldon Silver, Speaker of the Assembly and others as shown on the formal resolution that will be on file in the Town Clerk’s Office. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Grant/Police Department - TraCS – Electronic Ticket and Accident Report Project:

Councilor Rowley moved the adoption of a resolution approving the grant application by the Town of Clay Police Department for the TraCS – Electronic Ticket and Accident Report Project and further authorizing the Supervisor to execute same. (TraCS will automate traffic tickets and accident report systems, thereby improving traffic records - Grant total $14,071.21±). Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Personnel - Highway:

Councilor Rowley moved the adoption of a resolution to adjust the Town of Clay employee counts within the Town of Clay Highway Department with the Onondaga County Department of Personnel for approving the addition of five (5) Motor Equipment Operator positions, three (3) Laborer positions and one (1) Automotive Mechanic position in accordance with the requirements of New Position Duties Statement, Form P-300 rev. 7/99. (No personnel are being added in the highway department – this adjustment is due to promotions after receiving CDL licenses, necessitating additional MEO titles and mechanics that are carrying an MEO title have the correct title with Civil Service.) Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Executive Session 

Councilor Edick moved the adoption of a resolution to convene an executive session of the Town Board. In executive session, town officials intend to discuss the possible purchase of real property for dedication as park land, as well as the specific terms of a proposed agreement.  Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

The Board entered into Executive Session at 8:35 P.M. The Board reconvened at 8:45 P.M.

Authorization/Land Purchase - Black Creek Road property:

Councilor Palmer moved the adoption of a resolution authorizing the Supervisor to execute a “Contract To Purchase” agreement on behalf of the Town of Clay for the real property consisting of approximately 49 acres of land (including a structure) located on Black Creek Road for the sum of $168,000.00. The contract is contingent upon a satisfactory subdivision of the property. Motion was seconded by Councilor Edick.

The Supervisor explained that the land is near Lock 23 and that the Town would like to use the interest from parkland funds to purchase this parcel. He gave credit to Councilor Palmer and
former Superintendent of Highway, William Weaver who were active in obtaining this property.

Councilor Palmer commented that the Town is very fortunate to obtain this property.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:00 P.M. upon motion by Councilor Rowley and seconded by Councilor Palmer. Ayes-5 and Noes-0. Carried.

Archived Minutes