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Town Board Minutes
November 1, 2004
At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the
Town Hall, Clay, New York on the 1st of November, 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 October 18, 2004. Motion was seconded by Councilor Palmer.
Ayes-6 and Noes-0. Unanimously carried.
Councilor Edick took his place on the Board.
Correspondence/Other Business:
Leo Williams of River Road, thanked the Board for helping him with the problem of the dirt
bikes behind his house. He said they stopped, although they were blowing air horns and were
out on bikes for about 20 minutes.
Budget (PH) - 2005 Special Districts:
A public hearing to consider the adoption of the proposed 2005 Special Districts Budget for
the Town of Clay was opened by the Supervisor. Proof of publication and posting was
furnished by the Town Clerk.
John Shehadi gave a brief overview of the Special Districts Budget, which covers sewer, water,
drainage, hydrant, lighting, brush and garbage districts. Some of the items to be billed to the
homeowners are due to a bonding debt for utilities, and payments are made by the taxpayers
of that district, until the bond is paid off. Another part of the budget is a charge for anticipated
repairs and maintenance, which acts as an insurance policy, so that one taxpayer would not have
to absorb the total cost of repair and maintenance.
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.
Budget (PH) -2005 Fire Budget:
A public hearing to consider the adoption of the proposed 2005 Fire Budget for the Town
of Clay was opened by the Supervisor. Proof of publication and posting was furnished by the
Town Clerk.
The Supervisor stated that members from the Board have met with the fire departments.
Councilor Rowley explained that the Town has contracts with five fire departments to cover the
Town, Moyers Corners, Clay, Caughdenoy, Brewerton and North Syracuse Fire Department.
The calls the departments respond to increase each year, and the departments are a valuable
asset to the Town. Moyers Corners needs to make some repairs to their building. Also the cost
for workers compensation is increasing. The proposed tax rate for 2005 is $19.42 a slight
increase from 2004's tax rate of $18.14.
Councilor Edick commented that our volunteer fire departments are the best in the State and
that paid firemen would cost a lot more.
Councilor Ulatowski noted that there are only 44 paid fire departments in the State, but 1,809
volunteer fire departments, and that the Town is fortunate to have volunteers.
Councilor Palmer added that the fire departments have a bunk in program to help in the
daytime hours.
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.
Budget (PH) -2005 Uniform Water Budget:
A public hearing to consider the adoption of the proposed 2005 Uniform Water Budget for
the Town of Clay was opened by the Supervisor. Proof of publication and posting was
furnished by the Town Clerk.
Councilor Palmer explained that the budget includes a 3% increase for personnel. The budget
is down over $100,000. They saved money with the new meter reading equipment which
plugs into the meters and records the reading on a disk. There will be no
increase in rates.
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.
Budget (PH) - 2005 Preliminary Budget:
A public hearing to consider the adoption of the proposed 2005 Preliminary Budget for the
Town of Clay, as the annual budget was opened by the Supervisor. Proof of publication and
posting was furnished by the Town Clerk.
Councilor Rowley reported that there had originally been a projected 4.4% increase in the
Town Budget, but after an adjustment (costs regarding Workers Compensation Insurance and
Social Security were figured incorrectly) the new projected increase is 3.9%.
Supervisor Rupprecht stated that there were very few changes in services. The Town hopes to
purchase a GEIS System.
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.
The Supervisor called for a brief recess at 8:30 P.M. The meeting was called back to order at 8:33 P.M.
Zone change (SEQR) - Town Board Case #901 - GARY J. HAFNER:
Councilor Ulatowski moved the adoption of a resolution that 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) 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 Palmer.
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 (A) - Town Board Case #901 - GARY J. HAFNER:
Councilor Ulatowski moved the adoption of a resolution approving 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) 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 (SEQR)- Town Board Case #908 - JOLU DEVELOPMENT COMPANY and JOHN G. and ALEXANDER J.
TOOLEY:
Councilor Ulatowski moved the adoption of a resolution that the application of JOLU
DEVELOPMENT COMPANY and JOHN G. and ALEXANDER J. TOOLEY for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1A)
District on property located at 5401-5501 New York State Route 31, consisting of 40.2±
acres, (Tax Map No. 051.-01-02.1) 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 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 yes
Councilor Edick yes
Unanimously carried.
Zone Change (no action)- Town Board Case #908 - JOLU DEVELOPMENT COMPANY and JOHN G. and ALEXANDER J.
TOOLEY:
No action taken due to Type I action requiring a 30 day comment period.
Zone Change (SEQR)- Town Board Case #909 - FRED JAMES KLOPFER:
Councilor Rowley moved the adoption of a resolution that the application of FRED JAMES
KLOPFER for a change of zone from Agricultural (A-1) District to Residential Office (R-
6) District on property located at 314 Rural Lot, Oswego Road, just north of Linda Lane,
consisting of approximately 1.35 acres, (Tax Map No. 018.-02-13.0) 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 Palmer.
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 (D)- Town Board Case #909 - FRED JAMES KLOPFER:
Councilor Rowley moved the adoption of a resolution denying the application of FRED
JAMES KLOPFER for a change of zone from Agricultural (A-1) District to Residential
Office (R-6) District on property located at 314 Rural Lot, Oswego Road, just north of
Linda Lane, consisting of approximately 1.35 acres, (Tax Map No. 018.-02-13.0). Motion
was seconded by Councilor Bray.
Supervisor Rupprecht said the zoning is against the Route 31 Corridor study. The Town is in
the process of rewriting the zoning ordinance and the Town could reconsider this request when
the new code is adopted.
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 (A) - Town Board Case #904 Amended - KELLY-TOBIN DEVELOPMENT
CORPORATION:
Councilor Bray moved the adoption of a resolution approving the amended application of
KELLY-TOBIN DEVELOPMENT CORPORATION for a change of zone from Agricultural (A-1) District and One-Family Residential (R-2) 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 at Legionnaire Drive (part of Tax Map
No. 077.-01-01.1 and all of 077.-01-01.2). Adjourned to this date and time at the 10-04-04
Town Board Meeting. (SEQRA done on 9-20-04 agenda) Motion was seconded by Councilor
Rowley.
The Supervisor said he was voting for approval as he felt it is in the public interest to have
commercial nearby residential areas. This commercial is reduced in size and the applicant has
agreed and will make the design of the building with a residential appearance. They will
take into account that nearby residents will be able to walk to it.
Councilor Bray commented that the 1987 land use study refers to a long term need for interior
access. The letter from the New York State Department of Transportation dated October 18,
2004 states that they find the zone change acceptable, but want they no access from State Route
31 and they want alignment of the Lawton Road extension.
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 (SEQR)- Town Board Case #907 - GEORGIAN COURT ENTERPRISES,
LLC,:
Councilor Ulatowski moved the adoption of a resolution that the application of GEORGIAN
COURT ENTERPRISES, LLC, for a change of zone, amendment of the Restrictive
Covenants filed in the Onondaga County Clerks Office March 15th, 1995, to change from the
approved limit of 72 apartment units in 18 buildings with Ύ 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) ) 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 Palmer.
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 (A)- Town Board Case #907 - GEORGIAN COURT ENTERPRISES,
LLC,:
Councilor Ulatowski moved the adoption of a resolution approving the application of
GEORGIAN COURT ENTERPRISES, LLC, for a change of zone, amendment of the
Restrictive Covenants filed in the Onondaga County Clerks Office March 15th, 1995, to
change from the approved limit of 72 apartment units in 18 buildings with Ύ 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).
Adjourned to this date and time at the 10-04-04 Town Board Meeting. Motion was seconded
by Councilor Palmer.
Supervisor Rupprecht yes
Councilor Palmer yes
Councilor Rowley - yes
Councilor Rycraft yes
Councilor Bray yes
Councilor Ulatowski yes
Councilor Edick yes
Unanimously carried.
Project/Securities - THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO.
2:
Councilor Edick moved the adoption of a resolution that the Town of Clay having conducted
public hearings to consider the construction and acquisition of drainage and sewer facilities
located only within THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 2 (Euclid Sewer District, Extension No. 6, Contract No. 1 Lateral, Euclid Sewer District, Extension No.
2, Contract No. 3 Lateral, Fairway Drainage District, Extension No.3, Contract No. 1 Lateral,
Fairway Drainage District, Extension No. 2, Contract No. 3 Lateral) and the construction of said
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 that
the developer post $50,000.00 to guarantee the cost of completion of overland drainage
facilities as shown on a list prepared by the Town Engineers under date of October 12, 2004,
and to post the necessary security for highway construction; repair and maintenance for sewer
and drainage facilities; payment of all estimated legal, engineering and administrative fees, which
include estimate future fees; and further contingent upon the developer having complied with
all the requirements set forth in an Agreement between the Town of Clay and BARBET
DEVELOPMENT CORPORATION that the Town accept title to such facilities. Motion
was seconded by Councilor Palmer.
Supervisor Rupprecht yes
Councilor Palmer yes
Councilor Rowley - yes
Councilor Rycraft yes
Councilor Bray yes
Councilor Ulatowski yes
Councilor Edick yes
Unanimously carried.
Project/Easement - THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 2:
Councilor Edick moved the adoption of a resolution accepting an easement for drainage and
sewer facilities located within THE VILLAGES AT FAIRWAY EAST TRACT, SECTION
NO. 2, (Euclid Sewer District, Extension No. 6, Contract No. 1 Lateral, Euclid Sewer District,
Extension No. 2, Contract No. 3 Lateral, Fairway Drainage District, Extension No.3, Contract No.
1 Lateral, Fairway Drainage District, Extension No. 2, Contract No. 3 Lateral) from BARBET
DEVELOPMENT CORPORATION. Motion was seconded by Councilor Palmer.
Ayes-7 and Noes-0. Unanimously carried.
Project/Deed - THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 2:
Councilor Edick moved the adoption of a resolution accepting a warranty Deed, Dedication,
Application and Release of Damage for Town roads as shown on a map of THE VILLAGES
AT FAIRWAY EAST TRACT, SECTION NO. 2 from BARBET DEVELOPMENT CORPORATION. Motion was seconded by Councilor Palmer.
Ayes-7 and Noes-0. Unanimously carried.
Adjournment:
The meeting was adjourned at 8:58 P.M. upon motion by Councilor Bray and seconded by
Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.
Archived Minutes
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