November 21, 2005

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 November, 2005 at 7:30 P.M., there were:

PRESENT:

Mark Rupprecht            Supervisor
James Rowley               Councilor/Deputy Supervisor
Clarence A. Rycraft       Councilor
Naomi Bray                   Councilor
Damian M. Ulatowski    Councilor
Robert L. Edick             Councilor
William C. Weaver        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 November 7, 2005. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business:

Russ Ziskind and John Marco representing NOVA (North Onondaga Volunteer Ambulance) asked the Town if it could help fund their organization so that they could increase their coverage of the Town of Clay. The only money NOVA gets is from billing and fund raising,
so they cannot afford to make some emergency calls.

Supervisor Rupprecht said that he and some of the Board members should schedule a meeting with them to discuss their request. He added that they could not include them in this years budget, but that that didn’t mean they wouldn’t be able to help this year.

Russ Mitchell asked for the status on unsafe buildings, particularly Glencrest Avenue. The Supervisor said that the Town won the case in Supreme Court, and the Town has bids out to demolish the houses.

Dave Arnold asked a question regarding the fire tax. Was a business’s inventory included in the assessment, so they would therefore pay more for fire protection. He was concerned as to how many fire calls are to commercial businesses and how many calls to residential. A business
would require more equipment and man hours and he didn’t think the commercial businesses were being charged enough. Several firemen in the audience said that the majority of their calls are residential. The Supervisor added that the Town can’t randomly increase charges using a
fair market value as a basis.

Ray Florczyk congratulated the elected officials on their recent re-election to office.

Zone change (D) - Town Board Case #926 -ROBIN DEVELOPMENT, INC., I and LAMJAK REALTY COMPANY, INC.:

Councilor Rowley moved the adoption of a resolution denying the application of ROBIN DEVELOPMENT, INC., I and LAMJAK REALTY COMPANY, INC, for a change of zone on a part of a 12.2 acres parcel, from Industrial (I-1) District, to Limited Use (LuC-1)
District for Gasoline Services - (2.5 acres), and from Industrial 1 (I-1) District to Highway Commercial (HC-1) District - (4.5 Acres) located at the southeast corner of Morgan and Wetzel Roads, (part of Tax Map No. 087.-01-01.1). Motion was seconded by Councilor Rycraft.

Supervisor Rupprecht stated that he had a problem with issues revolving around the Industrial Park District. It has been there for some time, and he feels there would have to be a strong public interest to change Industrial zoning.

Councilor Edick stated that he felt it would be a good site for a gasoline service station.

Councilor Rowley stated that he agrees with the Supervisor and added that it is an Industrial Park District and he thought the Town should protect it.

Ayes-6 and Noes-1, Councilor Edick voting no.

Traffic & Vehicles/Stop signs (PH) - LAWTON VALLEY HUNT TRACT, SECTION NO. 10:

A public hearing, on motion of the Town Board, to consider amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP SIGNS within the LAWTON VALLEY HUNT TRACT, SECTION NO. 10, at the
following locations: at the end of ROCKHAMPTON PATH as it meets BARCALDINE DRIVE; at the end of BOULIA DRIVE as it meets ROCKHAMPTON PATH; and at both ends of QUAMBY ROAD as it meets ROCKHAMPTON PATH and BARCALDINE DRIVE and for the installation of the necessary signs therefore was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier gave a brief overview of the Planning Board’s recommendation for stop sign placement in this development. Input is also from the engineer that works with the Planning Board.

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 (PH)- LAWTON VALLEY HUNT TRACT, SECTION NO. 11:

A public hearing, on motion of the Town Board, to consider amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP SIGNS within the LAWTON VALLEY HUNT TRACT, SECTION NO. 11, at the
following locations: at both ends of CONGLETON CIRCLE as it enters BARCALDINE DRIVE and for the installation of the necessary signs therefore was opened by the Supervisor.  Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier gave a brief overview of the Planning Board’s recommendation for stop sign placement in this development. Input is also from the engineer that works with the Planning Board.

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 (PH) - THE HAMLET AT FAIRWAY EAST:

A public hearing, on motion of the Town Board, to consider amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP SIGNS within THE HAMLET AT FAIRWAY EAST at the following locations: at both
ends of WHITMAN WAY as it meets FAIRWAY EAST DRIVE and at both ends of FENNIMORE COURT where it meets WHITMAN WAY and for the installation of the necessary signs therefore was opened by the Supervisor. Proof of publication and posting was
furnished by the Town Clerk.

Commissioner Tessier gave a brief overview of the Planning Board’s recommendation for stop sign placement in this development. Input is also from the engineer that works with the Planning Board.

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) - 2006 Uniform Water Budget:

A public hearing to consider the adoption of the proposed 2006 Uniform Water Budget for the Town of Clay was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht explained that he had given an overview of the budget at the November 7th, meeting, but because the public notice was inadvertently left out by the newspaper, the hearing had to be recalled for tonight.

He gave a brief overview stating that there is no proposed increase in the water rates for 2006. There is an amount budgeted for a full time person, but added that it would probably be a part time position.

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 - LAWTON VALLEY HUNT TRACT, SECTION NO. 10:

Councilor Ulatowski moved the adoption of a resolution approving amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP
SIGNS within the LAWTON VALLEY HUNT TRACT, SECTION NO. 10, at the following locations: at the end of ROCKHAMPTON PATH as it meets BARCALDINE DRIVE; at the end of BOULIA DRIVE as it meets ROCKHAMPTON PATH; and at both ends of QUAMBY ROAD as it meets ROCKHAMPTON PATH and
BARCALDINE DRIVE and for the installation of the necessary signs therefore. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Traffic & Vehicles/Stop Signs - LAWTON VALLEY HUNT TRACT, SECTION NO. 11:

Councilor Ulatowski moved the adoption of a resolution approving amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP
SIGNS within the LAWTON VALLEY HUNT TRACT, SECTION NO. 11, at the following locations: at both ends of CONGLETON CIRCLE as it enters BARCALDINE DRIVE and for the installation of the necessary signs therefore. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Traffic & Vehicles/Stop Signs - THE HAMLET AT FAIRWAY EAST:

Councilor Ulatowski moved the adoption of a resolution approving amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP
SIGNS within THE HAMLET AT FAIRWAY EAST at the following locations: at both ends of WHITMAN WAY as it meets FAIRWAY EAST DRIVE and at both ends of FENNIMORE COURT where it meets WHITMAN WAY and for the installation of the necessary signs therefore. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Budget - 2006 Special District Budget:

Councilor Rowley moved the adoption of a resolution approving and adopting the 2006 Special Districts Budget for the Town of Clay, as proposed. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Budget - 2006 Fire Budget:

Councilor Rowley moved the adoption of a resolution increasing the total of $2,468,428 to $2,496,016, increasing the 2005 surplus from $30,000 to $40,000, increasing the Fire Protection Tax from $2,588,428.00 to $2,606,016.00, and establishing the fire rate at $19.76 for the year 2006. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Rowley moved the adoption of a resolution approving and adopting the 2006 Fire Budget for the Town of Clay, as amended. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Budget - 2006 Uniform Water Budget:

Councilor Rowley moved the adoption of a resolution approving and adopting the 2006 Uniform Water Budget for the Town of Clay, as proposed. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Budget - 2006 Town of Clay Budget:

Councilor Rowley moved the adoption of a resolution approving and adopting the 2006 Preliminary Budget for the Town of Clay, as the Town of Clay Budget for the Year 2006, as proposed. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Lighting/Street Lights - CLAIRMONT SUBDIVISION:

Councilor Edick moved the adoption of a resolution authorizing the installation of one (1) 100-watt high-pressure sodium fixtures mounted on National Grid Pole No. 15 in front of 4777 Glencrest Avenue within the CLAIRMONT SUBDIVISION. The estimated annual cost for this lighting fixtures is $99.40 to be charged to the CLAY CONSOLIDATED LIGHTING DISTRICT NO. 1. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Fire Hydrant - Chuck Hafner’s Garden Center:

Councilor Edick moved the adoption of a resolution approving the installation of a fire hydrant in the Fay Road Water Supply District and authorizing the Supervisor to execute the OCWA fire hydrant application, (Fay Road Water Supply District – Chuck Hafners Garden Center - Fire Hydrant No. 10974 – Tax ID Nos. 107.-12-29, 30, 31.1, 32.1, 32.2, 33.1, 34.1, 34.2, 37, 38, 39 and 40.1). Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Fire Hydrant - Laurel Springs Assisted Living Facility:

Councilor Bray moved the adoption of a resolution approving the installation of a fire hydrant in the Vine Street Water Supply District and authorizing the Supervisor to execute the OCWA fire hydrant application, (Vine Street Water Supply District - Laurel Springs Assisted Living Facility – Fire Hydrant No. 11008 – Tax ID No. 107.-18-12 ). Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Agreement (amendment)/Hazard Mitigation - State Emergency Management Office:

Councilor Edick moved the adoption of a resolution approving an amendment to the original agreement between the State Emergency Management Office and the Town of Clay with regard to Pre Disaster Hazard Mitigation (PDM) Grant Program FFY 2003 – Town of Clay,
Single Jurisdiction Hazard Mitigation Planning Grant extending the performance period through August 31st, 2005 to August 31, 2006, and authorizing the Supervisor to execute such amendment. All other considerations of the original agreement remain in full force and
effect. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Securities/Project (release) - CLAY FIRST ASSOCIATES ROUTE 31 COMMERCIAL PROJECT:

No action taken.

Securities/Project (release) - HAMLIN FARM SUBDIVISION:

No action taken.

Securities/Project (release) - CARKNER SANITARY SEWER EXTENSION – MORGAN PLACE PROJECT:

Councilor Ulatowski moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, that the securities posted for the CARKNER SANITARY SEWER EXTENSION – MORGAN PLACE PROJECT posted by CARKNER DEVELOPMENT, LLC, be released as follows: Woodard Sewer District, Contract No. 27 Lateral from $2,700.00 to $0. The developer has satisfactorily met all engineering requirements for this project. This resolution is contingent upon all legal, engineering and administrative fees being paid. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Special Permit - Town Board Case #931 - COLONIAL VILLAGE L.L.C.:

Councilor Bray moved the adoption of a resolution calling a public hearing December 5th, 2005, commencing at 7:35 P.M., local time, to consider an application made by COLONIAL VILLAGE L.L.C. for a Town Board Special Permit to operate a Bank with Drive-In Service and possibly a Medical Office and associated parking, landscaping and site improvements in the proposed Colonial Village Office Park with four buildings, located at the southeast corner of Oswego Road and Provo Drive, Tax Map No. 067.-01-01.3. (Owner is Estelle Provo and/or Helen Provo). Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Local Law No. 3 - Fees:

Supervisor Rupprecht moved the adoption of a resolution calling a public hearing December 5th, 2005 commencing at 7:38 P.M., local time, to consider proposed Local Law No. 3 to amend Chapter 105 entitled “FEES” of the Code of the Town of Clay by adding new fees to
Section 105-4 A., Chapter 69, Animals to add §69-6F(6), Veterinary examination - Contractor’s rate; §69-6F(7) Deworming – Contractor’s rate; §69-6F(8) Flea treatment – Contractor’s rate and 69-6F(9) Parvo virus testing for animals under 6 mos. of age – Contractor’s rate to said Chapter. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Zone change (CPH) - Town Board Case #928 - DAVID E. DITTLER and GLORIA B. DITTLER:

Councilor Rowley moved the adoption of a resolution calling a public hearing December 19th, 2005, commencing at 7:38 P.M., local time, to consider a petition made by DAVID E. DITTLER and GLORIA B. DITTLER for a change of zone from RA-100 Residential Agricultural District to R-40 One-Family Residential District on property located at 4903 Guy Young Road, Brewerton, NY, (Tax Map No. 041.-01-08.0). Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Zone change (withdrawn) - Town Board Case #927 - FRED and LOUIS MAUTINO:

The applicant remitted a letter withdrawing his petition for a change of zone from R-TH Town House District to R-APT Apartment District on property located at 7322± Henry Clay Boulevard, Tax Map No. 106.-04-11.20.

Meetings - (cancellation & rescheduling):

Councilor Rowley moved the adoption of a resolution canceling the January 2, 2006 Organizational and Regular Town Board Meeting and rescheduling it for January 4, 2006, the Organizational Meeting to commence at 7:00 P.M. local time, the Regular Meeting to commence at 7:30 P.M., and canceling the January 16, 2006 Regular Town Board Meeting, and rescheduling it to January 18, 2006, to commence at 7:30 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Purchase of Land:

Councilor Bray moved the adoption of a resolution to approve purchase of two vacant lots at 3382 Maider Road from Lisa Coffey-D’Loan for $20,000 total. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried. 

Other business - Resolution for former Councilor Palmer:

Councilor Rowley presented a plaque to Dave Palmer and moved the adoption of the following resolution:

AT A REGULAR MEETING of the Town Board of the Town of Clay, held on the 21st day of November 2005, the following resolution was duly adopted:

WHEREAS, DAVID R. PALMER, (“Dave”) has served the residents
of the Town of Clay for 35 years from October 1, 1970, and

WHEREAS, he has announced his retirement effective September 15, 2005 and 

WHEREAS, Dave has served in a number of important capacities and roles as a public official as a member of the Town Planning Board, as a member of the Clay Town Board, and as Deputy Town Supervisor, and

WHEREAS, Dave has had a positive influence on the residents by
contributing in numerous ways, but specifically in a significant way, through his work on Town drainage standards, our Water Department, Refuse Districts, on our town park system, and in the establishment of the Clay Historical Park and Welcome Center, and 

WHEREAS, Dave has served a number of other public positions including President of the Clairmont-Four Seasons Homeowners Association and as a Trustee of the Clay Historical Association, 

NOW, THEREFORE, BE IT RESOLVED, that the Town of Clay
is a better place to live thanks to the efforts of DAVID R. PALMER, and the Town Board, on behalf of themselves and the community, wants to publicly acknowledge their thanks and appreciation to him for his many years of faithful service to the Town of Clay and offers best wishes to him in his retirement.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the Town of Clay to be affixed at the Town Hall this 21st day of NOVEMBER, in the year of our Lord, TWO THOUSAND FIVE. 

                                                      Mark J. Rupprecht, Supervisor

Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 8:28 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.


Archived Minutes