December 6, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 6th of December, 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 November 15, 2004. Motion was seconded by Councilor
Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business:

None.

Zone change (PH) - Town Board Case #910 - GROUP ONE DEVELOPMENT, LLC and MARY PICKARD:

A public hearing to consider the application of GROUP ONE DEVELOPMENT, LLC and MARY PICKARD for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1) District on property located at 8351 Caughdenoy Road, consisting of only 1.025± acres, (part of Tax Map No. 074.-01-02.0) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Hal Romans, Surveyor and Planner for the applicant, located the parcel on the tract map for Country Meadows. It is a small corner of land that was left out of the original zone change.  The owner of this corner lot wants to sell, and Group One Development would like to include it with the Country Meadows Tract.

Glen Sotherden asked where the swale would drain to at the rear of the lots, as Gatewood drains through his property. Mr. Romans indicated the direction of drainage via the tract map. 

Supervisor Rupprecht expressed interest in the sewer lines, hoping that in the future houses on Caughdenoy Road might be able to hook up to it.

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 to the zone change request
and there were none. All persons wishing to be heard having been heard the hearing was closed.

Zone Change (SEQR)- Town Board Case #908 - JOLU DEVELOPMENT COMPANY and JOHN G. and ALEXANDER J. TOOLEY:

Councilor Rowley moved the adoption of a resolution that the application 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. 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 Bray.

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 #908 - JOLU DEVELOPMENT COMPANY and JOHN G. and ALEXANDER J. TOOLEY:

Councilor Ulatowski moved the adoption of a resolution approving 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). Motion was seconded by Councilor Edick.

Supervisor Rupprecht commented that he had studied this request for some time and had asked for less density and that they had gotten a reduction. 

Councilor Bray referred to the five points the New York State Department of Transportation outlined that need to be addressed:
1. They will not allow any of the property fronting NYS Route 31 to have access to NYS Route 31. All access must be onto the internal road network.
2. To provide access to all the property fronting NYS Route 31, a small road segment will need to be built.
3. They require a sight distance analysis for the proposed new road into the development before they’ll approve its final location.
4. There should be provisions for a roadway to connect Legionnaire Drive to those properties to the east, thereby providing for an interconnected road network.
5. They require a drainage study.

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 - PINE GATE ACRES TRACT, SECTION NOS. 11B, 13B and 13C:

Councilor Ulatowski 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 within PINE GATE ACRES TRACT, SECTION NOS. 11B, 13B and 13C ((Euclid Sewer District, Extension No. 5, Contract No. 1 Lateral; Euclid Sewer District, Extension No. 1, Contract No. 2 Lateral; Euclid Sewer District, Contract No. 31 Lateral; Pine Gate Drainage District, Extension No. 1, Contract No. 1 Lateral and Pine Gate Drainage District, Contact No. 11 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, except for items as shown on a list as provided by the Town Engineers, and contingent upon the developer posting $15,000.00 to guarantee the cost of completion of overland drainage facilities as shown on a list prepared by
the Town Engineers under date of December 2nd, 2004, posting $74,480.00 as security to guarantee completion for highway construction; $21,569.00 repair and maintenance for sewer
and drainage facilities; $4,050.00 Monument Fee; $18,000.00 Park Land Contribution; payment of estimated future fees - engineering $7,000.00; any legal and administrative fees, as
well as any outstanding balance of current fees that may be due for engineering, legal, and administrative fees; and further contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and BARGABOS EARTHWORKS, INC., and KENWOOD HOMES, INC., d/b/a HERITAGE HOMES, which agreement was assigned to GREENFIELD HOMES, LLC, a New York
limited liability company of 7519 Morgan Road, Liverpool, New York 13090 that the Town accept title to such facilities. Motion was seconded by Councilor Edick.

Councilor Palmer commented that he had walked the land and had made it known to the Planning Department and the Planning Board that he wanted land set aside for use by residents.  He is glad to know there will be 3 ½ acres.

Supervisor Rupprecht noted that the Town received a grant through Assemblyman Jeff Brown that will pave the front section of Pine Gate.

Ayes-7 and Noes-0. Unanimously carried.

Project/Easement - PINE GATE ACRES TRACT, SECTION NOS. 11B, 13B and 13C:

Councilor Bray moved the adoption of a resolution accepting an easement for drainage and sewer facilities located within PINE GATE ACRES TRACT, SECTION NOS. 11B, 13B and 13C from GREENFIELD HOMES, LLC. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried. 

Project/Deed - PINE GATE ACRES TRACT, SECTION NOS. 11B, 13B and 13C:

Councilor Ulatowski 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 PINE GATE ACRES TRACT, SECTION NOS. 11B, 13B and 13C from GREENFIELD HOMES, LLC. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Project/Securities (posting) - THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 3:

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. 3 (Euclid Sewer District, Extension No. 6, Contract No. 1 Lateral and Fairway Drainage District,
Extension No. 3, Contract No. 1 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 $10,000.00 to guarantee the cost of completion of overland drainage facilities as shown on a list prepared by the Town Engineers under date of December 1st, 2004; posting of necessary security for highway construction guarantee - $12,880.00; repair and maintenance for sewer and drainage facilities - $4,990.00; monument fees - $900.00; and estimated future engineering fees $5,000.00, as well as payment of all estimated legal, engineering and administrative fees that may be outstanding; 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 Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Project/Easement - THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 3:

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. 3 from BARBET DEVELOPMENT CORPORATION. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Project/Deed - THE VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 3:

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. 3 from BARBET DEVELOPMENT CORPORATION. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried. 

Project/Agreement - ALLEN ROAD OFFICE PARK PROJECT:

No action taken.

Traffic & Vehicles/Stop Signs (CPH) - PINE GATE ACRES TRACT, SECTION NO. 11A:

Councilor Bray moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board, calling a public hearing December 20th, 2004, commencing at 7:35 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 a STOP SIGN within
the PINE GATE ACRES TRACT, SECTION NO. 11A, at the following location: on Blue Beech as it intersects with Pine Gate Parkway and for the installation of the necessary sign therefore. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried. 

Traffic & Vehicles/Stop Signs(CPH) - PINE GATE ACRES TRACT, SECTION NO. 12:

Councilor Bray moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board, calling a public hearing December 20th, 2004, commencing at 7:38 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 TWO STOP SIGNS
within the PINE GATE ACRES TRACT, SECTION NO. 12 at the following locations: one at each end of Big Cone Path as it intersects with Pine Gate Parkway and for the installation of the necessary signs therefore. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Traffic & Vehicles/Stop Signs(CPH) - PINE GATE ACRES TRACT, SECTION NO. 13A:

Councilor Ulatowski moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board, calling a public hearing December 20th, 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 within
the PINE GATE ACRES TRACT, SECTION NO. 13A, at the following locations: one on Long Leaf Trail and one on Moss Oak Trail, as they intersect with Pine Gate Parkway and two on Pine Gate Parkway at the intersection of Long Leaf Trail and Moss Oak Trail, thus creating a 4-WAY STOP and for the installation of all the necessary signs therefore. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Traffic & Vehicles/Stop Sign(CPH) - MISTRAL KNOLL TRACT:

Councilor Ulatowski moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board, calling a public hearing December 20th, 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 a STOP SIGN within
the MISTRAL KNOLL TRACT, at the following location: on Mistral Circle as it intersects with Elmcrest Road and for the installation of all the necessary sign therefore. Motion was
seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Traffic & Vehicles/Stop Sign (CPH) - HAFNERS LANDING TRACT:

Councilor Edick moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board, calling a public hearing December 20th, 2004, commencing at 7:47 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 a STOP SIGN within
the HAFNERS LANDING TRACT, at the following location: on Hafners Landing Street as it intersects with Dolshire Drive and for the installation of all the necessary sign therefore.  Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Traffic & Vehicles/Stop Signs (CPH) - STREAMWOOD TOWNHOUSES, SECTION NO. A TRACT:

Councilor Bray moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board, calling a public hearing December 20th, 2004, commencing at 7:50 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 within
the STREAMWOOD TOWNHOUSES, SECTION A TRACT, at the following locations: at each end of Streamwood Drive (townhouse loop) as it intersects with Streamwood Drive
and for the installation of the necessary signs therefore. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Traffic & Vehicles/Stop Signs (CPH) - QUARRY POINTE TRACT:

Councilor Ulatowski moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board, calling a public hearing December 20th, 2004, commencing at 7:53 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 a STOP SIGN within
the QUARRY POINTE TRACT at the following location: on QUARRY POINTE CIRCLE as it intersections with Henry Clay Boulevard and for the installation of the necessary sign therefore. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Project /Drainage (CPH) - ALLEN ROAD OFFICE PARK PROJECT:

Councilor Edick moved the adoption of a resolution calling a public hearing December 20th, 2004, commencing at 7:56 P.M., local time, to consider a Petition for the extension of the creation of a drainage district within the Town of Clay to be designated and known as ALLEN ROAD OFFICE PARK DRAINAGE DISTRICT and for the construction and acquisition of a lateral drainage system therein to be designated and known as ALLEN ROAD OFFICE PARK DRAINAGE DISTRICT, CONTRACT NO. 1 LATERAL. (Allen Road Office Park Project ) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Project /Sewer (CPH) - ALLEN ROAD OFFICE PARK PROJECT:

Councilor Bray moved the adoption of a resolution calling a public hearing December 20th, 2004, commencing at 7:59 P.M., to consider a petition for the construction and acquisition of a lateral sewer system within the Allen Road Sewer District, to be designated and known as ALLEN ROAD SEWER DISTRICT, CONTRACT NO. 27 LATERAL. (Allen Road Office Park Project) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Authorization (Funding) - New York State Office of Children & Family Services:

Councilor Edick moved the adoption of a resolution authorizing application for 2005 funding for New York State Office of Children & Family Services (formerly NYS Division for Youth)
which includes the Town of Clay Recreation Department in the amount of $17,238.00 and the Clay Police Department in the amount of $15,210.00. Total project would be $255,994.00. Total State aid requested would be $32,448.00, and further authorizing the Supervisor to apply for and execute a State Aid Voucher for the year 2005. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Other Business:

Supervisor Rupprecht stated that the Town will be contributing $10,000 to the Cicero Teen Center.

Agreement/Community Development - CROSSROADS PARK DRIVE PAVING & INFRASTRUCTURE:

Councilor Bray moved the adoption of a resolution approving an Agreement between the Town of Clay and Onondaga County for CROSSROADS PARK DRIVE PAVING & INFRASTRUCTURE project and authorizing the Supervisor to execute the necessary documents therefore. (Community Development - Grant funds from HUD) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Agreement/Community Development - GASKIN ROAD SEWERS:

Councilor Edick moved the adoption of a resolution approving an Agreement with Onondaga for GASKIN ROAD SEWERS project and authorizing the Supervisor to execute the necessary documents therefore. (Community Development - Grant funds from HUD). Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Agreement - Substance Abuse Testing:

Councilor Ulatowski moved the adoption of a resolution approving an Agreement for substance abuse testing for the year 2005 with INDUSTRIAL MEDICAL ASSOCIATES, P.C., and authorizing the Supervisor to execute same. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Project/Securities - LAWTON VALLEY HUNT TRACT, SECTION NO. 10:

Councilor Rowley moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the reduction of the security posted for the completion of overland drainage facilities from $90,000.00 to $10,000.00 located within
LAWTON VALLEY HUNT TRACT, SECTION NO. 10 (Lawton Valley Hunt Drainage District, Extension No. 1, Contract No. 1 Lateral) to the developer KELLY-TOBIN DEVELOPMENT CORPORATION. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 8:35 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.



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