December 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 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 December 6, 2004. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business: None.

Project/Agreement - ALLEN ROAD OFFICE PARK PROJECT:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with HAFNER DEVELOPERS, INC., for the development of ALLEN ROAD OFFICE PARK PROJECT. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rycraft moved the adoption of a resolution that 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), 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 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 (A) - Town Board Case #910 - GROUP ONE DEVELOPMENT, LLC and MARY PICKARD:

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

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

Unanimously carried.

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

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 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 was opened by the Supervisor.  Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier gave a brief overview, via a tract map, of the Planning Board’s suggested placement of a stop sign on Blue Beech. Normally residents need to petition for signs. The Town decided it would be more efficient if the Planning Board proposed locations during final project and map review.

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) - PINE GATE ACRES TRACT, SECTION NO. 12:

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 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 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 suggested placement of  stop signs on each end of Big Cone Path. 

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) - PINE GATE ACRES TRACT, SECTION NO. 13A:

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 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 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 suggested placement of stop signs, one on Long Leaf Trail, one on Moss Oak Trail and two on Pine Gate Parkway. 

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 Sign(PH) - MISTRAL KNOLL 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 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 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier gave a brief overview, via a tract map, of the Planning Board’s recommendation for placement of a stop sign on Mistral Circle. 

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 Sign (PH) - HAFNERS LANDING 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 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 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 suggestion for the placement of a stop sign on Hafners Landing Street.

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) - STREAMWOOD TOWNHOUSES, SECTION NO. A 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 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 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 suggested placement of stop signs on Streamwood Drive.

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) - QUARRY POINTE 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 a STOP SIGN within the QUARRY POINTE TRACT at the following location: on QUARRY POINTE CIRCLE as it intersects with Henry Clay
Boulevard and for the installation of the necessary sign 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 placement of a stop sign on Quarry Pointe Circle.

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.

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

A public hearing 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 ) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Alex Wisniewski of LJR Engineering located the project by contract drawing. It is proposed to construct a storm management facility to serve seven new commercial lots within the sub-
division as well as two adjacent existing commercial lots. Stormwater from the site will be conveyed via swales and overland sheet flow to the on-site stormwater management facility.

Mr. Wickman, the Engineer for the Town, stated that because the soil is very sandy there should be no problem. Berms will also contain drainage.

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.

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

A public hearing 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) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Alex Wisniewski of LJR Engineering explained that this is the same site as the previous hearing. It is proposed to construct 830 lineal feet of 8-inch diameter sanitary sewers to service five new
commercial lots within the office park.

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 - Appropriation Transfer:

Councilor Rowley moved the adoption of a resolution authorizing the transfer of appropriations and amending the 2004 Town of Clay Budget in various funds to provide monies for 2004 expenditures. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Personnel - Deferred Compensation:

Councilor Ulatowski moved the adoption of the following resolution:

WHEREAS, the New York State Deferred Compensation Board (the “Board”), pursuant to the New York State Finance Law (“Section 5”) and the Regulations of the New York State
Deferred Compensation Board (the “Regulations”), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of the Town of Clay (the “Model Plan”) and
offers the Model Plan for adoption by local employers;

WHEREAS, the Town of Clay, New York, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan
for Employees of the Town of Clay, New York;

WHEREAS, effective May 21, 2004, the Board amended the Model Plan to adopt provisions relating to

• Authorization to reject a participant investment request if the request is contrary to the rules, regulations or prospectus of the affected investment fund.

• Authorization to distribute assets that have been rolled into the plan from another qualified retirement plan in accordance with the distribution rules of the plan that previously held the assets.

• Limitations on a participant’s eligibility to obtain a loan in the event that the participant has previously defaulted on a loan.

• Modifications related to comments provided by the Internal Revenue Service in response to the Board’s request for a private letter ruling stating that the Model Plan document constitutes an “eligible deferred compensation plan.”

• Technical amendments pertaining to plan loan rules and the status of plan loans and other withdrawals upon the death of a participant.

WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; and

WHEREAS, upon due deliberation, the Town of Clay, New York has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the Town of Clay by adopting the amended and restated Model Plan.

NOW, THEREFORE, BE IT

RESOLVED, that the Town of Clay, New York hereby amends the Deferred Compensation Plan for Employees of the Town of Clay, New York, effective December 20, 2004 by adopting
the amended and restated Model Plan effective May 21, 2004, in the form attached as Exhibit “A”. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Insurance - Workers’ Compensation:

Councilor Edick moved the adoption of the following resolution:

WHEREAS, there has been proposed a “NEW YORK STATE MUNICIPAL WORKERS’ COMPENSATION ALLIANCE PLAN DOCUMENT” pursuant to Section 50 3-1 of the Workers’ Compensation Law (hereinafter “the Plan”)’ and

WHEREAS, the Town of Clay is eligible for membership in the Plan; and WHEREAS, the Town of Clay has made an independent investigation of the Plan and reviewed the Plan document, and has concluded that it would be in the interests of the Town of Clay to participate therein; 

NOW, THEREFORE, BE IT

RESOLVED, that the Town of Clay enter into membership in the Plan pursuant to Section 50, Subdivision 3-1 of the Workers’ Compensation Law; and be it further RESOLVED, that Supervisor Mark J. Rupprecht, be and hereby is authorized and instructed to execute the Plan’s charter document on behalf of the Town of Clay; and be it further 

RESOLVED, that the custody of all joint Plan moneys by the Plan Administrator under the Plan be and the same hereby is approved.
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Clay adopts the above resolution. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Project /Drainage - ALLEN ROAD OFFICE PARK PROJECT:

Councilor Edick moved the adoption of a resolution approving the creation of a drainage district within the Town of Clay to be designated and known as "ALLEN ROAD OFFICE PARK DRAINAGE DISTRICT" (Allen Road Office Park Project) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Project (acquire public facilities) - ALLEN ROAD OFFICE PARK PROJECT:

Councilor Ulatowski moved the adoption of a resolution that it is in the public interest that the Town of Clay approve the construction and acquire the public facilities located within ALLEN ROAD OFFICE PARK PROJECT (Allen Road Sewer District, Contract No. 27 Lateral and Allen Road Office Park Drainage District, Contract No. 1 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer HAFNERS DEVELOPERS, INC. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Project (Final Plans) - ALLEN ROAD OFFICE PARK PROJECT:

Councilor Bray moved the adoption of a resolution approving the Final Plans for the ALLEN ROAD OFFICE PARK PROJECT (Allen Road Sewer District, Contract No. 27 Lateral and
Allen Road Office Park Drainage District, Contract No. 1 Lateral) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Appointment - CLAY VOLUNTEER FIRE DEPARTMENT, INC.:

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

Ayes-7 and Noes-0. Unanimously carried.

Town Board Meeting Schedule:

Councilor Bray moved the adoption of a resolution that the Organizational Meeting for the Town of Clay will commence at 7:00 P.M., local time, January 3rd, 2005, prior to the Regular Town Board Meeting. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Licenses/Permits - CASUAL ESTATES MOBILE HOME COURT:

Councilor Edick moved the adoption of a resolution calling a public hearing January 3rd, 2005, commencing at 7:35 P.M., local time, to consider the application of CASUAL ESTATES MOBILE HOME COURT for the renewal of its license for the year 2005. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Bray moved the adoption of a resolution approving 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.

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

Unanimously carried.

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

Councilor Ulatowski moved the adoption of a resolution approving 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 Edick.

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

Unanimously carried.

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

Councilor Edick moved the adoption of a resolution approving 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 Ulatowski.

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

Unanimously carried.

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

Councilor Edick moved the adoption of a resolution approving 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 Bray.

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

Unanimously carried.


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

Councilor Ulatowski moved the adoption of a resolution approving 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.

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

Unanimously carried.

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

Councilor Bray moved the adoption of a resolution approving 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.

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

Unanimously carried.

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

Councilor Ulatowski moved the adoption of a resolution approving 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 intersects with Henry Clay Boulevard and for the installation of the necessary
sign therefore. Motion was seconded by Councilor Rowley.

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

Unanimously carried.

Projects/Deed - PINE GATE ACRES SECTION NO. 11B:

 No action taken.

Adjournment:

The meeting was adjourned at 8:30 P.M. upon motion by Councilor Rowley and seconded by Councilor Bray. Ayes-7 and Noes-0. Unanimously carried.



Archived Minutes