March 7, 2005

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 7th of March, 2005 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 February 7, 2005. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

Supervisor Rupprecht congratulated Toni Lyn Brauchle for being inducted to the Wall of Distinction of North Syracuse Central School District.

Councilor Palmer congratulated the highway crew for their work on the welcome center.

Zoning Ordinance (PH) - Moritorium:

A public hearing to consider proposed Interim Ordinance 2005-01, Temporarily Amending Chapter 230, entitled "ZONING" of the Code of the Town of Clay. The purpose of said proposed Ordinance 2005-01 is to provide for a temporary moratorium to prohibit the processing or granting of zone changes by the Town Board, prohibit consideration of
recommendations as to zone changes and approval of site plans by the Planning Board of the Town of Clay for the development of land uses within the Town of Clay until June 7th, 2005 (The Town of Clay is in the process of repealing the present Chapter 230 entitled “Zoning” of the Code of the Town of Clay and adopting a new Chapter 230 entitled “Zoning” to the Code of the Town of Clay.) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht explained that the moratorium is a common practice when reaching the finalization stage of the revision of the zoning codes. This will hold off any zone changes for a three month period. If the codes are not finalized by then, the Board could extend the
moratorium.

Councilor Bray pointed out that a precedent was set when the Town revised the Industrial District zoning. At that time the moratorium was for six months.

The Supervisor added that he had an understanding that the developers could informally go before the Planning Board to scope out the Board’s concerns regarding Site Plan applications.

Councilor Palmer asked if subdivisions would continue. Commissioner Tessier said yes they would.

John Russo asked what the effect would be on subdivisions. Both the Supervisor and the Commissioner of Planning said that they could still submit applications to Planning and Development, and receive approval for subdivisions of land.

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) -Rockhampton Path:

A public hearing to consider amendment of Chapter 211 “Traffic and Vehicles”, Section 211-12, Stop intersections, of the Code of the Town of Clay to designate and provide for the installation of Stop Signs on ROCKHAMPTON PATH where it intersects with BUNBURY TERRACE, thus creating a 3-WAY STOP, and the installation of the necessary signs therefore (There is already a Stop Sign on Bunbury Terrace.) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. 

The applicant was not present, but Supervisor Rupprecht noted that the Commissioner of Public Safety, Owen Honors, and the Highway Superintendent, Thomas Weaver, recommended that the signs be installed. Also, he noted that Councilor Rycraft went out to view the proposed location.

Councilor Rycraft said that he viewed the intersection and is in favor of two signs being placed on Rockhampton Path. Since there is a stop sign on Bunbury Terrace already, these two additional signs will make it a three-way stop.

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.

Supervisor Rupprecht left the Board.

Bid (award)/Highway - Catch Basin Cleaner:

Councilor Ulatowski moved the adoption of a resolution awarding a contract for ONE NEW CATCH BASIN CLEANER FOR USE BY THE TOWN OF CLAY HIGHWAY DEPARTMENT to Tracy Road Equipment for the low bid of $198,980.00. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Bond/Finance/Highway - Catch Basin Cleaner:

Councilor Ulatowski moved the adoption of a Bond Resolution for the purchase of ONE NEW CATCH BASIN CLEANER FOR USE BY THE TOWN OF CLAY HIGHWAY DEPARTMENT in the amount of $198,980.00. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Supervisor Rupprecht returned to his seat on the Board.

Zoning Ordinance (SEQR) - Moritorium:

Councilor Bray moved the adoption of a resolution that the proposed Interim Ordinance 2005-01, Temporarily Amending Chapter 230, entitled “ZONING” of the Code of the Town of Clay providing for a temporary moratorium prohibiting the processing or granting of zone changes by the Town Board, and to prohibit consideration of recommendations as to zone changes and approval of site plans by the Planning Board of the Town of Clay for the development of land uses within the Town of Clay until June 7th, 2005, with the exception of
Industrial Uses is a Type II, per NYCRR Part 617.5 (c)(30) SEQR Regulations said therefore does not require the preparation of an Environmental Impact Statement (EIS). Motion was seconded by Councilor Palmer.

Councilor Rycraft said he would not be voting in favor of the moratorium, because he feels the proposed changes to the code are significant enough to require an intense review for immediate
and future impacts. He believes each change and resulting use should be subjected to a hearing.  He recommends caution in approving the codes. He doesn’t want the Town Board’s authority over land use be diluted.

Ayes-6 and Noes-1, Councilor Rycraft voting no. Carried.

Zoning Ordinance (A) - Moritorium:

Councilor Bray moved the adoption of a resolution approving the adoption of Interim Ordinance 2005-01, Temporarily Amending Chapter 230, entitled "ZONING" of the Code of the Town of Clay providing for a temporary moratorium prohibiting the processing
or granting of zone changes by the Town Board, and to prohibit consideration of recommendations as to zone changes and approval of site plans by the Planning Board of the Town of Clay for the development of land uses within the Town of Clay until June 7th, 2005,
with the exception of Industrial Uses. Motion was seconded by Councilor Palmer.

Councilor Palmer said he didn’t understand Councilor Rycraft’s reason for voting no, as the moratorium does not preclude Councilor Rycraft’s concerns.

Councilor Bray commented that this moratorium gives the Town time to devote to the review of the proposed ordinance and the tweaking of the draft, and not be influenced by outside deadlines. It levels the playing field for all applicants.

Supervisor Rupprecht agreed with Councilor Bray. He noted that the informal hearings were well attended. The moratorium eliminates the rush of applicants to try and beat the deadline.

Ayes-5 and Noes-2, Councilor Rycraft and Councilor Edick voting no. Carried.

Traffic & Vehicles/Stop signs (A) -Rockhampton Path:

Councilor Rowley moved the adoption of a resolution approving amendment of Chapter 211 “Traffic and Vehicles”, Section 211-12, Stop intersections, of the Code of the Town of Clay designating and providing for the installation of Stop Signs on ROCKHAMPTON
PATH where it intersects with BUNBURY TERRACE, thus creating a 3-WAY STOP, and the installation of the necessary signs therefore. (There is already a Stop Sign on Bunbury Terrace.) Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Appointments - Clay Volunteer Fire Department, Inc.:

No action taken.

Agreement/Project - COUNTRY MEADOW, SECTION D SUBDIVISION:

Councilor Rowley moved the adoption of a resolution authorizing the amendment of the agreement between the Town of Clay and the developer Group One Development, LLC, for the development of COUNTRY MEADOW, SECTION D SUBDIVISION to include the
Clay Water Supply District, Extension No. 13 and Country Meadow Lighting District, Extension No. 1 and authorizing the Supervisor to execute same. (Development of facilities for the Country Meadow Section D Tract) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Agreement - Solvay Bank (Glenn Crossing Plaza):

Councilor Rycraft moved the adoption of a resolution authorizing the Supervisor to enter into an agreement on behalf of the Town of Clay with SOLVAY BANK for the development of sewer facilities within GLENN CROSSING PLAZA (formerly Hiawatha Plaza). Motion was
seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Agreement/Project - THE HAMLET AT FAIRWAY EAST:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to enter into an agreement on behalf of the Town of Clay with ELDAN HOMES, INC., for the development of sewer and drainage facilities within THE HAMLET AT FAIRWAY EAST. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Lighting/Project (CPH) - COUNTRY MEADOW, SECTION D TRACT:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing March 21, 2005, commencing at 7:35 P.M., local time, to consider a petition for extension of the Country Meadow Lighting District, to be designated and known as “COUNTRY MEADOW
LIGHTING DISTRICT, EXTENSION NO. 1”. (Country Meadow, Section D Tract) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Project (water) (CPH) - COUNTRY MEADOW, SECTION D TRACT:

Councilor Edick moved the adoption of a resolution calling a public hearing March 21, 2005, commencing at 7:38 P.M., local time, to consider a petition for the creation of a water supply district within the Town of Clay to be designated and known as “CLAY WATER SUPPLY DISTRICT, EXTENSION NO. 13.” (Country Meadow Section D Tract) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Project (sewer) (CPH) - SOLVAY BANK PROJECT:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing March 21st, 2005, commencing at 7:41 P.M., local time, to consider a petition for the construction and acquisition of a lateral sewer system located within the Hiawatha Plaza Sewer District to be designated and known as “HIAWATHA PLAZA SEWER DISTRICT, CONTRACT NO. 6 LATERAL”. (Solvay Bank Project) Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Project (drainage) (CPH)- THE HAMLET AT FAIRWAY EAST TRACT:

Councilor Edick moved the adoption of a resolution calling a public hearing March 21st, 2005, commencing at 7:44 P.M., local time, to consider a Petition for the construction and acquisition of a lateral drainage system located within the Fairway Drainage District, Extension
No. 1 therein to be designated and known as "FAIRWAY DRAINAGE DISTRICT, EXTENSION NO. 2, CONTRACT NO. 4 LATERAL”. (The Hamlet at Fairway East Tract) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Project (sewer)(CPH) - THE HAMLET AT FAIRWAY EAST TRACT:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing March 21st, 2005, commencing at 7:47 P.M., local time, to consider a Petition for the construction and acquisition of a lateral sewer system located within the Euclid Sewer District, Extension No. 2
to be designated and known as "EUCLID SEWER DISTRICT, EXTENSION NO. 2, CONTRACT NO. 4 LATERAL”. (The Hamlet at Fairway East Tract) Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

INTEGRATED MEDICAL DEVICES, INC.:

Councilor Bray moved the adoption of a resolution approving the relocation of INTEGRATED MEDICAL DEVICES, INC., from Avon Office Park on Morgan Road in the Town of Clay to Electronics Business Park – Building 2 in the Town of Salina. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Community Development Funds (PH):

Councilor Bray moved the adoption of a resolution calling a public hearing March 21st, 2005 commencing at 7:50 P.M., local time to discuss and establish goals and directions for spending of future Community Development Funds. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Personnel Adjustment - Planning & Development:

Councilor Ulatowski moved the adoption of a resolution approving an adjustment to the Town of Clay’s employee count within the Department of Planning & Development with the Onondaga County Department of Personnel by one (1) new permanent part-time position for a Code Enforcement Officer, in accordance with the requirements of New Position Duties Statement, dated March 4, 2004, Form P-300 rev. 4/88. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Highway - Abandonment of a portion of Crabtree Lane:

Councilor Ulatowski moved the adoption of a resolution that upon completion of the proposed extension of Lawton Road, at no cost to the Town of Clay, as shown on the Preliminary Plan entitled Lawton Valley Hunt, Section No. 10 and Future Sections, as prepared by Ianuzi & Romans, P.C., dated September 20, 2001, latest revision January 12, 2004, file no. 1774.004, by Kelly-Tobin Development Corporation, to the satisfaction of NYS DOT and the Town of Clay Highway Department, the Town of Clay will abandon that portion of Crabtree Lane running southeast from NYS Route 31 to Lawton Road to Kelly-Tobin Development Corporation. (See formal resolution that will be on file in the Town Clerk’s Office.) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

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



Archived Minutes