March 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 March, 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
Vivian I. Mason           Town Clerk
Cindy Heid Assistant    Commissioner of Planning & Development
Robert Germain            Town Attorney
Doug Wickman             Town Engineer

ABSENT:

David R. Palmer            Councilor
Robert L. Edick             Councilor

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 March 7, 2005. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Correspondence/Other Business:

The CENTRO BUS LINES presentation will be given at the next Town Board meeting in April. 

The Supervisor addressed a letter to the editor regarding the Town Hall and use of it by the public. He noted that on numerous occasions he has opened up the building for meetings etc. He added that the Town Hall is a public place though, not a clubhouse. The North Syracuse Community Center can be rented by the public for their personal use. Another comment in the letter referred to a tax increase after the November election. Tax rates are presented in September and in fact decreased in the adoption of the 2005 budget, which is done after the General Election. As to paying for the new Town Hall, that tax assessment began in 2001 and is at the rate of $2.00 per thousand dollars of assessment, about $12.00 a year for the average homeowner.

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

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

Doug Wickman located the project by map. The proposed district will provide lighting to 25 single resident lots in a tract off Caughdenoy Road. The purpose is to establish the district so that in the future residents need only petition the Town for street lights. 

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 (water) (PH) - COUNTRY MEADOW, SECTION D TRACT:

A public hearing to consider a petition for the extension of the Clay 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) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Doug Wickman located the project by map. The proposed district will provide water to 25 single resident lots in a tract off Caughdenoy Road. The water mains will be constructed by the Onondaga County Water Authority under contract with the developer.

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) - SOLVAY BANK PROJECT:

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

Doug Wickman located the project by petition plan. It is proposed to construct approximately 660 linear feet of 8-inch diameter sanitary sewer and appurtenances with a six inch diameter lateral to the proposed Solvay Bank at Glenn Crossing, also know as Hiawatha Plaza. The facilities will be constructed by the developer and dedicated to the Town of Clay at no cost.

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)- THE HAMLET AT FAIRWAY EAST TRACT:

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

Dan Barnaba, President of Eldan Homes, located the project by petition plan. The drainage district will serve 37 parcels of land located on the south side of Fairway Drive East, adjacent to and west of Morgan Road. Approximately 1605 lineal feet of 12 inch thru 24 inch storm
sewer and drainage basin will be constructed. Discharge from sump pumps will discharge to swales to the rear of the lots plus an under drain system. The facilities will be constructed by the Developer and dedicated to the Town of Clay at no cost. There will be an annual charge to the district the cost for 2005 would be $45.00 per unit.

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) - THE HAMLET AT FAIRWAY EAST TRACT:

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

Dan Barnaba, President of Eldan Homes, located the project by petition plan. The sewer district will serve 37 parcels of land located on the south side of Fairway Drive East, adjacent to and west of Morgan Road. Approximately 1265 lineal feet of 8 inch sanitary sewer together
with 6-inch laterals will be constructed. The facilities will be constructed by the Developer and dedicated to the Town of Clay at no cost. There will be an annual charge to the district the cost for 2005 would be $21.00 per unit. In addition there is an annual charge applied to the district for transmission and treatment of sewage. The County charge is $270.42.

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.

Community Development Funds (PH):

A public hearing to discuss and establish goals and directions for spending of future Community Development Funds was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht explained that towns with over 50,000 residents get Community Development Funds. One third of North Syracuse is eligible. The types of projects the Town is interested in using Community Development Funds for are projects relating to completing the remediation at Three Rivers, extension of sewers to areas where septic systems are having a negative impact on water front areas such as Gaskin Road, maintaining infrastructure in Community Development eligible areas, and acquiring and improving parkland areas within
Community Development eligible areas. The Town will also continue projects such as the Main Street Program and in other areas, and will proactively advertize the availability of these efforts. 
The 2005 proposed Community Development Application is the furtherance of: $50,000 additional funding for the Three Rivers Remediation; $40,000 additional funding toward sewers on Gaskin Road; $50,000 for paving and drainage in Community Development eligible areas to be determined after spring road evaluation, and $10,000 for public outreach of available programs, including county “shape up” programs.

Chris Cunningham submitted a bill for completing work to correct drainage to his and other properties on Linda Lane. He would like Community Development Funding to reimburse him.

Supervisor Rupprecht said he would check with Community Development. 

Dave Arnold said he felt Mr. Cunningham should be reimbursed by the Town, but not with Community Development Funds. He added that he would like a comprehensive plan done with Community Development Funds.

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.

Appointments - Clay Volunteer Fire Department, Inc.:

Councilor Rowley moved the adoption of a resolution approving the appointment of  MEEGAN E. DROMMS and JAMES BERTOLLINI as volunteer members of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Contract/Landfill:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to execute a contract with C & S ENGINEERS, INC., for services to be rendered for the year 2005 in compliance with the DEC Regulations for the TOWN OF CLAY LANDFILL POST CLOSURE ENVIRONMENTAL MONITORING PROGRAM. Said services not to exceed the sum of $16,097.00, which amount includes an estimated $8,039.00 for laboratory testing. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Lighting/Project - COUNTRY MEADOW, SECTION D TRACT:

Councilor Rycraft moved the adoption of a resolution approving the extension of the Country Meadow Lighting District within the Town of Clay to be designated and known as  “COUNTRY MEADOW LIGHTING DISTRICT, EXTENSION NO. 1”. (Country
Meadow, Section “D” Tract) Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

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

Councilor Rycraft moved the adoption of a resolution approving the extension of the Clay 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 Rowley.

Ayes-5 and Noes-0. Carried.

Project - SOLVAY BANK AT GLENN CROSSING PLAZA:

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 the SOLVAY BANK AT GLENN CROSSING PLAZA (Hiawatha Plaza Sewer District,
Contract No. 6 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer SOLVAY BANK. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Project - THE HAMLET AT FAIRWAY EAST SUBDIVISION:

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 THE HAMLET AT FAIRWAY EAST SUBDIVISION (Fairway Drainage District, Extension No. 2, Contract No. 4 Lateral and Euclid Sewer District, Extension No. 2, Contract No. 4 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer ELDAN HOMES, INC. Motion was seconded
by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Fire Hydrants - Country Meadow Tract, Section “D”:

Councilor Bray moved the adoption of a resolution approving the installation of a two (2) fire hydrants in Clay Water Supply District, Extension No. 13 (Country Meadow Tract, Section “D”) and authorizing the Supervisor to execute the OCWA fire hydrant application. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Project (Final Plans) - SOLVAY BANK AT GLENN CROSSING PLAZA:

Councilor Ulatowski moved the adoption of a resolution approving the Final Plans for the SOLVAY BANK AT GLENN CROSSING PLAZA (Hiawatha Plaza Sewer District, Contract No. 6 Lateral) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Project (Final Plans) - THE HAMLET AT FAIRWAY EAST SUBDIVISION:

No action taken.

Project - DELL CENTER SUBDIVISION NO. 3 – PETSMART L0T 4 PROJECT-CLAY SHOPPING CENTER:

Councilor Bray 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 DELL CENTER SUBDIVISION NO. 3 – PETSMART L0T 4 PROJECT-CLAY SHOPPING CENTER (Grossman’s Drainage District, Contract No. 5 Lateral and Clay Shopping Center Drainage District, 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 $25,000.00 to guarantee the cost of completing Overland Drainage facilities pursuant to their comments under date of March 15, 2005, and posting of all required securities, as well as payment of all estimated legal, engineering and administrative fees that may be outstanding and any future engineering fees are required and contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and COR ROUTE 31 COMPANY, LLC that the Town accept title to such facilities. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Project/Easement - DELL CENTER SUBDIVISION NO. 3 – PETSMART L0T 4 PROJECT-CLAY SHOPPING CENTER:

Councilor Rowley moved the adoption of a resolution accepting the on-site easements for drainage facilities located within DELL CENTER SUBDIVISION NO. 3 – PETSMART L0T 4 PROJECT-CLAY SHOPPING CENTER from COR ROUTE 31 COMPANY, LLC. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Agreement/Project - ORANGE COMMONS SUBDIVISION:

Councilor Rycraft moved the adoption of a resolution authorizing the Supervisor to enter into an agreement on behalf of the Town of Clay with MALDEL, LLC for the development of sewer and drainage facilities within the ORANGE COMMONS SUBDIVISION. Motion
was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Project (sewer) (CPH) - ORANGE COMMONS SUBDIVISION:

Councilor Bray moved the adoption of a resolution calling a public hearing April 4th, 2005, commencing at 7:35 P.M., local time, to consider a Petition for the creation of a sewer district within the Town of Clay to be designated and known as “ORANGE COMMONS SEWER DISTRICT” and for the construction and acquisition of a lateral sewer system therein to be designated and known as “ORANGE COMMONS SEWER DISTRICT, CONTRACT NO. 1 LATERAL”. (The Orange Commons Subdivision) Motion was seconded by
Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Project (drainage) (CPH) - ORANGE COMMONS SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing April 4th, 2005, commencing at 7:38 P.M., local time, to consider a Petition for the creation of a drainage district within the Town of Clay to be designated and known as “ORANGE COMMONS DRAINAGE DISTRICT” and for the construction and acquisition of a lateral drainage system therein to be designated and known as “ORANGE COMMONS DRAINAGE DISTRICT, CONTRACT NO. 1 LATERAL”. (The Orange Commons Subdivision) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Project (water) (CPH) - ORANGE COMMONS SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing April 4th, 2005, commencing at 7:41 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 “ORANGE COMMONS WATER SUPPLY DISTRICT”. (The Orange Commons Subdivision).  Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Easement/Project - DELL CENTER, SECTION 3 AMENDED:

Councilor Bray moved the adoption of a resolution approving the abandonment of a drainage easement on Lot No. 4 within DELL CENTER, SECTION 3 AMENDED as filed in the Onondaga County Clerk’s Office on February 21, 2003 in Book 4767 of Deeds at Page 542 and authorizing the Supervisor to execute same. Subject to approval as to form and content by the Town Attorney. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Executive Session - Litigation:

Councilor Rowley moved the adoption of a resolution to enter into an Executive Session to discuss pending litigation matters between the Town of Clay and a former employee and 1914 Teall Avenue Associates vs. Town of Clay. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Claim Settlement - CROBAR:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to execute an agreement settling a pending legal action against the Town of Clay known as CROBAR vs. TOWN OF CLAY. The Town of Clay admits no wrongdoing or liability with regard to the
action. Under the terms of the proposed settlement, the Town of Clay will pay the sum of $5,000.00 in exchange for a full release of liability and Confidentiality Agreement. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Certiorari Settlement - 1914 TEALL AVENUE ASSOCIATES:

Councilor Rowley moved the adoption of a resolution authorizing the settlement of the 1914 TEALL AVENUE ASSOCIATES vs. THE TOWN OF CLAY, ET AL certiorari action for the year 2002/03 reducing the assessment for premises located at 7245 Henry Clay
Boulevard (Tax Parcel No. 115.-01-19.1 ) from $72,000.00 to $48,000.00. The estimated paybacks will be as follows: By the Town $1,343.00±; the County’s $1,925.00± and $10,224.00± and further authorizing the Town Attorney to execute the necessary Stipulation
of Settlement and Order. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:35 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-5 and Noes-0. Carried.



Archived Minutes