May 16, 2005

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 16th of May, 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 May 2, 2005. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0 and Abstention- 1, Councilor Rowley abstaining, because he was not at the last meeting. Carried.

Correspondence/Other Business:

The Supervisor noted that he had correspondence, but it related to the proposed ordinance, which is next on the agenda. 

Local Law No. 1 of the Year 2005 (PH) - Zoning Ordinance, Chapter 230(rewrite) and

Local Law No. 1 of the Year 2005 (PH-SEQR) - Zoning Ordinance, Chapter 230(rewrite):

A public hearing to consider Local Law No. 1 of the Year 2005, Repealing the present Chapter 230, “Zoning Ordinance” 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. Such public
hearing may be continued on May 18th, and 23rd, and June 6th, 2005 as necessary. The purpose of this local law involves a complete change to the zoning text, titles, and the zoning map accordingly, (Adjourned to this date and time at the May 2, 2005 Town Board Meeting)
and,

a public hearing for SEQR purposes to consider Local Law No. 1 of the Year 2005, Repealing the present Chapter 230, “Zoning Ordinance” 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. Such public hearing may be continued on May 18th, and 23rd, and June 6th, 2005 as necessary. The purpose of this local law involves a complete change to the zoning text, titles, and the zoning map accordingly. (Adjourned to this date and time at the May 2, 2005
Town Board Meeting.) 

Supervisor Rupprecht explained that the topic tonight will primarily be the review of the commercial classification changes to the ordinance. He encouraged people to write or e-mail with their comments regarding the proposed changes Councilor Bray gave a brief overview of the process undertaken by the committee. This is the first major update since 1955. New definitions have been added and others clarified. The intent
statement before each classification reflects what the zone is, making the code clearer to understand as compared to the present ordinance. Councilor Bray noted the members of the committee, who individually are knowledgeable and experienced: James Keefe, former Commissioner of Planning and Development for almost 20 years, former Town Board Member and former Planning Board Member; Allen Kovac, member of the Planning Board for 23 years and 14 of those years as Chairman; Arthur Fennhahn, member of the Zoning Board of Appeals for 24 years and 20 of those years as Chairman; Bruce Johnson, retired Administrative Supervisor for the Syracuse and Onondaga Planning Agency, and 8 year member of the Planning Board; David Tessier, former Director of Planning for Syracuse Parks Department and presently Commissioner of Planning and Development; Howard Brodsky, Community Planning Consultant, and former Comprehensive Planner for Syracuse and Onondaga County Planning Agency for 18 years; and Councilor Bray herself, Town Board
Member for 13 years, Town Board Liason to the Department of Planning and Development, and the Chairman of the Clay Zoning Ordinance Committee. Cindy Heid, Code Enforcement Officer and Assistant Commissioner of Planning and Development and the staff of that department are also involved at this stage of the review. There have already been five informal hearings held in January and February, and now it is the responsibility of the Town Board to review the public’s input and make the remaining updates and changes to the ordinance. 
Approximately 120 registered letters were sent and approximately 1600 letters to property owners who are within 100 feet of the C-2 zoning. The Board expects to present its final revisions at the June 6, 2005 meeting. 

The Supervisor explained that at a January informational meeting the Agricultural zones for approximately 100 properties were discussed. The intention was to simply change them to residential. Concerns were raised so their reclassification has been put aside for now.

David Tessier gave an overview of the commercial codes, O-1, O-2, NC-1, HC-1, Rc-1, LuC-1 and LuC-2 , and explained that the same format has been used for each individual zone throughout the whole proposed ordinance. The purpose of this hearing is to get people’s
input.

Supervisor Rupprecht interjected that under the Recreational, Office and Commercial codes there is also an architectural standards statement.

Dave Arnold said he wanted the term cropland removed, that any agricultural use should only require a permit. He also wanted to know where a trash transfer station would fall and Commissioner Tessier said it would be in an Industrial Special Permit Zone.

Joyce Cirrito asked why a school was in an 0-2 zone, that it didn’t seem large enough to accommodate it, and the Supervisor explained that public schools would be in a government zone. Ms. Cirrito said she wanted to see something in the ordinance regarding adult stores and
would like cell towers removed from many of the zones.

The Supervisor explained that for better clarity the zones contain complete listings of what is allowed.

Russ Mitchell noted that a statement had been eliminated with regard to fencing/screening and he feels it needs to be put back in the ordinance. Perhaps in another phase we should review and/or revise people renting their homes to multiple people, adult entertainment, the cell towers
appearance, clustering, signage, architectural standards, and fencing. He also feels the Route 31 corridor between Henry Clay Boulevard and Cicero needs to be looked at.

Supervisor Rupprecht explained that planning staff, members of the Board, Town of Cicero, plus other agencies have already begun a study of the Route 31 corridor.

Mike Bonczek voiced concern with the LuC-1 allowing sale of automotive fuels. He also had concerns regarding bright lights and would like fences even higher, perhaps eight feet for commercial buffers.

Supervisor Rupprecht asked if there were any further comments or questions and there were none. 

Councilor Palmer moved the adoption of a resolution adjourning these public hearings to May 18, 2005, commencing at 7:30 P.M. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

The Supervisor called for a brief recess at 9:20 P.M. The meeting was called back to order at 9:47. P.M.

Authorization/Sewer Lateral Connection:

Councilor Rowley moved the adoption of a resolution authorizing a sewer lateral connection, pursuant to the written request of Mr. Alpha Caza (the property owner), to a Town of Clay sanitary sewer located in Cherry Estate Section No. 5 for the proposed home on Stearns Road
(Tax Map No. 077.-13-27.0 ). The cost of construction will be at no cost to the Town of Clay. The property owner agrees to pay all costs (Town and private) associated with the sanitary sewer connection as well as the Town of Clay Operation and Maintenance charges and the
County Sanitary District charges. The property is currently located within the Cherry Estates Sewer District. The owner further agrees to pay all annual Town and County charges thereafter. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Bank Designations:

Councilor Rowley moved the adoption of a resolution designating Citizens Bank and Oswego County National Bank as additional official 2005 depository banks for the Town of Clay.  Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Projects/Agreements - LIGHTHOUSE VILLAGE TRACT:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with ALBERICI GENERAL CONTRACTORS, INC., for the development of LIGHTHOUSE VILLAGE TRACT. Motion was seconded
by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Project/Drainage (CPH) - LIGHTHOUSE VILLAGE TRACT:

Councilor Edick moved the adoption of a resolution calling a public hearing June 6th, 2005, commencing at 7:35 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 "LIGHTHOUSE VILLAGE
DRAINAGE DISTRICT" and for the construction and acquisition of a lateral drainage system therein to be designated and known as "LIGHTHOUSE VILLAGE DRAINAGE DISTRICT, CONTRACT NO. 1 LATERAL". (Lighthouse Village Tract) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Project/Sewer (CPH) - LIGHTHOUSE VILLAGE TRACT:

Councilor Edick moved the adoption of a resolution calling a public hearing June 6th, 2005, commencing at 7:38 P.M., local time, to consider a petition for the construction and acquisition of a lateral sewer system within the Bear Road Sewer District, to be designated and
known as “BEAR ROAD SEWER DISTRICT, CONTRACT NO. 30 LATERAL”.  (Lighthouse Village Tract) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

The Supervisor reminded all in attendance that there will be a SPECIAL MEETING OF THE TOWN BOARD ON MAY 18TH AND 23RD, 2005 COMMENCING AT 7:30 P.M., LOCAL TIME, for the continuation of the public hearings to consider SEQR purposes
and Local Law No. 1 of the Year 2005, Repealing the present Chapter 230, “Zoning Ordinance” of the Code of the Town of Clay and adopting a new Chapter 230, entitled “Zoning” to the Code of the Town of Clay. 

Bid/Highway - RUBBER-TIRED EXCAVATOR:

Councilor Ulatowski moved the adoption of a resolution rejecting any and all bids received for ONE USED RUBBER-TIRED EXCAVATOR FOR USE BY THE TOWN OF CLAY
HIGHWAY DEPARTMENT. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Ulatowski moved the adoption of a resolution authorizing readvertisement of bids for the purchase of ONE USED RUBBER-TIRED EXCAVATOR FOR USE BY THE
TOWN OF CLAY HIGHWAY DEPARTMENT. Said bids to be received until June 3rd, 2005 at 11:00 A.M., local time. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Personnel/Contract - Employee Handbook:

No action taken.

Elections - Polling Places:

Councilor Palmer moved the adoption of a resolution approving the TOWN OF CLAY ELECTION DISTRICTS and designated Polling Places for the year 2005 as shown on a list on file in the Town Clerk’s Office. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Lease Agreement:

Councilor Palmer moved the adoption of a resolution authorizing the Supervisor to execute a Lease Agreement between the LIVERPOOL CENTRAL SCHOOL DISTRICT and the TOWN OF CLAY with regard to the use of the school’s facilities for the Town’s Athletic
Program for the current school year and shall extend from June 21st, 2005 to August 12th, 2005, at a cost of approximately $2,230.50. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Contract/Onondaga County - Highway Snow Contract:

Councilor Rycraft moved the adoption of a resolution authorizing the Supervisor to execute a contract with the County of Onondaga for snow plowing of County roads within the Town of Clay for a period from June 1, 2005 through May 31, 2008 at $4,800.00 for the year commencing June 1, 2005, for each contract year thereafter the Town of Clay shall be entitled to an increase in compensation of three (3.0%) percent. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 9:58 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.

Archived Minutes