June 6, 2005

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 June, 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 Edick moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on May 16th, 2005, and the Special Meetings of May 18th and May 23rd, 2005. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business:

None.

Project/Drainage (PH) - LIGHTHOUSE VILLAGE SUBDIVISION; and

Project/Sewer (PH) - LIGHTHOUSE VILLAGE SUBDIVISION:

A public hearing 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 Subdivision); and

a public hearing 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 Subdivision) was opened by the Supervisor. Proofs of publication and postings were furnished by the Town Clerk.

Alex Wisniewski of LJR Engineering gave a brief overview of the projects to be constructed on property on the west side of Bear Road, between Charter Oak Apartments and Kennedy Park. 

With regard to the Lighthouse Drainage District, it is proposed to construct approximately 4080 lineal feet of storm sewers and appurtenances. The facilities will be constructed by the developer and dedicated to the Town at no cost. The storm sewers will service 44 new single-family lots. There will be an annual charge of $45.00 per unit.

Wendy Hildman, property manager for Charter Oaks, stated that they have drainage problems in front of their complex and the water gets to be three feet deep. She is concerned about the safety for their residents and how is looks to future renters. A brief discussion followed and Ms.
Hildman presented pictures of the standing water in front of the Charter Oaks Apartments.

Alex Wisniewski felt their project does and will not affect their drainage issues, but perhaps their storm sewer pipe could be extended by Charter Oaks to improve their drainage. 

With regard to the lateral for the Bear Road Sewer District, it is proposed to construct approximately 2330 lineal feet of sanitary sewers and appurtenances to service the 44 single-family lots. The facilities will be constructed by the developer and dedicated to the Town at no
cost. There will be an estimated annual charge of $21.00 per residential lot.

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 hearings were closed. 

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. 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 23, 2005 Special 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. 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) were opened by the Supervisor. Proofs of publication and postings were furnished by the Town Clerk.

Commissioner Tessier gave a brief review of the work so far with regard to the rewriting of the zoning ordinance. Using the April 15, 2005 Draft a series of public hearings were held where the Town received input from the residents and staff. Typos were corrected, missing blanks
filled in, and minor changes were made based on this input. The results are a flexible document that is easy to read and understand. Four additional changes to be made to the new draft dated June 2, 2005 are as follows: 1.} To the text, the definition of restaurants, the words catering facility are to be deleted. 2.} To the map, the area around Charles Hafner’s project, which is located at the north west corner of Buckley Road and Taft Road, two areas shown as  Agricultural (A-1) District should be R-10 Residential. 3.} the Cerami property on Long
Branch Road that is a C-2, is shown as an HC-1 Highway Commercial, but it will be a NC-1 Neighborhood Commercial; and 4.} On Buckley Road at the south town line, the west side (Hafner’s Red Barn) will be an HC-1 Highway Commercial and the east side (the greenhouses)
will be zoned NC-1 Neighborhood Commercial.

Joyce Cirrito, Bayberry Community, said that the Bayberry Plaza is to be an RC-1 Regional Commercial and they want it to be an HC-1.

Mr. Rivette voiced concern with the frontage requirement for agricultural zones.

Greg Shaffer, President of the Moyers Corners Fire Department, again asked that their property on 8478 Oswego Road be zoned neighborhood commercial rather than government. 

Charles Mangan stated that the Town has accomplished a great step forward with the rewriting of the ordinance. It is easy to understand and he hopes it will be approved.

Karen Kitney, Director of the Syracuse/Onondaga County Planning Agency, commended the zoning committee for a job well done and the fact that the Town is making it available to more people via the web site.

June Baycura, President of Bayberry Community Association, also voiced concern with the zoning of Bayberry Plaza and the small lots that are scattered along Oswego Road that will become RC-1 Regional Commercial. She feels there should be separate votes for each
commercial zone.

Russ Mitchell reiterated that the six foot solid screen requirement was eliminated from the code. He also felt the Town should make changes in the ordinance quicker than this ten year span.  Signs need to be better defined.

The Supervisor thanked the committee responsible for this undertaking and thanked the public and planners for their input. He feels it is a clear and concise code.

Councilor Bray introduced the zoning committee and thanked them for their tremendous commitment: Bruce Johnson, Allen Kovac, Jim Keefe, Art Fennhahn, David Tessier and Howard Brodsky. She also thanked the Planning and Development staff for their great contributions and her fellow Board members for their efforts. Councilor Bray noted that some
things are unresolved and they hope to address the additional changes in the Tract II phase. Signs and parking in particular need to be addressed, along with other changes.

Councilor Rowley said that section 278 clustering developments was an important change. The Town Board will authorize the Planning Board to use section 278 on a case by case basis.

The Supervisor entered the statement of findings on the environmental review into the record.

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 hearings were closed. 

Bid/Highway - RUBBER-TIRED EXCAVATOR:

No action taken.

Personnel - Employee Handbook:

No action taken.

Project/Drainage - LIGHTHOUSE VILLAGE SUBDIVISION:

Councilor Palmer moved the adoption of a resolution approving the creation of a drainage district within the Town of Clay to be designated and known as “LIGHTHOUSE VILLAGE DRAINAGE DISTRICT”. (Lighthouse Village Subdivision) Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Project (Acquire facilities) - LIGHTHOUSE VILLAGE SUBDIVISION:

Councilor Palmer 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 LIGHTHOUSE VILLAGE SUBDIVISION (Lighthouse Village Drainage District, Contract No. 1 Lateral and Bear Road Sewer District, Contract No. 30 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer ALBERICI GENERAL CONTRACTORS, INC. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Bray moved the adoption of a resolution that proposed 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 is a Type 1 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 Palmer.

The Supervisor gave a brief overview of the findings and read portions of it. He added that the adoption of the code will not have a significant effect on the environment. When the uses are requested, it will generate the environmental reviews.

Councilor Rycraft said he had concerns with the rewriting of the whole code, but finds the code workable. He does have remaining concerns regarding Highway Commercial and Regional Commercial.

Councilor Palmer said he was also apprehensive but found the committee very open minded to suggestions. He feels the new code is a step forward.

Councilor Ulatowski said he found the public’s input very rewarding and a pro-active approach to revision.

Councilor Edick said the committee worked hard and that this revised code is a step that makes Clay a great community to live in.

Councilor Rowley noted that this is a case study of how government can work well together.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Bray moved the adoption of a resolution approving 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, as amended. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Project (Final Plans) ORANGE COMMONS SUBDIVISION:

Councilor Rowley moved the adoption of a resolution approving the Final Plans for the ORANGE COMMONS SUBDIVISION (Orange Commons Sewer District, Contract No. 1 Lateral, Orange Commons Drainage District, Contract No.1 Lateral, Orange Commons Water Supply District [OCWA service area] and Orange Commons Lighting District) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Project (Final Plans) - LIGHTHOUSE VILLAGE SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution approving the Final Plans for the LIGHTHOUSE VILLAGE SUBDIVISION (Lighthouse Village Drainage District, Contract No. 1 Lateral and Bear Road Sewer District, Contract No. 1 Lateral) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Meetings - Cancellations and rescheduling:

Councilor Edick moved the adoption of a resolution canceling the July 4th, 2005 and August 1st, 2005 Town Board Meetings. (Town Board Meetings during July and August will be held on July 18th, 2005 and August 15th, 2005.) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Edick moved the adoption of a resolution canceling the September 5th, 2005 Town Board Meeting and rescheduling same to Wednesday, September 7th, 2005, due to the Labor Day Holiday. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried. 

Agreement/Project - AMERICAN GRANBY SITE PROJECT:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with AMERICAN GRANBY, INC., for the development of AMERICAN GRANBY SITE PROJECT. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Sewer/Project - AMERICAN GRANBY SITE PROJECT:

Councilor Edick moved the adoption of a resolution calling a public hearing June 20th, 2005, commencing at 7:35 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 “WOODARD SEWER DISTRICT, CONTRACT NO. 28 LATERAL". (American Granby Site Project) Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Bond Resolution/Highway - RUBBER-TIRED EXCAVATOR:

No action taken.

Bid/Recreation - SITE WATER SLIT DRAINS AND FITTINGS FOR USE BY THE TOWN OF CLAY:

Councilor Rowley moved the adoption of a resolution authorizing the advertisement of bids for the purchase of SITE WATER SLIT DRAINS AND FITTINGS FOR USE BY THE TOWN OF CLAY. Said bids to be received until June 20th, 2005 at 11:00 A.M., local
time. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 9:27 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.

Archived Minutes