June 20, 2005

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 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 Ulatowski moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on June 6, 2005. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business:

Brianne Forsythe informed the Board she goes to the Canteen in Cicero and that it is a great place to go and that she really enjoys it. The Supervisor thanked her for her comments and added that the Town financially supports the center.

Sewer/Project (PH) - AMERICAN GRANBY SITE PROJECT:

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 “WOODARD
SEWER DISTRICT, CONTRACT NO. 28 LATERAL" (American Granby Site Project)  was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Tom Dussing of O’Brien and Gere Engineers, Inc. gave a brief overview of the project. It is located at the corner of Buckley Road and Morgan Road and it is proposed to construct 100 linear feet of 8-inch diameter sanitary sewers and appurtenances. The facilities will be constructed by the owner and conveyed to the Town at no cost. The estimated cost of the project is $10,000.

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 - AMERICAN GRANBY SITE:

Councilor Rowley 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 AMERICAN GRANBY SITE (Woodard Sewer District, Contract No. 28 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer AMERICAN GRANBY, INC. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Project - AMERICAN GRANBY SITE:

Councilor Rowley moved the adoption of a resolution approving the Final Plans for the AMERICAN GRANBY SITE (Woodard Sewer District, Contract No. 28 Lateral) 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.

Bid Award/Recreation - SITE WATER SLIT DRAINS AND FITTINGS:

Councilor Palmer moved the adoption of a resolution awarding a contract for the purchase of SITE WATER SLIT DRAINS AND FITTINGS FOR USE BY THE TOWN OF CLAY to Northern Nurseries, Inc. for the low bid of $24,547.00. Said amount being the
lowest responsible bidder. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Project - SOLVAY BANK AT GLENN CROSSING:

Councilor Ulatowski moved the adoption of a resolution that the Town of Clay having conducted a public hearing to consider the construction and acquisition of sewer facilities located within the project known as SOLVAY BANK AT GLENN CROSSING (Hiawatha Plaza Sewer District, Contract No. 6 Lateral) and the construction of said sewer facilities having been completed in accordance with the Plans and Specifications thereof; the Town Engineers having certified that such facilities have been satisfactorily completed and that the developer
post all required securities, as well as payment of all estimated legal, engineering and administrative fees that may be outstanding and any future engineering fees as required and contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and SOLVAY BANK AT GLENN CROSSING PLAZA that the Town accept title to such facilities. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Project/Easement - SOLVAY BANK AT GLENN CROSSING:

Councilor Edick moved the adoption of a resolution accepting an easement for sewer facilities located within Hiawatha Plaza Tract to serve the project known as SOLVAY BANK AT GLENN CROSSING from HIAWATHA PLAZA ASSOCIATES, LLC. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Bid - ROOFING PROJECT (former Town Hall):

Councilor Edick moved the adoption of a resolution authorizing advertisement of bids for the ROOFING PROJECT at the FORMER CLAY TOWN HALL AND POLICE STATION AT 4483 ROUTE 31. Said bids to be received until July 14th, 2005 at 11:00 A.M., local time. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Zone change (CPH) - Town Board Case #913 - PINE PLAINS CEMETERY ASSOCIATION and GROUP ONE DEVELOPMENT, LLC:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing July 18th, 2005, commencing at 7:35 P.M., local time, to consider the application of PINE PLAINS CEMETERY ASSOCIATION and GROUP ONE DEVELOPMENT, LLC for a change of zone from Regional Commercial (RC-1) District to Residential Agricultural (RA-100) District on property located on Henry Clay Boulevard at NYS Route 31, being the north east corner, adjacent to the Pine Plains Cemetery, (part of Tax Map No. 045.-01-02.1). Motion
was seconded by Councilor Bray .

Ayes-7 and Noes-0. Unanimously carried.

Zone change (CPH) - Town Board Case #915 - VICTOR WATKINS:

Councilor Edick moved the adoption of a resolution calling a public hearing July 18th, 2005, commencing at 7:38 P.M., local time, to consider the application of VICTOR WATKINS for a change of zone from Residential Agricultural (RA-100) District to One-Family Residential (R-40) District on property located on the southwest corner of Maple and Grange Roads, (part of Tax Map No. 061.-01-41.1). Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Zone change (CPH) - Town Board Case #917 - NICOLINO PADUANO:

Councilor Edick moved the adoption of a resolution calling a public hearing July 18th, 2005, commencing at 7:41 P.M., local time, to consider the application of NICOLINO PADUANO for a change of zone from One-Family Residential (R-10) District and Residential Agricultural (RA-100) District to One-Family Residential (R-15) District
on property located on the north side of Bear Road, just west of Windsor Drive, (part of Tax Map No. 089.-01-15.2). Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Zone change (CPH) - Town Board Case #918 - FRED J. KLOPFER:

No action taken.

Zone change (CPH) - Special Permit/Town Board Case #920 - TERESA GRENGA:

Councilor Edick moved the adoption of a resolution calling a public hearing July 18th, 2005, commencing at 7:47 P.M., local time to consider the application of TERESA GRENGA for a SPECIAL PERMIT to operate a dog day care/grooming business at property located at 7337 Oswego Road (Tax Map No. 104.-02-22.0). Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Agreement/Project - LAWTON VALLEY HUNT TRACT, SECTION NOS. 12 AND 13:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with KELLY-TOBIN DEVELOPMENT CORPORATION for the development of LAWTON VALLEY HUNT TRACT, SECTION NOS. 12 AND 13. (Lawton Valley Hunt Sewer District, Extension No. 1, Contract No. 2 Lateral, Lawton Valley Hunt Drainage District, Extension No. 1, Contract No. 2 Lateral, Lawton Valley Hunt Sewer District, Extension No. 2, Contract No. 1 Lateral and Lawton Valley Hunt Drainage District, Extension No. 2, Contract No. 1 Lateral) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Project/Sewer (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NOS. 12 AND 13:

Councilor Edick moved the adoption of a resolution calling a public hearing July 18th, 2005 commencing at 7:50 P.M., local time, to consider a Petition for the construction and acquisition of a lateral sewer system located within Lawton Valley Hunt Sewer District, Extension No. 1 to be designated and known as “LAWTON VALLEY HUNT SEWER DISTRICT, EXTENSION NO. 1, CONTRACT NO. 2 LATERAL.” (Lawton Valley Hunt Tract, Section Nos. 12 and 13) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Project/Drainage (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NOS. 12 AND 13:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing July 18th, 2005 commencing at 7:53 P.M., local time, to consider a Petition for the construction and acquisition of a lateral drainage system located within Lawton Valley Hunt Drainage District,
Extension No. 1 to be designated and known as “LAWTON VALLEY HUNT DRAINAGE DISTRICT, EXTENSION NO. 1, CONTRACT NO. 2 LATERAL.” (Lawton Valley Hunt Tract, Section Nos. 12 and 13) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Project/Sewer (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NOS. 12 AND 13:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing, commencing at July 18th, 2005 commencing at 7:56 P.M., local time, to consider a Petition for the extension of the Lawton Valley Hunt Sewer District within the Town of Clay to be designated and known as “LAWTON VALLEY HUNT SEWER DISTRICT, EXTENSION NO. 2" and for the construction and acquisition of a lateral sewer system therein to be designated and known as “LAWTON VALLEY HUNT SEWER DISTRICT, EXTENSION NO. 2, CONTRACT NO. 1 LATERAL”. (Lawton Valley Hunt Tract, Section Nos. 12 and 13) 
Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Project/Drainage (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NOS. 12
AND 13:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing July 18th, 2005, commencing at 7:59 P.M., local time, to consider a Petition for the extension of the Lawton Valley Hunt Drainage District within the Town of Clay to be designated and known as "LAWTON VALLEY HUNT DRAINAGE DISTRICT, EXTENSION NO. 2" and for the construction and acquisition of a lateral drainage system therein to be designated and known as “LAWTON VALLEY HUNT DRAINAGE DISTRICT, EXTENSION NO. 2, CONTRACT NO. 1 LATERAL". (Lawton Valley Hunt Tract, Section Nos. 12 and 13)  Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Traffic & Vehicles/No Parking - Temporary turn around/Black Brant Drive:

Councilor Bray moved the adoption of a resolution calling a public hearing July 18th, 2005 commencing at 8:03 P.M., local time, to consider amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 211-18, Schedule XIV (Section 211-47), of the Code of the
Town of Clay to designate and provide for NO PARKING within the temporary turnaround easement of the Town of Clay at the end of BLACK BRANT DRIVE which adjoins 3623 Black Brant Drive and the installation of the necessary signs therefore.  Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Zone change (CPH) - Town Board Case #919 - ELDAN HOMES, INC. and GREEN LAKE ASSOCIATES, LLC: 

Councilor Rowley moved the adoption of a resolution calling a public hearing July 18th, 2005, commencing at 8:06 P.M., local time to consider the application of ELDAN HOMES, INC., and GREEN LAKE ASSOCIATES, LLC for a change of zone from Residential
Agricultural (RA-100) District to One-Family Residential (R-40) District on property located at on the east side of Henry Clay Boulevard (Tax Map No. 043.-01-34) and north side of VER PLANK ROAD (Tax Map No. 043.-01-15.4). Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Project/Securities (posting) - COACHMAN’S CROSSING, SECTION NO. 5:

Councilor Ulatowski 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 COACHMAN’S CROSSING, SECTION NO. 5 (Caughdenoy
Road Sewer District, Contract No. 6 Lateral and Caughdenoy Road Drainage District, Contract No. 6 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 $30,000.00 to guarantee the cost of completing the overland drainage as shown on a list prepared by the Town Engineers under date of June 16th, 2005 and contingent upon the developer posting all securities required as well as legal and engineering fees owed or incurred in the future and having complied with all the requirements set forth in an Agreement between the Town of Clay and MUFALE BUILDERS INC., that the Town accept title to such facilities. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Deed/Project - COACHMAN’S CROSSING, SECTION NO. 5:

Councilor Bray moved the adoption of a resolution accepting a deed for highway purposes within COACHMAN’S CROSSING, SECTION NO. 5 from MUFALE BUILDERS, INC., as shown on the Final Plan as prepared by Ianuzi & Romans Land Surveying dated March 15, 2004 revised May 13, 2005, subject to approval of the Town Attorney as to form and content. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Deed/Project - COACHMAN’S CROSSING, SECTION NO. 5:

Councilor Palmer moved the adoption of a resolution accepting a deed for open lands as indicated on the Final Plan of COACHMAN’S CROSSING, SECTION NO. 5 from MUFALE BUILDERS, INC., prepared by Ianuzi & Romans Land Surveying dated March
15, 2004 revised May 13, 2005, subject to approval of the Town Attorney as to form and content. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Easement/Project - COACHMAN’S CROSSING, SECTION NO. 5:

Councilor Rycraft moved the adoption of a resolution accepting an easement for drainage and sewer facilities located within the COACHMAN’S CROSSING, SECTION NO. 5 (Caughdenoy Road Sewer District, Contract No. 6 Lateral and Caughdenoy Road Drainage
District, Contract No. 6 Lateral) from MUFALE BUILDERS, INC., as shown on the Final Plan as prepared by Ianuzi & Romans Land Surveying dated March 15, 2004 revised May 13, 2005, subject to approval of the Town Attorney as to form and content. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Project - COUNTRY MEADOW SECTION “D”:

Councilor Edick 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 COUNTRY MEADOW SECTION “D” (Country Meadow Sewer District,
Extension No. 1, Contract No. 1 Lateral and Country Meadow Drainage District, Extension No. 1, Contract No. 1 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 $20,000.00 to guarantee the cost of completing the overland drainage as shown on a list prepared by the Town Engineers under date of June 17th, 2005 and contingent upon the developer posting all securities required as well as legal and engineering fees owed or incurred in the future and having complied with all the requirements set forth in an Agreement between the Town of Clay and GROUP ONE DEVELOPMENT, LLC that the Town accept title to such facilities. 
Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Deed/Project - COUNTRY MEADOW SECTION “D”:

Councilor Edick moved the adoption of a resolution accepting a deed for highway purposes within COUNTRY MEADOW, SECTION “D” from GROUP ONE DEVELOPMENT, LLC, as shown on the Final Plan as prepared by Ianuzi & Romans Land Surveying dated January 5, 2005, subject to approval of the Town Attorney as to form and content. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Easement/Project - COUNTRY MEADOW SECTION “D”:

Councilor Bray moved the adoption of a resolution accepting an easement for drainage and sewer facilities located within the COUNTRY MEADOW, SECTION “D” (Country Meadow Sewer District, Extension No. 1, Contract No. 1 Lateral and Country Meadow
Drainage District, Extension No. 1, Contract No. 1 Lateral) from GROUP ONE DEVELOPMENT, LLC as shown on the Final Plan as prepared by Ianuzi & Romans Land Surveying dated January 5, 2005, subject to approval of the Town Attorney as to form and content. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Appointments - MOYERS CORNERS FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving the appointment of BRANDON SKIPWORTH and DANIEL STACHURSKI at STATION 1; JOSEPH BROWN, JOSHUA FERARRA and JOSEPH YORK at STATION 2 and PATRICK
HERRICK at STATION 3 as volunteer members of the MOYERS CORNERS FIRE DEPARTMENT, INC. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Contract - F. R. A. Engineering Company:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to execute a contract with F. R. A. Engineering Company for the proposed engineering services in relation to the Route 31/57 Corridor Study Update in an amount not to exceed $38,000.00.
It is noted that the Town Board has been provided with a copy of a formal proposal dated April 13th, 2005. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Moratorium (CPH) - Zone Changes:

Councilor Rowley moved the adoption of a resolution calling a public hearing July 18th, 2005, commencing at 8:09 P.M., local time, to consider the adoption of a moratorium prohibiting zone changes in the Route 57/31 corridor study update area as defined by the proposal of F.R.A. Engineering Company dated April 13th, 2005. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 8:18 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.

Archived Minutes