July 18, 2005

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 18th of July, 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 20, 2005. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business:

Councilman Palmer announced that he is moving out of the Town of Clay and will not be seeking re-election. This is his 35th year with the Town and he feels he has done a lot over the years to make it a better place to live. He’s been involved with recreation, the development of
parks and green areas, the Historical Park and the Welcome Center. He helped establish the first trash district in Clay (Clairmont Four Seasons development). His engineering and environmental background has helped him be an informed and capable representative for the
residents. The Supervisor congratulated Councilor Palmer for his years of service. Councilor Rycraft thanked him for being a friend and helping him when he came on the Board.

New York State Assemblyman Jeff Brown gave updates on the actions taken in Albany, such as an on time budget and positive reforms to have it on time every year. There are reforms also for lobbying, and voting procedures in the Assembly. Next year there will be new voting
machines and the County will take over the running of Elections. There’s new energy legislation and costs of drugs will be on line so people can compare pricing. They had a positive session, but there is still more to do. The Supervisor thanked Assemblyman Brown for all his
assistance to the Town. 

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

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

Matthew Kerwin, representing the Pine Plains Cemetery Association, explained that they had obtained the property for continued cemetery use. The requested zoning would be consistent use with the adjacent area. The cemetery has been in existence for 200 years and this two and
a half acres should give them space well into the future.

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.

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

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

Anthony Delia, the attorney representing the applicant, would like to use this lot to build a single family home. The Onondaga County Planning Board has recommended disapproval because they feel their water easement would be impeded with the construction of a dwelling.  Mr. Delia said they feel there will be room enough and that it would not effect the County’s easement. The lot consists of approximately one and three fourths acres and this use would fit in with the surrounding zoning.

The Supervisor said he was struggling with his decision and was reluctant to add additional driveways. He added that he is also less inclined to do a zone change on a single lot.

David Martin said he would like to purchase the property to build a home and asked if there was a questions as to where the driveway would be.

The Supervisor said the issue is whether to give a zone change to lots on collector roads that have less frontage, and that the number of driveways down the road could eventually be a problem.

Dave Arnold said he felt the lot was limited with putting in a driveway, a house and a septic system.

Mary Desrosiers said she was in favor of the zone change request.

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.

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

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

Nick Ianuzi, who is representing the applicant, said they have a frontage of 60 feet for where they would have a driveway (one exists there already), which would be a common road for one house and the church. In the back portion they would build a cul-de-sac off Windsor Drive and
create three more lots.

Supervisor Rupprecht noted the Onondaga County Planning Board’s recommendation was that it would have no adverse effect, but access should not be from Bear Road. The layout will be determined by the Planning Board.

Councilor Bray asked if the building would end at the power line and Commissioner Tessier said yes.

Councilor Rowley asked if there would be another curb cut on Bear Road and Mr. Ianuzi said they would create a common road with the church.

Tom Heimlich asked if they would be building on the back of the RA-100 green area and Mr. Ianuzi said no, that it was not likely anything could be built there. Perhaps the Department of Environmental Conservation would want to purchase it in the future. Mrs. Heimlich asked if it could be built on, and Mr. Ianuzi said they would have to fill in the wetland. Mrs. Heimlich said she would be against the zone change.

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.

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

A public hearing to consider the application of TERESA GRENGA for a SPECIAL PERMIT to operate a dog day care/grooming business on property located at 7337 Oswego Road (Tax Map No. 104.-02-22.0) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Attorney Jennifer Granzow said the applicant would like to open a day care, grooming and training business for dogs. The location of this business is between the public storage buildings and the Niagara Mohawk power lines. Their hours of operation would be 7:00 a.m. to 6:30 p.m. There would be no overnight boarding, and most of the activity would be inside. They plan on putting up privacy and chain link fencing. The zoning is RA-100, but a Special Permit is required to run a dog daycare business. Attorney Granzow said they will also improve the
building.

Councilor Rycraft noted that the building is a house, but would anyone be living in it. Commissioner Tessier said no.

Supervisor Rupprecht stated that the Onondaga County Planning Board’s recommendation was that there will be no significant implications and may be acted on solely by the Town Board.

Councilor Bray asked that if the applicant did decide in the future to board dogs overnight would they have to come back to the Town Board for a permit and Commissioner Tessier said they would have to, and adjust the Special Permit.

Russ Mitchell said he was not opposed to the issuing of a Special Permit.

Councilor Palmer asked if the hours could be expanded and Commissioner Tessier said the Board could limit the hours to what they stated previously.

Dave Capria asked how many dogs and Attorney Granzow 35 to 38 dogs a day.

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/Drainage (PH’s) - LAWTON VALLEY HUNT TRACT, SECTION NOS. 12 AND 13:

A public hearing 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); 

a public hearing 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); 

a public hearing 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); and

a public hearing 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) were opened by the
Supervisor. Proof of publications and postings were furnished by the Town Clerk.

Elise Pikarsky, representing Kelly Tobin, gave a brief overview of the sewer and drainage districts to be formed to serve Lawton Valley Hunt Tract, Section Nos. 12 and 13.

Lawton Valley Hunt Sewer District, Extension No. 1, Contract No. 2 Lateral - It is proposed to construct approximately 3269 lineal feet of 8-inch diameter sanitary sewers and appurtenances, and 6-inch diameter service connections to the property lines. The facilities, which will serve 56 single family homes, will be constructed by the Developer and dedicated to the Town at no cost. The probable cost of construction is $147,105. The charge per unit for 2005 is $270.42.

Lawton Valley Hunt Drainage District, Extension No. 1, Contract No. 2 Lateral - It is proposed to construct approximately 5151 lineal feet of 8-30 inch diameter storm sewers and appurtenances. The facilities, which will serve 56 single family homes, will be constructed by
the Developer and dedicated to the Town at no cost. The probable cost of construction is $128,775. The charge per unit for 2005 is $45.00.

Lawton Valley Hunt Sewer District, Extension No. 2, Contract No. 1 Lateral - It is proposed to construct approximately 318 lineal feet of 8-inch diameter sanitary sewers and appurtenances and 6-inch diameter service connections to the property lines. The facilities, which will serve seven single homes, will be constructed by the Developer and dedicated to the Town at no cost. The probable cost of construction is $14,310. The charge per unit for 2005 is $270.42.

Lawton Valley Hunt Drainage District, Extension No. 2, Contract No. 1 Lateral - It is proposed to construct approximately 661 lineal feet of 8-12 inch diameter storm sewers and appurtenances. The facilities, which will serve seven single family homes, will be constructed by the Developer and dedicated to the Town at no cost. The probable cost of construction is $16,525. The charge per unit for 2005 is $45.00.

Councilor Palmer commented that he was working with Kelly Tobin with regard to a trail system and he said he would not vote unless there was a legal transfer or legal document for the land needed for the trail system. 

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.

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

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

Patricia Ventra explained that cars park there all the time and people think it’s a public parking area.

Supervisor Rupprecht noted that the Police Commissioner and the Highway Superintendent both recommended approval of this request.

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.

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

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

Dan Baraba, owner/developer, explained that this is the old Dixon Farm off Ver Plank Road.  It consists of 187 acres. He had an exhibit showing a potential layout of 70 homes, but it is not necessarily how it will be laid out. The Planning Board will determine that at site plan approval. 
Mr. Barnaba projects it to be septic fields, public water and gas or propane serviced. Ingress and egress for this potential development is off Henry Clay Boulevard and Ver Plank Road.

Mr. Barnaba noted that Onondaga County Planning recommended disapproval. Addressing their first comment regarding soil suitability, he felt what they said was confusing, but as the developer they could change the septic system and the soil. As to the County’s second
comment that it is not clear how the proposed project would fit in the Town’s long-term plan, Mr. Barnaba said this project is not part of the Town’s long term plan.

Tim Hegan voiced concern with regard to peoples wells that are in the vicinity of this development.

Ray Florczyk stated that this development falls within his east/west runway for his airport. He added that a good portion of the land in this parcel is wetlands.

George Pinkasiewicz asked how they would handle the influx of traffic, and Mr. Barnaba said that he had no traffic information at this point.

Barbara Grabosky voiced concern for traffic.

Tim Caswell asked if there would be public water and public gas and Mr. Barnaba said there was public water and there would not be any gas unless Niagara Mohawk put in pipe lines.

Mr. Egan asked if the road layout was still undecided and Mr. Barnaba said yes, that the plan he is presenting is just a possible configuration 

Mike Gasiorowski, Mike’s Auto Body shop, asked if there would be problems with the paint fumes from his shop. He was concerned about repercussions, as he doesn’t want complaints. The Supervisor advised him to speak to the Planning Commissioner.

Joe Porada also voice concerns regarding traffic.

Jean Grunner added her concerns with regard to the Oak Orchard Treatment Plant. There is sometimes terrible odors coming from it, and trucks are constantly going back and forth on her road.

Barbara Smith said she has a disabled child who gets on the bus and with the curves and dip in the road, cars can be a safety problem.

Supervisor Rupprecht said the Town could request an impact statement, but the developer can build 40 homes within the RA-100 zoning, but with the zone change he would only be adding possibly 30 more homes and he didn’t feel that would make much of a difference.

Bob Obreck suggested a 35 mile an hour speed limit the full length of Henry Clay Boulevard because people speed excessively along this road.

The Supervisor said he would get the police to patrol it more often.

Dan Barnaba pointed out that, with a community septic system, residents could hook up to a county sewer system in the future.

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

Councilor Bray moved the adoption of a resolution adjourning this public hearing to August 15th, 2005, to commence at 7:57 P.M. local time. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

The Supervisor called for a recess at 10:23 p.m. He called the meeting back to order at 10:38 p.m.

Local Law #2 of the Year 2005 (CPH) - Moratorium on Zone Changes:

A public hearing to consider Interim Local Law No. 2 of the Year 2005, 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 prohibiting consideration of recommendations as to zone changes by the Town of Clay Planning Board for the development of land uses within certain areas of Route 31 and Route 57 (as defined in the corridor study proposal of F.R.A. Engineering Company dated April 13th, 2005) in the Town for a period of 180 days from the effective date of said interim local law was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht explained that an update is needed. There will be a meeting of the original steering committee and some organizations that will give input. There will probably be 50 to 100 people invited. The engineering company will come back with recommendations and have another public session before presenting documents to the Town Board.

Mr. Klopfer noted that the Town couldn’t act on his zone change request because of the previous moratorium and now there is another one, and he has to wait yet again, another year.  He feels it isn’t fair.

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.

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

Councilor Ulatowski moved the adoption of a resolution that 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) is an unlisted 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.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Ulatowski moved the adoption of a resolution approving 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 Palmer.

Ayes-7 and Noes-0. Unanimously carried.

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

No action taken.

Zone change - Town Board Case #915 - VICTOR WATKINS:

No action taken.

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

Councilor Edick moved the adoption of a resolution that the application of TERESA GRENGA for a SPECIAL PERMIT to operate a dog day care/grooming business on property located at 7337 Oswego Road (Tax Map No. 104.-02-22.0 is an unlisted 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.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Edick moved the adoption of a resolution approving 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 Palmer.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Edick moved the adoption of a resolution approving the extension of a sewer district within 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”, (Lawton Valley Hunt Tract, Section Nos. 12 and 13). Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Edick moved the adoption of a resolution pursuant to the written recommendation of the Town Engineers that the extension of a drainage district within the Lawton Valley Hunt Drainage District in the Town of Clay to be designated and known as “LAWTON VALLEY
HUNT DRAINAGE DISTRICT, EXTENSION NO. 2” is an unlisted 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. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Edick moved the adoption of a resolution approving the extension of a drainage district within 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”, (Lawton Valley Hunt Tract, Section Nos. 12 and 13). Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

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

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 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) in accordance with the terms and conditions of a certain
Agreement entered into between the Town of Clay and the developer KELLY-TOBIN DEVELOPMENT CORPORATION. Motion was seconded by Councilor Palmer.

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 approving amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 211-18, Schedule XIV (Section 211-47), of the Code of the Town of Clay designating and providing 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 Edick.

Ayes-7 and Noes-0. Unanimously carried.

Project (Final Plans) - LAWTON VALLEY HUNT TRACT, SECTION NOS. 12 AND 13:

Councilor Palmer moved the adoption of a resolution approving the Final Plans for the 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) and authorizing the Supervisor to execute the necessary forms therefore (Contract documents), subject to the approval of the Town Engineer and Supervisor to the location and configuration of the storm water facilities and the Town Attorney with regard to the satisfactory proof of dedication of the proposed walking trail access easement and
proposed parklands . Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried. 

Bid Award - ROOFING PROJECT at the FORMER CLAY TOWN HALL AND POLICE STATION:

Councilor Ulatowski moved the adoption of a resolution awarding a contract for the ROOFING PROJECT at the FORMER CLAY TOWN HALL AND POLICE STATION AT 4483 STATE ROUTE 31 to DeWald Roofing Company, Inc. for the low bid of $144,700. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Bid Rejection - ONE USED RUBBER-TIRED EXCAVATOR FOR USE BY THE TOWN OF CLAY HIGHWAY DEPARTMENT:

Councilor Ulatowski moved the adoption of a resolution rejecting all bids received on June 3rd, 2005 at 11:00 A.M., local time, for the purchase of ONE USED RUBBER-TIRED EXCAVATOR FOR USE BY THE TOWN OF CLAY HIGHWAY DEPARTMENT and to return all bid deposits/bonds to each respective unsuccessful bidder. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Agreement/Project - SPRING STORAGE PARK PROJECT:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with TIMBERVIEW FORESTRY MANAGEMENT, INC., for the development of SPRING STORAGE PARK PROJECT (Spring Drainage District, Contract No. 1 Lateral and Woodard Water District, Extension No. 2, Contract No. 32 Lateral). Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Agreement/Project - POWER FEDERAL CREDIT UNION MORGAN ROAD PROJECT:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with POWER FEDERAL CREDIT UNION for the development of POWER FEDERAL CREDIT UNION MORGAN ROAD PROJECT
(Power Federal Credit Union Drainage District, Contract No. 1 Lateral and Power Federal Credit Union Sewer District, Contract No. 1 Lateral). Motion was seconded by Councilor Ulatowski.

Councilor Edick recused himself from voting, as he sold property to the Power Federal Credit Union.

Ayes-6 and Noes-0. Carried.

Project/Drainage (CPH) - SPRING STORAGE PARK PROJECT:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing August 15th, 2005 commencing at 7:35P.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 SPRING DRAINAGE
DISTRICT and for the construction and acquisition of a lateral drainage system located therein to be designated and known as “SPRING DRAINAGE DISTRICT, CONTRACT NO. 1 LATERAL”. (Spring Storage Park Project). Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Project/Water (CPH) - SPRING STORAGE PARK PROJECT:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing August 15th, 2005 commencing at 7:38 P.M., local time, to consider a Petition for the construction and acquisition of a lateral water system located within Woodard Water District, Extension No. 2
to be designated and known as “WOODARD WATER DISTRICT, EXTENSION NO. 2, CONTRACT NO. 32 LATERAL”. (Spring Storage Park Project) Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Project/Sewer (CPH) - POWER FEDERAL CREDIT UNION MORGAN ROAD PROJECT:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing, commencing at August 15th, 2005 commencing at 7:41 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 “POWER
FEDERAL CREDIT UNION SEWER DISTRICT" and for the construction and acquisition of a lateral sewer system therein to be designated and known as “POWER FEDERAL CREDIT UNION SEWER DISTRICT, CONTRACT NO. 1 LATERAL”.  (Power Federal Credit Union Morgan Road Project) Motion was seconded by Councilor Bray.

Councilor Edick recused himself from voting, as he sold property to the Power Federal Credit Union.

Ayes-6 and Noes-0. Carried.

Project/Drainage (CPH) - POWER FEDERAL CREDIT UNION MORGAN ROAD PROJECT:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing, commencing at August 15th, 2005 commencing at 7:44 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 “POWER FEDERAL CREDIT UNION DRAINAGE DISTRICT" and for the
construction and acquisition of a lateral sewer system therein to be designated and known as “POWER FEDERAL CREDIT UNION DRAINAGE DISTRICT, CONTRACT NO. 1 LATERAL”. (Power Federal Credit Union Morgan Road Project) Motion was seconded
by Councilor Bray.

Councilor Edick recused himself from voting, as he sold property to the Power Federal Credit Union.

Ayes-6 and Noes-0. Carried.

Procurement Policies and Procedures for the Town of Clay:

Councilor Rowley moved the adoption of a resolution approving the Procurement Policies and Procedures for the Town of Clay to meet the requirements of the General Municipal Law, Section 105-b of the State of New York. Said policies on file with the Town Clerk. Motion was
seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Bids - Three Rivers (Demolition of storage tanks):

Councilor Bray moved the adoption of a resolution authorizing the advertisement of bids for the DEMOLITION OF THE CIBRO SITE ASPHALT STORAGE TANKS AT THREE RIVERS. Said Bids to be received until August 11th, 2005 at 11:00 A.M., local time. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Certiorari - EMERSUB LXXII, INC.:

Councilor Rowley moved the adoption of a resolution authorizing the settlement of the EMERSUB LXXII, INC., vs. THE TOWN OF CLAY, ET AL certiorari actions for the tax years 2002/03 and 2003/04 reducing the assessment for premises located at 7600 Morgan Road (Tax Parcel No. 095.-02- 01.0) 2002 from $230,100.00 to $174,000.00; for 2003 from $230,100.00 to $152,663.00 and for 2005/06 an agreed upon assessment reflective of the $2,205,000.00 sale price. The estimated paybacks will be as follows: By the Town is
$6,024.84±; the County’s $7,499.63± and School District’s $41,759.84± and further authorizing the Town Attorney to execute the necessary Stipulation of Settlement and Order. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Sewer Lateral Connection:

Councilor Rycraft moved the adoption of a resolution authorizing a sewer lateral connection, pursuant to the written request of Onondaga Beverage Corp (the property owner), to a Town of Clay sanitary sewer for a new warehouse building to be located at 7655 Edgecomb Drive
(Tax Map No. 095.-02-11.2). 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 Woodard Sewer District. The owner further agrees to pay all annual Town and County charges thereafter. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Fire Hydrants/Project - The Hamlet Subdivision:

Councilor Rycraft moved the adoption of a resolution authorizing the installation of two (2) fire hydrants in the Euclid Water Supply District Extension No. 7 and authorizing the Supervisor to execute the OCWA fire hydrant application therefore. (The Hamlet Subdivision – Fire Hydrant Nos. 10889 and 10890) Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Appointment - Planning Board:

Councilor Ulatowski moved the adoption of a resolution appointing Casey Jordan as a member of the Planning Board. Said terms to expire December 31st, 2011. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Bond Resolution - Roofing Project (former Town Hall):

Councilor Ulatowski moved the adoption of a Bond Resolution in the amount of $145,000.00 for the ROOFING PROJECT AT THE FORMER CLAY TOWN HALL AND POLICE STATION AT 4483 STATE ROUTE 31. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Lighting (CPH) - CLAY CONSOLIDATED LIGHTING DISTRICT NO. 1:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing August 15th, 2005, commencing at 7:47 P.M., local time, to consider, on motion of the Town Board, the creation of a consolidated lighting district for overhead facilities within the Town of Clay to be
designated and known as “CLAY CONSOLIDATED LIGHTING DISTRICT NO. 1”. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Lighting (CPH) - CLAY CONSOLIDATED LIGHTING DISTRICT NO. 2:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing August 15th, 2005, commencing at 7:50 P.M., local time, to consider, on motion of the Town Board, the creation of a consolidated lighting district for underground facilities within the Town of Clay
to be designated and known as “CLAY CONSOLIDATED LIGHTING DISTRICT NO. 2”. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried. 

Agreement - CENTRAL NEW YORK REGIONAL PLANNING AND DEVELOPMENT BOARD:

Councilor Bray moved the adoption of a resolution approving the agreement between the Town of Clay and the CENTRAL NEW YORK REGIONAL PLANNING AND DEVELOPMENT BOARD on behalf of the SYRACUSE METROPOLITAN TRANSPORTATION COUNCIL with respect to a study regarding planning and land use and transportation needs for the area along State Route 31 in the Towns of Clay and Cicero and authorizing the Supervisor to execute same. The Town of Clay share of such cost shall not exceed the sum of $20,000.00. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Municipal Code (CPH) - Ordinance amending Chapter 152 entitled “NOISE”:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing August 15th, 2005, commencing at 7:53 P.M., local time, to consider proposed Ordinance amending Chapter 152 entitled “NOISE”, Section 152-4. Prohibited Noise, Paragraph H, by adding after …”7:00 a.m. and 7:00 p.m. weekdays, “ the words or between 8:00 a.m., and
5:00 p.m. on Saturday, except in the event …” to the Code of the Town of Clay. The purpose of this proposed ordinance amendment is to add the time for Saturdays to said Section 152-4.  Prohibited Noises, Paragraphs H. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 11:10 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.


Archived Minutes