August 15, 2005

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 15th of August, 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
John J. Marzocchi          Acting 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 July 18, 2005. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business:

None.

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

Councilor Rowley moved the adoption of a resolution that 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) 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 Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution denying 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 Rycraft.

Councilor Rowley noted that County Planning was not in favor of this zone change because of the close proximity to their easement and that he also had concerns regarding traffic.

The Supervisor said he felt additional driveways should be discouraged on highways.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption that 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) 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 Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution approving 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 Edick.

Councilor Bray commented that since the interior of the parcel backs up to marshland and further development is restricted, she will be voting in favor of this zone change request.

Ayes-7 and Noes-0. Unanimously carried.

Project/Drainage/Water (PH’s) - SPRING STORAGE PARK PROJECT:

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 “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); and

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

Aaron Falkenmeyer, of TDK Engineering and Associates, P.C., explained that they would like to develop this property by constructing a self-storage facility on this 11.5 acre parcel. For the drainage district, it is proposed to construct approximately 705 feet of storm sewers and
appurtenances and a storm water detention basin to service the Spring Storage Park. The facilities will be constructed by the developer and dedicated to the Town at no cost. Regarding the water district, which is an extension, it is proposed that the developer of Spring Storage Park
and the owner of the adjacent parcel, DSI Development, LLC construct approximately 750 linear feet of water main and appurtenances to serve both facilities. The facilities will be constructed in a joint effort and dedicated to the Town at no cost. Hydrants will be installed at the developers 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 hearings were closed.

Project/Sewer (PH’s) - POWER FEDERAL CREDIT UNION MORGAN ROAD PROJECT:

A public hearing 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); and 

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 “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) were opened by the Supervisor. Proofs of publications and postings were furnished by the Town Clerk.

Mark Weiss, the Landscape Architect representing the applicant, stated that this sewer lateral and drainage lateral will serve the Power Federal Credit Union on the corner of Morgan Road and Buckley Road. For the sewer district it is proposed that the owner construct approximately
280 lineal feet of sanitary sewer, to be dedicated to the Town at no cost. They will grant an easement and give an adjoining property (Hovey) an option to join the sewer. For drainage it is proposed to construct approximately 150 feet of storm sewer pipe to be constructed by the
owner and dedicated to the Town 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 hearings were closed.

Lighting (PH’s) - CLAY CONSOLIDATED LIGHTING DISTRICT NO. 1; and CLAY CONSOLIDATED LIGHTING DISTRICT NO. 2:

A public hearing 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”; and

a public hearing, 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” were opened by the Supervisor. Proofs of publications and postings were furnished by the Town Clerk.

The Supervisor explained that the Town is endeavoring to combine the present 89 lighting districts into two lighting districts, because Niagara Mohawk will no longer bill districts separately and so the Town is proposing consolidation.

John Shehadi, the Town Comptroller, explained that the proposal is to consolidate the present districts into two categories, overhead and underground. The Town will be going from an assessed value to a unit value.

Councilor Palmer said that at first he was concerned about increases, but that he met with Mr. Shehadi and adjustments were made. He feels this proposal is fair.

Councilor Rowley was also at the meeting with Mr. Shehadi and he said that he agrees with Councilor Palmer.

Dan Barnaba noted inequities concerning vacant lots being charged, that the developer is taxed before the lights are installed, and the Supervisor said the Town was looking into that.

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.

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

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

The Supervisor explained that under the present code a homeowner or a developer could not work on any kind of construction on a Saturday.

There was a brief discussion on decibels of noise allowed.

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 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. Adjourned to this date and time at the July 18th, 2005 meeting. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht read a letter from Christine Rahrle. (See attached Exhibit A) He also noted that he had received a number of comments on speeding traffic and that 20 tickets have since been issued by the police.

Dan Barnaba said he wanted to enlighten everyone on the density of this development.  Without the zone change he can build 44 homes with individual septic systems. With the zone change he could build 49 homes with individual septic systems or 65 homes with a community septic system. They would put in sewer lines to pump to the community septic system, so pipes would be in place if sewers were ever constructed. Under a community septic system they would charge the homeowners a fee and there would be a reserve fund for future costs. 

Councilor Ulatowski asked what would happen if there was a problem with the community septic system and Mr. Barnaba said the homeowners would not be able to use it for a short time, that there would have to be emergency repairs. Councilor Ulatowski then asked how far away the county sewer was and Mr. Barnaba said about a half a mile.

George Pickasiewicz voiced concerns regarding increasing traffic with the development of this land.

Keith Colella questioned run off of the septic to the wetlands and Mr. Barnaba said there would be a buffer area between the homes and the wetlands and that they would be complying to the standards.

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

Councilor Edick moved the adoption of a resolution adjourning the public hearing to September 19, 2005, to commence at 7:35 P.M. local time. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

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

Councilor Edick moved the adoption of a resolution pursuant to the written recommendation of the Town Engineers that the creation of a drainage district within the Town of Clay to be designated and known as “SPRING DRAINAGE DISTRICT” 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 Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Project/Drainage - SPRING STORAGE PARK PROJECT:

Councilor Edick moved the adoption of a resolution approving the creation of a drainage district within the Town of Clay to be designated and known as "SPRING DRAINAGE DISTRICT”. (Spring Storage Park Project). Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Project - SPRING STORAGE PARK PROJECT:

Councilor Edick 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 SPRING STORAGE PARK PROJECT (Spring Drainage District, Contract No. 1 Lateral
and Woodard Water District, Extension No. 2, Contract No. 32 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the
TIMBERVIEW FORESTRY MANAGEMENT, INC. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Ulatowski moved the adoption of a resolution pursuant to the written recommendation of the Town Engineers that the creation of a drainage district within the Town of Clay to be designated and known as “POWER FEDERAL CREDIT UNION DRAINAGE DISTRICT” 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 Palmer.

Ayes-6 and Noes-0, Councilor Edick abstaining, because he sold the Power Federal Credit Union some property. Carried.

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

Councilor Ulatowski moved the adoption of a resolution approving the creation of a sewer district within the Town of Clay to be designated and known as "POWER FEDERAL CREDIT UNION SEWER DISTRICT”. (Power Federal Credit Union Morgan Road Project). Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0, Councilor Edick abstaining, because he sold the Power Federal Credit Union some property. Carried.


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

Councilor Ulatowski moved the adoption of a resolution approving the creation of a drainage district within the Town of Clay to be designated and known as "POWER FEDERAL CREDIT UNION DRAINAGE DISTRICT). (Power Federal Credit Union Morgan Road Project). Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0, Councilor Edick abstaining, because he sold the Power Federal Credit Union some property. Carried.

Project - POWER FEDERAL CREDIT UNION MORGAN ROAD PROJECT:

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 POWER FEDERAL CREDIT UNION MORGAN ROAD PROJECT (Power Federal
Credit Union Sewer District, Contract No. 1 Lateral and Power Federal Credit Union Drainage District, Contract No. 1 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the POWER FEDERAL CREDIT
UNION. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0, Councilor Edick abstaining, because he sold the Power Federal Credit Union some property. Carried.

Lighting - CLAY CONSOLIDATED LIGHTING DISTRICT NO. 1:

Councilor Bray moved the adoption of a resolution approving the creation of a consolidated lighting district for overhead facilities, as shown on Exhibit “A”, within the Town of Clay to be designated and known as “CLAY CONSOLIDATED LIGHTING DISTRICT NO. 1”.  This resolution is subject to permissive referendum. (Exhibit “A” is on file in the Town Clerk’s Office.) Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Lighting - CLAY CONSOLIDATED LIGHTING DISTRICT NO. 2:

Councilor Bray moved the adoption of a resolution approving the creation of a consolidated lighting district for underground facilities, as shown on Exhibit “A”, within the Town of Clay to be designated and known as “CLAY CONSOLIDATED LIGHTING DISTRICT NO.
2”. This resolution is subject to permissive referendum. (Exhibit “A” is on file in the Town Clerk’s Office.) Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution approving amendment of Ordinance 2005-01 amending Chapter 152, 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. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution pursuant to the written recommendation of the Town Engineers that 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 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) is a type 1 action with a completed EAF and involves other permit granting
agencies outside the Town and that the Town Board proposes that without dissent from another agency that the lead agency designated will be the Town Board of the Town of Clay.  Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Authorization/Personnel - Retirement and Social Security Law:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to initiate efforts to effect a legislative change to Section 384-d of the Retirement and Social Security Law of the State of New York. This motion also authorizes the Town to pay all employer related
costs associated with this action, including the required retroactive funding of the account for Officer Donald Shaver as of February 1st, 2006. The legislation, when drafted and enacted, will effect only Officer Donald Shaver who was formerly a part-time employee of the Town and has been a full time employee for more than ten (10) years”. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Purchase/Highway - (2 Plow/Dump Trucks):

Councilor Ulatowski moved the adoption of a resolution approving and authorizing the purchase under NYSOGS Contract Award 2005, Contract No. PC60770, Item 3, of TWO (2) 2006 STERLING LT9500 TANDEM AXLE PLOW/DUMP TRUCKS FOR USE BY
THE HIGHWAY DEPARTMENT, for a sum not to exceed $242,000.00. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Bond Resolution - (2 Plow/Dump Trucks):

Councilor Ulatowski moved the adoption of a Bond Resolution in the amount of $242,000.00 FOR THE PURCHASE OF TWO (2) 2006 STERLING LT9500 TANDEM AXLE PLOW/DUMP TRUCKS FOR USE BY THE HIGHWAY DEPARTMENT. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Sewer Easement (abandonment) - Fisher’s Landing, Tract Section No. 1, Lot No. 26:

Councilor Edick moved the adoption of a resolution approving the abandonment of 5 ft in width from an existing sanitary sewer easement located on the west side of property known as 7758 Japine Drive as shown on a map of Fisher’s Landing, Tract Section No. 1, Lot No.
26, prepared by Alfred N. Ianuzi, Jr. dated August 11, 1989 and filed in the Onondaga County Clerk’s Office as Map No. 6855 to Leonard S. and Angela M. Del Vecchio, and further authorizing the Supervisor to execute the necessary instrument therefore. Contingent upon
approval by the Town Engineers and as to form and content by the Town Attorney. The water easement is owned by OCWA and is a private matter between Edna Palmer, the Del Vecchio’s
and OCWA. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Drainage Easement (abandonment) - Country Meadow Tract, Section C, Lot No. 84:

Councilor Bray moved the adoption of a resolution approving the abandonment of a 20 ft. wide drainage easement located on the west side of property known as 8275 Wheatberry Way as shown on a map of Country Meadow Tract, Section C, Lot No. 84, prepared by Alfred
N. Ianuzi, Jr. dated May 10, 1999, filed in the Onondaga County Clerk’s Office as Map No. 8529 to Steven and Heather Wilson, and authorizing the Supervisor to execute the necessary instrument therefore. Contingent upon approval by the Town Engineers and as to form and
content by the Town Attorney. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Project (Final Plans) - SPRING STORAGE PARK PROJECT:

Councilor Edick moved the adoption of a resolution approving the Final Plans for the SPRING STORAGE PARK PROJECT ((Spring Drainage District, Contract No. 1 Lateral and Woodard Water District, Extension No. 2, Contract No. 32 Lateral) and authorizing the
Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Project (Final Plans) - POWER FEDERAL CREDIT UNION MORGAN ROAD PROJECT:

Councilor Ulatowski moved the adoption of a resolution approving the Final Plans for the POWER FEDERAL CREDIT UNION MORGAN ROAD PROJECT (Power Federal Credit Union Sewer District, Contract No. 1 Lateral and Power Federal Credit Union Drainage
District, Contract No. 1 Lateral) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0, Councilor Edick abstaining, because he sold the Power Federal Credit Union some property. Carried.

Unsafe Buildings - 4822 Glencrest Avenue & 4717 Wetzel Road:

Councilor Palmer moved the adoption of a resolution authorizing the Town Supervisor to take action on behalf of the Town of Clay in Supreme Court to enforce Chapter 86 Unsafe Buildings, Section 86-9, for an order to determine that the buildings are a public nuisance and
directing that they should be repaired or removed with respect to 4822 Glencrest Avenue and 4717 Wetzel Road. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Project - ALLEN ROAD OFFICE PARK:

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 the ALLEN ROAD OFFICE PARK (Allen Road Sewer District,
Contract No. 27 Lateral and Allen Road Drainage District, 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 contingent upon the developer posting $6,300.00 maintenance guarantee as well as paying any and all outstanding and future legal, engineering and administrative fees incurred and further having complied with all the requirements set forth in
an Agreement between the Town of Clay and further HAFNER’S DEVELOPER’S, INC., MICHAEL J. HAFNER and MARCIA A. HAFNER, that the Town of Clay accept title to such facilities. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Easement - ALLEN ROAD OFFICE PARK:

Councilor Ulatowski moved the adoption of a resolution accepting an easement for the drainage and sewer facilities located within ALLEN ROAD OFFICE PARK PROJECT from HAFNER’S DEVELOPER’S INC. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Securities (release re: drainage & sewer)/Project - HAFNER’S LANDING SUBDIVISION:

No action taken.

Securities (release)/Project - HAFNER’S LANDING SUBDIVISION:

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation of the Superintendent of Highway, authorizing the release of 50% of the original amount posted for Highway Construction Guarantee by OOT BROS., INC. CORPORATION for
HAFNER’S LANDING SUBDIVISION (Hafner’s Landing Street – 740 lf). Gravel, gutters and binder are in place in accordance with Town Highway Specifications. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Securities/Project - DELL CENTER SECTION NO. 3 – KOHL’S LOT NO. 9 PROJECT: 

Councilor Ulatowski moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of the remaining $25,000.00 security posted for the repair and maintenance of Clay Shopping Center Drainage District, Contract No. 2 Lateral, located within DELL CENTER SECTION NO. 3 – KOHL’S LOT NO. 9 PROJECT. (Clay Shopping Center) Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Fire Hydrants - Allen Road Office Park:

Councilor Bray moved the adoption of a resolution authorizing the installation of two (2) fire hydrants in the Fay Road Water Supply District and authorizing the Supervisor to execute the OCWA fire hydrant application (Fay Road Water Supply District - Fire Hydrant Nos. 10639 and 10641 – Allen Road Office Park). Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried.

Fire Hydrant - Chuck Hafner’s Garden Center:

Councilor Bray moved the adoption of a resolution authorizing the installation of a fire hydrant in the Fay Road Water Supply District and authorizing the Supervisor to execute the OCWA fire hydrant application (Fay Road Water Supply District - Fire Hydrant No.10897 – Chuck Hafner’s Garden Center). Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Lighting - Villages at Fairway East:

Councilor Rowley moved the adoption of a resolution authorizing the installation of twenty-four (24) 100 watt high-pressure sodium fixtures mounted on 12' fiberglass embedded poles using 100-watt Granville fixtures for illuminating GREEN RIVER WAY, GABION WAY
and TRELLIS BROOK LANE in the VILLAGES AT FAIRWAY EAST at an annual estimated cost of $5,841.36 to be charged to the FAIRWAY LIGHTING DISTRICT, EXTENSION NO. 3. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Bid Advertisements/Clay Refuse Districts No. 1, 2, 3, 4, 5, 6, 7 & 8 (CPH’s):

Councilor Palmer moved the adoption of a resolution authorizing the advertisement of bids for THE COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 1 within the Town of Clay. Said Bids to be received until September 6th, 2005, at 11:00 A.M., local time. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Palmer moved the adoption of a resolution authorizing the advertisement of bids for THE COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 2 within the Town of Clay. Said Bids to be received until September 6th, 2005, at 11:00 A.M., local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Palmer moved the adoption of a resolution authorizing the advertisement of bids for THE COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 3 within the Town of Clay. Said Bids to be received until September 6th, 2005, at 11:00 A.M., local time. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Palmer moved the adoption of a resolution authorizing the advertisement of bids for THE COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 4 within the Town of Clay. Said Bids to be received until September 6th, 2005, at 11:00 A.M., local time. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Palmer moved the adoption of a resolution authorizing the advertisement of bids for THE COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 5 (INCLUDING CLAIRMONT-FOUR SEASONS REFUSE DISTRICT) within the Town of Clay. Said Bids to be received until September 6th, 2005, at 11:00 A.M., local time. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Palmer moved the adoption of a resolution authorizing the advertisement of bids for THE COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 6 within the Town of Clay. Said Bids to be received until September 6th, 2005, at 11:00 A.M., local time. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Palmer moved the adoption of a resolution authorizing the advertisement of bids for THE COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 7 within the Town of Clay. Said Bids to be received until September 6th, 2005, at 11:00 A.M., local time. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Palmer moved the adoption of a resolution authorizing the advertisement of bids for THE COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 8 (INCLUDING POMPTON KNOLLS REFUSE DISTRICT) within the Town of Clay. Said Bids to be received until September 6th, 2005, at 11:00 A.M., local time. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Zone change (CPH) - Town Board Case #924 - GROUP ONE DEVELOPMENT, LLC, JOHN and LONA JEROME, HUGH and KATHLEEN HAWTHORNE and HELEN SOTHERDEN:

Councilor Rycraft moved the adoption of a resolution calling a public hearing September 7th, 2005, commencing at 7:35 P.M., local time, to consider the application of GROUP ONE DEVELOPMENT, LLC, JOHN and LONA JEROME, HUGH and KATHLEEN HAWTHORNE and HELEN SOTHERDEN for a change of zone from Residential Agricultural (RA-100) District to One-Family Residential (R-15) District on property located near 8363 and 8391 Caughdenoy Road, west side, consisting of 50.14 ± acres, (Tax Map Nos. 063.-01-37.0 and 074.-01-01.0). Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Special Permit - Town Board Case #896 - OMNIPOINT COMMUNICATIONS, d/b/a T-MOBIL and BAYBERRY PLAZA:

Councilor Palmer moved the adoption of a resolution calling a public hearing September 7th, 2005, commencing at 7:38 P.M., local time, to consider a Petition for a PUBLIC UTILITY SPECIAL PERMIT, pursuant to Clay Code Section 230-39, of OMNIPOINT COMMUNICATIONS, d/b/a T-MOBIL and BAYBERRY PLAZA, a New York General Partnership, for the purpose of erecting a telecommunications tower on a portion of premises located at 7608 Oswego Road, (part of Tax Map No. 094.-01-8.1). Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Special Permit - Town Board Case #922 - OMNIPOINT COMMUNICATIONS, d/b/a T-MOBIL USA, SBA PROPERTIES, INC. and MICAT, LLC.: 

Councilor Rycraft moved the adoption of a resolution calling a public hearing September 7th, 2005, commencing at 7:41 P.M., local time, to consider a Petition for a PUBLIC UTILITY SPECIAL PERMIT, pursuant to Clay Code Section 230-39, of OMNIPOINT
COMMUNICATIONS, INC., d/b/a T-MOBIL USA, SBA PROPERTIES, INC., and MICAT, LLC, for the purpose of erecting a 120’ telecommunications tower on a portion of premises located at 7767 Oswego Road, (being part of Tax Map No. 085.-01-4.1). Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Special Permit - Town Board Case #923 - SAM’S EAST, INC.:

Councilor Edick moved the adoption of a resolution calling a public hearing September 7th, 2005, commencing at 7:44 P.M., local time to consider the application of SAM’S EAST, INC. for a SPECIAL PERMIT for the construction of a gasoline fueling facility with canopy,
service building, and related site improvements at Sam’s Club on property located at 3895 Route 31 on Laser Drive, (part of Tax Map No. 021.-01-03.3). Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Special Permit - Town Board Case #925 - DR. JUAN SOTOMAYOR:

Councilor Bray moved the adoption of a resolution calling a public hearing September 7th, 2005, commencing at 7:47 P.M., local time to consider the application of DR. JUAN SOTOMAYOR for a SPECIAL PERMIT to operate a medical office in an O-2 Office Zone, on 1.32 acres, as described on a map by LJR Engineering, titled Allergy and Asthma Diagnostic Office Site Plan, dated July 21, 2005 to be located at Allen Road Office Park, Lot 1, southeast corner of Allen Road and Hester Avenue, (part of Tax Map No. 112.-06-13.3). Motion was
seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Traffic & Vehicles (Stop Signs) - COACHMAN’S CROSSING TRACT, SECTION NO. 5:

Councilor Ulatowski moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board, calling a public hearing September 7th, 2005 commencing at 7:50 P.M., local time, to consider amendment of
Chapter 211 entitled Traffic & Vehicles Ordinance, Section 211-12 Stop Intersections, Schedule IX, Stop Intersections, (Section 211-42) of the Town of Clay Code, to designate and provide for STOP SIGNS within the COACHMAN’S CROSSING TRACT, SECTION NO. 5 at the following locations: at the southeast corner of Lot 972, where
MEDASANO CIRCLE heads south to meet MEDASANO CIRCLE and at the northeast corner of Lot 994, where MEDASANO CIRCLE meets STEARNS ROAD and for the installation of all the necessary signs therefore. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Traffic & Vehicles (Stop Signs) - COUNTRY MEADOW TRACT, SECTION “D”:

Councilor Edick moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Town of Clay Planning Board, calling a public hearing September 7th, 2005, commencing at 7:53 P.M., local time, to consider amendment of
Chapter 211 entitled Traffic & Vehicles Ordinance, Section 211-12 Stop Intersections, Schedule IX, Stop Intersections, (Section 211-42) of the Town of Clay Code, to designate and provide to designate and provide for STOP SIGNS within the COUNTRY MEADOW
TRACT, SECTION “D” at the following locations: at the southwest corner of Lot 107, where WHEATBURY WAY meets JUSTIN DRIVE; at the northwest corner of Lot 94, where OLD BARN ROAD meets WHEATBURY WAY; and one at each end of OAK BROWN and for the installation of all the necessary signs therefore. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Code/Local Law No. 2 of the Year 2005 - Temporary Moratorium:

Councilor Bray moved the adoption of a resolution approving 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. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Unanimously carried..

Bid Award - Demolition of the Cibro Site Asphalt Storage Tanks at Three Rivers:

No action taken.

Adjournment:

The meeting was adjourned at 9:50 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.

Archived Minutes