October 3, 2005

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 3rd of October, 2005 at 7:30 P.M., there were:

PRESENT:
Mark Rupprecht            Supervisor
James Rowley               Councilor/Deputy Supervisor
Clarence A. Rycraft       Councilor
Naomi Bray                   Councilor
Robert L. Edick             Councilor
William C. Weaver         Councilor
Vivian I. Mason              Town Clerk
David Tessier                 Commissioner of Planning & Development
Robert Germain             Town Attorney
Doug Wickman              Town Engineer

ABSENT:
Damian M. Ulatowski     Councilor

The meeting was called to order by Supervisor Rupprecht at 7:30 P.M. All present joined in the Pledge of Allegiance.

Approval of Minutes:

Councilor Edick moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on September 19, 2005. Motion was seconded by Councilor Rowley.

Ayes-4, Noes-0 and abstentions-2 (The Supervisor and Councilor Edick absent at last meeting). Carried.

Correspondence/Other Business:

The Town Clerk presented the 2006 TOWN OF CLAY TENTATIVE BUDGET to the Town Board members, pursuant to Town Law.

Supervisor Rupprecht made a few comments regarding the 2006 Town Budget. This budget proposes a $24.50 tax increase for each assessed $100,000, but he expects after it is reviewed by the Board it will go down. He gave the following example of Town taxes, based on a home
assessed at $100,000, comparing Clay to three other towns in the vicinity: Clay $245.08, Cicero $568.54, DeWitt $S654.08, and Camillus $728.76.


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

Councilor Rowley moved the adoption of a resolution pursuant to the written recommendation of the Town Engineers that 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), 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 Bray.

Ayes-6 and Noes-0. Carried. 

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

No action taken, due to a Type 1 action a thirty day comment period applies.

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

Councilor Rowley moved the adoption of a resolution denying 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). Motion was seconded by Councilor Edick.

Supervisor Rupprecht said he thought the developer’s request was reasonable and would be voting against denial.

Ayes-5 and Noes-1. Carried.


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

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

A public hearing, to consider a Petition for a PUBLIC UTILITY SPECIAL PERMIT, pursuant to Clay Code Section 230-39, of OMNIPOINT COMMUNICATIONS, d/b/a T- MOBILE 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); and a public hearing 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-MOBILE 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) were opened by the Supervisor. Proof of
publications and postings were furnished by the Town Clerk. (Both public hearings adjourned to this date and time at the September 7th, 2005 Town Board Meeting.) 

Jeff Davis, the attorney representing the applicant gave a brief overview of what has transpired to date. They reviewed twenty-seven possible sites and they were either out of range to cover the gap that they need covered or the property could not be leased. At the Board’s request, they did another balloon test for the 7767 Oswego Road site, and did a slide show showing what each design would look like from different areas of the Town. The options are a mono pine stealth design, the height 110 feet, with an additional five feet that would be the top of the
mono pine; or a flag pole design, or the usual mono pole design with arrays. He added that the Planning Board recommends a mono pine stealth design. If approved by the Town Board, they still need to go through DEC approval. They would send out letters regarding the 30 day waiting period that is required.

Councilor Edick asked if the pine design would handle 70 mph winds and Attorney Davis said yes. Councilor Edick then asked who would be responsible for maintenance and Attorney Davis said that SBA would maintain it.

Councilor Rycraft asked repeatedly whether they could go lower than 110 feet and Mike Crosby of SBA said they could not.

Anthony Stetes said he didn’t feel the five feet for the topper of a mono pine design pole would mean much of a difference. He noted that he didn’t feel that T-Mobile would put so much time and effort into their request if it was not worthwhile.

Supervisor Rupprecht said he felt the mono pole would be the least obtrusive.

Attorney Davis said they would be doing a cad drawing of the mono pine and would send it to the Board.

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.

Fire Hydrants/Project - Lawton Valley Hunt, Section Nos. 12 and 13:

Councilor Edick moved the adoption of a resolution approving the installation of seven (7) fire hydrants in the Lawton Valley Hunt Water Supply District and authorizing the Supervisor to execute the OCWA fire hydrant application therefore. (Lawton Valley Hunt, Section Nos. 12
and 13 –– Fire Hydrant Nos. 10914 through 10920). Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Appointments - MOYERS CORNERS FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving the appointment of GERROD SPEER – STATION NO. 1, JEREMY DUTSCHKE – STATION NO. 2 and MICHAEL BRACIZZEWSLO and MATTHEW KOWALESKI – STATION NO. 3, as volunteer members of the MOYERS CORNERS FIRE DEPARTMENT, INC. 
Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Authorization - New York State Office of Children & Family Services:

Councilor Edick moved the adoption of a resolution authorizing application for 2004 funding for New York State Office of Children & Family Services (formerly NYS Division for Youth), which includes the Town of Clay Recreation Department in the amount of $17,914.00
and the Clay Police Department in the amount of $16,055.00. Total State aid requested would be $33,969.00, and further authorizing the Supervisor to apply for and execute a State Aid Voucher for the year 2005. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Change Order: Former Town Hall and Police Station Roofing Project:

Councilor Edick moved the adoption of a resolution approving Change Order No. 001, to decrease the cost of the Former Town Hall and Police Station Roofing Project from $144,700 to $144,275, a reduction of $425. This modification was recommended to reduce asbestos handling by cleaning the drains instead of replacing them. It also includes the addition of metal plates over a section of corroded deck. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Change Order: Former Town Hall and Police Station Roofing Project:

Councilor Edick moved the adoption of a resolution approving Change Order No. 002, increasing the Former Town Hall and Police Station Roofing project cost by $12,950, bringing the total to $157,225. This modification is recommended to expand this contract to include re-roofing of a portion of the existing Town Highway Garage that has been found to be in very poor condition. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Tentative Budget for the Town of Clay for the Year 2006 (CIH):

Councilor Rowley moved the adoption of a resolution calling an informational hearing October 17th, 2005, commencing at 7:35 P.M., local time, to consider the TENTATIVE BUDGET FOR THE TOWN OF CLAY FOR THE YEAR 2006. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #926 -ROBIN DEVELOPMENT, INC., I and LAMJAK REALTY COMPANY, INC.:

Councilor Rowley moved the adoption of a resolution calling a public hearing October 17th, 2005, commencing 7:38 P.M., local time, to consider the application of ROBIN DEVELOPMENT, INC., I and LAMJAK REALTY COMPANY, INC., for a change of zone on a part of a 12.2 acres parcel, from Industrial (I-1)District, to, Limited Use (LuC-1) District for Gasoline Services - (2.5 acres), and from Industrial 1 (I-1) District to Highway Commercial (HC-1) District - (4.5 Acres) located at the southeast corner of Morgan and Wetzel Roads, ( part of Tax Map No. 087.-01-01.0). Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Service Award Program - Referendum:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to enter into a contract amending the Defined Benefit Service Award Program for the volunteer firefighters of the Clay Volunteer Fire Department, Inc. and Moyers Corners Fire Department, Inc., amending the combined annual cost to be not in excess of $190,080.40, based on the existing number of firefighters, and stating the annual administrative fee shall not exceed $5,596.00; the estimated annual cost per firefighter shall range from $1,557.40 for a twenty-five year old (Clay) firefighter and twenty-two year old (Moyers Corners) firefighter to $5,147.80 for a fifty-nine year old (Clay) firefighter and sixty-one year old (Moyers Corners) firefighter, the projected monthly award to be $20.00 per year of active service; and stating that each eligible participant shall receive credit for up to five (5) qualified years of active firefighting service prior
to the establishment of the Service Award Program; stating that each eligible participant shall be credited for years of active firefighting service for periods after an active volunteer firefighter has reached the entitlement age and is receiving a service award; stating the payment of the benefit shall be in the form of a life annuity with 120 guaranteed payments; stating that regular defined benefit award payments to be authorized to commence one year thereafter; and death and disability payments are to be authorized to commence upon the date of establishment of the Service Award Program, and appropriating said amount therefore, be approved. If said referendum, which will be on the ballot November 8, 2005, is defeated the existing program would continue. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Purchase of Land - Black Creek Road:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to execute a “Contract to Purchase” the real property located on Black Creek Road in the Town of Clay known as Map No. 036-02-04.2 owned by Muriel Prianti for a sum not to exceed $60,000.00 plus closing costs. Said property encompasses approximately 9.77 acres of land and it is located adjacent to the recently purchased Town land located on Black Creek Road. Motion was seconded by Supervisor Rupprecht.

Ayes-6 and Noes-0. Carried.

Appointment - Zoning Board of Appeals:

Councilor Bray moved the adoption of a resolution appointing Harold Henty to the Zoning Board of Appeals, to fill the unexpired term of Joseph Dulin. Term to expire December 31. 2009. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:13 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-6 and Noes-0. Carried.

Archived Minutes