October 17, 2005

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 17th 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
Damian M. Ulatowski      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

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 October 3, 2005. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business:

Supervisor Rupprecht announced that the new zoning ordinance that was recently adopted by the Town, earned an award. The New York State Planning Agency presented the Pomeroy Award for Zoning Achievement to the Town. The Supervisor and Councilor Bray accepted
it from the Planning Federation at a recent Planning Conference. Supervisor Rupprecht thanked Councilor Bray for all her work regarding the new ordinance. Councilor Bray thanked all those who came to the meetings they had regarding the rewrite, and the committee whose dedication made it possible. It took over six years to accomplish the enormous task and bring this new ordinance to fruition.

A number of residents presented a petition to the Town regarding a neighbor who is abusive to them and their children as well as his own family. They would like the Town to help them through legislation or enforcement and resolve their many issues i.e. garbage, trailer, abusive
language and threats. Supervisor Rupprecht said that he would meet with the Town’s Police Commissioner, the Animal Control Officer and the SPCA, and get back to them. The head of the homeowner’s group suggested that the Supervisor come to one of their meetings and advise
them as to what they can do to help. Councilor Rowley said he would also like to attend their meeting. 

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

No action taken.

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

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

Ayes-7 and Noes-0. Unanimously carried. 

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

Councilor Rowley moved the adoption of a resolution that the Petition of OMNIPOINT COMMUNICATIONS, INC., d/b/a T-MOBILE USA, SBA PROPERTIES, INC., and MICAT, LLC, for a PUBLIC UTILITY SPECIAL PERMIT, pursuant to Clay Code Section 230-39, for the purpose of erecting a 115’ telecommunications tower on a portion of premises located at 7767 Oswego Road, (being part of Tax Map No. 085.-01-4.1), 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. (The recommendation by the Commissioner of Planning & Development is that said project does not require the preparation of an EIS.) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution approving the Petition application of OMNIPOINT COMMUNICATIONS, INC., d/b/a T-MOBILE USA, SBA PROPERTIES, INC., and MICAT, LLC, for a PUBLIC UTILITY SPECIAL PERMIT, pursuant to Clay Code Section 230-39, for the purpose of erecting a 115’ telecommunications tower on a portion of premises located at 7767 Oswego Road, (being part of Tax Map No. 085.-01-4.1). The Town shall require a bond for removal of the tower upon obsolescence or
disrepair. The Board formally requests the Planning Board to determine the following issues at its next regularly scheduled meeting on October 26, 2005: 1.} Fence type and height; 2.} Stealth technology to be used incorporating an evergreen design; and 3.} Building appurtenances. Motion was seconded by Councilor Ulatowski.

Councilor Rycraft felt the height of the tower was not appropriate for this area and that the Town Board should decide what it looks like.

Ayes-6 and Noes-1, Councilor Rycraft voting no. Carried.

Budget - TENTATIVE TOWN BUDGET 2006:

Informational hearing to consider the TENTATIVE BUDGET FOR THE TOWN OF CLAY FOR THE YEAR 2006. 

The Supervisor explained that at the first meeting in October the Supervisor presents his budget. During the month, the Town Board members review it. He gave a brief overview, stating at this point a $100,000 home will have a tax increase of $25.00. The budget is a
combined total of three funds, General, General-Outside Village, and Highway-Outside Village. The portion of the Village of North Syracuse that is in the Town, does not pay Highway tax.  On a $100,000 home Clay’s tax is currently $245.08, in Cicero the tax would be $408.31, in
DeWitt the tax would be $458.97 and in Camillus the tax would be $728.76. The Town does not have to budget for elections next year and that cost will be removed from the budget. If there are no other changes this will reduce the tax from the $25.00 to $16.00 on a house assessed at $100,000. There will be no new programming or employees for the next year. Fuel costs will be an additional $70,000, there’s a proposed 3% salary increase for employees, and employee benefits are going up $175,000. 

Several residents had questions regarding taxes and why Onondaga County pays higher taxes. Councilor Edick pointed out that southern states don’t have snow, nor the repairs to roads that such weather in the north causes. Plowing and weather related damage up heaving of the road’s surface is an additional expense.

Councilor Rowley moved the adoption of a resolution amending the Tentative Budget as follows: Fund A - Reduce A1450.4 from $63,365 to $13,365 thereby decreasing total appropriations ($50,000) from $3,894,407 to $3,844,407; increasing the unexpended fund balance by $15,567 from $1,973,810 to $1,989,377 and decreasing the amount to be raised by tax $65,567 from $395,589 to $330,022 and Fund B - Increase unexpended fund balance $95,000 from $124,170 to $219,170 and decreasing the amount to be raised by tax ($95,000.) from $2,081,690 to $1,986,690. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

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

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

Charles Falgiatano, the attorney representing the applicant, stated that the parcel is on the southeast corner of Wetzel Road and Morgan Road. They would like to build a gas station/convenience store.

Councilor Edick asked for the size of the building and Mr. Falgaitano said 4,000 square feet. 

Supervisor Rupprecht asked if there would be a unified use of the two zones they are requesting and Mr. Falgiatano said they would seek a unified use. They have no plans for the HC-1, but they feel it would be a great buffer to the Industrial zone.

Merle Melvin stated that he owned the land next to this parcel and that he has no objection to the zone change.

Janet Rathburn said she didn’t think the town should set a precedent by re-zoning an Industrial District.

Russ Mitchell said it didn’t make much sense to him to put a gas station/convenience store there, especially because of traffic and the fact that it would be close to the schools.

Councilor Edick commented that if it did get approved he would suggest a turning lane on Morgan Road.

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

Councilor Rowley moved the adoption of a resolution adjourning this public hearing to November 7, 2005 to commence at 7:50 P.M. local time. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Town Property/Former Town Hall and Police Station Roofing Project - Change Order No. 003:

Councilor Edick moved the adoption of a resolution approving Change Order No. 003, increasing the Former Town Hall and Police Station Roofing Project cost by $2,889.00 bringing the total to $160,114.00. This modification is necessary because one roof drain needed to be replaced and 21 sheets of plywood needed to be replaced on the Town Highway Garage Roof. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried. 

Contract/Snow Removal:

Councilor Ulatowski moved the adoption of a resolution approving amendment of the SNOW REMOVAL CONTRACT with the COUNTY OF ONONDAGA to include plowing of MUD MILL ROAD (EXTENSION) – 1.26 miles, which for the 2005-2006 winter season would be an increase of $4,800.00 per mile to the Town of Clay and further authorizing the Supervisor to execute same. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Appointment - VOLUNTEER FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving the appointment of DONALD G. MORRELL, JR. as a volunteer member of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Bray moved the adoption of a resolution, pursuant to the written recommendation of the Superintendent of Highway, authorizing the release of 75% of the original amount posted for Highway Construction Guarantee by OOT BROS., INC. for HAFNER’S
LANDING TRACT (Hafner’s Landing Street, 740 lf). Gravel, gutters, binder and top are in place in accordance with Town Highway Specifications. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Onondaga County Empire Zone:

Councilor Ulatowski moved the adoption of a resolution supporting and concurring with the Onondaga County Empire Zone Revision Application to include 4530 Steelway Boulevard South all as shown on a formal resolution that will be on file in the Town Clerk’s Office. 
Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Budget - PRELIMINARY BUDGET 2006:

Councilor Rowley moved the adoption of a resolution approving the TENTATIVE BUDGET, as modified, for the Town of Clay for the Year 2006 as the TOWN OF CLAY PRELIMINARY BUDGET for the fiscal year commencing January 1st, 2006. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Budget - SPECIAL DISTRICTS BUDGET 2006:

Councilor Rowley moved the adoption of a resolution calling a public hearing November 7th, 2005, commencing a 7:35 P.M., local time, to consider the adoption of the proposed 2006 Special Districts Budget for the Town of Clay. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Budget - FIRE BUDGET 2006:

Councilor Rowley moved the adoption of a resolution calling a public hearing November 7th, 2005, commencing a 7:38 P.M., local time, to consider the adoption of the proposed 2006 Fire Budget for the Town of Clay. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Budget - UNIFORM WATER BUDGET 2006:

Councilor Edick moved the adoption of a resolution calling a public hearing November 7th, 2005, commencing a 7:41 P.M., local time, to consider the adoption of the proposed 2006 Uniform Water Budget for the Town of Clay. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Budget - PRELIMINARY BUDGET 2006:

Councilor Rowley moved the adoption of a resolution calling a public hearing November 7th, 2005, commencing a 7:44 P.M., local time, to consider the adoption of the proposed 2006 Preliminary Budget for the Town of Clay, as the annual budget. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Relocation of Car Dealerships (PH):

Councilor Ulatowski moved the adoption of a resolution calling a public hearing November 7th, 2005, commencing at 7:47 P.M., local time, to solicit comments regarding the relocation of BURDICK BMW from 3904 Brewerton Road, BURDICK LEXUS from 3819 Brewerton Road and BURDICK TOYOTA from 3904 Brewerton Road to Driver’s Village located at 5885 East Circle Dive, Cicero, New York, pursuant to General Municipal Law, Article 18-B, Section 959 (a)(iii) into the Onondaga County Empire Zone. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Local Waterfront Revitalization Program Grant and Study:

Councilor Bray moved the adoption of a resolution that the application and subsequent actions of the Town of Clay with regard to the Local Waterfront Revitalization Program Grant and Study is a Type 1 action with a completed EAF (long form) involves (among other involved agencies) the offices of the New York State Secretary of State, the New York State Department of Environmental Conservation and the New York State Canal Corporation, 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. (It is noted the Town of Clay is the recipient of a prestigious LWRP grant in the amount of $50,000.00 to be used for the study.)  Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

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










Archived Minutes