December 5, 2005

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 5th of December, 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
Cindy Heid Assistant     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 November 21, 2005. Motion was seconded by Councilor
Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business:

Supervisor Rupprecht welcomed Boy Scout Troop 92 and encouraged them to raise their hands if they had any questions.

Special Permit (PH) - Town Board Case #931 - COLONIAL VILLAGE L.L.C.:

A public hearing to consider an application made by COLONIAL VILLAGE L.L.C. for a Town Board Special Permit to operate a Bank with Drive-In Service and possibly a Medical Office and associated parking, landscaping and site improvements in the proposed
Colonial Village Office Park with four buildings, located at the southeast corner of Oswego Road and Provo Drive, Tax Map No. 067.-01-01.3. (Owner is Helen Provo) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Bill Adams, President of Adams Properties explained that he has teamed up with Lou Izzo, President of Hunt Realty and they would like to build a professional center consisting of four buildings. The parcel consists of approximately five acres on the southeast corner of Route 57 and Provo Drive. It is proposed that one of the buildings will be a bank, and one would be a medical non client office building. The bank will be all natural  stone with a clock tower. The architecture will be old style, such as Federal, Georgian Colonial and New England Colonial.  There will be retention ponds. Traffic patterns have also been taken into consideration.

Councilor Edick asked if the trees would remain and Mr. Admas said they would. There is a berm, plus they plan on planting eight foot blue spruce to shield the office park. Councilor Edick also asked about parking and Mr. Adams said they meet the requirements.

Councilor Rowley inquired about the right in only on Route 57, and Mr. Adams said they were trying to keep it as simple as possible. He added that signage will meet requirements and each building will have its name on it. Lighting will be muted. They are amenable as to whatever
the Town wants. They will do landscaping and put in the appropriate plantings. They are willing to do what is best for the community.

Councilor Rycraft asked what the other buildings would look like and Mr. Adams said some will be stone or brick on the front, some will have the stone of brick up to the windows on the other three sides and hardy board siding above the stone or brick.

Councilor Bray asked about the bank hours and the medical hours and Mr. Adams said they should be the normal hours.

Supervisor Rupprecht said the Town received a letter of opposition to the drive through ATM and perhaps a motion sensitive light would be a sensible solution. Mr. Adams agreed that a motion sensitive light and low glare lights could be installed. He added that ATM would be buffered by the other building, as it will be on the back of the bank between the bank itself and one of the office buildings.

A discussion evolved with regard to traffic exiting onto Provo Drive. Supervisor Rupprecht asked if they would be opposed to a right in right out ingress/egress off Route 57 as he felt that would create less traffic onto Provo Drive. He noted the Onondaga County Planning Board’s
recommendations regarding traffic, access from Route 57, the lining up of their driveway onto Provo Drive with the adjacent property across Provo Drive, and lighting.

Councilor Rowley asked what plans they had for dumpsters and Mr. Adams said there would be four bins, and that they would be along the buffer area. They would be wooden with swinging gates.

Councilor Bray voiced her concern for traffic and said she felt the right in right out would be best for Route 57 access.

Residents protested traffic going out on Provo Drive, voicing concerns that cars will opt to turn left and drive through their neighborhood. Others voiced concerns for drainage and ground water, as there is a water problem on the property nearby. Mike Blowers noted that there is
already water where the easement is and he doesn’t want it to worsen. Mr. Adams said that they are aware of the water problem and will take it into consideration. They will be taking some of the water flow with the swale over to the retention pond.

The Supervisor encouraged the residents to go to the Planning Board meeting on December14th as the Planning Board determines drainage and layout of the proposed project.

Karen Haley asked that if no bank went in what could go in and the Supervisor replied that there could be no retail use. Ms. Haley said she also had issues with lighting, security and noise.

Other residents asked why cars couldn’t go out and in from Route 57 rather than Provo Drive.  One suggested a no thru traffic sign.

Another resident asked if they could put trees in before they start to build and Mr. Adams said they could do that. 

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

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

Ayes-7 and Noes-0. Unanimously carried.

Local Law No. 3 (PH) - Fees:

A public hearing to consider proposed Local Law No. 3 of the Year 2005 to amend Chapter 105 entitled “FEES” of the Code of the Town of Clay by adding new fees to Section 105-4 A., Chapter 69, Animals to add §69-6F(6), Veterinary examination - Contractor’s rate; §69-6F(7) Deworming –– Contractor’s rate; §69-6F(8) Flea treatment
– Contractor’s rate and 69-6F(9) Parvo virus testing for animals under 6 mos. of age – Contractor’s rate to said Chapter was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

The Supervisor explained that the SPCA has changed its animal redemption rates and the Town is adding the additional fees.

Supervisor Rupprecht asked if there were any comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.

Project/Securities (posting) - LAWTON VALLEY HUNT TRACT, SECTION NOS. 12 and 13:

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 only 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)) and the construction of said facilities having been completed in accordance with the Plans and Specifications thereof; the Town Engineers having certified that the facilities have been satisfactorily completed and that the developer post
$50,000.00 to guarantee the cost of completion of overland drainage facilities as shown on a list prepared by the Town Engineers under date of November 30th, 2005; posting of security in the amount of $102,284.00 for highway construction guarantee; $30,671.00 repair and maintenance security re sewer and drainage facilities; payment of $4,950.00 monument and $18,300.00 parkland fees; and further contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and KELLY-TOBIN DEVELOPMENT CORPORATION that the Town accept title to such facilities. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Project/Drainage/Sewer - LAWTON VALLEY HUNT TRACT, SECTION NO. 12:

Councilor Edick moved the adoption of a resolution accepting an easement for drainage and sewer facilities located within LAWTON VALLEY HUNT TRACT, SECTION NO. 12 from KELLY-TOBIN DEVELOPMENT CORPORATION as shown on a Map prepared
by Ianuzi & Romans, P.C., dated May 12, 2005 and revised July 29, 2005. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Project/Warrenty Deed (Roads) - LAWTON VALLEY HUNT TRACT, SECTION NO. 12:

Councilor Edick moved the adoption of a resolution accepting a Warranty Deed, Dedication, Application and Release of Damage for Town Roads as shown on a map prepared by Ianuzi & Romans, P.C., dated May 12, 2005 and revised July 29, 2005 of LAWTON
VALLEY HUNT TRACT, SECTION NO. 12 from KELLY-TOBIN
DEVELOPMENT CORPORATION. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Project/Easement - LAWTON VALLEY HUNT TRACT, SECTION NO. 13:

Councilor Edick moved the adoption of a resolution accepting an easement for drainage and sewer facilities located within LAWTON VALLEY HUNT TRACT, SECTION NO. 13 from KELLY-TOBIN DEVELOPMENT CORPORATION as shown on a Map prepared
by Ianuzi & Romans, P.C., dated May 16, 2005 and revised August 17, 2005. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Project/Warrenty Deed (Roads) - LAWTON VALLEY HUNT TRACT, SECTION NO. 13:

Councilor Edick moved the adoption of a resolution accepting a Warranty Deed, Dedication, Application and Release of Damage for Town Roads as shown on a map of LAWTON VALLEY HUNT TRACT, SECTION NO. 13 prepared by Ianuzi & Romans, P.C., dated May 16, 2005 and revised August 17, 2005 from KELLY-TOBIN DEVELOPMENT CORPORATION. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Project/Easement (abandonment) - LAWTON VALLEY HUNT TRACT, SECTION NO. 13:

Councilor Edick moved the adoption of a resolution authorizing the abandonment of a part of a Town of Clay drainage easement as shown on a map of LAWTON VALLEY HUNT TRACT, SECTION NO. 13, on lot No. 274 and indicated as ““Part of Drainage Easement, Book 4861, Page 33, To Be Abandoned to the developer KELLY-TOBIN
DEVELOPMENT CORPORATION. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Fire Department/Exclusion from Federal Tax - MOYERS CORNERS FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving a Promissory Note/Loan Agreement between the MOYERS CORNERS FIRE DEPARTMENT, INC., and JP MORGAN CHASE BANK, N.A. to finance the construction and equipping of an addition
to its existing fire house located at Route 57 and Route 31 in the Town of Clay in the amount of $1,200,000.00, plus interest. The sole purpose of the aforesaid approval is the exclusion from federal income taxation of the interest payable under the Loan Agreement. The obligations of the Moyers Corners Fire Department, Inc., will not be a debt of the State of New York or the Town of Clay, nor shall either entity bear any liability therefore. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Purchase/Truck - Water Department:

Councilor Ulatowski moved the adoption of a resolution authorizing the purchase of Item 5A, One (1) 2006 CHEVROLET SILVERADO 1500 PICK-UP, COLOR BLUE, REGULAR CAB, 119.0” WB, 2WD, WITH BED LINER AND DELIVERY for use by the Water Department per State specifications, under State Contract Number PC60924, Award number 18489, in the amount of $11,436.00. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Bid - Sewer Water Systems Repair:

Councilor Bray moved the adoption of a resolution authorizing the advertisement of bids for THE CONSTRUCTION OF WATER AND SEWER SYSTEMS SERVICE INSTALLATIONS AND REPAIRS FOR WATER, SEWER AND DRAINAGE DISTRICTS IN THE TOWN OF CLAY. Said bids to be received until December 19th,
2005 at 11:00 A.M., local time. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Authorization - New York State Office of Children & Family Services (correcting resolution of November 7, 2005):

Councilor Rowley moved the adoption of a resolution authorizing application for 2006 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 $16,900.00 and the Clay Police Department in the amount of $15,041.00. Total State aid requested would be $31,941.00, and further authorizing the Supervisor to apply for and execute a State Aid Voucher for the year 2006. (Correcting Resolution –– amounts indicated for Recreation and Police were reversed on 11-07-05 agenda). Motion was seconded by
Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Special Permit (SEQR) - Town Board Case #931 - COLONIAL VILLAGE L.L.C.:

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