January 4, 2006

At the Organizational and Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 4th of January, 2006 at 7:00 P.M., there were:

PRESENT:

Mark Rupprecht           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

ABSENT:

James Rowley              Councilor/Deputy Supervisor

The meeting was called to order by Supervisor Rupprecht at 7:00 P.M. All present joined in the Pledge of Allegiance.

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ORGANIZATIONAL MEETING 
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Official Rules of Procedure - Roberts Rules of Order:

Councilor Ulatowski moved the adoption of a resolution that Roberts Rules of Order be the official rules of procedures at Town Board Meetings, subject to the Rules provided by the Town Law and
like Statutes which shall prevail (except that there shall be no second reading of resolutions at Town Board Meetings unless the same is requested, and that there shall be no votes taken when the question of a pending resolution is called unless an objection is stated to voting upon such resolution forthwith). Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Town Board Meeting Schedule:

Councilor Bray moved the adoption of a resolution establishing the first and third Mondays of each month as the meeting nights for Town Board Meetings, and 7:30 P.M., local time, as the hour of commencement. (Work session shall be held the Thursday prior to the Town Board meeting in the meeting room at 7:30 P.M.). Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

GENERAL COMMITTEE appointment by the Supervisor: 

Special Districts -------------------------- Councilperson Rycraft
Finance ---------------------------------- Councilperson Rycraft
Parks, Recreation & Human Resources -- Councilperson Bray
Public Safety -----------------------------Councilperson Rowley
Highway & Public Works ---------------- Councilperson Ulatowski 
Planning & Development ----------------- Councilperson Edick
Zoning Board of Appeals ----------------- Councilperson Rycraft
Personnel ---------------------------------Supervisor Rupprecht
Industrial Development --Councilpersons Rycraft, Ulatowski & Weaver
Building ------------------------------ Councilpersons Edick & Weaver
Recreation Facilities & Grants Special Committee --- Councilpersons     Bray, Edick & Ulatowski 
Liaison North Syracuse School District ----- Councilperson Ulatowski
Liaison Liverpool School District ----------- Councilperson Weaver

Personnel/Salaries:

Councilor Ulatowski moved the adoption of a resolution that the annual salaries for the Town Personnel for 2006 be established as follows:

Supervisor -------------------------------------- $44,150.00 
Deputy Supervisor ------------------------------ $11,155.00
Councilpersons --------------------------------- $10,082.00
Judges ------------------------------------------ $30,897.00
Commissioner of Parks, Recreation & Human Resources - $46,350.00
Commissioner of Finance ----------------------- $23,874.00
Commissioner of Planning & Development ------ $58,350.00
Commissioner of Public Safety ------------------ $58,795.00
Town Clerk ------------------------------------- $40,314.00
Receiver of Taxes ------------------------------- $40,314.00
Assessor ---------------------------------------- $51,500.00
Highway Superintendent  ------------------------ $64,375.00
Water Superintendent --------------------------- $46,271.00

Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Appointments:

The appointment of Councilperson Rowley as Deputy Supervisor was made by the Supervisor.

Councilor Bray moved the adoption of a resolution appointing the Supervisor as Administrator of Special Districts. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Association of Towns - Annual dues:

Councilor Bray moved the adoption of a resolution approving the annual membership of the Town of Clay in the Association of Towns and payment of the annual dues in the amount of $1500.00. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Appointment - Association of Towns Delegate & Alternate Delegate:

Councilor Bray moved the adoption of a resolution appointing Councilor Rycraft delegate to the Association of Towns. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Councilor Bray moved the adoption of a resolution appointing Councilor Ulatowski alternate delegate to the Association of Towns. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Authorization - Check signing:

Councilor Edick moved the adoption of a resolution authorizing the Deputy Supervisor to sign checks drawn on Town funds in the absence of the Supervisor.  Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Town Engineers:

Councilor Edick moved the adoption of a resolution that C & S Engineers, Inc., be retained by the Town of Clay to perform such services as the Town Board, Planning Board and Zoning Board of Appeals may require, for a term of two years. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Councilor Edick moved the adoption of a resolution that C & S Engineers, Inc., be retained by the Town of Clay to perform such Special District services as the Town may require and authorizing the Supervisor to enter into an annual contract with said firm. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Councilor Edick moved the adoption of a resolution authorizing the Town Engineers to update the "Town of Clay Zoning Map" annually, with payment for same to be authorized from the General Fund of the Town of Clay. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Town Attorneys:

Councilor Ulatowski moved the adoption of a resolution retaining Germain and Germain as attorney(s) for the Town of Clay, for a term of two years. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Councilor Ulatowski moved the adoption of a resolution retaining Mark Grobosky as attorney for the Zoning Board of Appeals, to receive $7,675.00 for the Zoning Board of Appeals work for the year 2006. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Bank Designation:

Councilor Ulatowski moved the adoption of a resolution designating the following as the official 2006 depository banks for the Town of Clay: M & T Bank; The JP Morgan Chase Bank; KeyBank National Association; Bank of America Bank; Partners Trust Bank; Alliance Bank, N.A., Solvay Bank, Citizens Bank; and Westchester BOCES-MBIA - pooled cash investment program (class), or
successor. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Newspaper Designation:

Councilor Edick moved the adoption of a resolution designating the Syracuse Post Standard as the official Town Newspaper for 2006 and designating the Star News and Liverpool-Salina Review as an additional newspaper for the publication of legal notices. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Appointments:

Councilor Edick moved the adoption of a resolution appointing Owen P. Honors as Commissioner of Public Safety for a term of two years. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Councilor Ulatowski moved the adoption of a resolution appointing Thomas Weaver as Highway Superintendent for a term of two years. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Councilor Edick moved the adoption of a resolution appointing David Tessier as Commissioner of Planning & Development for a term of two years. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Councilor Bray moved the adoption of a resolution appointing John Shehadi as Commissioner of Finance for a term of two years. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Councilor Bray moved the adoption of a resolution appointing Wayne Morris as Commissioner of Recreation and Human Resources for a term of two years. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Councilor Edick moved the adoption of a resolution appointing Greg Root as Water Superintendent for a term of two years. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Councilor Bray moved the adoption of a resolution appointing Michael Ploski as Dog/Animal Control Officer for the year 2006. Motion was seconded by Councilor Edick .

Ayes-6 and Noes-0. Carried.

Councilor Ulatowski moved the adoption of a resolution appointing James Sharpe to a term of seven years on the Planning Board. Said term to expire December 31st, 2012. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Councilor Bray moved the adoption of a resolution appointing Charles V. Mangan to a term of five years on the Zoning Board of Appeals. Said term to expire December 31st, 2010. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Councilor Ulatowski moved the adoption of a resolution appointing Walter Lepkowski, as Chairman of the Planning Board for the year 2006. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Councilor Ulatowski moved the adoption of a resolution appointing Arthur Fennhahn, as Chairman f the Zoning Board of Appeals for the year 2006. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Councilor Weaver moved the adoption of a resolution appointing Dino Paschetto to a term of five years on the Board of Assessment and Review. Said term to expire September 30, 2010. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Councilor Bray moved the adoption of a resolution appointing Vivian I. Mason for a term of five years as a member of the Board of Ethics, pursuant to Ethics Law, Chapter 22, Article IV, Board of Ethics. (Term to expire December 31, 2010)  Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

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REGULAR MEETING
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Approval of Minutes:

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

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

None.

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

Councilor Ulatowski moved the adoption of a resolution that the application of COLONIAL VILLAGE L.L.C. for a Town Board Special Permit subject to restrictions to construct and operate Medical Office and associated parking, landscaping and site improvements in an O-2 Office Zone, consisting of 4.844± acres, at 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, 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 Edick.

Ayes-6 and Noes-0. Carried.

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

Councilor Ulatowski moved the adoption of a resolution approving the application of COLONIAL VILLAGE L.L.C. for a Town Board Special Permit to operate a Medical Office and associated parking, landscaping and site improvements in an O-2 Office Zone, consisting of 4.844± acres, at 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. This permit is specifically subject to the restriction that the applicant is limited to the construction of a total of 10,000 square feet of medical office facilities on the subject property, and that the buildings be constructed substantially as depicted in the record before the Board. The Planning Board is hereby directed to request and review a professional traffic study for the subject property and specifically determine whether the Planning Board concurs with the County DOT proposed restrictions with regard to ingress and egress to the property. Furthermore, the Planning Board is hereby directed to evaluate the advisability of the installation of a left hand turn lane at Provo Drive onto Route 57. Last, the Planning Board is directed to request and review an overall lighting plan for the proposal. Motion was
seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs (PH) - PISCES CIRCLE and COTTONWOOD COURT:

A public hearing to consider amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP SIGNS at the intersection of PISCES CIRCLE and COTTONWOOD COURT, and for the installation of the necessary signs therefore was opened by the Supervisor. Proof
of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht noted that the Commissioner of Public Safety and the Highway Superintendent recommended that the signs be installed.

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.

Traffic & Vehicles/Stop Signs (PH) - THEODOLITE DRIVE and ZENITH DRIVE:

A public hearing to consider amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP SIGNS at the intersection of THEODOLITE DRIVE and ZENITH DRIVE, thus creating a three-way stop, and for the installation of the necessary signs therefore was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht noted that the Commissioner of Public Safety and the Highway Superintendent recommended that the signs be installed and the applicant had submitted a petition with 24 signatures.

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.

Traffic & Vehicles/Stop Signs (PH) - ELAINE CIRCLE and LAURIE LANE:

A public hearing to consider amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP SIGN(S) in the area of ELAINE CIRCLE and LAURIE LANE, and for the installation of the necessary signs therefore was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

The Supervisor again noted that the Commissioner of Public Safety and the Highway Superintendent recommended that signs be installed. The applicant had submitted a petition with 17 signatures. After a brief discussion it was suggested that the intersection become a three-way stop.

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.

Licenses & Permits (PH) - CASUAL ESTATES MOBILE HOME COURT:

A public hearing to consider the application of CASUAL ESTATES MOBILE HOME COURT for the renewal of its license for the year 2006 was opened by the Supervisor.  Proof of publication and posting was furnished by the Town Clerk.

Doug Rushlo, the manager of Casual Estates stated that it’s a pleasure to work with the Planning Department and the Town Code Enforcement officers.

Commissioner Tessier gave a brief overview, noting that the owners ARC (Affordable Home Communities) of Casual Estates have done extensive work in their community.  Fire, safety and health issues have been addressed on an on going basis. He feels there are no major issues on the property.

June Baycura asked about screening for one end of the park and Mr. Rushlo said they are gradually taking care of it.

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-ADJ) - Town Board Case #932 - SUBDIVISIONS, INC., ROBERT BENEVENTO and JASON THOMAS:

A public hearing to consider a petition made by SUBDIVISIONS, INC., ROBERT BENEVENTO and JASON THOMAS for a change of zone from RA-100 Residential Agricultural District to R-10 One-Family Residential District on property located at 8202 Morgan Road, (Tax Map No. 070.-01-080) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Tom Oot, representing the applicant, explained that the parcel consists of 54 acres, is 1,000 feet north of Waterhouse Road and across from the Fairway East subdivision.  There are 60 residential lots proposed, with 80 feet being the smallest frontage for a lot.  The lots will have public sewer, water and gas. Mr. Oot said they would like to resubmit 
their proposal to the Onondaga County Planning Board. because they have additional information.

The Supervisor noted the referral received from the County and that they are addressing the need for a traffic study, the effect of build out with regard to adjacent land, an engineering study for storm water drainage, wetland boundary delineations, etc. He feels the Town needs to take a careful look and there may need to be some meetings between the Planning Board and the Town Board to review the area. They
need to scope out the project and consider the neighboring land which may develop in the future.

Mr. Oot said they would like to preserve the wetland area and form an organization that would oversee and ensure their preservation.

Mr. Oot remarked that Waterhouse Road is narrow and maybe it needs to be widened.

The Supervisor commented that there is a notation on the map of a cloverleaf exit ramp that the New York State Department of Transportation could possibly build in the future for Route 481 that needs to be looked into also.

Councilor Bray moved the adoption of a resolution adjourning this public hearing to February 6, 2006 to commence at 7:35 P.M. local time. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried. 

Drainage Operation and Maintenance Charges:

Councilor Edick moved the adoption of a resolution authorizing the Town of Clay, pursuant to the written request of the property owners, Messrs Bruce Pollack and Charles Lockwood for premises located at 7988 Morgan Road (Tax Map No. 082.-01-42.2), to begin charging said owners for the annual Town of Clay Drainage Operation and Maintenance charges as annually assessed for three units per acre. The subject property is not located within a drainage district and the property owners have also agreed to join a drainage district in the future when such district is formed. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Easement (drainage) - B & C STORAGE PROPERTIES, LLC.:

Councilor Edick moved the adoption of a resolution accepting a drainage easement from B & C STORAGE PROPERTIES, LLC., on premises located on Morgan Road, all as shown on a Final Plan, prepared by Survey Systems of Syracuse, New York, dated
December 12, 2004, last revised August 11, 2005. (Tax Map No. 082.-01-42.1)  Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Easement (drainage) - SCHWAN’S HOME SERVICE, INC.:

Councilor Bray moved the adoption of a resolution accepting a drainage easement from SCHWAN’S HOME SERVICE, INC., on premises located on Goguen Drive, all as shown on a Final Plan, prepared by Phillips & Associates Surveyors, P.C., of Liverpool, New York, entitled RESUBDIVISION MAP LOTS 2, 4, & 5 into NEW LOT 3A – GOGUEN INDUSTRIAL PARK, dated October 20, 2004, revised October 10, 2005. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Easement (abandonment) - 117 Shoreview Drive (Tax Map No. 085.-06-61.0):

Councilor Edick moved the adoption of a resolution approving the abandonment of a portion of a 20 foot wide drainage easement on premises at 117 Shoreview Drive (Tax Map No. 085.-06-61.0), being located in the southeasterly corner of Lot No. 14 of the SENECA SHORES TRACT as filed in the Onondaga County Clerk’s Office as Map 4588, to the owner Mary Frances Whitmore and further being contingent upon approval of the Town Engineer and Town attorney as to form and content. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Deed - Stearns Road:

Councilor Ulatowski moved the adoption of a resolution accepting a Deed from Kelly-Tobin Development Corp., for property located on Stearns Road, consisting of 11.803 acres, more or less, all as shown on a Map prepared by Ianuzi & Romans, P.C., Licensed Land Surveyors, dated August 13, 2005 entitled “PROPOSED CONVEYANCE KELLY-TOBIN DEVELOPMENT CORP., TO TOWN OF CLAY”. 
SUBJECT to approval by the Town Attorney as to form and content. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Town Board Meeting Cancellation:

Councilor Edick moved the adoption of a resolution canceling the February 20th, 2006 Town Board Meeting due to Associations of Towns Meeting in New York. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs (A) - PISCES CIRCLE and COTTONWOOD COURT:

Councilor Edick moved the adoption of a resolution approving amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP SIGNS at the intersection of PISCES CIRCLE and COTTONWOOD COURT, and for the installation of the necessary signs therefore. 
Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs (A) - THEODOLITE DRIVE and ZENITH DRIVE:

Councilor Edick moved the adoption of a resolution approving amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP SIGNS at the intersection of THEODOLITE DRIVE and ZENITH DRIVE, thus creating a three-way stop, and for the installation of the necessary signs therefore. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs (A) - ELAINE CIRCLE and LAURIE LANE:

Councilor Edick moved the adoption of a resolution approving amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 411-12 Stop Intersections, Schedule IX, Stop Intersections (Section 211-42) of the Town Code, to designate and provide for STOP SIGN(S) in the area of ELAINE CIRCLE and LAURIE LANE,
thus creating a THREE WAY STOP and for the installation of the necessary signs therefore. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Local Law No. 1 (CPH) - Taxation Exemption (Firefighters & Ambulance Workers):

Councilor Ulatowski moved the adoption of a resolution calling a public hearing January 18th, 2006 commencing at 7:38 P.M., local time, to consider proposed “Local Law No. 1 of the Year 2006 Adding to Chapter 205 entitled “TAXATION” a new article number entitled “ARTICLE VII – VOLUNTEER FIREFIGHTERS AND
VOLUNTEER AMBULANCE WORKERS EXEMPTION”. The purpose on this proposed local law is to provide for a partial exemption from taxation to members of volunteer fire companies and voluntary ambulance services of the Town of Clay as provided in Section 466-g of the Real Property Tax Law of the State of New York.  Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:40 P.M. upon motion by Councilor Bray and seconded by Councilor Edick. Ayes-6 and Noes-0. Carried.


Archived Minutes