January 18, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 18th of January, 2006 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 Organizational and Regular Town Board Meeting held on January 4, 2006. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business:

None.

Zone change (PH) - Town Board Case #928 - DAVID E. DITTLER and GLORIA B. DITTLER:

A public hearing to consider a petition made by DAVID E. DITTLER and GLORIA B. DITTLER for a change of zone from RA-100 Residential Agricultural District to R-40 One-Family Residential District on property located at 4903 Guy Young Road, Brewerton, N.Y., (Tax Map No. 041.-01-08.0) was opened by the Supervisor.  Adjourned to this date and time at December 19th, 2005 Town Board Meeting. Proof
of publication and posting was furnished by the Town Clerk.

Neither the applicant nor a representative was present. The Supervisor noted that he didn’t need any further information regarding this zone change and felt the hearing could be closed.

David Arnold said he thinks there should only be one driveway cut, not multiple ones for the development of this property.

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.

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

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

The Supervisor explained that this could allow fire fighters to save about $150 on their taxes annually.

Councilor Ulatowski further explained that if firemen earn 50 points each year they remain eligible in the service award program and would also qualify for the exemption.

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. 

Securities (release)/Project - CLAY FIRST ASSOCIATES ROUTE 31 COMMERCIAL PROJECT:

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, that the securities for the CLAY FIRST ASSOCIATES ROUTE 31 COMMERCIAL PROJECT, posted by CLAY FIRST ASSOCIATES, LLC as recommended by the Town Engineers pursuant to correspondence of January 30, 2004, Overland Drainage - $5,000.00 and Euclid Sewer
District, Extension No. 7, Contract No. 1 Lateral- $1,600.00 and $500.00 Clay First Associated Drainage District, Contract No. 1 Lateral and whereby Clay First Associates posted such security by Solvay Bank Letter of Credit No.10575 - $1,600.00 and Solvay
Bank Letter of Credit No. 10580 - $ $5,000.00 be released as follows: Clay First Associates Drainage District, Contract No. 1 Lateral from $5,000.00 to $0 (Overland Drainage Facilities); Clay First Associates Drainage District, Contract No. 1 Lateral from $500.00 to $0 (Storm Sewers) and Euclid Sewer District, Extension No. 7, Contract No. 1 Lateral from $1,600.00 to $0 (Sanitary Sewers). The Town Engineers states that the developer has satisfactorily met all engineering requirements for this project. This resolution is contingent upon all legal, engineering and administrative fees being paid.  Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Securities (release)/Project - HAMLIN FARM SUBDIVISION:

Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers under date of November 11, 2005 that the securities for the HAMLIN FARM SUBDIVISION posted by MUFALE BUILDERS, INC., be released as follows: Hamlin Farm Drainage District, Contract No. 1 Lateral
from $15,000.00 to $0 (Overland Drainage Facilities); Hamlin Farm Drainage District, Contract No. 1 Lateral from $16,320.00 to $0 (Storm Sewers) and Hamlin Farm Sewer District, Extension No. 1, Contract No. 1 Lateral from $14,280.00 to $0 (Sanitary Sewers). The Town Engineers state that the developer has satisfactorily met all
engineering requirements for this project. The developer posted security in the form of M &T Bank Letter of Credit Number 18243 - $15,000.00 for Overland Drainage; and M & T Bank Letter of Credit number 18244 in the amount of $30,600.00 representing $16,320.00 for storm sewers (Hamlin Farm Drainage District, Contract No. 1 Lateral) and $14,280.00 for sanitary sewers (Hamlin Farm Sewer District, Extension No. 1, Contract No. 1 Lateral) This resolution is contingent upon all legal, engineering and administrative fees being paid. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Monument Fees (release)/Project - HAMLIN FARM:

Councilor Ulatowski moved the adoption of a resolution authorizing the release of monument fees for HAMLIN FARM, deposited with the Town of Clay in January 2004, by check number 162 in the amount of $900.00 to MUFALE LIMITED PARTNERSHIP. Pursuant to a letter from Ianuzi & Romans, P.C., under date of December 19, 2005, whereby they certify that two monuments were set in Hamlin Farm
in conformance with the final plan. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Fire Hydrant:

Councilor Ulatowski moved the adoption of a resolution approving the installation of a fire hydrant in the Bear Road Water Supply District, Extension No. 5 (Executive Park, Section No. 2– Hydrant No. 11023) and authorizing the Supervisor to execute the OCWA fire hydrant application therefore. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Licenses & Permits - Mobile Home License:

Councilor Edick moved the adoption of a resolution approving the application of CASUAL ESTATES MOBILE HOME COURT for the renewal of its license for the year 2006. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Purchase/Highway:

Councilor Ulatowski moved the adoption of a resolution authorizing the purchase of ONE (1) NEW HOLLAND LB75B, 4-WHEEL DRIVE BACKHOE WITH HYDRAULIC EXTENDABLE DIPPER STICK AND LOADER AUXILIARY HYDRAULICS for use by the Highway Department per State specifications, under State Contract Number PC62068, Award Number 19602, Item No. 13 for an amount not to exceed Fifty Four Thousand and 00/100 ($54,000.00) Dollars. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Bond Resolution (purchase)/Highway:

Councilor Ulatowski moved the adoption of a Bond Resolution for an amount not to exceed FIFTY FOUR THOUSAND AND OO/100 ($54,000.00) DOLLARS for the purchase of ONE (1) NEW HOLLAND LB75B, 4-WHEEL DRIVE BACKHOE WITH HYDRAULIC EXTENDABLE DIPPER STICK AND LOADER
AUXILIARY HYDRAULICS FOR USE BY THE HIGHWAY DEPARTMENT.  Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution approving “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 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
Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Settlement 

Councilor Bray moved the adoption of a resolution authorizing the settlement of a property damage claim brought by ROBIN LAMSON against the Town of Clay for damage to her vehicle as a result of an automobile accident with a Town of Clay vehicle on December 16th, 2005. The Town admits no liability in the matter. The Town attorney
has negotiated a settlement for a full release of liability, in exchange for the sum of $5,734.79 representing property damage only, as well as compensation for one week of car rental. Furthermore the Town agrees to pay the towing and storage charges associated with the claim directly to the vendors. Subject to approval of the final settlement documents by the Town Attorney. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Local Law No. 2 - Zoning (Moratorium):

Councilor Bray moved the adoption of a resolution calling a public hearing February 6th, 2006, commencing at 7:38 P.M. local time, to consider proposed Local Law No. 2 of the Year 2006, 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 until March 21st, 2006. Motion was seconded by Councilor
Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 8:05 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.


Archived Minutes