February 6, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 6th of February, 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
William C. Weaver - Councilor
Vivian I. Mason - Town Clerk
David Tessier - Commissioner of Planning & Development
Robert Germain - Town Attorney
Doug Wickman - Town Engineer

ABSENT:
Robert L. Edick - 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 Ulatowski moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on January 18, 2006. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

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

No action taken.

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

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

Ayes-6 and Noes-0. Carried.

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.-01-08.1) was opened by the Supervisor. Adjourned to this date and time at the January 4th, 2006 Town Board
Meeting. Proof of publication and posting was furnished by the Town Clerk.

Tom Oot gave a brief overview of their proposed project and also the possible configuration for the future development of the land south of their proposal to Waterhouse Road. At a later phase in the development of their housing development, they would build an ingress/egress road across the southern Gabor property to Waterhouse Road. This would eventually be the main entrance/exit to the developments, and the entrance from Morgan Road would then be designed to allow
right turns only in and out.

Mr. Oot further projected that the southern portion could have duplexes along the land abutting Waterhouse Road to be a buffer to the Industrial Park across Waterhouse Road. He feels the duplexes would be a good transition rather than office use, as office use is just not a viable need. The developments would have a homeowner’s association and could be handled with the single family homes contributing money to preserve the
green spaces, and the duplexes contributing money towards maintenance, snow removal, etc. Those buying or renting the duplexes would be made aware that they are abutting an Industrial Park. 

Supervisor Rupprecht advised Mr. Oot to check out the Town’s 278 Law (clustering).

Councilor Rycraft said he would prefer the zoning be an R-15 and has a problem with the north east corner of Morgan Road and Waterhouse Road being a commercial zoning.

Mr. Oot said he has no problem with R-15 single family homes backing up to the Industrial Park..

Councilor Rycraft further commented that he felt it was important to consider the possible development of the area between their parcel and Henry Clay Boulevard. He also advised Mr. Oot to look at the Town’s 278 Law.

Councilor Ulatowski inquired about the curbing to be used on Morgan Road, and Mr. Oot said it would be curved so that cars couldn’t turn south onto Morgan nor enter from the north.

Mr. Oot further explained that the land between theirs and Henry Clay is owned by the State, it has a large water line going through it, and that their development is the most it could be between 481 and Waterhouse Road.

Russ Mitchell said he has concerns regarding traffic and feels the corridor needs to be looked at. The Supervisor explained that the Town has already been discussing the development along this corridor with the Onondaga County Department of Transportation.

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

Supervisor Rupprecht moved the adoption of a resolution adjourning this public hearing to March 6, 2006 to commence at 7:53 P.M. local time. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Local Law No. 2 (PH) - Zoning (Moratorium):

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

Supervisor Rupprecht announced that the Town anticipates getting a report on traffic and infrastructure for this section of the corridor. It needs to be reviewed and hopefully this temporary moratorium will be enough time, but if not there is another proposed temporary moratorium later on tonight’s agenda that would extend the time further if needed.

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.

Project/Securities - POWER FEDERAL CREDIT UNION – MORGAN ROAD PROJECT:

Councilor Rowley 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 POWER FEDERAL CREDIT UNION – MORGAN ROAD PROJECT (Power Federal Credit Union Sewer District Contract No. 1 Lateral and Power Federal Credit Union Drainage District, 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 maintenance guarantee security in the amount of $6,500.00 for the sewer and drainage facilities and further contingent upon the developer paying current, as well as all future legal, engineering
and administrative fees, and having complied with all the requirements set forth in an Agreement between the Town of Clay and POWER FEDERAL CREDIT UNION that the Town accept title to such facilities. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Project/Easement (sewer) - POWER FEDERAL CREDIT UNION – MORGAN ROAD PROJECT:

Councilor Ulatowski moved the adoption of a resolution accepting an easement from Power Federal Credit Union for sewer facilities located within the POWER FEDERAL CREDIT UNION SUBDIVISION – MORGAN ROAD PROJECT as shown on a Final Plan prepared by Parker Land Surveying, P.C., dated May 11, 2005, last revised November 22, 2005. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Project/Easement (drainage) - POWER FEDERAL CREDIT UNION – MORGAN ROAD PROJECT:

Councilor Ulatowski moved the adoption of a resolution accepting an easement from Power Federal Credit Union for drainage facilities located within the POWER FEDERAL CREDIT UNION SUBDIVISION – MORGAN ROAD PROJECT as shown on a Final Plan prepared by Parker Land Surveying, P.C., dated May 11,
2005, last revised November 22, 2005. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Councilor Ulatowski left his place for a brief moment.

Project/Easement - NORTHFIELD KNOLLS, SECTION B – GIAMARTINO RESUBDIVISION:

Councilor Bray moved the adoption of resolution accepting an easement from GIAMARTINO, LLC., for drainage facilities located within the NORTHFIELD KNOLLS, SECTION B – GIAMARTINO RESUBDIVISION as shown on Final Plan prepared by R. J. Lighton, Jr., Licensed Land Surveyor of Syracuse, New York, dated
September 19, 2005, last revised January 11, 2006. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Councilor Ulatowski returned to his place on the Board.

Agreement/Project - CROSS CREEK SUBDIVISION:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with OOT BROS., INC., for the development of CROSS CREEK SUBDIVISION. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Sewer Lateral Connection - Burr Drive:

Councilor Ulatowski moved the adoption of a resolution authorizing a sewer lateral connection, pursuant to the written request of Mr. Val La Mont (the property owner), to a Town of Clay sanitary sewer manhole located at Burr Drive for servicing his proposed building at 4638 Burr Drive (Tax Map No. 115.-01-24.2). The cost of construction will be at no cost to the Town of Clay. The property owner agrees to pay all costs (Town and private) associated with the sanitary sewer connection as well as the Town of Clay Operation and Maintenance charges as annually assessed for one unit per acre and the County Sanitary District charges. The property is located within the Woodard No. 2 Sewer District. The owner further agrees to pay all annual Town and County Charges thereafter. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Personnel - Supervisor’s Office:

Councilor Bray moved the adoption of a resolution approving an addition of the title of Information Aide in the Town of Clay Supervisor’s office with the Onondaga County Department of Personnel in accordance with the requirements of New Position Duties Statement, Form P-300 rev. 4/88, dated January 20, 2006. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Bid Advertisement/Highway (Truck Purchase):

Councilor Ulatowski moved the adoption of a resolution authorizing the advertisement of bids for TWO (2) 2006 – MEDIUM DUTY 4 x 2 TRUCKS WITH DUMP BOXES FOR USE BY THE TOWN OF CLAY HIGHWAY DEPARTMENT. Said Bids to be received until March 3rd, 2006, at 11:00 A.M., local time. Motion was seconded by
Councilor Bray.

Ayes-6 and Noes-0. Carried.

Local Law No. 2 - Zoning (Moratorium):

Councilor Bray moved the adoption of a resolution approving 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 Ulatowski.

Ayes-6 and Noes-0. Carried.

Project/Sewer - CROSS CREEK SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing March 6th, 2006, commencing at 7:35 P.M., local time, to consider a Petition for the creation of a sewer district within the Town of Clay to be designated and known as "CROSS CREEK SEWER DISTRICT" and for the construction and acquisition of a lateral
sewer system therein to be designated and known as “CROSS CREEK SEWER DISTRICT, CONTRACT NO. 1 LATERAL". (Cross Creek Subdivision) Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Project/Drainage - CROSS CREEK SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing March 6th, 2006 commencing at 7:38 P.M., local time, to consider a Petition for the creation of a drainage district within the Town of Clay to be designated and known as "CROSS CREEK DRAINAGE DISTRICT" and for the construction and acquisition of a lateral drainage system therein to be designated and known as "CROSS CREEK DRAINAGE DISTRICT, CONTRACT NO. 1 LATERAL". (Cross Creek Subdivision) Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Local Law No. 3 - Zoning (clarification):

Councilor Ulatowski moved the adoption of a resolution calling a public hearing March 6th, 2006 commencing at 7:41 P.M., local time to consider proposed ”Local Law No. 3 of the Year 2006, to Clarify, Chapter 230, entitled ”Zoning”, dated June 6th, 2005 by inserting items from the previous Zoning Ordinance of 1978, and updates thereto that were erroneously omitted. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Municipal Code - ‘BRUSH, GRASS, RUBBISH AND WEEDS’ Ordinance:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing March 6th, 2006, commencing at 7:44 P.M., local time, to consider proposed “Ordinance No. 2006-01, Amending Existing Chapter 78, entitled ‘BRUSH, GRASS, RUBBISH AND WEEDS’ by adding a new “Section 78-7, Violations and Penalties” to the Code of the Town of Clay. The purpose of this proposed ordinance is to provide for fines and penalties with regard to violations of Chapter 78, Brush, Grass, Rubbish and Weeds. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NO. 12:

Councilor Bray moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Planning Board, calling a public hearing March 6th, 2006, commencing at 7:47 P.M., local time, 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 within the LAWTON VALLEY HUNT TRACT, SECTION NO. 12, at the following locations: one STOP SIGN at the end of CAIRNS TRAIL as it meets BARCALDINE DRIVE and one STOP SIGN at the end of LUCKNOW DRIVE where it meets CAIRNS TRAIL 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 (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NO. 13:

Councilor Bray moved the adoption of a resolution, on motion of the Town Board, pursuant to the recommendation of the Planning Board, calling a public hearing March 6th, 2006 commencing at 7:50 P.M., local time, 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 within the LAWTON VALLEY HUNT TRACT, SECTION NO. 13, at the following locations: two STOP SIGNS on RAVENSTHORPE WAY as it meets BARCALDINE DRIVE and as it meets BINGLEY LANE; one STOP SIGN at the end of BINGLEY LANE as it meets BARCALDINE DRIVE and TWO STOP SIGNS on BARCALDINE DRIVE on either side of the BINGLEY LANE intersection, thus creating a 3-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. 4 - Temporary Moratorium:

Councilor Bray moved the adoption of a resolution calling a public hearing March 20th, 2006, commencing at 7:35 P.M., local time, to consider proposed Local Law No. 4 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 April 4th, 2006. Motion was seconded by Councilor
Ulatowski.

Ayes-6 and Noes-0. Carried.

Personnel (add two full time deputies)- Justice Court:

Councilor Ulatowski moved the adoption of a resolution approving the addition of two (2) full-time Deputy Court Clerks to the Town Justice positions to perform the duties of the present Court Clerks during their absence and shall perform such other duties in connection with such office as directed by the Justices of the Court and in compliance
with the Onondaga County Department of Personnel in accordance with the requirements of New Position Duties Statement, Form P-300 rev. 4/88. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Land purchase:

Councilor Bray moved the adoption of a resolution approving the purchase of 30± acres of land located on part of 9548 BLACK CREEK ROAD (Tax Map No. 036.-01-10.2) for a sum not to exceed $115,000.00 and authorizing the Supervisor to execute a Contract to Purchase and any other documents required with regards to such purchase.  Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Clay Sanitary Sewer and Drainage Standard (deviation):

No action taken.

Authorization - Shared Municipal Services Incentive Grant Program for the 2005-2006:

Councilor Ulatowski moved the adoption of a resolution that the Town Board of the Town of Clay authorizes and approves Mark J. Rupprecht, Supervisor of the Town of Clay to submit an application to the Department of State for the Shared Municipal Services Incentive Grant Program for the 2005-2006 program year and further authorizing the Supervisor to execute all financial and/or administrative processes
relating to the grant program and to act as the Lead Applicant Contact Person for purposes of the application for the promotion of shared services. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Appointment - Delegate to the Association of Towns:

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

Ayes-6 and Noes-0. Carried.

Appointment - Town Historians:

Councilor Bray moved the adoption of a resolution appointing Harold Baker and Dorothy Heller as co-historians for the term of two years, said term to expire December 31, 2007. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:44 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-6 and Noes-0. Carried.


Archived Minutes