March 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 March, 2006 at 7:30 P.M., there were:

PRESENT:

Mark Rupprecht - Supervisor
James Rowley - Councilor/Deputy Supervisor
Clarence A. Rycraft - Councilor
Naomi Bray  - 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:
Damian M. Ulatowski - 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 Bray moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on February 6, 2006. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

June Baycura inquired about the Route 57/Route 31 land use study. The supervisor noted that there will be a public meeting on March 21st at 7:00 P.M. and that the study is on the Town’s web site.

Project/Sewer (PH) - CROSS CREEK SUBDIVISION:

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

Tom Oot, representing Oot Brothers, gave a brief overview of the sewer laterals to be constructed to service 30 new single-family homes. It is proposed to construct 1,430 lineal feet of sanitary sewer lines. The facilities will be constructed by the developer dedicated to the Town at no cost. 

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/Drainage (PH) - CROSS CREEK SUBDIVISION:

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

Tom Oot, representing Oot Brothers, gave a brief overview of the proposed drainage district. It is proposed to construct 2,380 lineal feet of storm sewers, catch basins and a culvert. Storm water will be conveyed via swales, roadside gutters and storm sewers to an on site stormwater management facility and ultimately to Mud Creek.

Councilor Rowley asked what the outlet structure was and Mr. Oot explained that it is a 3' by 5' box culvert with a cap over 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.

Local Law No. 3 (PH) - Zoning (clarification):

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

Commissioner Tessier explained that as they have been using the new ordinance, they have come across some items that are missing. He gave a brief overview of the items that were in the 1978 ordinance that they are proposing to put back into the new one. 

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.

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

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

Commissioner Tessier explained that the violations and penalties were inadvertently left out of the new ordinance and need to be added back into 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.

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

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

Commissioner Tessier gave a brief overview of the Planning Board’s recommendation for the placement of stop signs in this new section of Lawton Valley Hunt.

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) - LAWTON VALLEY HUNT TRACT, SECTION NO. 13:

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 within the LAWTON VALLEY HUNT TRACT, SECTION NO. 13, at the following locations: two STOP SIGNS on RAVENSTHORPE WAY one as it meets BARCALDINE DRIVE and one as it meets BINGLEY LANE; one STOP SIGN at the
end of BINGLEY LANE one 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 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier gave a brief overview of the placement of stop signs as recommended by the Planning Board.

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. Adjourned to this date and time at the February 6th, 2006 Town Board
Meeting. Proof of publication and posting was furnished by the Town Clerk.

Tom Oot, representing the applicant, gave a brief overview of their proposed project.  The parcel consists of 54 acres and they are proposing to construct 60 single family homes. The average size of the lots is about 14,000 square feet. When partially developed, they intend to construct an exit across Mr. Gabor’s land to Waterhouse Road,
and then limit the entrance/exit onto Morgan Road to a right in/right out only, however Mr. Oot felt it needed to be looked at further.

The Supervisor announced that he would like to have a committee formed to review the development in this area and the committee should include various agencies, the Town and residents. He added that a light is needed, whether it be at Fairway East or Waterhouse Road.

Bob Tromley asked if there was any news on widening Morgan Road and the Supervisor said he hadn’t heard of any.

June Baycura of the BCA commented that the developments need green spaces. Mr. Oot said that there would be green space and walking trails. This land would be turned over to Central New York Land Conservatory, Inc.

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

Councilor Bray moved the adoption of a resolution adjourning this public hearing to May 1, 2006, commencing at 7:35 P.M. local time. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Bid Award/Highway (Truck Purchase):

Councilor Rowley moved the adoption of a resolution awarding a contract for TWO (2) \2006 – MEDIUM DUTY 4 x 2 TRUCKS WITH DUMP BOXES FOR USE BY THE HIGHWAY DEPARTMENT IN THE TOWN OF CLAY to NYE Automotive
Group for the low bid of $58,765.00. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Project - HEATHER ASSOCIATES, INC.:

Councilor Rowley moved the adoption of a resolution approving  deviation(s) from the Town of Clay Sanitary Sewer and Drainage Standard as recommended by Ianuzi & Romans, P.C., Land Surveyors, under date of January 27, 2006, with regards to their client Heather Associates, Inc., which is on file in the Town Clerk’s Office. Motion
was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Three Rivers Recreation Area/Contracts/County of Onondaga (Community Development) - amendment:

Councilor Bray moved the adoption of a resolution approving amendment of Contract No. 62698, dated January 23, 1998, last amended June 30, 2005 for THREE RIVERS RECREATION AREA between the County of Onondaga (Community Development
Department) and the Town of Clay, extending the expiration date from January 1, 2006 to December 31, 2007; the COMPENSATION provision shall be increased by an amount not to exceed sixty-six thousand one hundred eighty-seven dollars ($66,187.00) in full and final satisfaction of all services and expenses and the Scope of Service is hereby expanded to include: the continuation of the clean-up of the blighted “Three Rivers” area in the northwestern corner of the Town of Clay, located on Route 57 and Maider Road at the confluence of the Seneca, Oswego and Oneida River. In all other respects, Contract No. 62698, as amended, is hereby ratified and confirmed except as herein amended and further authorizing the Supervisor to execute same. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Gaskin Road Sewers/Contracts/County of Onondaga (Community
Development) - amendment:  

Councilor Bray moved the adoption of a resolution approving amendment of Contract No. 69604, dated December 15, 2004, last amended January 21, 2004 for GASKIN ROAD SEWERS between the County of Onondaga (Community Development Department) and the Town of Clay extending the expiration date from January 1,
2006 to December 31, 2007; the total amount payable to the Contractor under the COMPENSATION provision shall be increased by an amount not to exceed forty thousand dollars ($40,000.00) in full and final satisfaction of all services and expenses and the Scope of Service is hereby expanded to include: the installation of approximately 9,000 feet of sanitary sewers along the east side of the Seneca River on
Gaskin Road from Route 31 north to Three Rivers Point. Total funding for this project for Phases 1 ($100,000.00) and Phase 2 is $140,000.00. In all other respects, Contract No. 69604, as amended, is hereby ratified and confirmed except as herein amended and further authorizing the Supervisor to execute same. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Road and Drainage Improvements/Contracts/County of Onondaga (Community Development) - amendment:

Councilor Edick moved the adoption of a resolution approving amendment of Contract No. 45796, dated December 18, 1996, last amended January 21, 2004, to provide funding assistance for ROAD AND DRAINAGE IMPROVEMENTS between the County of Onondaga (Community Development Department) and the Town of Clay extending the expiration date from January 1, 2006 to December 31, 2007; the total amount payable to the Contractor under the COMPENSATION provision shall be increased by an amount not to exceed fifty thousand dollars ($50,000.00) in full and final satisfaction of all services and expenses and the Scope of Service is hereby expanded to include: road reconstruction and drainage will be completed in selected low-income areas of the Town. Exact locations will be determined at a later date. In all other respects, Contract No. 45796, as amended, is hereby ratified and confirmed except as herein amended and further authorizing the Supervisor to execute same. Motion was
seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Streetscape Improvements/Contracts/County of Onondaga (Community Development) - amendment:

Councilor Edick moved the adoption of a resolution approving amendment of Contract No. 119503, dated March 24, 2004, for STREETSCAPE IMPROVEMENTS between the County of Onondaga (Community Development Department) and the Town of Clay extending the expiration date from January 1, 2006 to December 31, 2007; the total amount payable to the Contractor under the COMPENSATION provision shall be increased by an amount not to exceed ten thousand dollars ($10,000.00) in full and final satisfaction of all services and expenses and the Scope of Service is hereby expanded to include: Streetscape improvements will be available in three business districts: 1. Clay Main Street Project: 500 yards in either direction from the Clay Historic Park on Route 31; 2. Euclid Main Street Program – 500 yards in either direction from the intersection of Morgan Road and Route 31; and Southern Route 57 Main Street Program – Route 57 from the Town Line North to the intersection of Maryland Lane.  This project will improve the appearances of the business corridor through the use of standardized signage, new siding or exterior renovations, street trees and, where possible, driveway interconnections to reduce the curb cuts on Routes 57 and 31. In all other respects, Contract No. 119503 as amended, is hereby ratified and confirmed except as herein amended and further authorizing the Supervisor to execute same. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Project/Sewer - CROSS CREEK SUBDIVISION:

Councilor Rowley moved the adoption of a resolution approving the creation of a sewer district within the Town of Clay to be designated and known as "CROSS CREEK SEWER DISTRICT" (Cross Creek Subdivision). Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Project/Drainage - CROSS CREEK SUBDIVISION:

Councilor Rycraft moved the adoption of a resolution approving the creation of a drainage district within the Town of Clay to be designated and known as "CROSS CREEK DRAINAGE DISTRICT" (Cross Creek Subdivision). Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Project/Sewer/Drainage (A) - CROSS CREEK SUBDIVISION:

Councilor Rowley moved the adoption of a resolution that it is in the public interest that the Town of Clay approve the construction and acquire the public facilities located within CROSS CREEK SUBDIVISION (Cross Creek Sewer District, Contract No. 1
Lateral and Cross Creek Drainage District, Contract No. 1 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer OOT BROS., INC. (Cross Creek Subdivision) Motion was seconded
by Councilor Bray.

Ayes-6 and Noes-0. Carried.

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

Councilor Bray 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, designating and providing 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 Rowley.

Ayes-6 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs (A) - LAWTON VALLEY HUNT TRACT, SECTION NO. 13:

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, designating and providing for STOP SIGNS within the LAWTON VALLEY HUNT TRACT, SECTION NO. 13, at the following locations: two STOP SIGNS on RAVENSTHORPE WAY one as it meets BARCALDINE DRIVE and one 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 Rowley.

Ayes-6 and Noes-0. Carried.

Project (Final Plans) - CROSS CREEK SUBDIVISON:

Councilor Rycraft moved the adoption of a resolution approving the Final Plans for the CROSS CREEK SUBDIVISON (Cross Creek Sewer District, Contract No. 16 Lateral and Cross Creek Drainage District, Contract No. 1 Lateral) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Appointment - CLAY VOLUNTEER FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving the appointment of KEVIN A. KOEHLER as a volunteer member of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Project/Securities (release) - STREAMWOOD TOWNHOUSES, SECTION “B”:

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 ELDAN HOMES, INC. for STREAMWOOD TOWNHOUSES, SECTION “B” (Sandbar Lane, 1,441 lf and Sampan Way, 173 lf). Gravel, gutters, binder and top are in place in accordance with Town Highway Specifications. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Project/Securities (release) - QUARRY POINTE SUBDIVISION:

Councilor Rowley 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 GROUP ONE DEVELOPMENT, LLC for QUARRY POINTE SUBDIVISION (Quarry Pointe Circle, 783 lf). Gravel, gutters, binder and top are in place in accordance with Town
Highway Specifications. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried. 

Easement (sewer) /Project - POWER FEDERAL CREDIT UNION SUBDIVISION:

Councilor Rycraft 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, as shown on map prepared by Parker Land Surveying, P.C., of Vernon, New York, dated May 11, 2005, last revised February 16, 2006. (Power Federal Credit Union – Morgan Road Project) Motion was seconded by Councilor Rowley.

Ayes-5, Abstention-1 (Robert Edick abstaining, as he sold property to the PFCU), and Noes-0. Carried.

Easement (sewer) /Project - POWER FEDERAL CREDIT UNION SUBDIVISION:

Councilor Bray moved the adoption of a resolution accepting a sewer easement from HOVEY-BUCKLEY, LLC for sewer facilities located within the POWER FEDERAL CREDIT UNION SUBDIVISION as shown on map prepared by Parker Land Surveying, P.C., of Vernon, New York, dated August 9, 2005, last revised February 16, 2006. (Power Federal Credit Union – Morgan Road Project) Motion was seconded by Councilor Rowley.

Ayes-5, Abstention-1 (Robert Edick abstaining, as he sold property to the PFCU), and Noes-0. Carried.

Unsafe Building - 8438 Falcon Drive:

Councilor Rowley moved the adoption of a resolution declaring the building located on real property commonly known as 8438 Falcon Drive, Tax Map No. 054.-12-06, “an unsafe building” pursuant to the Code of the Town of Clay, Chapter 86, Unsafe Buildings. The Town Board hereby acknowledges that the property has been inspected
by the Commissioner of Planning & Development and has received notice of the purported defects; and further authorizes the Town Attorney to take whatever legal action necessary to rectify the situation. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Unsafe Building - 3963 Maider Road:

Councilor Edick moved the adoption of a resolution declaring the building located on real property commonly known as 3963 Maider Road, Tax Map No. 024.-01-18, “an unsafe building” pursuant to the Code of the Town of Clay, Chapter 86, Unsafe Buildings. The Town Board hereby acknowledges that the property has been inspected
by the Commissioner of Planning & Development and has received notice of the purported defects; and further authorizes the Town Attorney to take whatever legal action necessary to rectify the situation. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Unsafe Building - 9694 Horseshoe Island Road:

Councilor Bray moved the adoption of a resolution declaring the building located on real property commonly known as 9694 Horseshoe Island Road, Tax Map No. 012.- 01-29, “an unsafe building” pursuant to the Code of the Town of Clay, Chapter 86, Unsafe Buildings. The Town Board hereby acknowledges that the property has been inspected by the Commissioner of Planning & Development and has received notice of
the purported defects; and further authorizes the Town Attorney to take whatever legal action necessary to rectify the situation. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried. 

Unsafe Building - 4178B Burningtree Road:

Councilor Edick moved the adoption of a resolution declaring the building located on real property commonly known as 4178B Burningtree Road, Tax Map No. 057.-03-14.7, “an unsafe building” pursuant to the Code of the Town of Clay, Chapter 86, Unsafe Buildings. The Town Board hereby acknowledges that the property has been inspected by the Commissioner of Planning & Development and has received notice of the purported defects; and further authorizes the Town Attorney to take whatever legal action necessary to rectify the situation. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Authorization/Unsafe Buildings:

Councilor Bray moved the adoption of a resolution authorizing the Town Supervisor to take action on behalf of the Town of Clay in Supreme Court to enforce Chapter 86 Unsafe Buildings, Section 86-9, for an order to determine that the building is a public nuisance and directing that it should be repaired or removed with respect to 9694 Horseshoe Island Road. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Lighting (Street Lights) - PINE GATE TRACT, SECTIONS NO. 11, 12 and 13:

Councilor Rowley moved the adoption of a resolution authorizing the installation of twenty-three (23) 100 watt high-pressure sodium fixtures mounted on 16' fiberglass embedded poles to illuminate Long Leaf Trail, Big Cone Path and Blue Beech Lane located within PINE GATE TRACT, SECTIONS NO. 11, 12 and 13, The estimated annual cost of $5,175.00 is to be added to the CLAY CONSOLIDATED LIGHTING DISTRICT NO. 2. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Purchase/Highway - Toro Dingo 425 Wide Track Compact Utility Loader:

Councilor Rowley moved the adoption of a resolution approving the purchase of a Toro Dingo 425 Wide Track Compact Utility Loader from J. C. Smith for an amount not to exceed $16,782.00. 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 Rowley. Ayes-6 and Noes-0. Carried.

Archived Minutes