March 20, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 20th 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
Damian M. Ulatowski - Councilor
Robert L. Edick - Councilor
William C. Weaver - Councilor
Vivian I. Mason  - Town Clerk
John Marzocchi  - Acting Town Attorney
Doug Wickman - Town Engineer

ABSENT:
David Tessier - Commissioner of Planning & Development

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 March 6, 2006. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution approving 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. The purposed of this Local Law is to clarify
Chapter 230 entitled “ZONING”, dated June 6th, 2005 with items that were omitted. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution approving proposed “Ordinance No. 2006-01, Amending Existing Chapter 78, entitled ‘BRUSH, GRASS, RUBBISH AND WEEDS’ by adding a new Section 78-7, entitled “Violations and Penalties” to the Code of the Town of Clay. The purpose of this 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 Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Local Law No. 4 (PH) - Temporary Moratorium:

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

Supervisor Rupprecht explained that this is an extension of the moratorium so that the Town can get input from the public. There will be an informal meeting Tuesday, March 21, 2006 at 7:00 P.M. and he encouraged everyone to attend. This moratorium will end one day after the next Town Board meeting April 3rd.

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.

Bond Resolution/Purchase/Highway - 2 Medium Duty Trucks:

Councilor Ulatowski moved the adoption of a BOND RESOLUTION in the amount of FIFTY-EIGHT THOUSAND SEVEN HUNDRED SIXTY-FIVE AND 00/100 DOLLAR ($ 58,765.00) for the purchase of TWO (2) 2006 – MEDIUM DUTY 4 x 2 TRUCKS WITH DUMP BOXES FOR USED BY THE TOWN OF CLAY HIGHWAY DEPARTMENT. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Contract/Clay Landfill:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to execute a contract with C & S ENGINEERS, INC., for services to be rendered for the year 2006 in compliance with the DEC Regulations for the TOWN OF CLAY LANDFILL POST CLOSURE ENVIRONMENTAL MONITORING PROGRAM.  Said services not to exceed the sum of $16,924.00, which amount includes an estimated
$8,133.00 for laboratory testing. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Fire Hydrant - Dell Center Drive Retail Center:

Councilor Edick moved the adoption of a resolution approving the installation of a fire hydrant in Gaskin Road Water Supply District Extension No. 1 and authorizing the Supervisor to execute the OCWA fire hydrant application therefore. (Dell Center Drive Retail Center – Fire Hydrant No. 11173) Motion was seconded by Councilor
Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Local Law No. 4 (A) - Temporary Moratorium:

Councilor Bray moved the adoption of a resolution approving Local Law No. 4 of the Year 2006, Temporarily Amending Chapter 230 entitled ‘ZONING’ of the Code of the Town of Clay providing for an extension of the 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-7 and Noes-0. Unanimously carried.

Deed/Project (future road widening) - HARLEY SNOW SUBDIVISION:

Councilor Bray moved the adoption of a resolution accepting a Deed from HARLEY DON SNOW, for future road widening purposes, containing 0.40 acres, more or less, all as shown on a FINAL PLAN of HARLEY SNOW SUBDIVISION prepared by NEIL H. BROWNELL, LICENSED LAND SURVEYOR, dated January 26, 2006. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Deed/Project (future road widening) - HARLEY SNOW SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution accepting a Deed from HARLEY DON SNOW, for future road widening purposes, containing 1.35 acres, more or less, all as shown on a FINAL PLAN of HARLEY SNOW SUBDIVISION prepared by NEIL H. BROWNELL, LICENSED LAND SURVEYOR, dated January 26,
2006. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Deed/Project (future road widening) - HARLEY SNOW SUBDIVISION:

Councilor Edick moved the adoption of a resolution accepting a Deed from HARLEY DON SNOW and JOANNA B. SNOW, for future road widening purposes, containing 0.07 acres, more or less, all as shown on a FINAL PLAN of HARLEY SNOW SUBDIVISION prepared by NEIL H. BROWNELL, LICENSED LAND
SURVEYOR, dated January 26, 2006. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Easement/Project - SAM’S CLUB FUELING STATION:

Councilor Ulatowski moved the adoption of a resolution accepting a Drainage easement from SAM’S REAL ESTATE BUSINESS TRUST all as shown on a SITE PLAN of SAM’S CLUB FUELING STATION prepared by CEI ENGINEERING ASSOCIATES, INC., of 3715 Northside Parkway, 200 Northcreek – Suite 100, Atlanta, Georgia 30727 dated February 28, 2006. Motion was seconded by
Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Special Permit (CPH) - Town Board Case #933 - FLOUR CITY BAGELS, LLC:

Councilor Bray moved the adoption of a resolution calling a public hearing April 3, 2006, commencing at 7:35 P.M., local time, to consider an application of Flour City Bagels, LLC for a Special Permit to add on a drive-in service to the existing Bruegger’s Bagel Bakery, including related site improvement on property owned by Trason Global Realty, LLC, located at 7601 Oswego Road, (Tax Map No. 093.-03-41.0). Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 7:54 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.

Archived Minutes