August 21, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 21st of August, 2006 at 7:30 P.M., there were:

PRESENT:

Mark J. Rupprecht       Supervisor
James J. Rowley          Councilor/Deputy Supervisor
Clarence A. Rycraft     Councilor
Damian M. Ulatowski  Councilor
Robert L. Edick           Councilor
William C. Weaver      Councilor
Vivian I. Mason           Town Clerk
David W. Tessier         Commissioner of Planning & Development
Robert M. Germain      Town Attorney
Douglas R. Wickman   Town Engineer

ABSENT:

Naomi R. Bray            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 Special Town Board Meeting of June 21, 2006 and the Regular Town Board Meeting held on July 17, 2006. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

A resident on Hollywood Circle said that she and her neighbors are concerned with the proposed curb cut for Hafner’s business on Taft Road. She said they have trouble getting out on Taft Road as it is and with an entrance/exit of traffic from Hafner’s, they feel they’ll have a worse time getting out of their development. They would like an entrance only. The Supervisor advised her to convey their concerns in writing to the Planning Board and the Onondaga County Department of Transportation, as the
County approves the curb cut.

Special Permit (SEQR) - Town Board Case #947 - AJM MANAGEMENT SERVICES, INC.:

Councilor Rowley moved the adoption of a resolution that the application of AJM MANAGEMENT SERVICES, INC., for a SPECIAL PERMIT to build and operate a Drive In Service for a Kinney Drug Store on a part of property located at West Taft Road, North Medical Center Campus, (Tax Map No. 117.-01-01.1).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 Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Permit (A)- Town Board Case #947 - AJM MANAGEMENT SERVICES, INC.:

Councilor Rowley moved the adoption of a resolution approving the application of AJM MANAGEMENT SERVICES, INC., for a SPECIAL PERMIT to build and operate a Drive In Service for a Kinney Drug Store on a part of property located at West Taft Road, North Medical Center Campus, (Tax Map No. 117.-01-01.1) subject to the following recommendations to the Planning Board: 1} the Planning Board
should consider whether the proposed building will be architecturally suitable in this office park setting and matches the surrounding structures; 2} the Planning Board should consider whether the Town should allow any curb cuts on the future town road immediately north of the private east-west drive; 3} the Planning Board should evaluate the timing of the dedication of the future town road and make a recommendation to the Town Board. In any case the road should be constructed to Town standards and 4} the Planning Board should consider requiring setbacks
consistent with a Future Town Road. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Zone Change (PH) - Town Board Case #948 - MARK EMMI and CARMEN EMMI:

A public hearing to consider the application of MARK EMMI and CARMEN EMMI for a change of zone from RA-100 Residential/Agricultural District to R-15 One Family Residential District on part of property located at 7907 Morgan Road, (being the west side, between Wetzel Road and the railroad, consisting of 1.84 acres -
(part of Tax Map No. 081. -29-11)was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Hal Romans, Surveyor, related that this is a fourteen acre parcel on the west side of Morgan Road between Wetzel Road and the railroad tracks. Mr. Emmi would like to build a house behind the existing house. He won’t be developing the back  portion as he plans to keep on farming.

The Supervisor noted that he had voted against zoning for single lots on county roads.  He would prefer the request be for the whole parcel, or a home on a two and one half acre lot with the house, an RA-100. He suggested that the applicant look into an Article 278 (clustering).


Supervisor Rupprecht read the Onondaga County Planning Board’s recommendations.

Mr. Romans said they could bring a sketch of their proposed plan to the next meeting.

Councilor Rycraft said their request troubled him, that it almost appears to be spot zoning, with no plan for the over all acreage.

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

Motion was made by Councilor Ulatowski to adjourn this public hearing to September 6, 2006 to commence at 7:56 P.M. local time. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Special Districts (drainage)/Project (PH) - CHIDO SUBDIVISION and

Special Districts (sewer)/Project (PH) - CHIDO 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 “CHIODO DRAINAGE DISTRICT” and for the construction and acquisition of a drainage system to be located therein to be designated and known as “CHIODO DRAINAGE DISTRICT, CONTRACT NO. 1”.
(Chiodo Subdivision), and

a public hearing to consider a petition for the construction and acquisition of a lateral sewer system within the Allen Road Sewer District to be designated and known as “ALLEN ROAD SEWER DISTRICT, CONTRACT NO. 28 LATERAL”. (Chiodo Subdivision) was opened by the Supervisor. Proof of publications and postings were furnished by the Town Clerk.

Greg Sgromo located the 15.5 acre parcel that abuts Bear Road and Allen Road. It’s an eight lot subdivision.

For the drainage district, it is proposed to construct approximately 800 lineal feet of drainage swales. The facilities will be constructed by the developer and be dedicated to the Town of Clay at no cost. The probable cost of construction for the drainage facilities is $75,000.

For the sewer district, it is proposed to construct approximately 1,162 lineal feet of 8-inch diameter sanitary sewers. The facilities will be constructed by the developer and be dedicated to the Town of Clay at no cost. The probable cost of construction for the sewer facilities is $60,000.

Supervisor Rupprecht noted that it is an eight lot subdivision and asked if there were plans to subdivide lot number seven and Mr. Sgromo stated that lot seven will be for a single home for Mr. Chido.  The Supervisor questioned the location of the sewers and that they should be on the
street, not behind the houses and Mr. Sgromo said he thought it had to do with the lowness of the land.

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.

Special Districts (drainage)/Project (PH-ADJ) - THE ESTATES AT
WILDFLOWER 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 “THE ESTATES AT WILDFLOWER DRAINAGE DISTRICT” and for the construction and acquisition of a drainage system to be located therein to be designated and known as “THE ESTATES AT WILDFLOWER DRAINAGE DISTRICT, CONTRACT NO. 1”. (The Estates at Wildflower Subdivision) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

No action taken. The applicant nor a representative was present.

Councilor Ulatowski moved the adoption of a resolution adjourning this public hearing to September 6, 2006, to commence at 7:59 P.M. local time. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Special Districts (water)/Project (PH-ADJ) - THE ESTATES AT
WILDFLOWER SUBDIVISION:

A public hearing to consider a petition for the creation of a water supply district within the Town of Clay to be designated and known as “THE ESTATES AT WILDFLOWER WATER SUPPLY DISTRICT”. (The Estates at Wildflower Subdivision) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

No action taken. The applicant nor a representative was present.

Councilor Ulatowski moved the adoption of a resolution adjourning this public hearing to September 6, 2006, to commence at 8:02 P.M. local time. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Special Permit (PH-ADJ) - Town Board Case #946 - SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and FREDERICK and KAREN LIEBI

A public hearing to consider the application of SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and FREDERICK and KAREN LIEBI for a Public Utility Special Permit to construct and operate a 150’ tall communication tower with related site amenities at 8520 Gaskin Road, being part of Tax Map No. 019. -02-48.1 was opened by the Supervisor. (Adjourned to this date and time at the July 17th, 2006 Town Board Meeting.) Proof of publication and posting was
furnished by the Town Clerk. 

The Supervisor announced that the applicant is asking for an adjournment so that they can acquire further information with regard to their request.

Motion was made by Councilor Edick to adjourn this public hearing to September 18, 2006 to commence at 7:35 P.M. local time. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Permit (PH-ADJ) - Town Board Case #944 - SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and KEVIN L. BURNS:

A public hearing to consider the application of SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and KEVIN L. BURNS for a Public Utility Special Permit to construct and operate a 150’ tall communication tower with related site amenities at 8313 Henry Clay Boulevard, being part of Tax Map No. 060. -02-17 was opened by the Supervisor. (Adjourned to this date and time at the July 17th,
2006 Town Board Meeting.) Proof of publication and posting was furnished by the Town Clerk. 

The Supervisor announced that the applicant is asking for an adjournment so that they can acquire further information with regard to their request.

Motion was made by Councilor Edick to adjourn this public hearing to September 18, 2006 to commence at 7:38 P.M. local time. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Districts (drainage)/Project (PH) CHUCK HAFNER’S GARDEN CENTER PROJECT:

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 “HAFNER DRAINAGE DISTRICT” and for the construction and acquisition of a drainage system therein to be designated and known as “HAFNER DRAINAGE DISTRICT, CONTRACT NO. 1”, (Chuck Hafner’s
Garden Center Project). was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. Adjourned to this date and time at the July 17th, 2006 Town Board Meeting. 

Jason Brown, with WM Engineers, explained that the developer plans to construct approximately 314 linear feet of 12-inch diameter, 24 feet of 36-inch diameter, and 33 linear feet of 3-inch diameter storm sewers to serve 25.6 acres of Mr. Hafner’s Farm Market. The estimated cost is $32,000 and the facilities will be constructed by the developer and 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. 

Zone Change (PH-ADJ) - Town Board Case #941 - DEVELOPMENT ASSISTANCE GROUP, LLC, JULIA M. LA SALLE and ESTATE OF MARY L. MACKEY:

A public hearing to consider the application of DEVELOPMENT ASSISTANCE GROUP, LLC, JULIA M. LA SALLE and ESTATE OF MARY L. MACKEY for a change of zone from RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to PDD PLANNED DEVELOPMENT DISTRICT on property located at 3715 and an
unnumbered parcel on State Route 31, on the north side, west of the railroad tracks, consisting of 47± acres, Tax Map Nos. 020.-01-05.2 and 020.-01-05.1, (proposed Amedore Homes site) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. Adjourned to this date and time at the July 17th, 2006 Town Board Meeting.

James Trasher of Clough Harbour, said the applicant would like more time to work on the traffic and drainage report.

Motion was made by Councilor Edick to adjourn this public hearing to September 18, 2006 to commence at 7:41 P.M. local time. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Zone Change (PH-ADJ) - Town Board Case #942 - SYRACUSE CLAY
ASSOCIATES, LLC, ELLIS C. and IRENE M. BORT TRUST, MOYERS CORNERS FIRE DEPARTMENT, INC., CHRISTINE R. RUPERT and PINE PLAINS DEVELOPMENT CORPORATION:

A public hearing to consider the application of SYRACUSE CLAY ASSOCIATES, LLC, ELLIS C. and IRENE M. BORT TRUST, MOYERS CORNERS FIRE DEPARTMENT, INC., CHRISTINE R. RUPERT and PINE PLAINS DEVELOPMENT CORPORATION for a change of zone from RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to PDD PLANNED DEVELOPMENT DISTRICT on property located at 3645 State Route 31, 8478 and 8484 Oswego Road and an unnumbered parcel on State Route 31, consisting of 49± acres, Tax Map Nos. 020.-01-07.1, 020.-01-08.0, 020.-01-09.2 and 020.-01-14.4,
(proposed Wal-Mart site) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. Adjourned to this date and time at the July 17th, 2006 Town Board Meeting.

Attorney Steve Primo and architect Hal Havens gave an overview of the aesthetics and building materials for the proposed 180,000 square foot Wal-Mart. Mainly masonry, it is designed specifically for Clay. Tom Farlo was also present.

Supervisor Rupprecht said he liked the proposed earth tones to be used for the building.  He asked if there would be any other tenants, and Mr. Havens said there would be inside the building, but they would not have a separate entrance.

Councilor Edick said he would like to see landscaping, to which Tom Farlo replied that there should be ample landscaping. Councilor Edick said he’d like to see a different shape for the ponds, as he doesn’t like square ones.

Councilor Rowley said he agreed with the Supervisor that the siding of the building should be earth tones.

Councilor Rycraft said he thought it was bland, that the front of the building should be broken up, that the building should be unique, and the signage should identify the store.

Mr. Havens said that they would have a better rendering the next time.

Councilor Edick said he had concerns with the height of the building and would like it lower. Mr. Havens explained that the peaks were meant to break it up.

Supervisor Rupprecht had additional comments. He does not want to see containers in back of the building. Secondly, he suggested that if all the parking was not needed, that they put it in reserve.

There were several questions concerning the construction materials and the walls that would conceal the mechanical equipment.

Another resident voiced concern for the parcels in front that he feels should be bought out.

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

Motion was made by Councilor Edick to adjourn this public hearing to September 6, 2006 to commence at 8:05 P.M. local time. Motion was seconded by Councilor Weaver.

Ayes-6 and Noes-0. Carried.

Zone change (PH-ADJ) - Town Board Case #943 - COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC; and

Zone change (PH-ADJ) - Town Board Case #945 - NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE:

A public hearing to consider the application of COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC for a change of zone from RC-1 REGIONAL COMMERCIAL and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to R-APT
APARTMENT DISTRICT on property located north of State Route 31 and West of the intersection of Dell Center Drive and Laser Drive, consisting of 76± acres, part of Tax Map No. 021.-01-02.3, (proposed Apartments) (Adjourned to this date and time at the June 19th, 2006 Town Board Meeting); and

a public hearing to consider the application of NAPOLITANO ROUTE 31
COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE for a change of zone from R-APT APARTMENT and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL COMMERCIAL on property located at 3838 State Route 31
(four lots) consisting of 22± acres, part of Tax Map Nos. 053. -01-21.1, 053.-01-22.1, 053.-01-23.1 and 053.-01-24.1, (proposed Lowe’s site) (Adjourned to this date and time at the June 19th, 2006 Town Board Meeting.) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Kate Johnson, legal council for COR Development, and Andy Harte, Architect David Mayer, and Michael O’Shea, of QPK were present.

Mr. Harte explained with regard to the Lowe’s store, there will be a six foot berm, with a six foot fence and conifer trees between the store and the elementary school. There will be shade trees and ornamental trees in the parking lot. There will be covered lighting. They also presented another plan, moving the restaurant to the other side, but to do that they had to move the building back and would have to have additional property zoned.

There was a discussion concerning lighting. Councilor Edick commented that he liked the building further back.

Councilor Rycraft referred to the corridor study, which doesn’t support commercial development. He referred to the land on the north side of Route 31 where they could build the Lowe’s store.

Mr. O’Shea discussed the quick brick masonry of the sides of the building, the metal roofing, and the general makeup of the building.

Councilor Rycraft said he was concerned with the residents behind the proposed Lowe’s and what they’ll see.

David Mayer said they would be three football fields plus away and so the back of the building would be diminished. 

The Supervisor asked the applicant to do a visual from the railroad tracks and from the resident’s homes.


Councilor Edick said he didn’t like the blue signage. He said once people go there, they’ll know where it is.

The Supervisor noted that there are other stores, in other towns, that have other designs and he would like to see them. He added that the longer the entrance the better.

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

Motion was made by Councilor Edick to adjourn these public hearings to September 18, 2006 to commence at 7:44 P.M. and 7:47 P.M. respectively, local time. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Districts (drainage)/Project - CHIDO SUBDIVISION:

Councilor Edick moved the adoption of a resolution approving the creation of a drainage district within the Town of Clay to be designated and known as “CHIODO DRAINAGE DISTRICT” (Chiodo Subdivision). Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

The Town Supervisor temporarily stepped down from the Board.

Special Districts (acquire facilities)/Project - CHIDO SUBDIVISION:

Councilor Edick 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 CHIODO SUBDIVISION (Chiodo Drainage District, Contract No. 1 and Allen Road Sewer District, Contract No. 28 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer ANGELO F. CHIODO. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Agreement/Project - CHUCK HAFNER’S GARDEN CENTER PROJECT:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with CHARLES L. HAFNER for the development of the CHUCK HAFNER’S GARDEN CENTER PROJECT. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Special Districts (drainage)/Project - CHUCK HAFNER’S GARDEN CENTER PROJECT:

Councilor Ulatowski moved the adoption of a resolution approving the creation of a drainage district within the Town of Clay to be designated and known as “HAFNER DRAINAGE DISTRICT” (Chuck Hafner’’s Garden Center Project). Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Special Districts (acquire facilities)/Project - CHUCK HAFNER’S GARDEN CENTER PROJECT:

Councilor Ulatowski 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 CHUCK HAFNER’S GARDEN CENTER PROJECT (Hafner Drainage District, Contract No. 1) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer CHARLES L.
HAFNER. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Special Districts (final plans)/Project - CHIDO SUBDIVISION:

Councilor Edick moved the adoption of a resolution approving the Final Plans for the CHIODO SUBDIVISION (Allen Road Sewer District, Contract No. 28 Lateral and Chiodo Drainage District Contract No. 1) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor
Weaver.

Ayes-5 and Noes-0. Carried.

Special Districts (drainage)/Project - THE ESTATES AT WILDFLOWER SUBDIVISION:

No action taken.

Special Districts (water)/Project - THE ESTATES AT WILDFLOWER SUBDIVISION:

No action taken.

Special Districts (acquire facilities)/Project - THE ESTATES AT
WILDFLOWER SUBDIVISION:

No action taken.

The Supervisor took his position on the Board.

Fire Hydrants/Project - LAWTON VALLEY HUNT, SECTION NO. 14:

Councilor Edick moved the adoption of a resolution approving the installation of a three (3) fire hydrants in the Lawton Valley Hunt Water Supply District and authorizing the Supervisor to execute the OCWA fire hydrant application (Lawton Valley Hunt, Section No. 14, Fire Hydrant Nos. 11217, 11218 & 11219). Motion was seconded by Councilor
Ulatowski.

Ayes-6 and Noes-0. Carried.

Fire Hydrants/Project - LAWTON VALLEY HUNT, SECTION NO. 17:

Councilor Edick moved the adoption of a resolution approving the installation of a three (3) fire hydrants in the Lawton Valley Hunt Water Supply District and authorizing the Supervisor to execute the OCWA fire hydrant application (Lawton Valley Hunt, Section No. 17, Fire Hydrant Nos. 11220, 11221 & 11222). Motion was seconded by Councilor
Ulatowski.

Ayes-6 and Noes-0. Carried.

Agreement (loan) - CLAY VOLUNTEER FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving a Loan Agreement between the CLAY VOLUNTEER FIRE DEPARTMENT, INC., and MANUFACTURER AND TRUST COMPANY for the purchase of an American LaFrance Eagle Se Pumper Engine and an American LaFrance Eagle 110 Foot Aerial Truck in an amount not to exceed the principal amount of $963,061.00, plus interest. The sole purpose of the aforesaid approval is the exclusion from federal
income taxation of the interest payable under the Loan Agreement. The obligations of the Fire Company will not be a debt of the State of New York or the Town of Clay, nor shall either entity bear any liability therefore. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Easement - COUNTRY HOLLOW SUBDIVISION:

Councilor Rowley moved the adoption of a resolution accepting a drainage easement from DANIEL GODICI and LAURA GODICI for drainage facilities located within COUNTRY HOLLOW SUBDIVISION located at the intersection of Becker & Caughdenoy Roads, (part of Tax Map No. 036.-02-20.1), all as shown on a final plat prepared by Neil H. Brownell, Licensed Land Surveyor, dated May 3, 2006, revised July 28, 2006. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Deed - COUNTRY HOLLOW SUBDIVISION:

Councilor Rowley moved the adoption of a resolution accepting a deed from DANIEL GODICI and LAURA GODICI for highway purposes located within COUNTRY HOLLOW SUBDIVISION located at the intersection of Becker & Caughdenoy Roads, (part of Tax Map No. 036.-02-20.1), all as shown on a final plat prepared by Neil H.
Brownell, Licensed Land Surveyor, dated May 3, 2006, revised July 28, 2006. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Deed - JHL PROPERTIES SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution accepting a deed from JHL PROPERTIES, INC., for highway purposes located within JHL PROPERTIES SUBDIVISION, located on Maider Road, (part of Tax Map No. 023.-01-03.1 and 03.2) all as shown on a final plat prepared by Robert M. Burleigh, Licensed Land Surveyor dated May 24, 2006. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Mitigation Plan - TOWN OF CLAY ALL-HAZARDS MITIGATION PLAN:

Councilor Edick moved the adoption of a resolution approving the adoption of the TOWN OF CLAY ALL-HAZARDS MITIGATION PLAN, dated December 2005, as the official Town of Clay Mitigation Plan, (as shown on the Town of Clay website) and further resolves to execute the actions in the Plan. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Bid - Local Waterfront Revitalization Program:

Councilor Edick moved the adoption of a resolution authorizing the advertisement of bids for PROFESSIONAL CONSULTING SERVICES TO THE TOWN OF CLAY FOR A LOCAL WATERFRONT REVITALIZATION PROGRAM. Said bids to be received until September 1st, 2006 at 11:00 A.M., local time within the Town of Clay. 
Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Zone change (EIS) - Town Board Case #943 - COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC:

Councilor Ulatowski moved the adoption of a resolution that the application of COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC for a change of zone from RC-1 REGIONAL COMMERCIAL and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to R-APT APARTMENT DISTRICT on property located north of State
Route 31 and West of the intersection of Dell Center Drive and Laser Drive, consisting of 76± acres, part of Tax Map No. 021.-01-02.3, may have a significant effect on the environment and therefore does require the preparation of an EIS. The proposed application for a change of zone for an apartment project may have a substantial adverse change and effect on the following: traffic levels, and drainage. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Zone change (DEIS) - Town Board Case #943 - COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC:

Councilor Ulatowski moved the adoption of a resolution that the Draft Environmental Impact Statement for the application of COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC for a change of zone from RC-1 REGIONAL COMMERCIAL and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to R-APT APARTMENT DISTRICT on property located north of State Route 31 and West of the intersection of Dell Center Drive and Laser Drive, consisting of 76± acres, part of Tax Map No. 021.-01-02.3, having been reviewed by the Town Board with input from the Town Engineers, is complete as to content and is adequate for public review. Motion
was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Zone change (DEIS - CPH) Town Board Case #943 - COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC:

Councilor Rowley moved the adoption of a resolution calling a public hearing September 18th, 2006, commencing at 7:50 P.M., local time to consider further public input with respect to the DRAFT ENVIRONMENTAL IMPACT STATEMENT of the
applicants COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC for a change of zone from RC-1 REGIONAL COMMERCIAL and RA-100
RESIDENTIAL/AGRICULTURAL DISTRICT to R-APT APARTMENT DISTRICT on property located north of State Route 31 and West of the intersection of Dell Center Drive and Laser Drive, consisting of 76± acres, part of Tax Map No. 021.-01-02.3. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Zone change (EIS) - Town Board Case #945 - NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE:

Councilor Rowley moved the adoption of a resolution that the application of NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE for a change of zone from R-APT APARTMENT and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL COMMERCIAL on property located at 3838 State Route 31 (four lots) consisting of 22± acres, (part of Tax Map Nos. 053. -01-21.1, 053.-01-22.1, 053.-01-23.1 and 053.-01-
24.1) may have a significant effect on the environment and therefore does require the preparation of an EIS. The proposed application for a change of zone for commercial development may have a substantial adverse change and effect on the following: traffic levels, air quality, visual impact and drainage. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Zone change (DEIS) - Town Board Case #945 - NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE:

Councilor Ulatowski moved the adoption of a resolution that the Draft Environmental Impact Statement for the application of NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE for a change of zone from R-APT APARTMENT and
RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL COMMERCIAL on property located 3838 State Route 31 (four lots) consisting of 22± acres, (part of Tax Map Nos. 053. -01-21.1, 053.-01-22.1, 053.-01-23.1 and 053.-01-24.1) , having been reviewed by the Town Board with input from the Town Engineers, is complete as to content and is adequate for public review. Motion was seconded by
Councilor Edick .

Ayes-6 and Noes-0. Carried.

Zone change (DEIS -CPH) - Town Board Case #945 - NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE:

Councilor Edick moved the adoption of a resolution calling a public hearing September 18th, 2006, commencing at 7:53 P.M., local time to consider further public input with respect to the DRAFT ENVIRONMENTAL IMPACT STATEMENT of the applicants NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE for
a change of zone from R-APT APARTMENT and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL
COMMERCIAL on property located 3838 State Route 31 (four lots) consisting of 22± acres, (part of Tax Map Nos. 053. -01-21.1, 053.-01-22.1, 053.-01-23.1 and 053.-01-24.1). Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

LOCAL LAW NO. 6 of 2006 (CPH) - Create a Deputy Clerk Position:

Councilor Edick moved the adoption of a resolution calling a public hearing
September 6th, 2006, commencing at 7:44 P.M., local time, to consider proposed LOCAL LAW NO. 6 OF THE YEAR 2006 TO CREATE A DEPUTY CLERK POSITION TO THE TOWN COURT OF THE TOWN OF CLAY. The purpose of this proposed local law is to create a Deputy Clerk to the Town Court pursuant to Civil Service Law Section 41. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

LOCAL LAW NO. 7 of 2006 (CPH) - Parking and Loading:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing September 6th, 2006, commencing at 7:47 P.M., local time, to consider proposed LOCAL LAW NO. 7 OF THE YEAR 2006 AMENDING CHAPTER 230, ‘‘ZONING” BY REPEALING THE PRESENT SECTION 230.21 ENTITLED “PARKING AND
LOADING” AND A NEW SECTION 230.21 ENTITLED “PARKING AND LOADING” TO THE CODE OF THE TOWN OF CLAY. The purpose of this proposed local law is to address land uses established in the Zoning Code and provide parking and loading standards and provisions for reserve and shared parking. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

LOCAL LAW NO. 8 of 2006 (CPH) - Lighting:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing September 6th, 2006, commencing at 7:50 P.M., local time, to consider proposed LOCAL LAW NO. 8 OF THE YEAR 2006 ADDING A NEW CHAPTER 140 ENTITLED “LIGHTING” TO THE CODE OF THE TOWN OF CLAY. The purpose of this proposed Local Law is to set forth definitions, restrictions on installation and operation, standards of operation, exemptions, nonconforming lights and penalties
for offenses with regard to lighting standards in the Town of Clay. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

LOCAL LAW NO. 9 of 2006 (CPH) - Adult Uses:

Councilor Rowley moved the adoption of a resolution calling a public hearing September 6th, 2006, commencing at 7:53 P.M. local time, to consider proposed LOCAL LAW NO. 9 OF THE YEAR 2006 ADDING A NEW CHAPTER 68 ENTITLED “ADULT USES” TO THE CODE OF THE TOWN OF CLAY. The purposes of proposed Local Law No. 9 of the Year 2006 is to preserve the character and quality of life in Town neighborhoods and business areas by controlling documented
harmful and adverse secondary effects of a concentration or proliferation of adult uses on surrounding areas. Also the intent of this Chapter is to maintain property values, prevent crime, protect retail trade, restrict minors’ access to adult uses, and maintain the general welfare and safety for the Town of Clay residents. Motion was seconded by Councilor Ulatowski. 

Ayes-6 and Noes-0. Carried.

Empire Zone (CPH) - COLONY LIQUOR AND WINE DISTRIBUTION:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing September 6th, 2006, commencing at 8:08 P.M. local time, to solicit comments regarding the relocation of COLONY LIQUOR AND WINE DISTRIBUTION from 4583 Buckley Road, Liverpool, New York to 200 Dunn Road, Lyons, New York, pursuant to General Municipal Law, Article 18B, Section 959(a)(iii), into the Wayne County Empire Zone. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Agreement - Town of Clay Police Benevolent Association:

Councilor Rowley moved the adoption of a resolution approving the Agreement between the Town of Clay and the Town of Clay Police Benevolent Association for the years 2006, 2007, 2008, and 2009, and further authorizing the Supervisor to execute same. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Appointment - MOYERS CORNERS FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving the appointment of SCOTT WILKINSON as volunteer member of the MOYERS CORNERS FIRE DEPARTMENT, INC. - STATION 3. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Settlement - Michelle Caruso:

Councilor Rowley moved the adoption of a resolution approving a memorandum of understanding and settlement between the Town of Clay and Angelo and Michelle Caruso in an amount not to exceed $6,989.57 representing proposed costs and expenses for the relocation of utilities and the driveway entrance for property located on Plum Hollow Circle. Also pursuant to the settlement agreement, C&S Engineers will perform
some services at the property including the relocation of a fire hydrant. Subject to the approval of the Town Attorney as to form and content of any releases. Motion was seconded by Councilor Weaver.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 11:26 P.M. upon motion by Councilor Rowley and seconded by Councilor Rycraft. Ayes-6 and Noes-0. Carried.


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