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

PRESENT:

Mark J. Rupprecht       Supervisor
James J. Rowley          Councilor/Deputy Supervisor
Clarence A. Rycraft     Councilor
Naomi R. Bray            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
Mary Moskowitz          Planner
Robert M. Germain      Town Attorney
Douglas R. 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 Regular Town Board Meeting held on August 21, 2006. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Cancellations and/or requested adjournments:

Commissioner Tessier stated that Mr. Emmi is requesting an adjournment.

Correspondence/Other Business:

Mr. Dukat took issue with Mr. Emmi’s zone change request, adding that if Mr. Emmi’s request is approved, he expects his own property’s zoning be changed also. He had further issues with regard to the zone change request at 8202 Morgan Road. He feels no one at the Town will tell him where the storm water will go. He said that no storm water is draining onto his property now, and said that if it drains onto his property later he’ll dam it up. The Supervisor noted that he had told Mr. Dukat at a previous meeting to contact the engineer and he would answer his questions regarding drainage.

Zone change (SEQR) - Town Board Case #932 - SUBDIVISIONS, INC., ROBERT BENEVENTO and JASON THOMAS:

No action taken.

Zone change (decision) - Town Board Case #932 - SUBDIVISIONS, INC., ROBERT BENEVENTO and JASON THOMAS:

No action taken. Supervisor Rupprecht explained that there would be no vote tonight, as the Town is waiting for information from Onondaga County.

Zone change (PH-ADJ) - Town Board Case #938 - STEVEN GEIGER and DONALD J. and MARY ANN GABOR:

A public hearing to consider the application of STEVEN GEIGER and DONALD J. And MARY ANN GABOR for a change of zone from RA-100 Agricultural/Residential District to NC-1 Neighborhood Commercial District on property located at 8150 Morgan Road, (Tax Map No. 070.-01-07.1) 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 asked what the maximum build out would be and Attorney Ventre, who is representing the applicant, said he didn’t believe it would be over 20,000 square feet, 22,000 square feet at the most.

Councilor Rowley voiced concerns for Waterhouse Road. Supervisor Rupprecht said the Town has plans to repair it. Councilor Edict added that he has concerns for traffic control and what plans there might be for a traffic light.

A resident commented that perhaps changes in traffic control and widening of Waterhouse Road should come before property is developed.

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 October 2, 2006 to commence at 7:43 P.M. local time. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

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

A public hearing 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 position to the Town Court pursuant to Civil Service Law Section 41 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht explained that the Town received permission from the County to increase the justice office personnel by two positions. Now the State wants a local law.

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. 7 of 2006 (PH) - Parking and Loading:

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

Commissioner Tessier gave an overview of the changes to the size of parking spaces, and handicap parking spaces to give the Planning Board more power to require more spaces.

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. 8 of 2006 (PH) - Lighting:

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

Commissioner Tessier gave an overview of the proposed lighting ordinance. The zoning committee felt there should be a stand alone section in the code for lighting, which was included under signs.

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. 9 of 2006 (PH) - Adult Uses:

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


Supervisor Rupprecht explained that one of the issues, that needed to be addressed when the new code was compiled, was adult uses. A committee was formed to review other towns approach to this use and to develop a code for Clay. The Supervisor noted each member of the committee and said he appreciated there work toward establishing a Local Law for the Town.

Commissioner Tessier gave an overview of the ordinance, explaining that its intent is to preserve the character and quality of the neighborhoods. The Town has to determine where you do and where you don’t want these uses. Distances needed to be determined.  He added that he felt this ordinance was well written.

The Supervisor asked if the ordinance needs a County referral and Commissioner Tessier said yes.

A resident asked why the Town just couldn’t ban adult uses and Supervisor Rupprecht explained that the State and Federal laws prohibit banning the use.

Reverend Hertwick said he feels the Town needs to be proactive and that this use needs to be addressed. He is in favor of the Local Law.

Mary Moskowitz pointed out the proposed locations for that use. They would be allowed in certain portions of the Woodard Industrial Park.

The Supervisor said the Town would be accepting written public comments for ten days.

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 #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, (on the west side, between Wetzel Road and the railroad tracks, consisting of 1.84 acres - (part of Tax Map No. 081. -29-11) was opened by the Supervisor. Adjourned to this date and time at the August 21st, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

As stated by Commissioner Tessier at the beginning of the meeting, Mr. Emmi has requested an adjournment as he is trying to determine exactly how he wants to proceed.

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 18, 2006 to commence at 8:02 P.M. local time. Motion was seconded by Councilor Edick. 

Ayes-7 and Noes-0. Carried.

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

Special Districts (water)/Project (PH) - 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”and

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. Adjourned to this date and time at the August 21st, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

Doug Beachel, Land Manager for Eldan Homes gave an overview of the project. Their project includes ten lots, but the water district is to serve five lots. Supervisor Rupprecht noted that the legal description needs to be modified for the water district, as the transportation charges were not included.

Councilor Weaver asked if the drainage would flow towards Shaver Creek and Mr. Beachel said that some of it would.

Mr. Florczyk asked how it would affect his air lane and runway for his airport and Mr. Beachel said their project was within FAA regulations.

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 hearings were closed. 

The Supervisor called for a brief recess. Moments later the meeting was called back to order.

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. Adjourned to this date and time at the August 21st, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

Attorney Steve Primo, Tom Farlo, Hal Havens and Tom Lucy were there to represent the applicant.

Hal Havens exhibited a new picture of what they would like their store to look like. He said it was designed specifically for Clay. He reviewed the colors of the brick, signage, height, and landscaping.

Councilor Edick remarked that in his opinion, four trees were not enough landscaping.  Mr Havens said they have a more comprehensive plan for the landscaping that they would present later. They have also enlarged their dock area and there new plan and added container storage.

Attorney Primo said they were not prepared to address traffic on September 18th. Also, they will revise the architectural design of the building and present that later.

Doug Wickman, Engineer for the Town, stated that he had a pretty good idea about how the drainage for the site will be managed and it will be further determined at the Planning Board level.

Attorney Primo said that they could present the revised architecture, landscaping, site plan, pond sizes and more detail at the October 16th meeting. Mr. Farlo added that he would like to get the traffic study done also.

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 October 16, 2006 to commence at 7:35 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

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

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

The Supervisor explained that when a business has an Empire Zone status, the Town has to give permission to allow the company to relocate to the Empire Zone in Wayne County.

Mr. Yost of Colony Liquor and Wine Distribution said that 50 of their employees will remain in the Town.

The Supervisor said he was disappointed that the distribution was moving out of Clay and that the Town is losing some of the jobs.

Councilor Edick queried as to why they were leaving Clay and Mr. Yost said it was logistics. They serve 32 counties and Lyons is more centrally located.

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. 6 of 2006 - Create a Deputy Clerk Position:

Councilor Rowley moved the adoption of a resolution approving 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 position to the Town Court pursuant to Civil Service Law Section 41. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried. 

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

Councilor Bray moved the adoption of a resolution approving 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) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Ulatowski moved the adoption of a resolution approving 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” contingent on adding required transportation charges. (The Estates at Wildflower Subdivision)  Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Special Districts (water/drainage)/Project - THE ESTATES AT WILD-FLOWER 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 THE ESTATES AT WILDFLOWER SUBDIVISION (The Estates at Wildflower Drainage District, Contract No. 1 and The Estates at Wildflower Water Supply District) ) in accordance with the terms and conditions of a certain Agreement
entered into between the Town of Clay and the developer ELDAN HOMES, INC. (The Estates at Wildflower Subdivision) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Empire Zone - COLONY LIQUOR AND WINE DISTRIBUTION:

Councilor Ulatowski moved the adoption of a resolution approving 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 Bray.

Ayes-7 and Noes-0. Unanimously carried.

Bid - Professional Consulting Services/Waterfront Revitalization Program:

No action taken. No bids were received.

Agreement/Project - KINNEY DRUG STORE AT NORTH MEDICAL CENTER:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with JOHN A. MEROLA for the development of KINNEY DRUG STORE AT NORTH MEDICAL CENTER (Allen Road Sewer District, Contract No. 29 Lateral and North Medical Drainage District, Contract No. 2
Lateral). (Kinney Drug Store Project) Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Special Districts (sewer) /project (CPH)- KINNEY DRUG STORE AT NORTH MEDICAL CENTER:

Councilor Bray moved the adoption of a resolution calling a public hearing September 18th, 2006, commencing at 7:56 P.M., local time, to consider a Petition for the construction and acquisition of a lateral sewer system located within the Allen Road Sewer District, to be designated and known as “ALLEN ROAD SEWER DISTRICT, CONTRACT NO. 29 LATERAL.” (Kinney Drug Store Project) Motion was seconded
by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Special Districts (drainage) /project (CPH)- KINNEY DRUG STORE AT NORTH MEDICAL CENTER:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing September 18th, 2006, commencing at 7:59 P.M., local time, to consider a Petition for the construction and acquisition of a lateral drainage system located within the North Medical Drainage District, to be designated and known as “NORTH MEDICAL DRAINAGE DISTRICT, CONTRACT NO. 2 LATERAL.” (Kinney Drug Store Project) Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Zone change - Town Board Case #949 (CPH) - DONALD J. GABOR and MARY ANN GABOR:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing October 2nd, 2006, commencing at 7:35 P.M., local time, to consider the application of DONALD J. GABOR and MARY ANN GABOR for a change of zone from RA-100 Residential/Agricultural District to R-10 One-Family Residential District on a portion of property located at 8150 Morgan Road, (part of Tax Map No. 070.-01-07.1). Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Zone change - Town Board Case #950 (CPH) - NIAGARA CAR WASH, LLC and ERICKSON LAND COMPANY, INC.:

Councilor Edick moved the adoption of a resolution calling a public hearing October 2nd, 2006, commencing at 7:38 P.M., local time, to consider the application of NIAGARA CAR WASH, LLC and ERICKSON LAND COMPANY, INC. for a change of zone from RC-1 Regional Commercial District and O-2 Office District to HC-1 Highway Commercial District on properties located at 3567 and 3571 State Route 31, (Tax Map Nos. 019.-02-28.1 and 019.-02-29.1). Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Special Permit - Town Board Case #951 (CPH) - NIAGARA CAR WASH, LLC:

Councilor Edick moved the adoption of a resolution calling a public hearing October 2nd, 2006, commencing at 7:41 P.M., local time, to consider the application of NIAGARA CAR WASH, LLC, for a SPECIAL PERMIT to OPERATE AN AUTOMOBILE CAR WASH FACILITY on a portion of properties located at 3567 and 3571 State Route 31, (Tax Map Nos.019.-02-28.1 and 019.-02-29.1). Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Bid - Professional Consulting Services/Waterfront Revitalization Program:

Councilor Bray moved the adoption of a resolution authorizing the readvertisement of bids for PROFESSIONAL CONSULTING SERVICES TO THE TOWN OF CLAY FOR A LOCAL WATERFRONT REVITIALIZATION PROGRAM. Said bids to be
received until September 15th, 2006 at 11:00 A.M., local time within the Town of Clay. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 10:10 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.



Archived Minutes