September 18, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 18th 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
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 September 6, 2006. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Cancellations and/or requested adjournments:

Town Planner Mary Moskowitz announced that DEVELOPMENT ASSISTANCE GROUP, LLC etc. asked for an adjournment and MARK EMMI and CARMEN EMMI are going to amend their request.

Correspondence/Other Business:

None.

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

Daniel Silber and Coleman Burke were present to represent the applicant. Mr. Silber gave an overview of the other locations the Board suggested they consider. The problem they encountered with other sites is that they did not give the coverage needed, or were too close to other towers which would create interference with the frequencies of the other towers. They looked at the possibility of lowering the tower’s height, but it would
reduce the coverage. The power line towers are not desirable possibilities, because if repairs need to be made to their tower the power company would have to power down and the power company only powers down once or twice a year. Their cell tower would be out of commission until then. The Crown site may work, they could co-locate there, but it doesn’t give them the needed coverage. There are power line towers in the Town of Lysander, but they find it difficult to come to an agreement with the New York State Power Authority. They believe the Moyers Corners site is still the best and would afford them a more complete coverage. The Moyers Corners site would be more removed and trees would screen most of it, although the tower would go above them. Mr. Silber gave a presentation showing pictures with a stealth at 120 feet and 150 feet. He said they are
still evaluating locations and were not ready to continue with this hearing, and would like to table it.

The Supervisor voiced concern that the Town is getting the brunt of an unsightly tower for coverage that is mostly in another town. He said he would not approve a lattice tower, that it would have to be a monopole.

Dr. Michael Shaw noted that it wouldn’t detract from the neighborhood if they put it in the power lines tower.

Mr. Silber said they would include the opportunity for co-locators on their tower below their arrays. They will readvertise when they are ready.

The Supervisor closed the public hearing.

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

Daniel Silber and Coleman Burke were present to represent the applicant. Mr. Silber explained that they have received a variance from the Zoning Board of Appeals and have been before the Planning Board. He noted also that the Onondaga County Planning Board had recommended disapproval, but when the applicant moved the tower further back they changed their recommendation to approval.

Councilor Edick took his place on the Board.

Mr. Silber gave an overview of the communications tower at 150 feet and the coverage. To lower it to 120 feet would lessen the coverage desired. They looked at alternate sites, such as the power lines, but there is less coverage.

Councilor Rycraft voiced concern as to the number of arrays on the tower, and asked if
they were just constructing the tower for themselves only. Mr. Silber explained that coverage is site specific, but if another company could use a lower position on their tower they could co-locate. However, each company has its own network. There are no other sites that would provide the coverage they need.

Councilor Bray questioned the other proposed sites on their map and asked if they would be future requests. Mr. Coleman stated that some will be co-locations.

Mr. Silber went over other sites they have considered, which didn’t give them the needed coverage, or the tower would be more visible. At another location the topography was a problem. Using a power line tower presents the problem that any repairs can only be made when the power company powers down which is usually once or twice a year.

Councilor Edick suggested building a tower so that others could co-locate on it and Mr. Silber explained that they only ask for the height they need, and if another company can co-locate at a lower site on the tower, that was acceptable. If they needed a higher height, they would have to apply to the Town for approval.

Dave Arnold said he talked to Nationalgrid workers and they said they allow co-location on their towers, but find they can’t work with Verizon.

A resident who lives and drives through their gap area said she has no problem with dropped calls.

The Supervisor asked Mr. Silber if they had any supporting information to show that they have had complaints regarding dropped calls. Mr. Silber said they wouldn’t ask for a communications tower if they didn’t need it.

Russ Mitchell said that he’s gone to several meeting and listened to applicants requests and feels that once the tower is built, people won’t even see it after a while, unless they consciously look for it. He noted that cell phones are being used more and more.

Councilor Rowley stated that he wants a monopole tower.

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

Councilor Edick moved the adoption of a resolution adjourning the public hearing to October 2, 2006 to commence at 7:49 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

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 August 21st, 2006 Town Board Meeting. 

The applicant has requested an adjournment. Supervisor Rupprecht asked if there were any comments or questions and there were none.

Councilor Ulatowski moved the adoption of a resolution adjourning the public hearing to October 16, 2006 to commence at 7:37 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously 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; and Zone change (DEIS) - Town Board Case #943 - COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC; and

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:

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

a public hearing to consider 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 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.; and

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

Kate Johnson, legal counsel for COR said they will be asking to close the SEQR (State Environmental Quality Review so written comments could be asked for and received. The letters and written comments can therefor be included in the final impact statement. She explained that most of their presentation tonight would be traffic impact.

Supervisor Rupprecht noted that a representative from FRA the engineering firm that will be reviewing the applicant’s traffic statement for the Town was present.

Amy Dake of SRF Associates, representing the applicant, gave an overview of the traffic impact of the two parcels. The traffic would decrease if the north parcel is used for apartments and will increase if the south side is commercial. Combined, the overall impact would generate less new vehicle trips.

Kate Johnson stated that the applicant would be willing to down zone the acres (approximately 26) not needed for the Lowes and the restaurant out parcel to RA-100 Residential Agricultural, or covenant it, or make it forever wild.

Councilor Edick said he would like the front part of the property staked out.

Amy Dake went on to explain that the traffic study included seven intersections. Lanes and traffic signals will have to be modified to accommodate the development. She went over the service levels, showing their present rating and what they project will be the service level with the development of these parcels, “A” rating being the best and the “F”
rating being the worst.

The Supervisor announced that he was not feeling well and stepped down from the Board. Deputy Supervisor Rowley took over the meeting.

Councilor Bray asked if Dell Center Drive was a Town Road and noted that it may have to be widened. It is a Town road, but Amy Dake said the developer would take care of that.

Councilor Rycraft questioned why they wouldn’t be using the extra approximately 26 acres. Kate Johnson said they have to do some mitigation for wet lands, plus some will be used for drainage.

Russ Mitchell said he didn’t see the south side project (Lowes) being a problem. He said at first he was opposed, but he was now in favor, especially since there will be a berm, trees and a fence between the school and the proposed Lowes.

Dave Arnold said he felt the construction would be a distraction to the students and added that he was concerned with traffic and drainage.

Councilor Ulatowski pointed out that the berm, fence and trees would go in before construction started, and Kate Johnson confirmed that the visual barrier would go in first.

Andy Hart, of Bergman Associates, gave an overview of the drainage, noting that they will be reducing the flow.

Councilor Bray voiced her concern regarding the apartments proposed on the north side, because there will only be one way in and out. She feels there needs to be better exiting than just Dell Center Drive.

Steve Aldrich of FRA said he would like a two week comment period for the DEIS.

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

Deputy Supervisor Rowley closed the public hearings for the DEIS for COR LASER DRIVE COMPANY, LLC etc. and NAPOLITANO ROUTE 31 COMPANY, LLC etc. There will be a twelve day comment period regarding the DEIS.

Councilor Rycraft moved the adoption of a resolution adjourning the public hearing for the change of zone for COR LASER DRIVE COMPANY, LLC to October 16, 2006 to commence at 7:39 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Councilor Rycraft moved the adoption of a resolution adjourning the public hearing for the change of zone for 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 to October 16, 2006 to commence at 7:41 P.M. local time. Motion was
seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Special Districts (sewer) /project (PH)- KINNEY DRUG STORE AT NORTH MEDICAL CENTER; and

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

A public hearing 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) and

a public hearing 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) were opened by the Deputy Supervisor.  Proofs of publication and posting was furnished by the Town Clerk.

Greg Sgromo gave a brief overview of the proposed sewer and water to serve two properties.

It is proposed to construct approximately 625 lineal feet of sanitary sewers and 600 feet of storm sewers to serve the proposed Kinney Drug Store at the North Medical Center complex.

Deputy Supervisor Rowley 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.

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

The applicant will be amending their application.

Deputy Supervisor Rowley asked if there were any comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed. 

Appointment - CLAY VOLUNTEER FIRE DEPARTMENT, INC.:

Councilor Ulatowski moved the adoption of a resolution approving the appointment of JAMES M. LANTZ, ERIC E. NICHOLAS and RONALD H. PATTERSON, II as volunteer members of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Bid - Professional Consulting Services/Waterfront Revitalization Program:

No action taken. No bids were received.

Special Districts (sewer/drainage)/Project - KINNEY DRUG STORE AT NORTH MEDICAL CENTER PROJECT:

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 KINNEY DRUG STORE AT NORTH MEDICAL CENTER PROJECT (Allen Road Sewer District, Contract No. 29 Lateral and North Medical 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 JOHN A. MEROLA. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Bid Advertizement/Special Districts (brush) - CLAY BRUSH REMOVAL DISTRICT NOS. 2, 3, AND 4:

Councilor Ulatowski moved the adoption of a resolution authorizing the advertisement of bids for THE COLLECTION AND DISPOSAL OF BRUSH FOR CLAY BRUSH REMOVAL DISTRICT NOS. 2, 3, AND 4 within the Town of Clay. Said Bids to be received until October 2nd, 2006 at 11:00 A.M., local time. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Bid Advertizement/Special Districts (brush) - CLAY BRUSH REMOVAL DISTRICT NOS. 5, 7, AND 8:

Councilor Ulatowski moved the adoption of a resolution authorizing the advertisement of bids for THE COLLECTION AND DISPOSAL OF BRUSH FOR CLAY BRUSH REMOVAL DISTRICT NOS. 5, 7, AND 8 within the Town of Clay. Said Bids to be received until October 2nd, 2006 at 11:00 A.M., local time. Motion was seconded by
Councilor Bray.

Ayes-6 and Noes-0. Carried.

Special Districts /Water (CPH) - NORTH AREA WATER SUPPLY DISTRICT, EXTENSION NO. 1:

Councilor Bray moved the adoption of a resolution calling a public hearing October 2nd, 2006, commencing at 7:46 P.M., local time, to consider a petition for the extension of a water supply system within the North Area Water Supply District to be designated and known as “NORTH AREA WATER SUPPLY DISTRICT, EXTENSION NO. 1”. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Authorization/Funding - New York State Office of Children & Family
Services:

Councilor Edick moved the adoption of a resolution authorizing application for 2007 funding for New York State Office of Children & Family Services (formerly NYS Division for Youth) which includes the Town of Clay Recreation Department in the amount of $17,069.00 and the Clay Police Department in the amount of $15,210.00.  Total State aid requested would be $32,279.00 and further authorizing the Supervisor to apply for and execute a State Aid Voucher for the year 2007. Motion was seconded
by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Personnel/Police Department - Rate increase:

Councilor Ulatowski moved the adoption of a resolution approving the increase in rate for part-time patrol officers to $25.00 per hour, the present rate is fixed and will not be subject to the cost of living or other pay adjustments into the future. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Bid Readvertisement - 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 30, 2006 at 11:00 A.M. local time. Motion was seconded by Deputy Supervisor Rowley.

Ayes-6 and Noes-0. Carried.

Authorization - N.O.V.A.:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to expend $5,000.00 in support of N.O.V.A. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Authorization - Clay Sanitary Sewer Investigation Project:

Deputy Supervisor Rowley moved the adoption of a resolution authorizing the Supervisor to enter into an agreement with C & S Engineers, Inc. for a sum not to exceed $94,000 for the Clay Sanitary Sewer Investigation Project. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 10:56 P.M. upon motion by Councilor Bray and seconded by Deputy Supervisor Rowley. Ayes-6 and Noes-0. Carried.

Archived Minutes