October 2, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 2nd of October, 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 M. 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 18, 2006. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Cancellations and/or requested adjournments:

None.

Correspondence/Other Business:

None.

Town Budget 2007:

The Town Clerk presented the 2007 TOWN OF CLAY TENTATIVE BUDGET to the Town Board members, pursuant to Town Law.

Supervisor Rupprecht explained that the budget has to be presented to the Town Clerk by September 30th. The budget then has to be presented to the Town Board on or before October 5th.

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. The Town is still waiting for a traffic study from the County.

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

Councilor Ulatowski moved the adoption of a resolution approving 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 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 Edick.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Edick moved the adoption of a resolution approving LOCAL LAW NO. 8 OF THE YEAR 2006 ADDING A NEW CHAPTER 140 ENTITLED “LIGHTING” TO THE CODE OF THE TOWN OF CLAY as proposed. The purpose of this 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 Bray.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Bray moved the adoption of a resolution approving LOCAL LAW NO. 9 OF THE YEAR 2006 ADDING A NEW CHAPTER 68 ENTITLED “ADULT USES” TO THE CODE OF THE TOWN OF CLAY as proposed. The purpose of 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-7 and Noes-0. Unanimously carried.

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

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

Tom Oot gave a brief overview of the project. They feel this property will facilitate the concerns for the property north of this parcel, which is under consideration for a zone change to R-10 One Family Residential, because if traffic needs to go to Waterhouse Road this parcel would enable that to transpire, and an egress and ingress could be constructed. They feel the R-10 fits well with the nearby Industrial zone and is a perfect site for a 278 (clustering). The maximum houses that could be built would be 75, 60 in
the parcel to the north. They are contemplating a walking trail. Because this parcel will grant access to Waterhouse Road, it will give them more options in the planning and design of both properties.

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.  This application will be re-advertized at a later date.

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

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

A public hearing to consider the application of NIAGARA CAR WASH, LLC and ERIKSON 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); and

a public hearing 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 part of 019.-02-29.1) were opened by the Supervisor. Proofs of publication and posting were furnished by the Town Clerk.

Hal Romans, surveyor and planner for the applicant, gave an overview of their plans to construct a car wash. The development of this portion of the parcel will bring sewers to other parcels between their site and Moyers Corners. The small house, that was an embroidery shop is no longer used as one. In 2004 it was an understanding with the Town that if the parcel was sold or the back portion developed that this house would be
removed and any development would bring a shared driveway. He noted that the Commissioner of Planning and Development, David Tessier, advised them to seek a NC-1 Neighborhood Commercial District. The Planning Board’s recommendation will be forthcoming. They plan on splitting the property and having shared access to both businesses. Drainage would go to the back portion of the land.

Supervisor Rupprecht asked to see what the building would look like and Mr. Romans presented pictures to the Board.

Councilor Rowley asked if there would be full ingress and full egress and Mr. Romans said yes. He also inquired about processing of the wash water. John Munch of Niagara Car Wash explained that the wash water goes through an oil/water separator.

Supervisor Rupprecht asked if they could put the doors down if there were complaints of noise and Mr. Munch said they could, however, they have had no complaints regarding noise at any of their other car washes.

Councilor Rycraft asked if they were open twenty four/seven and Mr. Munch said yes. Councilor Rycraft asked about noise and Mr. Munch said the noise washes out, and would not be heard at the funeral home to the west. There will be three bays.

Councilor Ulatowski asked if there would be any sales conducted on the premises and Mr. Munch said only vending machine sales of related cash wash items. He also noted that there will be on site cameras.

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

Councilor Bray voiced concerns about the requirements of an HC-1 Highway Commercial District, and the future businesses that could go in. She feels it is a sever under availability of land.

John Munch said they would deed restrict it if the Board so desired. They feel they will be improving the property.

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

Councilor Edick moved the adoption of a resolution adjourning these public hearings to November 6, 2006 to commence at 7:47 P.M. and 7:51 P.M. (respectively) local time.  Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

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

There was no further input by the applicant.

Two residents from Fairway East stated that they were in favor of the prospect of a convenience store.

Ken Burd presented a petition with 174 signatures of residents against the proposal.

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 (Water) (PH) - NORTH AREA WATER SUPPLY DISTRICT, EXTENSION NO. 1:

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

The Town Engineer, Douglas Wickman gave an overview of the project. It is proposed that the cost per home will be $185.00 a year, the cost per vacant lot $92.50 a year. If a fee is paid in advance, before October 31, 2006 of $1,850 ($1300 plus $550 payable to OCWA) to connect, the cost would then be $185.00 per year for twenty years.  Connecting before October 31, 2006 and paying the connection fee on an annual basis,
the total charge will be $395.00 ($185.00 plus $150.00) per year for twenty years. 

Mr. Tweedy said he has a problem with the transportation charge. He feels it is an arbitrary figure.

Supervisor Rupprecht explained that it is the policy of the Town Board that all future districts will pay transportation charges.

Mr. Tweedy contented that since there is no cost to the Town why charge a transportation charge. He feels the Town is imposing a tax.

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 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 September 18th, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

The Supervisor noted that there was an issue outstanding regarding dropped calls.

Daniel Silber presented a chart showing dropped calls. He also stated that if the Board wants a monopole communications tower that’s what they’ll construct. It will be naturally screened.

Councilor Edick questioned the need for a 150 foot tower, suggesting they lower it to 100 feet. Mr. Silber disagreed, stating they are asking for 150 feet because that’s what they need to cover the gap in coverage for their subscribers.

Councilor Bray queried as to how may calls are not dropped. Mr. Silber did not have that information.

Mr. Tweedy commented that it was better to build one tall tower rather than two or three smaller ones.

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. 

Appointment - MOYERS CORNERS FIRE DEPARTMENT, INC.: 

Councilor Rowley moved the adoption of a resolution approving the appointment of JON CLEMENTS, DUSTIN SADDOCK, and BRYAN SKIPWORTH at STATION 1; JAMES TRUDELL and DAVID WARD at STATION 2; KEVIN CHURA, DOMINICK DALOIA, PASCAL FIELD and JOSEPH MONTAGUE at STATION 3; and KEVIN McGOWAN at STATION 4 as volunteer members of the MOYERS
CORNERS FIRE DEPARTMENT, INC. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Bid Award - Professional Consulting Services/Waterfront Revitalization Program:

No action taken.

Councilor Bray explained the Board just received two proposals and needed time to review them.

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

Councilor Ulatowski moved the adoption of a resolution awarding a three year contract for THE COLLECTION AND DISPOSAL OF BRUSH FOR CLAY BRUSH REMOVAL DISTRICT NOS. 2, 3, AND 4 within the Town of Clay to Syracuse Haulers for the low bid of $568,656.00. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Ulatowski moved the adoption of a resolution awarding a three year contract for THE COLLECTION AND DISPOSAL OF BRUSH FOR CLAY BRUSH REMOVAL DISTRICT NOS. 5, 7, AND 8 within the Town of Clay to Last Chance Recycling for the low bid of $514,606.26. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution approving 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 Bray.

Ayes-6 and Noes-1, Councilor Ulatowski voting no. Carried.

Lighting - LAWTON VALLEY HUNT TRACT:

Councilor Bray moved the adoption of a resolution authorizing the installation of fifteen (15) 100 watt high pressure sodium fixture on 16’ fiberglass embedded poles to illuminate CAIRNS TRAIL and LUCKNOW DRIVE within SECTION NO. 12 and BINGLEY LANE and RAVENSTHORPE WAY within SECTION NO. 13 of LAWTON VALLEY HUNT TRACT. The estimated annual cost of $3,375.00 is to be added to the CLAY CONSOLIDATED LIGHTING DISTRICT NO. 2 for underground lights. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried. 

Town Budget 2007/Tentative (CIH):

Councilor Rowley moved the adoption of a resolution calling an informational hearing October 16th, 2006, commencing at 7:33 P.M., local time, to consider the TENTATIVE BUDGET FOR THE TOWN OF CLAY FOR THE YEAR 2007.  Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Other business:

David Arnold read a letter in opposition to the Lowes store going in near the Elementary School and presented the copy of the COR Laser Drive Company, LLC and Napolitano Route 31 Company LLC DEIS in which he made numerous notations.

Adjournment:

The meeting was adjourned at 10:15 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.


Archived Minutes