October 16, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 16th 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
David W. Tessier          Commissioner of Planning & Development
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 October 2, 2006. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Cancellations and/or requested adjournments:

There were two requests for adjournments of public hearings, the zone change request for Development Assistance Group, LLC, et al (proposed Amedore Homes site – Route 31)and the zone change request for Syracuse Clay Associates, LLC, et al  (proposed Wal-Mart - Site Routes 31 and 57) Zone Change application.

Correspondence/Other Business:

Michael Giarusso, a Councilman in the Town of Salina, asked the Town of Clay to commit funds towards a shared municipal grant so that land could be bought and a building could be constructed to house the Cicero Can Teen. They would like to have it closer to the school so that it would give teens easier access. They would like to apply for an $800,000 grant and they need other towns to participate with them. They are looking for a one time fee of $15,000 or $20,000. The A town’s commitment, for example,
is ten percent, so to commit to $200,000 would mean a ten percent funding of $20,000 by the town.

The Supervisor noted that the Town has contributed in the past and has raised their contribution to $12,400 already for the year 2007. As to the commitment for the grant, the Board has concerns for the rising costs of the center, and would like to see a proposed budget for the grant.

Budget (IH) - TENTATIVE BUDGET:

An informational hearing to consider the TENTATIVE BUDGET FOR THE TOWN OF CLAY FOR THE YEAR 2007 was opened by the Supervisor. 

Supervisor Rupprecht gave an overview of the Town’s assessments in comparison to other towns and the resulting taxes. Clay does not raise its assessments each year.  Large suburban towns pay more for taxes, but Clay’s tax is the lowest of the 20 largest towns in New York State.

Councilor Rowley explained that the Board has had budget workshops and has made changes. The Town is the 17th largest in the state, has large parks with 71 categories of recreation programs, a full time police department that makes over 17,000 calls a year, and a highway department. The budget is in three parts: General town wide, General outside village and Highway outside village. Councilor Rowley further
explained that the increases in the budget are due to operating cost, i.e. contractual expenses (salaries), benefits etc. Fund balances are a part of prudent budgeting, which allows for unpredictable New York State aid and mortgage tax, a stability of tax rates over time and unforseen emergencies. He ended by stating that the Town’s goal is to maintain stability.

Several residents asked a few questions regarding line items.

Councilor Rowley moved the adoption of a resolution amending the tentative budget as follows: reducing A 1490.1 from $163, 250 to $128,486; increasing A 2610 from $200,000 to $246,000; decreasing B 9010.802 from $154,646 to $131,386; B 9010.805 from $298,403 to $290,620; B 9010.807 from $199,500 to $168,077; increasing Appropriated Fund Balance from $300,000 to $310,000. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously 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 on 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 September 6th, 2006 Town Board Meeting and have requested a further adjournment to November 20th, 2006. Proof of publication and posting was furnished by the Town Clerk.

An adjournment has been requested by the applicant.

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

Motion was made by Councilor Edick to adjourn this public hearing to November 20, 2006 to commence at 7:35 P.M. local time. Motion was seconded by Councilor Ulatowski.

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. Adjourned to this date and time at the September 18th, 2006 Town Board Meeting and have requested a further adjournment to November 6th, 2006. Proof of publication and posting was furnished
by the Town Clerk.

An adjournment has been requested by the applicant.

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

Motion was made by Councilor Bray to adjourn this public hearing to November 6, 2006 to commence at 7:53 P.M. local time. Motion was seconded by Councilor Ulatowski.

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:

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); 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)were opened by the Supervisor. Adjourned to this date and time at the September 18th, 2006 Town Board Meeting. Proofs of publication and postings were furnished by the Town Clerk.

Kate Johnson, legal counsel for the applicants, presented the FEIS comments and responses.

Andrew Hart gave an overview of the changes to the site plan. He also noted that the magnetic fields from the power lines are at acceptable limits.

Councilor Edick asked about the stand of trees and Mr. Hart said that most of them will remain. Councilor Edick then asked if the back portion of the property will be forever wild and Kate Johnson said they would deed restrict it, but there would be detention ponds there.

Carlie Hanson of QPK gave an overview of the changes to the building, which they want to make specific to Clay. They changed the gables, arches, color, windows, decorative lights etc. They want a store with character, not a big box store.

Councilor Edick asked if the additional stores would be cohesive and in character, and Carlie Hanson said yes.

Councilor Bray asked what the length of the building would be and Carlie Hanson said 625 feet to 650 feet. The Supervisor asked for the peak height and Ms. Hanson said 51.7 feet.

Amy Dake, of SRF Associates gave a review of the traffic and the Planning Board’s comments.

John Smith asked about access across the railroad tracks for the proposed apartments and the Supervisor said the railroad was not in favor of it, but that it was still under consideration.

Motion was made by Councilor Edick to adjourn these public hearings to November 6, 2006 to commence at 7:56 P.M. and 7:59 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Contract award - Professional Consulting Services/Waterfront Revitalization Program:

Councilor Bray moved the adoption of a resolution awarding a contract for a PROFESSIONAL CONSULTING SERVICES TO THE TOWN OF CLAY FOR A LOCAL WATERFRONT REVITALIZATION PROGRAM to Plumley Engineering for the sum of $52,835 plus reimbursables, subject to the approval of the New York State Division of Coastal Resources. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Budget - Town of Clay Budget 2007:

Councilor Rowley moved the adoption of a resolution approving the TENTATIVE BUDGET, as modified, for the Town of Clay for the Year 2007 as the TOWN OF CLAY PRELIMINARY BUDGET for the fiscal year commencing January 1st, 2007.  Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Agreement/Project - RIVERWALK SUBDIVISION:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with RIVERWALK ASSOCIATES, INC. for the development of RIVERWALK SUBDIVISION (Riverwalk Sewer District, Contract
No.1 and Riverwalk Drainage District, Contract No. 1). (Riverwalk Subdivision – formerly known as On the Canal) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Budget (CPH) - Special Districts Budget for the year 2007:

Councilor Rowley moved the adoption of a resolution calling a public hearing November 6th, 2005, commencing a 7:35 P.M., local time, to consider the adoption of the proposed 2007 Special Districts Budget for the Town of Clay. Motion was seconded by Councilor Weaver.

Ayes-7 and Noes-0. Unanimously carried.

Budget (CPH) - Fire Budget for the year 2007:

Councilor Rowley moved the adoption of a resolution calling a public hearing November 6th, 2005, commencing a 7:38 P.M., local time, to consider the adoption of the proposed 2007 Fire Budget for the Town of Clay. Motion was seconded by Councilor Weaver.

Ayes-7 and Noes-0. Unanimously carried. 

Budget (CPH) - Uniform Water Budget for the year 2007:

Councilor Rowley moved the adoption of a resolution calling a public hearing November 6th, 2005, commencing a 7:41 P.M., local time, to consider the adoption of the proposed 2007 Uniform Water Budget for the Town of Clay. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Budget (CPH) - Town of Clay Budget for the year 2007:

Councilor Rowley moved the adoption of a resolution calling a public hearing November 6th, 2005, commencing a 7:44 P.M., local time, to consider the adoption of the proposed 2007 Preliminary Budget for the Town of Clay, as the annual budget. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Special District (sewer)/Project (CPH) - RIVERWALK SUBDIVISION:

Councilor Bray moved the adoption of a resolution calling a public hearing November 6th, commencing at 8:02 P.M., local time, to consider a petition for the creation of a sewer district within the Town of Clay to be designated and known as “RIVERWALK SEWER DISTRICT” and for the construction and acquisition of a sewer system to be located therein to be designated and known as “RIVERWALK SEWER DISTRICT, CONTRACT NO. 1”. (Riverwalk Subdivision) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Special District (drainage)/Project (CPH) - RIVERWALK SUBDIVISION:

Councilor Bray moved the adoption of a resolution calling a public hearing November 6th, commencing at 8:04 P.M., local time, to consider a petition for the creation of a drainage district within the Town of Clay to be designated and known as “RIVERWALK DRAINAGE DISTRICT” and for the construction and acquisition of a drainage system to be located therein to be designated and known as “RIVERWALK DRAINAGE DISTRICT, CONTRACT NO. 1”. (Riverwalk Subdivision) Motion was
seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Agreement - Labor Union (clerical):

Councilor Weaver moved the adoption of a resolution to accept the Labor Agreement between THE TOWN OF CLAY CLERICAL AND OFFICE EMPLOYEES and TEAMSTERS LOCAL UNION 317 from January 1, 2006 through December 31st, 2009, and further authorizing the Supervisor to execute same. Motion was seconded by Councilor Rycraft.

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

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

Councilor Ulatowski moved the adoption of a resolution that 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. 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 Edick.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Ulatowski moved the adoption of a resolution approving 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 125’ tall communication tower with related site amenities at 8313 Henry Clay Boulevard, being part of Tax Map No. 060. -02-17. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-2, Councilors Rowley and Rycraft voting no. Carried.

Route 31/57 Corridor Study:

Councilor Ulatowski moved the adoption of a resolution approving the adoption of the recently completed Route 31/57 Corridor Study update as presented to the Town Board and prepared by FRA Engineering, Henrietta, New York, as a planning tool for use as part of the Town’s overall comprehensive planning efforts. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 10:05 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.

Archived Minutes