November 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 November, 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 October 16, 2006. Motion was seconded by Councilor Weaver.

Ayes-7 and Noes-0. Unanimously carried.

Cancellations and/or requested adjournments:

DEVELOPMENT ASSISTANCE GROUP, LLC is requesting an adjournment.

Correspondence/Other Business:

With much regret, Supervisor Rupprecht announced his resignation as Supervisor effective November 19, 2006. He gave a state of term report noting the accomplishments in the Town, under his leadership, since his tenure as Supervisor. There is the Three Rivers Project, acquiring land for a town park near Lock 23 on Black Creek Road, the new zoning code, a disaster mitigation plan (due to efforts by Victoria Rinefierd), the newly constructed Town Hall, and the Main Street Program, an idea of his own.

Councilor Rowley noted that the Town will honor him more formally and commended him on his leadership bringing the Town forward. He said he would miss him. Councilor Rycraft complimented him for making the town a better place; Councilor Bray noted that it was a wonderful journey under his leadership; Councilor Ulatowski said he had learned a great deal from him; Councilor Edick also noted that he had learned a lot from him, and Councilor Weaver said he had done a good job as Supervisor, that he was a hard worker for the Town and its employees. They all wished him the best.

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

A public hearing to consider the adoption of the proposed 2007 Special Districts Budget for the Town of Clay was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

John Shehadi, the Commissioner of Finance, gave an overview of the Special Districts Budget, which covers sewer, drainage, water, lighting, refuse, and brush districts. Individual lighting districts have now been consolidated into overhead and underground. 

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.

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

A public hearing to consider the adoption of the proposed 2007 Fire Budget for the Town of Clay was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Councilor Rowley explained that the Town contracts with five fire companies, Moyers Corners Fire, Department, Inc., Clay Volunteer Fire Department, Inc., North Syracuse Fire Department, Caughdenoy Fire Department, and the Brewerton Fire Department. The Town pays for Workers’ Compensation for Moyers Corners and Clay. The fire tax is established at $20.69 per thousand assessment, from last year’s tax established at $19.76 per thousand assessment.

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.

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

A public hearing to consider the adoption of the proposed 2007 Uniform Water Budget for the Town of Clay was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

John Shehadi, Commissioner of Finance, gave an overview of the water budget, explaining that the department is self sufficient. A greater portion of the Town pays the Onondaga County Water Authority for its water. A smaller portion of the Town buys their water from the Town, who buys the water from the Onondaga County Water Authority (OCWA). 

Councilor Rycraft noted that the salary for the Water Superintendent will be increased to $50,600.

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.

Budget (PH) - Preliminary Town Budget for the year 2007:

A public hearing to consider the adoption of the proposed 2007 Preliminary Budget for the Town of Clay, as the annual budget was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Councilor Rowley gave an overview of the Town Budget. He explained that there is a 6 1/4% increase in spending, but a tax rate increase of 5½%. Last year the tax was $47.85 per thousand of assessment, and this year the tax is $50.50 per thousand of assessment.

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 - 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. (Both adjourned to this date and time at the October 2nd, 2006 Town Board Meeting.) Proof of publications and postings were furnished by the Town Clerk.

Hal Romans gave a brief presentation, noting that the Zoning Board of Appeals gave them their requested variances with the conditions that they receive approval from the Town Board for their change of zone, that they bring the sewers from Route 57 to this property, allowing parcels along that stretch of Route 31 to tie in, and bring the sewer across so that the neighbor to the west, Maurer’s Funeral Home could tie in if they so desired.

Councilor Rycraft questioned noise and traffic. Mr. Munch, representing Niagara Car Wash, said they have not had any complaints at any of their other car wash sites.

Councilor Bray said she appreciates the fact that they’re trying to improve the property, but she is very uncomfortable with the size of the parcels, which are drastically under code.

Dave Arnold said he would prefer that it remain zoned as office use.

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.

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

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). Adjourned to this date and time at the October 16th, 2006 Town Board Meeting.

The applicant has requested an adjournment.

Councilor Bray moved the adoption of a resolution adjourning this hearing to November 20, 2006 to commence at 7:41 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 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) were opened by the Supervisor. Both adjourned to this date and time at the October 16th, 2006 Town Board Meeting. Proof of publications and postings were furnished by the Town Clerk.

Kate Johnson, legal counsel for COR Development, addressed the status of the FEIS concerning the comments they have received on it. She also noted that they have received a letter from the Liverpool School District Office stating they do not object to the parcel being commercial, but would like a fence along the School property line to continue to the rear of the site.

Supervisor Rupprecht stated that the FEIS has been sent to FRS Engineering and the Town expects their review soon.

Councilor Edick asked if the property behind the store would be forever wild. Attorney Johnson replied that a water detention area will go there, but they would covenant that portion to be forever wild. Councilor Edick said he would like the detention ponds landscaped. He said he was still concerned about the height of the building, that it doesn’t need to be that tall. In addition, regarding the proposed apartments zone change request, would they consider office zoning instead. Attorney Johnson said they would, that they were just trying to find something that will fit in with the corridor study. She added that they have submitted an additional application to cover moving the building further back on the property.

Councilor Rowley said he feels the key issue is traffic and how it fits with the other proposed developments.

Councilor Rycraft voiced concern about the magnetic fields under the power lines.

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

Councilor Bray moved the adoption of a resolution adjourning the public hearings to November 20, 2006 to commence at 7:44 P.M. and 7:47 P.M. (respectively) local time. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

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

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

Mark Parish, who is representing the applicant, gave an overview of the proposed sewer district. The property is along the Oneida River. It is proposed to construct 12,470 linear feet of 8-inch diameter sanitary sewers. The facilities will be dedicated to the Town of Clay at no cost for operation and maintenance. The estimated project cost is $700,000 and will be paid for by the developer. 

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 District (drainage)/Project (PH) - RIVERWALK 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 “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) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Mark Parish, who is representing the applicant, gave an overview of the proposed drainage district. It is proposed to construct approximately 10,300 linear feet of storm sewers, 120 linear feet of 3' by 12' concrete box culvert, three stormwater management areas, 1,900 linear feet of sump pump discharge pipe, swales etc.

Councilor Weaver said he had concerns with the drainage and the natural stream. People will fill it with grass clippings, etc. The posted wetlands will have restrictions.

Doug Wickman, the Town Engineer, said the Town should have an easement, so that they could maintain it in the future. He said the present conditions are a base line and that needs to be documented well, so they would know in the future when maintenance is needed.

The Supervisor said that some of the Board members would like to see the property and where the stream goes down through it.

Michael Bragman, the developer, stated that only 115 acres of the 215 are going to be developed.

A discussion followed regarding the stream and drainage flow through it 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 the public hearing to November 20, 2006 to commence at 7:47 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Unsafe buildings - 3382 Maider Road: 

Councilor Edick moved the adoption of a resolution declaring the buildings located on real property commonly known as 3382 Maider Road, Tax Map No. 017.-03-01.0, “as unsafe buildings” pursuant to the Code of the Town of Clay, Chapter 86, Unsafe Buildings. The Town Board hereby acknowledges that the property has been inspected by the Commissioner of Planning & Development and has received notice of the purported defects; and further authorizes the Town Attorney to take whatever legal action necessary to rectify the situation. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.


Authorization/Unsafe buildings - 3382 Maider Road: 

Councilor Bray moved the adoption of a resolution authorizing the Town Supervisor to take action on behalf of the Town of Clay in Supreme Court to enforce Chapter 86 Unsafe Buildings, Section 86-9, for an order to determine that the buildings are a public nuisance and directing that they should be repaired or removed with respect to 3382 Maider Road. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Budget - Special Districts Budget for the year 2007:

Councilor Edick moved the adoption of a resolution approving and adopting the 2007 Special Districts Budget for the Town of Clay, as proposed. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Budget - Fire Budget for the year 2007:

Councilor Rowley moved the adoption of a resolution approving and adopting the 2007 Fire Budget for the Town of Clay, as proposed. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Budget - Uniform Water Budget for the year 2007:

Councilor Rycraft moved the adoption of a resolution approving and adopting the 2007 Uniform Water Budget for the Town of Clay, as amended. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Budget - Town Budget for the year 2007:

Councilor Rowley moved the adoption of a resolution approving and adopting the 2007 Preliminary Budget for the Town of Clay, as the Town of Clay Budget for the Year 2007, as proposed. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.


Special District (sewer)/Project - RIVERWALK SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution approving the creation of a sewer district within the Town of Clay to be designated and known as “RIVERWALK SEWER DISTRICT, CONTRACT NO. 1”, (Riverwalk Subdivision). Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Special District (drainage)/Project - RIVERWALK SUBDIVISION:

No action taken.

Project (acquire public facilities) - RIVERWALK SUBDIVISION:

No action taken.

Securities (reduction)/Project - LAWTON VALLEY HUNT TRACT, SECTION NO. 11:

Councilor Bray moved the adoption of a resolution, pursuant to the written recommendation of the Superintendent of Highway, authorizing the reduction in the Letter of Credit by 75% of the original amount posted for Highway Construction Guarantee by KELLY-TOBIN DEVELOPMENT CORPORATION for LAWTON VALLEY HUNT TRACT, SECTION NO. 11 (Congleton Circle, 1070 lf x 22'). Gravel, gutters, binder and top are in place in accordance with Town Highway Specifications. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Purchase/Highway - 2007 JEEP GRAND CHEROKEE:

Councilor Ulatowski moved the adoption of a resolution authorizing the purchase of ONE (1) 2007 JEEP GRAND CHEROKEE FOR USE BY THE HIGHWAY DEPARTMENT under State Contract PC60958, Item 4A, from the Contractor Hoselton Chrysler, Inc., of East Rochester, New York in an amount not to exceed $22,000.00. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Bond Resolution/Purchase/Highway - 2007 JEEP GRAND CHEROKEE:

No action taken. No bonding needed.

Special Permit (CPH) - Town Board Case #952 - BAYBERRY PLAZA:

Councilor Edick moved the adoption of a resolution calling a public hearing November 20th, 2006, commencing at 7:38 P.M., local time, to consider the application of BAYBERRY PLAZA for a SPECIAL PERMIT TO BUILD AND OPERATE A DRIVE-IN SERVICE for a proposed Kinney Drug Store to be located at Bayberry Plaza, being part of 7608 Oswego Road, part of Tax Map No. 094.-01-08.1 – RC-1 Zoning. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Municipal Code - Violation:

Councilor Rycraft moved the adoption of a resolution pursuant to Section 121-3 (Discontinuance of a Gasoline Service Station Use) of the Town of Clay Code requiring the owners of 7423 and 7435 Oswego Road to “level, grade, landscape, seed and maintain” these former gasoline service station facilities within 30 days of their receipt of notice of this resolution. Both property owners were previously sited by the Town, and forced to remove the structures, tanks, pumps and all signage associated with the “abandoned” operations. To date, although all structures have been removed, the owners of these properties have failed to fully clear, grade and seed the properties. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

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


Archived Minutes