November 20, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 20th of November, 2006 at 7:30 P.M., there were:

PRESENT:

James J. Rowley            Supervisor
Damian M. Ulatowski    Councilor/Deputy Supervisor
Clarence A. Rycraft       Councilor
Naomi R. Bray              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 Rowley 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 November 6, 2006. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Resignation - Supervisor:

Deputy Supervisor Rowley moved the adoption of the following resolution:

WHEREAS, MARK J. RUPPRECHT, (“Mark”) has served the residents
of the Town of Clay since 1994; and 

WHEREAS, he has announced his retirement effective November 19th,
2006, and 

WHEREAS, Mark has served in a number of important capacities and
roles as a public official as a member of the Town Board and as Town
Supervisor; and

WHEREAS, Mark has had a positive influence on the residents and
employees by contributing in numerous ways; and,

WHEREAS, Mark has agreed to remain an active, positive influence in Town affairs; and

WHEREAS, the Town of Clay is a better place to live, work and raise
children thanks to Mark’s efforts; and 

NOW, THEREFORE, BE IT RESOLVED that the Town Board, on
behalf of themselves and the community, publicly acknowledges their
thanks and appreciation to Mark for his many years of faithful service to
the Town of Clay and offers their best wishes to him in his retirement. 

Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Former Supervisor Rupprecht, who resigned as of the 18th of November, was presented an inscribed silver plate from the Board members as a token of their appreciation in his service to his community as a Councilman and a Supervisor.

Resignation - Town Councilor:

Deputy Supervisor/Councilor Rowley tendered his resignation from the Town Board.

Appointment - Supervisor:

Councilor Bray moved the adoption of a resolution appointing James Rowley as Supervisor, to fill the unexpired term of Mark Rupprecht, who has submitted his resignation as of November 19, 2006, due to business and family commitments. Said term to expire December 31, 2007. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

James Rowley was sworn in as the new Town of Clay Supervisor by Justice John Hall.

Supervisor Rowley addressed the Board and the public with the following words:

“The Town of Clay is a remarkable place. I love this Town and I am very proud to say that I was born and raised here. When I became a resident of Clay in 1961 on Fairfield Drive in North Syracuse, the population of our town was about 18,000 residents. Today our population approaches 60,000 people. We are the 17th largest town in New York State. We’re larger than Binghamton or Niagara Falls and comparable to Utica or Schenectady. We have more residents than Cortland County and are not that far behind Herkimer and Madison Counties.  What has taken place in the Town since I was born has been remarkable and I am privileged to have played a small part in its transformation. 

People have moved here because the Town of Clay has become a wonderful place to live, work and raise a family. We have more amenities and opportunities in our town than many other municipal areas, be they city, county or town. Our school systems are cutting edge and provide tremendous opportunities for our children. We have college opportunities though OCC and Bryant & Stratton right here in our town. We have a considerable amount of private business in Clay covering the manufacturing, wholesale, retail, farming and service sectors.  The shopping and restaurant choices are many and varied and continue to grow and get better. We have an outstanding medical facility at the North Medical Center and there are a wide variety of medical professionals who practice in Clay. There are nursing home care and assisted living facilities available for our
seniors. Wherever you live in Town you don’t have to go far to get your taxes done, get a hair cut, have your dry cleaning done, get your pet cared for, obtain an insurance quote, find a good pizza, take in a movie, get your car fixed, refinance your mortgage, swing a golf club or find a hotel room for your visiting relatives.

And that’s not even considering what your town government provides. Clay has 5 major parks covering over 280 acres and 27 neighborhood parks covering an additional 130 acres - the most town park acreage for any town in the county.  We have a lighted Clay Panther youth football field, lighted softball fields, and I have to believe we are a leader in youth soccer fields. Our recreation department provides 71 categories of recreational programs covering all the seasons including supervised summer playground activities at 12 sites, the after school community series, year-round sports leagues and summer camps, drama and art classes, and our own senior citizen center on Route 31. I am proud to say the Town is complimented regularly on the recreation programs we provide.

Then there are the nuts and bolts of town government that residents have come to rely on. We have a very versatile highway department that plows and paves our roads, maintains our parks, cuts the grass in our green areas, cleans and maintains our drainage systems, maintains our buildings, builds play-scape structures for our children, constructs parking lots, and is capable of accomplishing almost any project you can think of. A few good examples of our highway department’s versatility are their help with construction activities in the Clay Historical Park, the Clay Center for seniors and the old Town Hall building.  Our accredited police department answered over 17,000 calls for service last year and is supplemented by the State Police and the County Sheriffs and keeps our neighborhoods safe. Our Town judges and their staff work hand in hand with our police department to ensure that laws are obeyed and that crime remains in-
check. Our planning and codes enforcement department have some of the busiest people in town operations - enforcing our codes, answering a multitude of queries, and ensuring that projects are properly planned and built to code. Our water department provides cost efficient service to those residents fortunate enough to be located in our water district. Our town clerk’s office, tax receiver’s office, assessor’s office and finance office are staffed with some of the most knowledgeable and dedicated people I have ever been associated with… and…if you compare the unit cost or per capita costs of running these departments with their counterparts in neighboring towns, you will find them to be very cost effective and a bargain relative to the service they provide. Clay is blessed with
dedicated and intelligent people who serve on our Planning Board, Zoning Board of Appeals and Assessment Review Board. We are always looking for qualified people to serve so if you are interested or know of someone who might be interested in serving the Town, please have him or her contact my office. We have five fire departments which serve the town, two of which are wholly located within Clay: Moyers Corners and Clay fire departments, who train at a fire training tower located right here in Clay. I can assure you that the cost of these VOLUNTEER fire departments on your tax bills is less than the increased homeowners’ premium you would have to pay if these dedicated people did not serve. Nova, Navac, Rural Metro and GBAC are the main ambulance services that cover Clay. I can’t begin to thank the people who work for Clay and the volunteers who protect us for all that they do. I am proud to be associated with
them and I will continue to support their efforts to the best of my ability.

None of what has transpired in Clay during my 45 years of existence has
happened by chance… nor was there a grand plan. It happened because of the stewardship of my predecessors Ernie Casale, Pat DiDomenico and Mark Rupprecht. To be sure, we had help from a number of current and former legislators, assemblymen, senators and congressmen. The supervisors I mentioned though, along with the town boards they led, applied logic and reason and wisdom to the issues of the day. They were clever enough to exploit the physical resources of our town, and smart enough to manage the government in a fiscally prudent manner. County officials have recognized Clay as a leader in land use planning and development. Clay’s tax rate, computed on a Full Value basis, is the third lowest in the County according to the latest report available from the New York State Comptroller’s office. With the Town Board’s support, I am confident in making two promises to you tonight: 1) that Clay will continue
to be a leader in land use planning and development and 2) that the fiscal
integrity of the Town of Clay will never be compromised. I am very confident of that!

The Town Board I am privileged to serve with is second to none. Our award winning town code and the reclamation project underway at Three Rivers point would not have happened without the leadership of Naomi Bray. Robert Edick has used his insurance background to the benefit of the town, has been deeply involved in working the kinks out of our new building and led the effort to write our hazard mitigation plan. Clarence Rycraft is our voice of reason on the board when it comes to planning and development and you won’t find a more passionate board member anywhere. Bill Weaver is an invaluable member of our board with
his intimate knowledge of every swale, ditch, and drainage facility that was ever built in Clay, garnered from his decades of experience in our highway
department. And last, but not least, Damian Ulatowski, who is smart,
professional and who has used his knowledge of employee benefits and insurance for the benefit of the Town and has been a stellar liaison to our highway department and who, by my first official act as supervisor, I appoint as Deputy Supervisor of the Town of Clay. Viv Mason our Town Clerk – I could never forget her. She is extremely helpful to the board and I am very appreciative of her service.

Robert Germain, our attorney, Doug Wickman, our engineer, and Dave Tessier, our Commissioner of Planning and Development, are tireless professionals who do their jobs in a quiet, efficient manner. Let me just share one story with you of many that could be told. Some of you may remember the pickle that the Town got in a couple of years ago with the proposed waste transfer station that wanted to locate in our Woodard Industrial Park across from Pompton Knolls. Such a project was legal at the time, but neighbors were justifiably upset. We conducted Public Hearings and took a lashing as a public board. I’ll never forget the woman
who came up to me in the auditorium at Liverpool High School and cursed at me in anger. Did you ever wonder what happened? There was never an article in the paper or a news story on television or a press conference! Well, it went away!!! Legal briefs, with engineering and planning input, letters, and many, many phone calls carried the day. It went away quietly, efficiently the way it should with much credit owed to the three gentlemen over there, Robert Germain, Doug Wickman and Dave Tessier.

The future of Clay will be more remarkable still. It is not a question of if, but
rather a question of when the Clay Industrial Park attracts a major employer.  Being a finalist for the Bristol Myers plant has put that location on the map. I fully expect that site to generate hundreds of jobs for the upstate region and it will transform Clay once again. I almost can’t wait for Three Rivers point to evolve. I have no idea today what will happen there, but be assured that whatever happens there in the future will be amazing! These are heady times for our town. It is with much respect for the past, humbleness in the present, and determination for the future that I begin my term as Clay supervisor. Tonight I am the luckiest guy in the room. I have a loving and supportive wife and three children who have made me more proud than they will ever know.  And, tonight I have the distinct privilege of serving you as Supervisor of the Town of Clay! I am truly honored and I promise to do my very best. Thank you!”

Cancellations and/or requested adjournments:

Syracuse Clay Associates etc. and Development Assistance Group etc. are requesting an adjournment.

Correspondence/Other Business:

Supervisor Rowley announced that the Town will be collecting donations for the Central New York Food Bank and asked people to bring non-perishable food into Town Hall until Monday, December 18, 2006.

He also announced that there is now a vacancy on the Town Board and a vacancy on the Planning Board. Anyone interested should submit a cover letter and a resume by December 1, 2006.

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

Councilor Ulatowski moved the adoption of a resolution that 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) 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 Bray.

Ayes-6 and Noes-0. Carried. 

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

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

Ayes-6 and Noes-0. Carried.

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

Councilor Bray moved the adoption of a resolution that 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), 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 Ulatowski.

Ayes-5 and Noes-1, Councilor Rycraft voting no. Carried.

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

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

Ayes-5 and Noes-1, Councilor Rycraft voting no. 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 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 October 16th, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

As stated earlier, the applicant has requested an adjournment.

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

Councilor Ulatowski moved the adoption of a resolution adjourning this public hearing to December 4, 2006 to commence at 7:41 P.M. local time. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

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

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

Joe Janowski gave an overview of the proposed drive in service and the requirements they have met regarding the building of a Kinney Drug Store. He explained that one entrance to the plaza will be moved and that it has been approved by the Onondaga County Department of Transportation.

Supervisor Rowley noted that one of the recommendations made by the Onondaga County Planning Board is that a lighting plan be developed to ensure no glare or spillover is allowed into adjacent properties..

Councilor Ulatowski and Councilor Bray asked questions about parking and the number of spaces. Mr. Janowski said that 499 spaces were required and that they had 526. Councilor Bray commented that the Planning Board had noted that some spaces might not meet the setback requirements and Mr. Janowski said they might have to eliminate ten spaces. Councilor Bray queried about the stacking of cars for the drive
through. Mr. Janowski said it would be 5 cars.

Commissioner Tessier stated that the Town Board can refer a Special Permit request to the Planning Board. The Town Board has not referred this request to the Planning Board, but since the site plan was before them, they did make a recommendation to deny the drive in service.

Councilor Bray stated that one of the requirements in the zoning code under a special permit for a drive in service is a landscaped buffer on each lot line, eight feet in width with evergreen trees planted and staggered in a double row, a height of four feet each on six foot centers, and maintained to a height of at least six feet.

Joyce Cirrito of Bayberry Circle stated that the trees in back of the plaza are half dead and that something needs to be done about it. She added that she felt the drive in service would be unsafe because of the busy traffic lanes.

Robert Walker whose house is behind the post office stated that he has a problem if they open up the back of the shopping plaza to traffic.

Ken Barrows asked if the parking spaces behind the post office were in the count and Mr. Janowski said yes.

Helen Eckles said she feels the parking area is already congested, because of the drive in service for Bank of America that already exists.

June Baycura of Bayberry Community Association, commented that the Kinney Drug Store is important to Bayberry, but where the building is going with a drive in service effects other businesses in the shopping plaza. She feels safety is an issue and doesn’t feel the building will fit and the drive in service will create traffic and pedestrian problems.

Joyce Cirrito said she would like the tapes put back that had shown where the building would go. They were not up long enough for people to see them.

Robert Walker commented that the building will block off and eliminate parking for the handicapped people who want to go to the stores in back of the proposed Kinney Drug Store.

Jonathan Bee also voiced concern over the handicap parking.

Commissioner Tessier said he believed the number of handicap parking spots will still be there, they will be relocated.

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 hearing was closed.

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 November 6th, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

The applicant has requested an adjournment.

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

Councilor Ulatowski moved the adoption of a resolution adjourning this public hearing to December 4, 2006 to commence at 7:44 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. 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 November 6th, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

Kate Johnson, counsel for COR Development, gave a brief overview of the series of meetings before the Board and their presentation of their FEIS. She has submitted replacement pages to the Board addressing the comments. They had a meeting with FRA Engineering, who are reviewing the traffic information and COR has since made changes to their traffic analysis. They feel traffic can be mitigated for their project.  They are leaving 20 acres forever wild behind the proposed Lowe’s store.

Councilor Edict expressed concern for the trees along the property line.

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

Councilor Bray moved the adoption of a resolution adjourning these public hearings to December 4, 2006 to commence at 7:47 P.M. and 7:50 P.M. (respectively) local time.  Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Councilor Rycraft left the Board.

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

Mark Parish, of O’Brien and Gere, who is representing the applicant, said they will work towards having an area accessible to enable cleaning water flow areas.

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 hearing was closed.

Project (SEQR) - RIVERWALK SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution pursuant to the
recommendation of the Town Engineers that the creation of a drainage district within the Town of Clay to be designated and known as RIVERWALK DRAINAGE DISTRICT 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. 
Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Special District (drainage)/Project - RIVERWALK SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution approving the creation of a drainage district within the Town of Clay to be designated and known as “RIVERWALK DRAINAGE DISTRICT”, (Riverwalk Subdivision). Such district to have a separate budget and not become a part of the Town Consolidated Drainage District. Motion was seconded by Councilor Weaver.

Ayes-5 and Noes-0. Carried.

Project (acquire public facilities) - RIVERWALK SUBDIVISION:

Councilor Bray 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 RIVERWALK SUBDIVISION (Riverwalk Sewer District, Contract No. 1 and Riverwalk Drainage District, Contract No. 1) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the
developer RIVERWALK ASSOCIATES, INC., (Riverwalk Subdivision). Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Project (final plans) - RIVERWALK SUBDIVISION:

Councilor Bray moved the adoption of a resolution approving the Final Plans for THE RIVERWALK SUBDIVISION (Riverwalk Sewer District, Contract No. 1 and Riverwalk Drainage District, Contract No. 1) and authorizing the Supervisor to execute the necessary forms therefore (Contract documents), contingent upon legal and engineering approval. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Easement/Project - Raymour & Flanigan Distribution Center Proposed Expansion Project:

Councilor Bray moved the adoption of a resolution accepting an easement from ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY with respect to the Raymour & Flanigan Distribution Center Proposed Expansion Project for drainage facilities – Pond 3, as shown on a Drainage Easement Map prepared by C. T. Male Associates, P.C., of Syracuse, New York, dated February 21, 2006, last revised November 15, 2006, and further authorizing the Supervisor to execute the necessary
documents therefore. Subject to approval of the Town Attorney and Town Engineer as to form and content. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried. 

Easement/Project - Raymour & Flanigan Distribution Center Proposed Expansion Project:

Councilor Edick moved the adoption of a resolution accepting an easement from ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY with respect to the Raymour & Flanigan Distribution Center Proposed Expansion Project for drainage facilities – Pond 4 and Pond 5A, as shown on a Drainage Easement Map prepared by C. T. Male Associates, P.C., of Syracuse, New York, dated February 21, 2006, last
revised November 15, 2006, and further authorizing the Supervisor to execute the necessary documents therefore. Subject to approval of the Town Attorney and Town Engineer as to form and content. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Easement (abandonment)/Project - Raymour & Flanigan Distribution Center Proposed Expansion Project:

Councilor Ulatowski moved the adoption of a resolution approving the abandonment of a 20’ Water Easement Area = 0.435± Acres - Liber 2090, Pg. 185, to the ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, with respect to the Raymour
& Flanigan Distribution Center Proposed Expansion Project as shown on an Easement Abandonment Map prepared by C. T. Male Associates, P.C., of Syracuse, New York, dated February 21, 2006, last revised November 15, 2006, and further authorizing the Supervisor to execute the necessary documents therefore.  Subject to approval of the Town Attorney and Town Engineer as to form and content. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Easement (abandonment)/Project - Raymour & Flanigan Distribution Center Proposed Expansion Project:

Councilor Edick moved the adoption of a resolution approving the abandonment of a 20’ Sanitary Sewer and Drainage Easement – Area = 7,603± Sq. Ft. – Liber. 2316, Pg 334, to ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, with respect to the Raymour & Flanigan Distribution Center Proposed Expansion Project
as shown on an Easement Abandonment Map prepared by C. T. Male Associates, P.C., of Syracuse, New York, dated February 21, 2006, last revised November 15, 2006, and further authorizing the Supervisor to execute the necessary documents therefore.  Subject to approval of the Town Attorney and Town Engineer as to form and content.  Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried. 

Easement (abandonment)/Project - Raymour & Flanigan Distribution Center Proposed Expansion Project:

Councilor Edick moved the adoption of a resolution approving the abandonment of a 20’ Sanitary Sewer and Drainage Easement – Area = 8,761± Sq. Ft - Liber 3737, Pg. 123 and Liber 4164, Pg 126, Woodard Sewer and Drainage Districts to ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, with respect to the Raymour & Flanigan Distribution Center Proposed Expansion Project as shown on an
Easement Abandonment Map prepared by C. T. Male Associates, P.C., of
Syracuse, New York, dated February 21, 2006, last revised November 15, 2006, and further authorizing the Supervisor to execute the necessary documents therefore.  Subject to approval of the Town Attorney and Town Engineer as to form and content.  Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried. 

Meetings (cancellation & rescheduling):

Councilor Weaver moved the adoption of a resolution canceling the January 1st, 2007 and January 15th, 2007 Town Board Meetings, due to the holidays, and rescheduling same for January 3rd, 2007 and January 17th, 2007, (New Year’s and Martin Luther King Days). Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #953 - ROBIN DEVELOPMENT, INC., I, and LAMJAK REALTY CO., INC.:

Councilor Bray moved the adoption of a resolution calling a public hearing December 4th, 2006, commencing at 7:35 P.M., local time, to consider the application of ROBIN DEVELOPMENT, INC., I, and LAMJAK REALTY CO., INC., for a change of zone from I-1 Industrial District to HC-1 Highway Commercial District on property located off Morgan Road, south of Wetzel Road, (part of Tax Map No. 087.-01-01.1).  Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #954 - 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:

Councilor Edick moved the adoption of a resolution calling a public hearing December 4th, 2006, commencing at 7:38 P.M., local time, to consider the second 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 28± acres, (part of Tax Map Nos. 053. -01-21.1, 053.-01-22.1, 053.-01-23.1 and 053.-01-24.1). Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Project (Final Plans) - PATRICIA MANOR, SECTION “C” SUBDIVISION:

Councilor Bray moved the adoption of a resolution approving the Final Plans for the PATRICIA MANOR, SECTION “C” SUBDIVISION (Patricia Manor Sewer District, Contract No. 2 Lateral, Patricia Manor Sewer District, Extension No. 1, Contract No.1 Lateral, Patricia Manor Drainage District, Contract No. 2 Lateral, Patricia Manor Drainage District, Extension No. 1, Contract No 1 Lateral and Patricia Manor Water
Supply District) and authorizing the Supervisor to execute the necessary forms therefore. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Authorization/Special Districts (sewer) - C & S Engineers:

Councilor Bray moved the adoption of a resolution authorizing C & S Engineers to prepare a map and report relative to the proposed creation of a sewer district serving portions of Bonstead and Maider Roads for a cost not to exceed $3,500.00. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Personnel/Recreation Department - Employee count adjustment:

Councilor Edick moved the adoption of a resolution approving adjustment of the Town of Clay's employee count within the Recreation Department with the Onondaga County Department of Personnel by One (1) full time Senior Citizen Coordinator in accordance with the requirements of the New Position Duties Statement, Form P-300 rev. 4/88.  Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:26 P.M. upon motion by Councilor Bray and seconded by Supervisor Rowley . Ayes-5 and Noes-0. Carried.


Archived Minutes