December 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 December, 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
Vivian I. Mason            Town Clerk
Robert M. Germain       Town Attorney
Cindy Heid                   Planning and Development
Douglas R. Wickman    Town Engineer

ABSENT:
William C. Weaver       Councilor

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 December 4, 2006. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Cancellations and/or requested adjournments:

None.

Correspondence/Other Business:

Michael Pauley and Stormy Ashei gave an overview of the public service the CanTeen does and how important the organization is for the youths that use it. The CanTeen gives youth a place to be safe and happy.

The Supervisor noted that the Town contributes to the CanTeen and has increased their contribution to $12,000 for 2007.

Zone change (SEQR) - 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 Ulatowski moved the adoption of a resolution accepting the SEQR “Findings” relative to 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 DISTRICT and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL COMMERCIAL DISTRICT on property located at
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) and 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) Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Zone change (A) - 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 approving 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 DISTRICT and RA-100
RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL
COMMERCIAL DISTRICT on property located at 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). This resolution is subject to the approval of the Town Attorney as to the form, content and geographic coverage of the restrictive covenant offered by the applicant. Motion was seconded by Councilor Ulatowski.

Councilor Bray stated that the covenant the applicant offered is vital and that the plan at this point is to keep the back portion of the property forever wild. Councilor Ulatowski and Councilor Edick agreed, Councilor Edick adding that he would like to see the pine trees preserved.

Ayes-5 and Noes-0. Carried.

Zone change (A) - Town Board Case #943 - COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC:

Councilor Ulatowski moved the adoption of a resolution approving 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). Prior to the issuance of any final site plan for the use of this property, the Town Planning Board is hereby directed to force the applicant to adequately resolve the traffic flow, proper access, and electromagnetic/electric energy issues raised in the SEQRA hearings
before this Board and in the FEIS with regard to the residential use of this property.  Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Zone change (D) - 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:

Councilor Bray moved the adoption of a resolution denying 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 DISTRICT and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL
COMMERCIAL DISTRICT 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). Motion was seconded by Councilor Ulatowski.

(See Town Board Case #954 second application.)

Ayes-5 and Noes-0. Carried.

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

Councilor Bray moved the adoption of a resolution denying 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 Rycraft.

Ayes-5 and Noes-0. Carried.

Traffic & Vehicles - Stop Signs (PH) - OASIS LANE:

A public hearing to consider amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 211-12 Stop Intersection, Schedule IX, Stop Intersections (Section 211-42) of the Town of Clay Code to designate and provide for a STOP SIGN on OASIS LANE at MIRAGE LANE and the installation of the necessary sign therefore was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

The applicant could not be present, and there was no one from the neighborhood to support the request.

Supervisor Rowley noted that the Commissioner of Public Safety recommended installation and the Highway Superintendent recommended denial.

Councilor Bray pointed out that the applicant did not submit a petition of neighbors to support his request and that the Board usually likes to see one.

Motion was made by Councilor Edick to adjourn this public hearing to January 3, 2007 to commence at 7:47 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Budget 2006 - Transfer of Appropriations:

Councilor Edick moved the adoption of a resolution authorizing the transfer of appropriations and amending the 2006 Town of Clay Budget in various funds to provide monies for 2006 expenditures. Motion was seconded by Councilor Bray.

Commissioner of Finance, John Shehadi, gave a brief overview of the monies to be transferred.

Ayes-5 and Noes-0. Carried.

Traffic & Vehicles - Stop Signs - OASIS LANE:

No action taken.

Councilor Edick left the Board.

Authorization - Explanation of Acquisition and Offer of Settlement:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to execute an Explanation of Acquisition and Offer of Settlement and any other documents therefore re the Town of Clay vs. New York State with respect to NYS Route 31 widening from Baldwinsville to Cicero, - Map Nos. 301 and 305, pursuant to Section 30 of the Highway Law and the Eminent Domain Procedure Law, settling the Town of Clay’s claim for a total of $83,471.00. Motion was seconded by Councilor Bray.

Ayes-4 and Noes-0. Carried. 

Securities (release)/Project - COACHMAN’S CROSSING TRACT, SECTION NO. 5:

Councilor Bray moved the adoption of a resolution, pursuant to the written
recommendation of the Superintendent of Highway, authorizing the release of 75% of the original amount posted for Highway Construction Guarantee by MUFALE BUILDERS, INC. for COACHMAN’S CROSSING TRACT, SECTION NO. 5 (Medasano Circle 1,350 lf). Gravel, gutters, binder and top are in place in accordance with Town Highway Specifications. Motion was seconded by Councilor Ulatowski.

Ayes-4 and Noes-0. Carried.

Contract (change order) - Cibro Tank demolition:

Councilor Rycraft moved the adoption of a resolution approving Change Order 2 for the Cibro Tank demolition contract, in the amount of $11,992.68. This change order covers the cost of additional contaminated soil and liquid removals. The unit costs for these items are established in the contract bid. Motion was seconded by Councilor Bray.

Ayes-4 and Noes-0. Carried.

Contract (change order) - Cibro Tank demolition:

Councilor Bray moved the adoption of a resolution approving Change Order 3 for the Cibro Tank demolition contract, in the amount of -$6,000. This decrease in the contract cost resulted from a change in the asbestos abatement monitoring, which was removed from this contract because of a State rule change. Motion was seconded by Councilor Ulatowski.

Ayes-4 and Noes-0. Carried.

Meeting - Organizational Meeting:

Councilor Ulatowski moved the adoption of a resolution that the Organizational Meeting for the Town of Clay will commence at 7:00 P.M., local time, January 3rd, 2007, prior to the Regular Town Board Meeting. Motion was seconded by Councilor Bray.

Ayes-4 and Noes-0. Carried.

Licensing & Permits (CPH) - CASUAL ESTATES MOBILE HOME COURT:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing January 3rd, 2007, commencing at 7:35 P.M., local time, to consider the application of CASUAL ESTATES MOBILE HOME COURT for the renewal of its license for the year 2007. Motion was seconded by Councilor Bray.

Ayes-4 and Noes-0. Carried. 

Contract/Agreement - SPCA:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with the CENTRAL NEW YORK SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS for the year 2007 for the disposition and treatment of animals, including a fee schedule for such services. Motion
was seconded by Councilor Rycraft.

Ayes-4 and Noes-0. Carried.

Assessment/Taxation (CPH) - “Sliding Scale” (persons over 65):

Councilor Rycraft moved the adoption of a resolution calling a public hearing January 3rd, 2007, commencing at 7:38 P.M., local time, to consider increasing the maximum income eligibility of the "sliding scale" from $32,399.00 to $34,399.00 for granting a partial exemption from real property taxation to persons over the age of 65. Motion was seconded by Councilor Ulatowski.

Ayes-4 and Noes-0. Carried.

Assessment/Taxation (CPH) - “Sliding Scale” (persons with disabilities):

Councilor Bray moved the adoption of a resolution calling a public hearing January 3rd, 2007, commencing at 7:41 P.M., local time, to consider increasing the maximum income eligibility of the "sliding scale" from $32,399.00 to $34,399.00 for granting a partial exemption from real property taxation to persons with disabilities and limited incomes. Motion was seconded by Councilor Rycraft.

Ayes-4 and Noes-0. Carried.

Local Law No. 1 of 2007 (CPH) Administration and Enforcement:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing January 3rd, 2007, commencing at 7:44 P. M., local time, to consider proposed Local Law No. 1 of the Year 2007, by adding a new Chapter 80, entitled “Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code.” The purpose of this proposed local law is to amend Chapter 14 – Departments, Chapter 81, Building Construction and Chapter 86, Unsafe Building of the Code of the Town of Clay to provide for the administration and enforcement of the New York State Uniform Fire Prevention, Building Code, and State Energy Conservation Construction Code, due to Part 1203 of Title 19 of the of the Official Compilation of Codes, Rules and Regulations of the State of New York being repealed and adding a new part 1203 entitled Uniform Code: Minimum Standards for Administration and Enforcement. Motion was seconded by Councilor Bray.

Ayes-4 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:16 P.M. upon motion by Councilor Bray and seconded by Supervisor Rowley. Ayes-4 and Noes-0. Carried.


Archived Minutes