April 7, 2008

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at
the Town Hall, Clay, New York on the 7th of April, 2008 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
Joseph A. Bick                 Councilor
Vivian I. Mason                Town Clerk
Mark Territo                     Commissioner of Planning and Development
David Balcer                     Town Planner
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 March 17, 2008. Motion was seconded by
Councilor Bray. 

Ayes-7 and Noes-0. Unanimously carried.

Councilor Ulatowski moved the adoption of a resolution approving the Minutes of the Special Town Board Meeting on March 25, 2008. Motion was seconded by Councilor Bray.

Ayes-5, Noes-0, and abstentions 2 (Councilor Bick and Councilor Edick abstaining as
they were not at the Special Town Board Meeting). Carried.

Cancellations and/or requested adjournments:

Applicant William J. Adams, Jr., has requested that his application for a change of
zone from RA-100 Residential Agricultural District to O-2 Office District on
property located at 8180 Oswego Road, Tax Map Nos. 067.-01-03 and 067.-01-04, be
withdrawn. 

Correspondence/Other Business:

None.

Zone change - Town Board Case #974 (SEQR) - AFFORDABLE SENIOR
HOUSING OPPORTUNITIES OF NEW YORK, INC., HENRY A. RIEHLE and
LINDA REYNOLDS:

No action taken.

Zone change - Town Board Case #974 (D) - AFFORDABLE SENIOR HOUSING
OPPORTUNITIES OF NEW YORK, INC., HENRY A. RIEHLE and LINDA
REYNOLDS:

Councilor Bick moved the adoption of a resolution denying the application of
AFFORDABLE SENIOR HOUSING OPPORTUNITIES OF NEW YORK, INC.,
HENRY A. RIEHLE and LINDA REYNOLDS for a change of zone from R-10 One-
Family Residential District and RA-100 Residential Agricultural District to
R-APT Apartment District on property located at the corner of Bear & Davis Road,
(Tax Map No. 092.-01-29.2), consisting of 39.19 acres of land. 

Supervisor Rowley said he struggled with this request. Only one access was one of his concerns, plus he felt the project was a bit too large for the area.

Councilor Bray also felt the area was a little overbuilt and expressed hope that the
applicant would look for another site as this type of housing is needed.

Zone change (SEQR) - Town Board Case #976 - Theresa Arcuri:

Councilor Ulatowski moved the adoption of a resolution that the application of
THERESA ARCURI for a change of zone from R-15 Residential District to RA-100
Residential/Agricultural District on property located on the north side of Maple
Road, east of Gatewood Drive, (Tax Map No. 075.-01-02.4), consisting of 0.29± acres.,
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 Weaver.

Ayes-7 and Noes-0. Unanimously carried.

Zone change (A) - Town Board Case #976 - Theresa Arcuri:

Councilor Ulatowski moved the adoption of a resolution approving the application of
THERESA ARCURI for a change of zone from R-15 Residential District to RA-100
Residential/Agricultural District on property located on the north side of Maple
Road, east of Gatewood Drive, (Tax Map No. 075.-01-02.4), consisting of 0.29± acres.
Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Special Permit (SEQR) - Town Board Case #981 - TAFT ALLEN LLC:

No action taken, as there is a meeting scheduled with the County to see if they will agree to full access on Allen Road instead of right in/right out only. 

Special Permit - Town Board Case #981 - TAFT ALLEN LLC:

No action taken, as there is a meeting scheduled with the County to see if they will agree to a full access on Allen Road instead of right in/right out only. 

Zone Change (withdrawn) - Town Board Case # 968 - William J. Adams, Jr.,
Craig P. Buck and Colleen A. Buck:

Mr. Adams has requested that his case be withdrawn.

Zone Change (PH-ADJ) - Town Board Case #960 - RICHARD J. ALT, DONALD
W. ALT and MARILYN A. ALT; and

Zone Change (PH-ADJ) - Town Board Case #959 - JOHN E. DAVIS and DAVIS
VENTURES, LLC:

A public hearing to consider the application of RICHARD J. ALT, DONALD W. ALT
and MARILYN A. ALT, for a change of zone from RA-100 Residential/ Agricultural
District to HC-1, Highway Commercial District on property located at 5236 State
Route 31 and Vacant Land on State Route 31, Tax Map No. 064.-01-10 and part
of Tax Map No. 064.-01-12.4; and

a public hearing to consider the application of JOHN E. DAVIS and DAVIS
VENTURES, LLC for a change of zone from RA-100 Residential/Agricultural
District to HC-1 Highway Commercial District on part of property located at 5064,
5154, and 5170 State Route 31, part of Tax Map Nos. 064.-01-06.1, 064.-01-09.1, 064.-
01-09.2 were opened by the Supervisor. (Both adjourned to this date and time at the
March 3rd, 2008 Town Board Meeting.)

Hal Romans asked for an adjournment until the second meeting in May as more time
is needed by other agencies to review the traffic study.

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

Councilor Bray moved the adoption of a resolution adjourning these public hearings
to May 19, 2008, to commence at 7:35 P.M. and 7:38 P.M. respectively. Motion was
seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Zone Change (PH) Town Board Case #979 - SELF-STORAGE BUCKLEY LLC:

A public hearing to consider the application of SELF-STORAGE BUCKLEY LLC for
a change of zone from I-2 Industrial 2 District and R-10 One Family Residential
District to HC-1 Highway Commercial and from I-2 Industrial 2 District to R-10
One Family Residential District on part of premises located at 7500 and 7502
Buckley Road, part of Tax Map Nos. 097.-01-04.0 and 097.-01-03.0 respectively was
opened by the Supervisor. (Adjourned to this date and time at the March 3rd, 2008
Town Board Meeting.) 

Attorney Robert Ventre stated that he’s presented all there is.

Supervisor Rowley asked what the Planning Board’s recommendation was and
Commissioner Territo said they recommended approval, a five to one vote in favor.

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) - Town Board Case #938 - STEVEN GEIGER and DONALD
J. and MARY ANN GABOR:

A public hearing to consider an 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 was opened by
the Supervisor. (Adjourned to this date and time at the March 3rd, 2008 Town Board
Meeting.) 

Attorney Robert Ventre stated that he’s presented all there is.

Supervisor Rowley noted that this application was presented to the Board two years ago and was delayed due to the need for a traffic light. There was strong opposition and a petition passed to support it. Under Town Law, a Section 265 protest was also filed, which then requires a super majority vote by the Board, which is at least a six member approval.

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.

Local Law of the Year 2008 - Abolishing the Town of Clay Police Department
and transfer function to the Onondaga County Sheriff’s Department:

A public hearing to consider proposed “Local Law of the Year 2008 Abolishing The
Clay Police Department, Pursuant to Section 150(4) of the New York State
Town Law and the Transfer of Function of the Town Police Department
with the Onondaga County Sheriff’s Department and further to Enter Into
a Proposed Contract With Onondaga County for the Extension of Additional
Police Services Within the Town of Clay to the Code of the Town of Clay.” 
This local law and resolution shall be subject to a public referendum. The Town Board will also discuss the potential tax impact of the proposed local law, and the levels of police service required within the Town as well as potential impacts upon existing officers and citizens was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rowley stated that it is the responsibility of the Town to be diligent in
providing services at the lowest possible cost and still provide a good service. In having their own police department, is a duplication of services, as the County Sheriff’s Department already covers Clay. The Town’s enhancement contract with the County would include the services already provided by the Sheriff’s Department, plus two dedicated police cars, twenty-four/seven in the Town. He went over the figures and the reduction in Town taxes that would be a result of this merger. The Police Department needs to expand, and should it double in size, the taxes would undoubtedly increase by two digits. If needed, the contract with the County Sheriff’s Department could also be enhanced in the future to add more cars to cover the Town.

Sheriff Kevin Walsh gave an overview of how Clay will be covered in addition to the two dedicated police cars. Most of the full time officers will be absorbed and there may be other openings also. 

A number of people spoke against abolishing the Clay Police Department, and voiced
their approval of expanding the Clay Police Department. Their concerns were that
coverage of the Town would not be as good as what is presently provided by the Town’s police department.

A few spoke in favor of the merger and applauded the Board’s efforts to decrease the
Town tax and yet provide continuing coverage.

A Clay Police officer noted that there are community programs provided by the Clay
Police which may no longer be provided if the Police Department is abolished.

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.

Councilor Rycraft excused himself from the Board due to illness.

Local Law No. 4 5 of 2008 (PH) (formerly No. 5 6 7 of the Year 2007 -
Signs; and

Local Law No. 5 6 of 2008 (PH) (formerly No. 6 7 8 of the Year 2007) -
Signs (definitions):

A public hearing to consider proposed “Local Law No. 4 5 of the Year 2008,
Repealing ‘Section 230.22 Signs’ of CHAPTER 230, ZONING, ARTICLE IV
SUPPLEMENTARY REGULATIONS and adding a new ‘Section 230.22 Signs’ to
CHAPTER 230, ZONING, ARTICLE IV SUPPLEMENTARY REGULATIONS to
the Code of the Town of Clay”. The purpose of this local law is to define, promote
and regulate signs that identify a business, service, or product in a manner that
provides for or promotes public safety and are compatible with and enhance their
existing and planned surroundings; and 

a public hearing to consider proposed “Local Law No. 5 6 of the Year 2008,
Amending CHAPTER 230, entitled ‘ZONING’ ARTICLE II, Definitions,
SECTION 230.11 ‘Terms defined’, by deleting the words and definitions therefore
from the word “SIGN” through the words “SIGN WINDOW DISPLAY” of the Code
of the Town of Clay”. The purpose of this proposed Local Law is to delete the words and definitions contained in the present Section 230.11, Article II, entitled Definitions were opened by the Supervisor. (Both adjourned to this date and time at the 03-17-08 Town Board Meeting.)

Consultant Howard Brodsky gave a brief overview of the sign ordinance. Signs are
organized into three groups: 1) Major signs i.e. those attached to buildings; 2) Minor,
those signs inside property i.e. turning, menu, warnings; and 3) temporary signs.

A resident farmer who sells some of his goods at a stand asked if he would need a sign permit now and Mr. Brodsky said yes.

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 hearings were closed.

Securities/Project - NIAGARA CAR WASH PROJECT:

Councilor Weaver moved the adoption of a resolution, pursuant to the written
recommendation of the Town Engineers, authorizing the release of the $125,000.00
security posted for the construction of the sanitary sewer facilities (Niagara Sewer
District, Contract No. 1) within the ERIKSON SUBDIVISION and NIAGARA CAR
WASH PROJECT to the developer NIAGARA CAR WASH, LLC. The Town
Engineers have made an inspection of said subdivision and found the facilities to be
complete. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Appointment - MOYERS CORNERS FIRE DEPARTMENT, INC.:

Councilor Ulatowski moved the adoption of a resolution approving the appointment of ERIN AUSTIN and TOM DELASIN as volunteer members of the MOYERS
CORNERS FIRE DEPARTMENT, INC. Motion was seconded by Councilor Weaver.

Ayes-6 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #982 - JOSEPH S. JANOWSKI and
TIMOTHY D. REEVES:

Councilor Edick moved the adoption of a resolution calling a public hearing April 21st, 2008, commencing at 7:38 P.M., local time to consider the application of JOSEPH S. JANOWSKI and TIMOTHY D. REEVES for a change of zone from RA-100
Residential/Agricultural District to 0-2 Office District on property located at 8086
Oswego Road, consisting of approximately 2.36 acres, (Tax Map No. 068.07-17.0). 
Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #983 - JOSEPH S. JANOWSKI,
THOMAS W. CROSBY, and SAVEMORE MARKETS, INC.:

Councilor Edick moved the adoption of a resolution calling a public hearing April 21st, 2008, commencing at 7:41 P.M., local time to consider the application of JOSEPH S. JANOWSKI, THOMAS W. CROSBY, and SAVEMORE MARKETS, INC.. for a
change of zone from RA-100 Residential/Agricultural District to RC-1 Regional
Commercial District on property located at 7917 Oswego Road, consisting of
approximately 58.02 acres, (Tax Map Nos. 080.-01-4.1, 080.-01-05 and 080.-01-06.1). 
Motion was seconded by Councilor Bick.

Ayes-6 and Noes-0. Carried.

Special Permit (CPH) - Town Board Case #984 - ROBERT UCCHINO and
JOHN McCARTHY:

Councilor Bray moved the adoption of a resolution calling a public hearing April 21st,
2008, commencing at 7:44 P.M., local time to consider the application of ROBERT
UCCHINO and JOHN McCARTHY for a SPECIAL PERMIT for a Secondary Use
of a Coffee Bar within an existing Day Spa on property located at 4971 Bear
Road (Tax Map No. 096.-12-05.0). Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Local Waterfront Revitalization Plan:

Councilor Bray moved the adoption of a resolution calling a public informational
meeting April 21st, 2008, commencing at 7:47 P.M., local time, at the Clay Town Hall,
4401 State Route 31, Clay, New York, regarding the Town of Clay’s Local Waterfront
Revitalization Plan, for the purpose of providing information to the general public
regarding the local waterfront issues and opportunities identified in the draft plan and at such time and place to solicit public input as to the completion and accuracy as to items “1” and “2”. Copies of Sections “1”, “2” and “3” of the Plan are available for public review at the Clay Town Hall and the North Syracuse Public Library. Motion was seconded by Councilor Bick.

Ayes-6 and Noes-0. Carried.

Local Law of the Year 2008 - Abolishing the Town of Clay Police Department
and transfer function to the Onondaga County Sheriff’s Department:

Councilor Ulatowski moved the adoption of a resolution approving the proposed Local Law of the Year 2008 Abolishing the Clay Police Department, pursuant to Town Law Section 150(4). This proposed Local Law and resolution are strictly subject to a
referendum of qualified voters within the Town of Clay (excluding the Village of North Syracuse) to be held June 23rd, 2008. The Town has conducted a public hearing on the matter as well as participated in detailed fact finding. A copy of this resolution shall be published, and posted in accordance with the Town Law. Motion was seconded by Councilor Bick.

Ayes-6 and Noes-0. Carried.

Special Election - Abolishing the Town of Clay Police Department and
transfer function to the Onondaga County Sheriff’s Department:

Councilor Edick moved the adoption of a resolution calling a Special Election pursuant to Section 82 of the Town Law to be held June 23rd, 2008 at the Town of Clay Town Hall, for all qualified electors within the Town of Clay (excluding the Village of North Syracuse) for the purpose of voting by machine on the adoption or rejection of a proposed Local Law adopted by resolution of the Town Board on April 7th, 2008, abolishing the Town of Clay Police Department pursuant to Town Law. The Voting hours shall be 12:00 p.m. to 9:00 p.m. A copy of the Town Board resolution authorizing this action after the conduction of a public hearing shall be published and posted in accordance with the Town Law. Also, a copy of this resolution shall be placed on file in the office of the Town Clerk. Motion was seconded by Councilor Weaver.

Ayes-6 and Noes-0. Carried.

Inter Municipal Agreement - County of Onondaga (Merger of the Town of
Clay Police with the Onondaga County Sheriff’s Department:

Councilor Bick moved the adoption of a resolution authorizing the Supervisor to enter into an Inter Municipal Agreement pursuant to General Municipal Law Article 5-G between the Town of Clay and the County of Onondaga contemplating enhanced Sheriff Police Services within the Town of Clay. The Supervisor is further authorized to execute any and all documents, consistent with the intent of this resolution. The
contract is strictly contingent upon the approval of voters by referendum. The base
contract period is from July 1st, 2008 to June 30th, 2011. The contract details and
provides for (among other things) a scope of enhanced services to be provided by the Sheriff, the transfer of personnel from the Town of Clay to the County, transfer of
equipment and vehicles, and compensation. A copy of the proposed contract will be
placed on file in the office of the Town Clerk. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Highway Department assistance (regarding inspections of Town highways
under construction:

Councilor Weaver moved the adoption of a resolution authorizing C & S Engineers, Inc., to begin assisting the Town of Clay Highway Department with inspections of Town Highways under construction. It is understood that C & S will coordinate these efforts with the Highway Dept., and that the Town of Clay Highway Dept., retains full authority over highway construction. The costs for the services of C & S will be borne by the developer of the various projects involved. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Local Law No. 4 5 of 2008 (A) (formerly No. 5 6 7 of the Year 2007) -
Signs:

Councilor Bray moved the adoption of a resolution approving “Local Law No. 4 of
the Year 2008, Repealing ‘Section 230.22 Signs’ of CHAPTER 230, ZONING,
ARTICLE IV SUPPLEMENTARY REGULATIONS and adding a new ‘Section
230.22 Signs’ to CHAPTER 230, ZONING, ARTICLE IV SUPPLEMENTARY
REGULATIONS to the Code of the Town of Clay”. The purpose of this local law
is to define, promote and regulate signs that identify a business, service, or product in a manner that provides for or promotes public safety and are compatible with and
enhance their existing and planned surroundings. Motion was seconded by Councilor Weaver.

Ayes-6 and Noes-0. Carried.

Local Law No. 5 6 of 2008 (A) (formerly No. 6 7 8 of the Year 2007) -
Signs (definitions):

Councilor Bray moved the adoption of a resolution approving “Local Law No. 5 of
the Year 2008, Amending CHAPTER 230, entitled ‘ZONING’ ARTICLE II,
Definitions, SECTION 230.11 ‘Terms defined’, by deleting the words and
definitions therefore from the word “SIGN” through the words “SIGN WINDOW
DISPLAY” of the Code of the Town of Clay”. The purpose of this proposed Local Law is to delete the words and definitions contained in the present Section 230.11, Article II, entitled Definitions. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 10:46 P.M. upon motion by Councilor Bray and seconded by Supervisor Rowley. Ayes-6 and Noes-0. Carried.

Archived Minutes