Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.
APPROVED
At the REGULAR MEETING of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the March 7, 2022 at 7:30 P.M., there were:
PRESENT:
Damian Ulatowski Supervisor
Joseph A. Bick
Deputy Supervisor/Councilor
Eugene Young
Councilor
Ryan Pleskach
Councilor
Kevin Meaker
Councilor
Deborah Magaro Dolan Councilor
Jill Hageman-Clark
Town Clerk
Mark V. Territo
Commissioner of Planning and Development
Neil Germain
Town Attorney
Ron DeTota
Town Engineer
ABSENT:
David Hess
Councilor
OTHERS PRESENT:
Russ Mitchell, Planning Board Chairman; Cody Kelly, Onondaga County Legislator.
The meeting was called to order by Supervisor Ulatowski at 7:30 P.M. All present joined in the Pledge of Allegiance.
Approval of Minutes:
Councilor Bick made a motion to approve the minutes of the February 7, 2022 Town
Board meeting. Motion was seconded by Councilor Pleskach.
Ayes – 6 and Noes – 0. Motion carried.
Cancellation and/or requested adjournments.
None
Correspondence:
There was no correspondence.
REGULAR MEETING:
REGULAR MEETING OF THE TOWN BOARD – March 7, 2022 Town of Clay
2
Special Permit (SEQR) - Town Board Case# 1169 - CLASSY CHASSY/KIMBROOK ROUTE 31 DEVELOPMENT, LLC:
Councilor Meaker moved the adoption of a resolution that the application of
SPECIAL PERMIT pursuant to Section 230-16C. (2)(e)[3] to allow for an Automobile Car Wash on ±1.50 acres of land, located at 3610 NYS Route 31, Tax Map No. 052.-02-11.6., 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 Pleskach.
Ayes – 6 and Noes – 0. Motion carried.
Special Permit (A) - Town Board Case# 1169 - CLASSY CHASSY/KIMBROOK ROUTE 31 DEVELOPMENT, LLC:
Councilor Meaker moved the adoption of a resolution approving the application of
SPECIAL PERMIT pursuant to Section 230-16C.(2)(e)[3] to allow for an Automobile Car Wash on ±1.50 acres of land, located at 3610 NYS Route 31, Tax Map No. 052.-02-11.6. Motion was seconded by Councilor Magaro-Dolan.
The Supervisor called for a roll call vote and it went as follows:
Councilor Magaro-Dolan – Aye
Councilor Meaker - Aye Councilor Young – Aye
Supervisor Ulatowski – Aye Councilor Bick – Aye
Councilor Pleskach – No
Ayes – 5 and Noes – 1. Motion carried.
Local Law No. 1 of the Year 2022 (amendment) SOLAR ENERGY SYSTEMS (PH):
Councilor Young moved the adoption of a resolution amending Local Law No. 1 of
the year 2022 - Section 230-20-H titled “Solar Energy Systems” to delete paragraph “K” titled “Agricultural Resources” inadvertently included in the initial draft of the proposed law and published on the Town Website. The language contained in paragraph “K” conflicts with the language in the remainder of the Local Law and should be removed for clarification. Motion was seconded by Councilor Meaker.
Ayes – 6 and Noes – 0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD – March 7, 2022 Town of Clay
3 Agreement (A) - COUNTY OF ONONDAGA:
Councilor Bick moved the adoption of a resolution approving a contract between the
Town of Clay and the COUNTY OF ONONDAGA (Onondaga County Development Division) for $159,627.00 in funding for the Main Street Beautification Revitalization Grant for a term from December 1, 2022 through December 31, 2023, and further authorizing the Supervisor to execute the same. Motion was seconded by Councilor Magaro-Dolan.
Ayes – 6 and Noes – 0. Motion carried.
Councilor Bick interjected that the Highway Department was instrumental in helping the Girl Scouts to distribute 25 pallets of Girls Scout Cookies from the storage garage down the road. He concluded that it was a great experience!
Agreement (A) PILOT – Morgan Road East Solar, LLC & Town of Clay:
Councilor Bick moved the adoption of a resolution approving two (2) payments in
lieu of tax agreements between Morgan Road Solar East, LLC and the Town of Clay for properties located at 4471 Waterhouse Road (Tax Map No. 070.-01-07.1/1) and 4521 Waterhouse Road (Tax Map No. 070.-01-07.1/2). The agreements call for the developer to make payments to the Town of Clay based upon a formula in accordance with the size of the proposed solar developments to be located on the properties. A copy of the proposed agreement has been provided to the Supervisor and Board members, and the payment calculation has been approved by the Town Assessor. This resolution also authorizes the Supervisor to execute the documents. Motion was seconded by Councilor Pleskach.
Ayes – 6 and Noes – 0. Motion carried.
Agreement (A) – JANITORIAL/CLEANING SERVICES FOR THE TOWN OF CLAY TOWN HALL BUILDING AND SENIOR CENTER:
Councilor Meaker moved the adoption of a resolution authorizing the Supervisor to
execute an agreement with JANITORIAL/CLEANING SERVICES FOR THE TOWN OF CLAY TOWN HALL BUILDING AND SENIOR CENTER with - Oswego Industries for Two Thousand Seven Hundred Seventy and 63/100 ($2,770.63) Dollars to be billed on a monthly basis under the same terms and conditions for a term of four (4) months, commencing March 1, 2022 and terminating June 30, 2022. The agreement shall be approved as to form and content by the Town Attorney. Motion was seconded by Councilor Magaro-Dolan.
Ayes – 6 and Noes – 0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD – March 7, 2022 Town of Clay
4
Agreement (A) – JANITORIAL/CLEANING SERVICES FOR THE TOWN OF CLAY HIGHWAY DEPARTMENT:
Councilor Meaker moved the adoption of a resolution authorizing the Supervisor to
execute an agreement with JANITORIAL/CLEANING SERVICES FOR THE TOWN OF CLAY HIGHWAY DEPARTMENT with Oswego Industries for Two Thousand Three Hundred Fourteen and 05/100 ($2,314.05) Dollars to be billed on a monthly basis under the same terms and conditions for a term of four (4) months, commencing March 1, 2022 and terminating June 30, 2022. The agreement shall be approved as to form and content by the Town Attorney. Motion was seconded by Councilor Magaro-Dolan.
Ayes – 6 and Noes – 0. Motion carried.
Authorization - Town of Clay’s Public Employer Mandatory Health Emergency Plan:
Councilor Bick moved the adoption of a resolution allowing the Supervisor to
reauthorize the Town of Clay’s Public Employer Mandatory Health Emergency Plan. This law was signed by the Governor on September 7, 2020 and requires public employers to create plans to protect employees and contractors in the event of another public health emergency declaration in NYS. The Town of Clay’s plan has been developed in accordance with NYS legislation S8617B/A10832 and approved by Teamster’s Local 317 on February 2, 2021. Motion was seconded by Councilor Meaker.
Ayes – 6 and Noes – 0. Motion carried.
Purchase/Highway - ONE (1) 2023 WESTERN STAR 47X CUMMINS X12
STEEL DUMP BODY:
Councilor Pleskach moved the adoption of a resolution approving the purchase of
USE BY THE HIGHWAY DEPARTMENT for a sum not to exceed Two Hundred Seventy-Seven Thousand, Two Hundred and Eighty-Six Dollars and 00/100 ($277,286.00), under ONONDAGA COUNTY TRUCK BID #8996. Motion was seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD – March 7, 2022 Town of Clay
5 Bond Resolution/Purchase/Highway - ONE (1) 2023 WESTERN STAR 47X
STAINLESS STEEL DUMP BODY:
Councilor Pleskach moved the adoption of a BOND RESOLUTION in the amount
of $277,286.00 for the purchase of ONE (1) 2022 WESTERN STAR 47X
DEPARTMENT. Motion was seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
Purchase/Highway - ONE (1) 2023 WESTERN STAR 47X DD13 505HP
DUMP BODY:
Councilor Pleskach moved the adoption of a resolution approving the purchase of
USE BY THE HIGHWAY DEPARTMENT for a sum not to exceed Two Hundred Eighty Thousand, Eight Hundred and Seventy-Two Dollars and 00/100 ($280,872.00), under ONONDAGA COUNTY TRUCK BID #8996. Motion was seconded by Councilor Magaro-Dolan.
Ayes – 6 and Noes – 0. Motion carried.
Bond Resolution/Purchase/Highway - ONE (1) 2023 WESTERN STAR 47X
STEEL DUMP BODY:
Councilor Pleskach moved the adoption of a BOND RESOLUTION in the amount
of $280,872.00 for the purchase of ONE (1) 2023 WESTERN STAR 47X DD13
STEEL DUMP BODY FOR USE BY THE HIGHWAY DEPARTMENT. Motion was seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
Purchase/Highway - ONE (1) 2022 FORD F-150 V-6 TRUCK, ONE (1) 2022 CHEVROLET SILVERADO 2500HD CUSTOM 4WD TRUCK and (2) TWO 2022 CHEVROLET SILVERADO 2500HD CUSTOM 4WD TRUCKS:
Councilor Pleskach moved the adoption of a resolution approving the purchase of
ONE (1) 2022 FORD F-150 V-6 TRUCK for a sum not to exceed Forty-Seven Thousand, Five Hundred and Ninety Dollars and 00/100 ($47,590.00); ONE (1)
REGULAR MEETING OF THE TOWN BOARD – March 7, 2022 Town of Clay
6 to exceed $65,000.00; and (2) TWO 2022 CHEVROLET SILVERADO 2500HD CUSTOM 4WD TRUCKS for a sum not to exceed $91,342.00. Motion was seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
Bond Resolution/Purchase/Highway - ONE (1) 2022 FORD F-150 V-6 TRUCK, ONE (1) 2022 CHEVROLET SILVERADO 2500HD CUSTOM 4WD TRUCK and (2) TWO 2022 CHEVROLET SILVERADO 2500HD CUSTOM 4WD TRUCKS:
Councilor Pleskach moved the adoption of a BOND RESOLUTION in the amount
not to exceed $203,932.00, for the purchase of ONE (1) 2022 FORD F-150 V-6
TRUCK and (2) TWO 2022 CHEVROLET SILVERADO 2500HD CUSTOM 4WD TRUCKS FOR USE BY THE HIGHWAY DEPARTMENT. Motion was seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
Purchase/Highway - ONE (1) 2021 NEW HOLLAND SKID STEER W/18’ BRADCO 3 FUNCTION COLD PLANER:
Councilor Pleskach moved the adoption of a resolution approving the purchase of
ONE (1) 2021 NEW HOLLAND SKID STEER W/18’ BRADCO 3 FUNCTION COLD PLANER FOR USE BY THE HIGHWAY DEPARTMENT for a sum not to exceed Eighty One Thousand, Six Hundred and Ninety Dollars and 00/100 ($81,690.00), under NYSOGS BID NO. PC67265 (Contractor – Tracey Road Equipment). Motion was seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
Purchase/Highway - ONE (1) 2022 FELLING XF110-3 HDG-SL LOWBOY TRAILER:
Councilor Pleskach moved the adoption of a resolution approving the purchase of
THE HIGHWAY DEPARTMENT for a sum not to exceed Ninety Six Thousand, Two Hundred and Forty Eight Dollars and 00/100 ($96,248.00), under SOURCEWELL CONTRACT #121918-FTS (Contractor – Tracey Road Equipment). Motion was seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD – March 7, 2022 Town of Clay
7 Transfer of Funds (Capital Reserve) – Highway Purchase ONE (1) 2021 NEW HOLLAND SKID STEER W/18’ BRADCO 3 FUNCTION COLD PLANER and ONE (1) 2022 FELLING XF110-3 HDG-SL LOWBOY TRAILER:
Councilor Pleskach moved the adoption of a resolution approving the transfer in the
amount of $177,938.00 from the Capital Reserve Account to the Highway Capital Fund to pay for the purchase of ONE (1) 2021 NEW HOLLAND SKID STEER W/18’ BRADCO 3 FUNCTION COLD PLANER FOR USE BY THE HIGHWAY DEPARTMENT for a sum not to exceed Eighty One Thousand, Six Hundred and Ninety Dollars and 00/100 ($81,690.00) and ONE (1) 2022 FELLING XF110-3
for a sum not to exceed Ninety Six Thousand, Two Hundred and Forty Eight Dollars and 00/100 ($96,248.00), said resolution subject to permissive referendum. Motion was seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
PDD – CLAY MARKETPLACE (A) – Accepting Recommendation for Project Plan:
Councilor Meaker moved the adoption of a resolution that the Town Board of Clay
accepts the recommendations of the Planning Board for the CLAY MARKETPLACE project plan, as submitted by LAN-DEV ASSOCIATES, LLC., as well as shown on the map, dated October 28, 2020, last revised March 14, 2021, to reflect a Planned Development District (PDD).
WHEREAS, a Project Plan was received for a Preliminary Planned Development
District (PDD) to be known as CLAY MARKETPLACE, located on the Northeast corner of NYS Route 31 and Henry Clay Blvd, Tax Map No. 045.-01-02.1. Amended Project Plan consists of a total of 14.9 acres comprised of ninety-six (96) apartment units, in two (2), three-story buildings, and commercial sites consisting of ±30,000 square feet of retail, restaurant and office space.
NOW THEREFORE, BE IT RESOLVED that the said application be the same
and is hereby accepted. Motion was seconded by Councilor Magaro-Dolan.
The Supervisor called for a roll call vote and it went as follows:
Councilor Magaro-Dolan – Aye
Councilor Meaker - Aye Councilor Young – Aye
Supervisor Ulatowski – Aye Councilor Bick – No
Councilor Pleskach – No
Ayes – 4 and Noes – 2. Motion carried.
REGULAR MEETING OF THE TOWN BOARD – March 7, 2022 Town of Clay
8 Zone Change (CPH) – Town Board Case # 1171 - CHICK-FIL-A:
Councilor Magaro-Dolan moved the adoption of a resolution calling a public hearing
March 21, 2022, commencing at 7:35 P.M., local time, to consider the application of BOHLER ENGINEERING., for a Zone Change for CHICK-FIL-A, South Bay Road, from R-10 to LuC-2, Tax Map No. 118.-01-02.0 consisting of +/-.25 acres of land. Motion was seconded by Councilor Young.
Ayes – 6 and Noes – 0. Motion carried.
Zone Change (CPH) – Town Board Case # 1172 – CLAY VOLUNTEER FIRE DEPARTMENT INC:
Councilor Magaro-Dolan moved the adoption of a resolution calling a public hearing
March 21, 2022, commencing at 7:38 P.M., to consider the application of IANUZI & ROMANS LAND SURVEYING, P.C., for a Zone Change for CLAY VOLUNTEER FIRE DEPARTMENT INC., located at 4383 State Route 31, from Government District to R-15, Tax Map Nos. 075.-01-02.1 and 075.-01-02.2 consisting of +/-.84 acres of land. Motion was seconded by Councilor Meaker.
Ayes – 6 and Noes – 0. Motion carried.
ZONE CHANGE (CPH) – Town Board Case # 1157 –CLAY MARKETPLACE (PDD):
Councilor Meaker moved the adoption of a resolution calling a public hearing March
21, 2022, commencing at 7:41 P.M., local time, to consider the zone change to a Preliminary Planned Development District (PDD) to be known as CLAY MARKETPLACE, located on the Northeast corner of NYS Route 31 and Henry Clay Blvd, Tax Map No. 045.-01-02.1. Amended Project Plan consists of a total of 14.9 acres comprised of ninety-six (96) apartment units, in two (2), three-story buildings, and commercial sites consisting of ±30,000 square feet of retail, restaurant and office space. Motion was seconded by Councilor Magaro-Dolan.
The Supervisor called for a roll call vote and it went as follows:
Councilor Magaro-Dolan – Aye
Councilor Meaker - Aye Councilor Young – Aye
Supervisor Ulatowski – Aye Councilor Bick – No
Councilor Pleskach – No
Ayes – 4 and Noes – 2. Motion carried.
Contract/Agreement (A) –Plumley Engineering:
Councilor Magaro-Dolan moved the adoption of a resolution allowing the Town to
enter into a contract with Plumley for ENGINEERING SERVICES for the Willow REGULAR MEETING OF THE TOWN BOARD – March 7, 2022 Town of Clay
9 Stream Dam State ID #082-5265 located in the Town of Clay in the amount of $14,700.00. Proposal to include Dam Inspection and Mapping; Development and implementation of an Inspection and Maintenance Plan; Development of an Emergency Action Plan; Engineering Assessment; and DEC Submission. Motion was seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
The meeting was adjourned at 7:56 P.M. upon motion by Councilor Young and seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
_____________________________________
Jill Hageman-Clark RMC / Town Clerk