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At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 4th of November, 2015 at 7:30 P.M., there were:
PRESENT:
Damian Ulatowski Supervisor
Joseph A. Bick
Deputy Supervisor/Councilor
Naomi R. Bray
Councilor
William C. Weaver Councilor
Jim Rowley
Councilor
Eugene Young
Councilor
David Hess
Councilor
Jill Hageman-Clark
Town Clerk
Mark V. Territo
Commissioner of Planning and Development
John Marzocchi
Town Attorney
Ron DeTota
Town Engineer
ABSENT:
Robert Germain
Town Attorney
OTHERS PRESENT:
Russ Mitchell, Hal Henty – Planning Board Members, Dorothy Heller – Town Historian and Tim Ellis from the North Syracuse Volunteer Fire Department.
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 Hess made a motion to approve the minutes of the October 19, 2015
meeting. Motion was seconded by Councilor Rowley.
Ayes – 6 and Noes – 0. Motion carried. Supervisor Ulatowski abstained due to his
absence at that meeting.
Cancellation and/or requested adjournments.
Supervisor Ulatowski explained that agenda items numbered 11, 12, 13 and 15 will be adjourned.
REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
2 Correspondence:
Supervisor Ulatowski recognized Fire Chief Tim Ellis from the North Syracuse Volunteer Fire Department adding that we are all thankful for the wonderful job that these volunteers do to provide us with fire protection.
The Supervisor asked if anyone wished to address the Board on any items not on the agenda. No one responded.
REGULAR MEETING:
Supervisor Ulatowski said that he would open the next three 2016 Budget hearings together. John Shehadi was present to speak on behalf of the budget hearings.
(IH):
An informational hearing to consider the TENTATIVE BUDGET FOR THE TOWN OF CLAY FOR THE YEAR 2016 was opened by the Supervisor; proof of publication and posting was furnished by the Town Clerk.
Supervisor Ulatowski began by reading his budget message. He outlined the diligent measures such as the solar arrays and the reduction of energy costs associated with that and the Bayberry Porous Pavement Project funded by a grant. He continued that the Town of clay continues to provide services while maintaining fiscal responsibility despite rising costs for salaries, benefits and pensions. Additionally the Town of Clay has delivered a budget below the Governors 2% tax cap therefore eliminating the necessity of Local Law No. 2 of 2015. (See attached copy of the 2016 Budget Message)
(PH) 2016 Special Districts Budget for the Town of Clay:
A public hearing to consider the adoption of the proposed 2016 Special Districts Budget for the Town of Clay.
(PH) 2016 Fire Protection Budget for the Town of Clay:
A public hearing to consider the adoption of the proposed 2016 Fire Protection Budget for the Town of Clay.
(PH) 2016 Uniform Water Budget for the Town of Clay:
A public hearing to consider the adoption of the proposed 2016 Uniform Water Budget for the Town of Clay.
REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
3 Mr. Shehadi began by explaining that the Special Districts Budget pertains to the 6 utility services that the residents receive such as Trash, Brush, Sewer, Drainage, Water and Lighting.
The Fire Protection portion of the taxes is for the four fire companies (Clay, Moyers Corners, Brewerton and Caughdenoy) in addition to the village of North Syracuse that serve the residents of the Town of Clay.
One third of the Town of Clay is served by Clay water; the water is purchased by OCWA wholesale and sold to those residents served, below the cost OCRA charges their customers.
Mr. Shehadi explained the challenge in keeping the budget below the tax cap when so many factors such as rising costs of salaries, pensions and benefits as well as oil and salt for the Highway Department are involved. Supervisor Ulatowski thanked the Comptroller.
Councilor Rowley asked about budgeting programs for the Parks and Recreation Department. Mr. Shehadi explained that there are so many factors involved such as changing programs and enrollments that would make it difficult to attempt to budget.
Russ Mitchell explained that the Town of Clay has presented a responsible budget for many years now. Addressing the students present, he explained that the major portion of tax monies collected does not stay here. He continued that although the Town of Clay collects the school taxes, they are not utilized by the town, they are utilized by the schools and that is the major portion of the tax bill. He directed the students to ask their parents to see their tax bill and to become familiar with where the money goes.
There being no more questions the Supervisor closed the public hearings. Proposed 2016 Preliminary Budget for the Town of Clay as the Annual Budget(PH):
No Action REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
4
LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3-C (PH):
No action.
Project/sewer (PH) - CLAY SHOPPING CENTER SEWER DISTRICT CONTRACT NO. 2 – LATERAL:
A public hearing to consider an amended Petition for the sewer district within the Town of Clay known as “CLAY SHOPPING CENTER SEWER DISTRICT” and for the construction and acquisition of a sewer system therein to be designated and known as “CLAY SHOPPING CENTER SEWER DISTRICT CONTRACT NO. 2 – LATERAL.” (Adjourned to this date and time from the October 19, 2015 Town Board Meeting) was opened by the Supervisor.
Alex Wisnewski spoke on behalf of this application. He explained that this is to reduce the stress on the Oak Orchard Sewage Treatment Plant instead diverting it to Wetzel Road Treatment Plant. This will serve COR and the Apartments as well as Willowstream. There will be a new connection from Dell Center to reroute to the County trunk continuing south.
Supervisor Ulatowski asked if it will allow for other connections and it will. There being no more questions or comments, the Supervisor closed the public hearing. Zone Change (PH/adj.) – Town Board Case # 1085 - STEWART'S SHOPS CORP. AND PITCHER HILL ASSOCIATES:
The public hearing was adjourned to November 16, 2015 at 7:41 based upon a
motion made by Councilor Bray and seconded by Councilor Hess.
Ayes – 7 and Noes – 0. Motion carried.
Special Permit (PH/adj.) – Town Board Case # 1084 - SOS REAL ESTATE HOLDING COMPANY, LLC:
A public hearing to consider the application of SOS REAL ESTATE HOLDING COMPANY, LLC FOR A SPECIAL PERMIT pursuant to Section No. 230-18 of the Town Code to allow for site development on vacant land for a 2-story Medical Office Building on property located at 8324 Oswego Road, Tax Map No. 054.-01- 49.1, currently zoned PDD. (Adjourned to this date and time from the October 19, 2015 Town Board Meeting) was opened by the Supervisor.
REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
5 Alex Wisnewski was present on behalf of the applicant. Supervisor Ulatowski asked for a brief overview. Mr. Wisnewski said that the applicant wishes to erect a two story medical facility in the currently zoned Willowstream PDD. The applicant must secure a Special Permit for a medical facility in the PDD and if granted the
applicant will go before the Planning Board for Site Plan approval. He continued that SOS would utilize the first floor with a future medical tenant on the second floor. Mr. Wisnewski explained that at the previous meeting there was a discussion regarding a traffic study and the applicant moved forward and had the study done. There is adequate parking. Access will be right in and right out only from Route 57 however the applicant may consider right in only. They are also proposing access from Shoveler. Councilor Hess suggested that the access from Shoveler not be directly in line with the access from Route 57 as this would cause the possibility of a cut through however it should be across from the park so not to interfere with the residential driveways.
Councilor Bick thanked the applicant for the traffic study and added that this is a good use for this parcel.
Supervisor Ulatowski asked if there were any additional questions or comments; hearing none he closed the public hearing. Alex Wisnewski asked if there was any possibility of the Town Board voting tonight as the applicant has paid extra to keep the purchase offer open on this parcel. Supervisor Ulatowski said that if that were to happen it would not be until the end of the meeting pending legal counsel recommendation.
R-15-186 Audit – Judicial Audit for the year ending December 31, 2014:
Councilor Bick moved the adoption of a resolution that the Town of Clay does
hereby accept the Judicial Audit of the Town for the Fiscal Year ending December 31, 2014. Motion was seconded by Councilor Bray.
Ayes – 7 and Noes – 0. Motion carried.
R-15-187 (A) 2016 Special Districts Budget for the Town of Clay:
Councilor Young moved the adoption of a resolution approving and adopting the
proposed 2016 Special Districts Budget for the Town of Clay. Motion was seconded by Councilor Weaver.
Ayes – 7 and Noes – 0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
6 R-15-188 (A) 2016 Fire Protection Budget for the Town of Clay:
Councilor Young moved the adoption of a resolution approving and adopting the
proposed 2016 Fire Protection Budget for the Town of Clay. Motion was seconded by Councilor Weaver.
Ayes – 7 and Noes – 0. Motion carried.
R-15-189 (A) 2016 Uniform Water Budget for the Town of Clay:
Councilor Young moved the adoption of a resolution approving and adopting the
proposed 2016 Uniform Water Budget for the Town of Clay. Motion was seconded by Councilor Hess.
Ayes – 7 and Noes – 0. Motion carried.
R-15-190 2016 Tentative Budget for the Town of Clay (amended):
Councilor Rowley moved the adoption of a resolution to amend the 2016 Tentative
Budget for the Town of Clay as follows:
Decrease account A1620.4 Building-Contract Expense by $35,000.00. Decrease account DB5130.2 Machinery-Other Capital by $76,000.00. Decrease account A9010.801 State Retirement by $60,000.00.
Decrease account DM9010.801 State Retirement by $30,000.00.
Mr. Shehadi explained that it must be amended to not include the machine capital. Councilor Rowley moved to amend the adoption as noted. Motion was seconded by Councilor Hess.
Ayes – 7 and Noes – 0. Motion carried.
R-15-191 TENTATIVE BUDGET 2016 as the TOWN OF CLAY PRELIMINARY BUDGET(A):
Councilor Hess moved the adoption of a resolution approving the TENTATIVE
BUDGET as proposed or modified, for the Town of Clay for the year 2016 as the TOWN OF CLAY PRELIMINARY BUDGET for the fiscal year commencing January 1, 2016. Motion was seconded by Councilor Bick.
Ayes – 7 and Noes – 0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
7
(CPH):
Supervisor Ulatowski explained that the Board will not move on this resolution due to the lack of need as the budget is below the Governors Tax Cap.
No Action
R-15-192 Project (A) (final plans) - ROUTE 31 SEWER DIVERSION PROJECT:
Councilor Hess moved the adoption of a resolution approving the Final Plans
(Contract Documents) for the ROUTE 31 SEWER DIVERSION PROJECT (Clay Shopping Center Sewer District, Contract No. 2 – Lateral) and authorizing the Supervisor to execute the documents necessary therefore. Motion was seconded by Councilor Rowley.
Ayes – 7 and Noes – 0. Motion carried.
R-15-193 Project/sewer (A) - CLAY SHOPPING CENTER SEWER DISTRICT CONTRACT NO. 2 – LATERAL:
Councilor Bray moved the adoption of a resolution approving the construction and
acquisition of a lateral sewer system within the CLAY SHOPPING CENTER SEWER DISTRICT, and for the construction and acquisition of a sewer system therein to be designated and known as “CLAY SHOPPING CENTER SEWER DISTRICT, CONTRACT NO. 2 – LATERAL.” (Route 31 Sewer Diversion Project). Motion was seconded by Councilor Weaver.
Ayes – 7 and Noes – 0. Motion carried.
R-15-194 Authorization/Project (amended) - ROUTE 31 SEWER DIVERSION PROJECT:
Councilor Hess moved the adoption of a resolution authorizing the Supervisor to
enter into an Amended Agreement on behalf of the Town with COR VERPLANK ROAD COMPANY, LLC for the construction of the ROUTE 31 SEWER DIVERSION PROJECT, and to execute the documents necessary therefore. Motion was seconded by Councilor Rowley.
Ayes – 7 and Noes – 0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
8
R-15-195 Bid AWARD - COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 1:
Councilor Rowley moved the adoption of a resolution awarding a 5 year contract for
within the Town of Clay to BUTLER DISPOSAL SYSTEMS, INC. for the low bid of $379,944.00. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Bray.
Ayes – 7 and Noes – 0. Motion carried.
R-15-196 Bid AWARD - COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 2:
Councilor Weaver moved the adoption of a resolution awarding a 5 year contract for
within the Town of Clay to BUTLER DISPOSAL SYSTEMS, INC. for the low bid of $2,509,037.60. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Rowley.
Ayes – 7 and Noes – 0. Motion carried.
R-15-197 Bid AWARD - COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 3:
Councilor Bick moved the adoption of a resolution awarding a 5 year contract for
within the Town of Clay to BUTLER DISPOSAL SYSTEMS, INC. for the low bid of $1,568,324.40. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Hess.
Ayes – 7 and Noes – 0. Motion carried.
R-15-198 Bid AWARD - COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 4:
Councilor Bray moved the adoption of a resolution awarding a 5 year contract for
within the Town of Clay to BUTLER DISPOSAL SYSTEMS, INC. for the low bid REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
9 of $1,542,994.80. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Rowley.
Ayes – 7 and Noes – 0. Motion carried.
R-15-199 Bid AWARD - COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 5:
Councilor Hess moved the adoption of a resolution awarding a 5 year contract for
(INCLUDING CLAIRMONT-FOUR SEASONS REFUSE DISTRICT) within the Town of Clay to BUTLER DISPOSAL SYSTEMS, INC. for the low bid of $1,365,687.60. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Bick.
Ayes – 7 and Noes – 0. Motion carried.
R-15-200 Bid AWARD - COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 6:
Councilor Young moved the adoption of a resolution awarding a 5 year contract for
within the Town of Clay to BUTLER DISPOSAL SYSTEMS, INC. for the low bid of $400,348.40. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Rowley.
Ayes – 7 and Noes – 0. Motion carried.
R-15-201 Bid AWARD - COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 7:
Councilor Rowley moved the adoption of a resolution awarding a 5 year contract for
within the Town of Clay to BUTLER DISPOSAL SYSTEMS, INC. for the low bid of $2,176,234.80. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Bick.
Ayes – 7 and Noes – 0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
10 R-15-202 Bid AWARD - COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 8:
Councilor Weaver moved the adoption of a resolution awarding a 5 year contract for
(INCLUDING POMPTON KNOLLS REFUSE DISTRICT) within the Town of Clay to BUTLER DISPOSAL SYSTEMS, INC. for the low bid of $2,134,018.80. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Rowley.
Ayes – 7 and Noes – 0. Motion carried.
R-15-203 Bid AWARD - THE COLLECTION AND DISPOSAL OF BRUSH FOR CLAY BRUSH REMOVAL DISTRICT NOS. 2, 3, AND 4:
Councilor Bick moved the adoption of a resolution awarding a 3 year contract for
REMOVAL DISTRICT NOS. 2, 3, AND 4 within the Town of Clay to SUPERIOR WASTE REMOVAL, INC. for the low bid of $479,759.28. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Hess.
Supervisor Ulatowski excused himself to confer with the Town Attorney.
Ayes – 6 and Noes – 0. Motion carried.
R-15-204 Bid AWARD - THE COLLECTION AND DISPOSAL OF BRUSH FOR CLAY BRUSH REMOVAL DISTRICT NOS. 5, 7, AND 8:
Councilor Hess moved the adoption of a resolution awarding a 3 year contract for
REMOVAL DISTRICT NOS. 5, 7, AND 8 within the Town of Clay to SUPERIOR WASTE REMOVAL, INC. for the low bid of $484,504.02. Said amount being the lowest responsible bidder. Motion was seconded by Councilor Rowley.
Ayes – 6 and Noes – 0. Motion carried.
R-15-205 Agreement/Authorization - STORMWATER AND EDUCATION COMPLIANCE ASSISTANCE PROGRAM:
Councilor Young moved the adoption of a resolution supporting participation in the
Central New York Regional Planning & Development Board’s year 8
PROGRAM and authorizing the Supervisor to act on behalf of the Town of Clay REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
11 and execute any and all documents necessary with regard to said matters. In line with the recommendations of the CNY Stormwater Coalition Finance Committee, the CNY RPDB (Regional Planning & Development Board) has adopted a FLAT FEE STRUCTURE to simplify the municipal budgeting process. At $3,600.00 PER MUNICIPALITY, this rate reflects shared costs for common services provided equally to all participating municipalities regardless of size or population. The funds will be available to the Board no later than January 31, 2016 to complete the project, and a certified copy of this resolution will be prepared and sent to the Board no later than November 12, 2015. Motion was seconded by Councilor Bick.
Ayes – 6 and Noes – 0. Motion carried.
Supervisor Ulatowski returned.
R-15-206 Bid Authorization - PROVIDING AND MAINTAINING A POUND/
TOWN OF CLAY:
Councilor Bick moved the adoption of a resolution authorizing the advertisement of
bids for PROVIDING AND MAINTAINING A POUND/SHELTER FOR
CLAY. Said bids to be received at the Office of the Purchasing Director, County of Onondaga, 421 Montgomery Street, Syracuse, New York, until 2:00 P.M., local time on November 20, 2015. Motion was seconded by Councilor Hess.
Ayes – 7 and Noes – 0. Motion carried.
R-15-207 Traffic & Vehicles (CPH) – FOUR STOP SIGNS - LOBELIA DRIVE/ WINTERSWEET DRIVE; LOBELIA DRIVE/ ASTILBE PATH; ASTILBE PATH/ WINTERSWEET DRIVE & WINTERSWEET DRIVE/ OPAL DRIVE:
Councilor Bick moved the adoption of a resolution calling a public hearing
November 16, 2015, commencing at 7:38 P.M., local time to consider the amendment of CHAPTER 211, TRAFFIC AND VEHICLES ORDINANCE of the Code of the Town of Clay, SECTION 211-12 “STOP INTERSECTIONS,” SCHEDULE IX (§211-42), of the Town of Clay Municipal Code to designate and provide for FOUR (4) STOP SIGNS to be installed on the northeast corner of LOBELIA DRIVE where it intersects with WINTERSWEET DRIVE, southwest corner of LOBELIA DRIVE where it intersects with ASTILBE PATH, northwest REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
12 corner of ASTILBE PATH where it intersects with WINTERSWEET DRIVE and the northeast corner of WINTERSWEET DRIVE where it intersects with OPAL DRIVE; and the installation of the necessary signs therefore. Motion was seconded by Councilors Bray.
Ayes – 7 and Noes – 0. Motion carried.
R-15-208 Assessment/Certiorari – great Northern Holdings, LLC and PWR3-4155 STATE ROUTE 31 LLC:
Councilor Rowley moved the adoption of a resolution authorizing and approving
settlement of the New York State Supreme Court Tax Certiorari action entitled “In the Matter of Great Northern Holdings, LLC and PWR3-4155 State Route 31 LLC v. Town of Clay Tax Map Nos. 028-01-43.0, 028.01-45.1, 028-01-40.4, 028-01- 44.0 and 028-01-42 on property located at 4155 State Route 31, Clay NY commonly known as the Great Northern Mall properties for the tax years 211, 2012, 2013, 2014 and 2015 in accordance with the terms and conditions contained in the proposed Stipulation of Settlement provided to the Board, by agreeing upon a full market value for assessment purposes for 2016 in the amount of Thirty Four Million Dollars ($34,000,000.00) and extending RPTL Section 727 protection by freezing that value for a four (4) year period and authorizing payment of refunds for past years of litigation pending in the total amount of $5,000,000.00 with the Town portion of refunds at $36,390.91 and including General Fire District refunds in the amount of $13,424.03, in an amount not to exceed $53,000.00 in accordance with the terms and conditions outlined in a Memorandum from Germain & Germain to the Town Board dated November 4th, 2015, as well as authorizing the Supervisor and Town Attorney to execute the proposed “Stipulation of Settlement” in the matter and any and all documents necessary to complete the transaction. Motion was seconded by Councilor Bick.
Mr. Marzocchi recommended approval.
Ayes – 7 and Noes – 0. Motion carried.
Supervisor Ulatowski stated that he had spoken with legal counsel and if the Board was in agreement he would go ahead with decision for SOS. The Town Board was in agreement to move forward with this application.
R-15-209 Special Permit (SEQR) – Town Board Case # 1084 - SOS REAL ESTATE HOLDING COMPANY, LLC:
Councilor Rowley moved the adoption of a resolution that the application of SOS REAL
ESTATE HOLDING COMPANY, LLC FOR A SPECIAL PERMIT pursuant to Section No. 230-18 of the Town Code to allow for site development on vacant land for a 2-story Medical Office Building on property located at 8324 Oswego Road, Tax Map No. 054.-01-49.1, REGULAR MEETING OF THE TOWN BOARD – November 4th, 2015 Town of Clay
13 currently zoned PDD, 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 Councilors Hess.
Ayes – 7 and Noes – 0. Motion carried.
R-15-210 Special Permit (A) – Town Board Case # 1084 - SOS REAL ESTATE HOLDING COMPANY, LLC:
Councilor Rowley moved the adoption of a resolution approving the application of SOS REAL
ESTATE HOLDING COMPANY, LLC FOR A SPECIAL PERMIT pursuant to Section No. 230-18 of the Town Code to allow for site development on vacant land for a 2-story Medical Office Building on property located at 8324 Oswego Road, Tax Map No. 054.-01-49.1. Motion was seconded by Councilors Hess.
Ayes – 7 and Noes – 0. Motion carried.
The meeting was adjourned at 8:28 P.M. upon motion by Councilor Bray and seconded by Councilor Bick.
Ayes-7 and Noes-0. Motion carried.
_____________________________________
Jill Hageman-Clark, RMC Town Clerk