Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.
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 March, 2013 at 7:30 P.M., there were:
PRESENT:
Robert L. Edick
Acting Supervisor
Naomi R. Bray
Councilor
Joseph A. Bick
Councilor
Eugene Young
Councilor
Jill Hageman-Clark
Town Clerk
Mark V. Territo
Commissioner of Planning and Development
Robert Germain
Town Attorney
Ron DeTota
Town Engineer
ABSENT:
Damian Ulatowski Supervisor
William C. Weaver Councilor
Bruce N. Johnson Councilor
The meeting was called to order by Acting Supervisor Edick at 7:30 P.M. All
present joined in the Pledge of Allegiance.
Approval of Minutes:
Councilor Bick moved the adoption of a resolution to Approve the Minutes of the
March 4th 2013 Town Board Meeting. Motion was seconded by Councilor Bray.
Ayes-4 and Noes-0. Motion carried.
Cancellation and/or requested adjournments.
None
Correspondence:
None
REGULAR MEETING:
Agreement/ Termination of Covenants & Restrictions (PH/Adj.) - WAL- MART REAL ESTATE BUSINESS TRUST:
A public hearing to consider the petition of a proposed Termination of Covenants and Restrictions Agreement by and between WAL-MART REAL ESTATE BUSINESS TRUST and the TOWN OF CLAY on part of land located at 8770 Dell Center Drive was opened by Acting Supervisor Edick.
REGULAR MEETING OF THE TOWN BOARD - March 18th, 2013 Town of Clay
2
Kelly Pronti was present as legal council for the applicant. Ms. Pronti began by explaining that Wal-Mart wishes to relocate to the vacant SAMs Club building, next door to the existing Wal-Mart store, therefore necessitating a termination of the restrictive covenants. The covenants restrict the retail use on a portion of this parcel. Ms. Pronti continued that COR had successfully petitioned to have covenants removed on some of the adjoining parcels.
Acting Supervisor Edick asked where on the parcel the covenants are. Ms. Pronti said that it is the top half of the parking lot. He then asked if there were any additional questions. There being none, he closed the public hearing.
LAND DONATION to the TOWN of CLAY from SAMUEL J. SAMMARCO/ CHERRINGTON WEST SUBDIVISION, SECTION NO. 3:
Councilor Bick moved the adoption of a resolution accepting a LAND DONATION
from SAMUEL J. SAMMARCO, of approximately 1,500 square feet, located in the CHERRINGTON WEST SUBDIVISION, SECTION NO. 3, between block 31 and block 32. Tax Map No. 057.-03-18.0.
WHEREAS, Mr. Sammarco acquired said property at tax sale proceedings in
2006; and
WHEREAS, this additional property will tie into Town-owned green space
providing permanent access to this piece of land.
NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF
Acquire said parcel of land, and that the Supervisor
or his designee is hereby authorized to execute all necessary documents. Motion was seconded by Councilor Bray.
Ayes-4 and Noes-0. Motion carried.
Lighting - NEWBURY WOODS:
Councilor Young moved the adoption of a resolution authorizing the installation of
nine (9) 100 watt high pressure fixtures to be installed on 14’ fiberglass embedded poles using 100 watt fixtures to be installed in NEWBURY WOODS to help illuminate new development. The estimated annual cost for the underground lighting fixtures is $2,386.35. This will be charged to the Town UNDERGROUND LIGHTING DISTRICT (LT246). Motion was seconded by Councilor Bick.
Ayes-4 and Noes-0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD - March 18th, 2013 Town of Clay
3 Lighting - Mesa Lane, Kidron Lane, Scotia Lane, Metauro Drive, Lobos Lane, Renfrew Drive, Portobello Way, Winterpark Drive, Reddeer Road, and Oldbury Road:
Councilor Young moved the adoption of a resolution authorizing NATIONAL GRID
to change out the luminaries (55 in total) to upgrade to the Town standard on Mesa Lane, Kidron Lane, Scotia Lane, Metauro Drive, Lobos Lane, Renfrew Drive, Portobello Way, Winterpark Drive, Reddeer Road, and Oldbury Road. The estimated annual increased cost for the luminaire upgrades is $3,791.15 and will be charged to the UNDERGROUND LIGHTING DISTRICT (LT246). Motion was seconded by Councilor Bray.
Ayes-4 and Noes-0. Motion carried.
Project/Easements - COUNTRY MEADOW SUBDIVISION:
Councilor Bick moved the adoption of a resolution accepting the sanitary sewer,
water, and drainage easement on twenty-eight (28) ± acres of vacant land adjacent to the COUNTRY MEADOW SUBDIVISION, from BARBARA M. AND GLEN SOUTHERDEN, TRUSTEES SOUTHERDEN LIVING TRUST Tax Map No.
074.-01-16.0. Motion was seconded by Councilor Bray.
Ayes-4 and Noes-0. Motion carried.
Authorization/Agreement - STROPP APPRAISALS:
Councilor Young moved the adoption of a resolution authorizing ERIKSEN E.
STROPP, of STROPP APPRAISAL, to prepare formal appraisals for trial purposes in the matter of: BIRCHWOOD ELDERWOOD HEALTH vs. TOWN OF CLAY located at 4800 Bear Road, Tax Map No. 107.-18-13. Said appraisal fees not to exceed $2,200.00. Motion was seconded by Councilor Bray.
Ayes-4 and Noes-0. Motion carried.
Assessment/ Certiorari - MACY’S RETAIL HOLDINGS, INC.:
Councilor Bray moved the adoption of a resolution authorizing and approving the
settlement of the certiorari action entitled MACY’S RETAIL HOLDINGS, INC., MACYS INC. vs. THE ASSESSOR OF THE TOWN OF CLAY, et al, Tax Map No. 028.-01-40.3 on property located at 4081-4155 State Route 31, Clay, NY, reducing the Assessment from $223,500.00 to $151,200.00 for Tax Years 2009- 2011, Index Nos.: 2009-5157, 2010-3716, 2011-4113 and from $223,500.00 to $130,200.00 for Tax Year 2012, Index No.: 2012-EF30. Motion was seconded by Councilor Bick.
Ayes-4 and Noes-0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD - March 18th, 2013 Town of Clay
4 Easement/ Abandonment(new)(A) - PATRICIA E. GRANTEED n/k/a PATRICIA E. RUSSELL:
Councilor Bick moved the adoption of a resolution approving the PARTIAL
ABANDONMENT of a drainage easement located on property known as 8425 Sugar Pine Circle in the TOWN OF CLAY, to the owner Patricia E. Granteed, n/k/a Patricia E. Russell, as show on a map as "PORTION OF EASEMENT TO BE RELEASED.” If approved and authorizing the Supervisor to execute the necessary instrument therefore. The original abandonment was approved in 2000, but not recorded. This new abandonment is expanded 2.5 feet, as corrected. Contingent upon receipt and approval of a legal description for said release of easement by the Town Engineers and as to form and content by the Town Attorney. Motion was seconded by Councilor Bray.
Ayes-4 and Noes-0. Motion carried.
The meeting was adjourned at 7:42 P.M. upon motion by Councilor Bray and seconded by Councilor Bick.
Ayes-4 and Noes-0. Motion carried.