Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.
At the Regular and Organizational Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 19th of January 2011 at 7:30 P.M., there were:
PRESENT:
Damian M. Ulatowski Supervisor
Robert L. Edick
Deputy Supervisor/Councilor
Clarence A. Rycraft Councilor
Naomi R. Bray
Councilor
William C. Weaver Councilor
Joseph A. Bick
Councilor
Bruce N. Johnson Councilor
Jill Hageman-Clark
Town Clerk
Mark V. Territo
Commissioner of Planning and Development
Robert M. Germain Town Attorney
Ron DeTota
Town Engineer
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 Bray moved the adoption of a resolution approving the Minutes of the
Regular Town Board Meeting held on January 3rd, 2011. Motion was seconded by Councilor Johnson.
Ayes-7 and Noes-0. Unanimously carried.
CORRESPONDENCE:
None
CANCELLATION AND/OR REQUESTED ADJOURNMENTS:
Supervisor Ulatowski stated that COR - Ver Plank LLC, had requested an adjournment. Zone Change (SEQR) -Town Board Case No. 1022 - THE SALVATION ARMY and G. DAVID BURDICK:
Councilor Bick moved the adoption of a resolution that the application of THE SALVATION
ARMY and G. DAVID BURDICK for a change of zone from LuC-1 Limited Use District for Gasoline Services to HC-1 Highway Commercial on property located at 3906 Brewerton Road, Tax Map No. 118.-01-07.1 and from LuC-1 Limited Use District for Gasoline Services REGULAR MEETING OF THE TOWN BOARD - January 19, 2011 Town of Clay
2 and RC-1 Regional Commercial District to HC-1 Highway Commercial, on property located at 3818 Brewerton Road, Tax Map No. 118.-01-08.1 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 on an EIS. Motion was seconded by Councilor Edick.
Ayes-7 and Noes-0. Unanimously carried.
Zone Change (A) -Town Board Case No. 1022 - THE SALVATION ARMY and G. DAVID BURDICK:
Councilor Bick moved the adoption of a resolution approving the application of THE
SALVATION ARMY and G. DAVID BURDICK for a change of zone from LuC-1 Limited Use District for Gasoline Services to HC-1 Highway Commercial on property located at 3906 Brewerton Road, Tax Map No. 118.-01-07.1 and from LuC-1 Limited Use District for Gasoline Services and RC-1 Regional Commercial District to HC-1 Highway Commercial, on property located at 3818 Brewerton Road, Tax Map No. 118.-01-08.1 Motion was seconded by Councilor Edick.
Councilor Bray commented that the Planning Board had given a favorable recommendation for this zone change adding that they have also recommended that the two lots involved be combined. This will be done administratively. Supervisor Ulatowski agreed and welcomed them to the Town.
Ayes-7 and Noes-0. Unanimously carried.
Local Law No. 1 of the Year 2011 - Chapter 230 entitled 'ZONING',Adding definitions to the I-1 & I-2 Zoning District-Commercial Nursery and Commercial Greenhouse: A public hearing to consider proposed local law to be entitled Local Law No. 1 of the Year 2011 amending Chapter 230, entitled ‘ZONING’, Sections 230-17C I-1 Industrial District, paragraph (2)(e) and 230-17D. I-2 Industrial District, paragraph (2)(e) by adding to such paragraphs Commercial Nursery and Commercial Greenhouse and renumbering accordingly to the Code of the Town of Clay was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. The purpose of this amendment would permit Commercial Nursery and Commercial Greenhouse in the I-1 and I-2 zoning districts by Town Board Special Permit approval.
Mark Weiss was present to speak in favor of this proposed Local Law. Mr. Weiss began by explaining that he lives at 4913 State Route 31 and his wife has had a greenhouse/nursery business but recently became aware that this was not allowed per the current code. She could produce the plants but potential customers were not allowed to drive up to purchase them. Mr. Weiss appeared before the Zoning Board of Appeals to apply for a variance. However due to the severe regulations he was unable to obtain a variance.
REGULAR MEETING OF THE TOWN BOARD - January 19, 2011 Town of Clay
3 Councilor Bray agreed with this Local Law adding that this is a non-invasive use of our Industrial Zone.
Chuck Mangan addressed the Board and read the following statement:
"Mr. Supervisor and Councilors, I Chuck Mangan, am a resident of the Town of Clay and I am part of the Zoning Board of Appeals. I am in favor of amending this local law concerning Industrial districts. I believe that it would make good use of now under utilized land.
During the last six months we have had two cases where residents in Industrial Zones wanted a variance from our Board to allow commercial nurseries or greenhouses. Our Board thoroughly investigated the situations. Our entire Board felt that the commercial nursery use was a good one. However we could not come up with a legal way to grant the variances.
I have been authorized by the other Board members to speak for them on this issue. All are in favor of this change. They include:
Art Fennhahn
Karen Liebi
Mark Smith
Gene Young Also, Vivian Mason, our former Town Clerk who participates in our meetings, is in favor of this change.
Thank you."
Russ Mitchell added that he is part of the Clairmont/ Four Seasons Home Owners Association, and is glad to see the land more utilized. He added that he applauds the Board for this action.
Supervisor Ulatowski thanked everyone.
Councilor Johnson moved the adoption of a resolution to refer this case to the Planning Board
and adjourn this public hearing to February 7, 2011 at 7:44 P.M. Motion was seconded by Councilor Edick.
Ayes-7 and Noes-0. Unanimously carried.
Local Law No. 2 of the Year 2011 - Chapter 22 entitled 'ETHICS', Sections 22-5, 22-6 & 22-14:
A public hearing to consider proposed local law to be entitled Local Law No. 2 of the Year 2011 amending Chapter 22 entitled ‘ETHICS’, Sections 22-5 Rules with respect to conflicts of interest; 22-6 Standards applying to all Town Employees; and 22-14 Powers, to make improvements to the Code of Ethics of the Town of Clay to comply with recommendations by NYS Comptroller was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.
REGULAR MEETING OF THE TOWN BOARD - January 19, 2011 Town of Clay
4 Robert Germain, Legal Counsel for the Town, began by explaining that most of the towns in NY were audited last year. The Town of Clay passed with flying colors but a few minor changes were needed. This amendment is just complying with the State Audit.
Supervisor Ulatowski asked if there were any questions. Hearing none, he closed the Public Hearing.
Zone Change (PH) Town Board Case No. 1020 - COR VER PLANK ROAD COMPANY, LLC:
A public hearing to consider the application of COR VER PLANK ROAD COMPANY, LLC, for a change of zone from RA-100 RESIDENTIAL AGRICULTURAL DISTRICT to RESIDENTIAL R-15 DISTRICT, on part of Tax Map No. 021.-01-2.3 consisting of 77.19± acres of land, located on Ver Plank Road and part of Tax Map No. 021.-01-03.4 being land located at 3950 Ver Plank Road and from R-APT APARTMENT DISTRICT to RESIDENTIAL R-15 DISTRICT on part of Tax Map No. 021.-01-2.3 consisting of 10.88± acres of land located on Ver Plank Road (Adjourned to this date and time at the January 3rd, 2010 Town Board Meeting.) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.
The applicant requested an adjournment.
Councilor Bick made a motion to adjourn this Public Hearing to February 7th , 2011 at 7:41
P.M. Motion was seconded by Councilor Edick.
Ayes-7 and Noes-0. Unanimously carried.
Securities (release) - WATERHOUSE LANDING SUBDIVISION, SECTION NO. 1:
Councilor Edick moved the adoption of a resolution, pursuant to the written recommendation of
the Town Engineers, authorizing the release of the security posted to guarantee the completion of the construction of the overland drainage facilities within the WATERHOUSE LANDING SUBDIVISION, SECTION NO. 1 from $25,000.00 to $5,000.00 to the developer COMBAT CONSTRUCTION, INC. Motion was seconded by Councilor Weaver.
Ayes-7 and Noes-0. Unanimously carried.
Traffic and Vehicles (D) - No Left Turn/ No Right Turn - Josephine Street:
Councilor Bray moved the adoption of a resolution denying amendment of CHAPTER 211
INTERSECTION – SCHEDULE VI (§211-39) of the Town of Clay Municipal Code to designate and provide for NO LEFT TURN FROM BELMORE DRIVE AS IT
REGULAR MEETING OF THE TOWN BOARD - January 19, 2011 Town of Clay
5 STREET AS IT INTERSECTS WITH JOSEPHINE STREET and the installation of the necessary signs therefore. Motion was seconded by Councilor Rycraft.
Ayes-7 and Noes-0. Unanimously carried.
Zone Change (CPH) Town Board Case No. 1034 - MARIE C. GRAVINA, EXECUTRIX TO THE ESTATE OF EUGENE C. GRAVINA and MAPLERIDGE PROPERTIES, LLC:
Councilor Johnson moved the adoption of a resolution calling a public hearing February 7th,
2011, commencing at 7:38 P.M., local time, to consider the application of MARIE C. GRAVINA, EXECUTRIX TO THE ESTATE OF EUGENE C. GRAVINA and MAPLERIDGE PROPERTIES, LLC, for a change of zone from RC-1 Regional Commercial District to R-APT Apartment District on property located at 4816 Buckley Road (Tax Map No. 096.-11-03). Motion was seconded by Councilor Bray.
Ayes-7 and Noes-0. Unanimously carried.
Bid Advertisement - For the Purchase of MULTIPURPOSE EXCAVATOR, 2007 OR
CLAY HIGHWAY DEPARTMENT:
Councilor Weaver moved the adoption of a resolution authorizing the advertisement of bids for
the purchase of MULTIPURPOSE EXCAVATOR, 2007 OR NEWER, CARRIER
DEPARTMENT. Said bids to be received until February 3rd, 2011 at 11:00 A.M., local time.
Motion was seconded by Councilor Bray.
Ayes-7 and Noes-0. Unanimously carried.
The meeting was adjourned at 8:00 P.M. upon motion by Councilor Bray and seconded by Councilor Weaver.
Ayes-7 and Noes-0. Motion carried.