Regular Town Board Meeting of the Town Board of the Town of Van Buren, held at the Van Buren Town Hall, 7575 Van Buren Road, Baldwinsville, New York on February 16, 2010 at 7:30 pm.
Ms. Mary Frances Sabin |
Councilor |
Mr. Derek Shepard |
Councilor |
Mr. Howard Tupper |
Councilor |
Mr. Ronald Dudzinski |
Councilor |
Mr. Harold Johnson |
Councilor |
Ms. Patricia Dickman |
Councilor |
Mr. Claude Sykes |
Supervisor |
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Mr. Jeff Brown |
Town Attorney |
Mr. Jason Hoy |
Town Engineer |
Mrs. Lynn Precourt |
Town Clerk |
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Citizens Comments: None
Approve minutes of the 2/2/10 Regular Town Board meeting:
046-10-000 MOTION BY Mr. Johnson, seconded by Ms. Dickman, to approve the minutes of the 2/2/10 Regular Town Board meeting as published.
Ms. Sabin – Abstain, Mr. Shepard – Yes, Mr. Tupper – Abstain, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
7:32 pm Public Hearing on consolidating Interstate Island Sewer District Extension No. 1 and Extension No. 2:
047-10-000 MOTION BY Ms. Sabin, seconded by Mr. Dudzinski, to recess the regular meeting, open the public hearing and waive reading the legal notice published in the Post Standard on February 9, 2010.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
Mr. Sykes said the lift station pumps need to be replaced and the cost of the replacement will be about $25,000.00. He said that is when they discovered this discrepancy.
Mr. Sykes said all property owners in the districts were mailed notices about the consolidation and hearing.
Mr. Hoy gave the following reason for the consolidation and the history of the sewer districts:
The purpose of the proposed consolidation of the Interstate Island Park Sanitary Sewer District Extension #1 and Extension #2 is to insure that the properties within the two districts are assessed equitably for the benefits received by having a sanitary sewer. In addition, the consolidation would allow for one assessment type for all the properties within the consolidation area.
Interstate Island Park Sanitary Sewer District Extension #1 was formed in 1988 and the properties within this extension are assessed on an ad valorem basis. Interstate Island Park Sanitary Sewer District Extension #2 was formed in 1999 and the properties within this extension are assessed on a benefit basis.
The proposed method for cost apportionment for the consolidated district is the water usage assessment method. This method assesses the properties based on their portion of the annual total water usage in the district. None of the businesses within the two existing district extensions use water in a manufacturing process, therefore a majority of the water used by these businesses ends up in the sanitary sewer.
Onondaga County annually establishes equivalency “units” for the properties within the proposed consolidation district based on the water usage assessment method discussed above. For consistency, it is the Town’s intention to use the units established by the County to assess the properties in the consolidated district.
It should be noted that the County’s usage charge is assessed to every parcel in the County that is connected to sanitary sewer to operate and maintain treatment plants, administration, etc. The Town’s charge is for the maintenance and operation of the facilities exclusive to the particular district.
Interstate Island Park Sanitary Sewer District Extension #1 currently has a debt charge, in addition to the Town and County annual charges, which would continue to be paid for by the Extension #1 properties after consolidation of the two district extensions.
Mr. Sykes asked if there was anyone to speak in favor of the proposed consolidation. No one spoke.
Mr. Sykes asked if there was anyone to speak against the proposed consolidation. No one spoke.
048-10-000 MOTION BY Mr. Johnson, seconded by Ms. Dickman, to close the public hearing and resume the regular meeting at 7:36 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
7:35 pm Public Hearing on 2010 Community Development Application:
049-10-000 MOTION BY Mr. Johnson, seconded by Mr. Tupper, recess the regular meeting, open the public hearing and waive reading the legal notice published in The Messenger on February 10, 2010.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
Mr. Sykes said this is an opportunity for the town to submit projects in low income areas of the town. He said there is a 25% match with town funds for all projects. He said the town is required to submit a five year plan as well that is subject to change each year.
Mr. Sykes said the projects for this year’s application are as follows:
1. Pavement Rehabilitation of Town Roads
Rehabilitation of approximately 1.5 miles of Town roads in the Seneca Knolls area including improvements to; Stiles Road, Northrup Boulevard, Henderson Boulevard, and Lakeside Road. The rehabilitation would generally consist of an asphalt overlay of the existing pavement with minor repairs.
Total Project Cost |
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$135,000 |
Town’s Share @ 25% |
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($ 35,000) |
Requested Community Development Funds: $100,000
2. Seneca Knolls Drainage Improvements
This project would alleviate standing water a number of locations in the Seneca Knolls section of the Town. The work would include installing pipes and/or redefining swales to improve water conveyance. These improvements are consistent with the Seneca Drainage 5-Year Plan.
Total Project Cost |
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$135,000 |
Town’s Share @ 25% |
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($ 35,000) |
Requested Community Development Funds: $100,000
3. Lower Seneca Knolls Sewer Inspection and Replacement
This project would investigate sanitary sewer mains and laterals in the Lower Seneca Knolls area. The sewer system in this area is over 50 years old and in recent years has experienced several failures and other problems. Failing laterals would be replaced within the right-of-way.
Total Project Cost |
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$75,000 |
Town’s Share @ 25% |
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($ 19,000) |
Requested Community Development Funds: $56,000
Mr. Sykes said these will be the projects in the order that the town will submit them to Community Development.
Mr. Sykes said the remainder of the town’s five year plan includes road rehabilitation and handicapped playground equipment.
Mr. Sykes asked if there was anyone to speak in favor of the application. No one spoke.
Mr. Sykes asked if there was anyone to speak against the application. No one spoke.
050-10-000 MOTION BY Ms. Sabin, seconded by Mr. Johnson, to close the public hearing and resume the regular meeting at 7:44 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
Action on consolidation of Interstate Island Sewer District Extension No. 1 and Extension No. 2:
051-10-045 MOTION BY Ms. Dickman, seconded by Mr. Johnson, to approve the following resolution:
WHEREAS, there is at present an Interstate Island Park Sewer District Extension # 1 and an Interstate Island Park Sewer District Extension # 2 existing in the Town of Van Buren, and
WHEREAS, each of the districts to be consolidated has a similar amount of cash reserve, and
WHEREAS, there is present indebtedness of the Interstate Island Park Sewer District Extension # 1, and said district is presently financed on an ad valorem basis.
WHEREAS, there is no present indebtedness of the Interstate Island Park Sewer District Extension # 2, and said district is presently financed on a benefit basis.
WHEREAS, it is proposed that the basis of future assessment of all costs of operation, maintenance and improvements of the proposed Consolidated District be financed on a benefit basis, and
WHEREAS, it appears that certain benefits would accrue if said districts were consolidated, namely:
Bookkeeping and budgeting would be facilitated without the necessity of interdistrict transfers and adjustments;
The costs of future repairs of emergencies will be spread over the entire consolidated district and not borne only by the area involved;
The costs of future expansion of sewer service will be spread over the entire consolidated district and not just the new area involved; and
All future expenses of maintenance, operation and improvements of the consolidated district would be raised and paid for by all properties within the consolidated district.
WHEREAS, a resolution was duly adopted by this Town Board on February 2, 2010 calling a public hearing pursuant to Town Law Sections 206 and 206-a for the purpose of considering the proposed consolidation of said sewer district extensions and in accordance with the requirements of Sections 206 and 206-a of the Town Law of the State of New York and stating all other matters required by law to be so stated and specifying February 16, 2010 at 7:32 pm as the time, and at Van Buren Town Hall, 7575 Van Buren Road, Baldwinsville, New York as the place, where said Town Board would meet and consider said matter and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required and authorized by law; and
WHEREAS, notice of said public hearing was duly published and posted as required by law; and
WHEREAS, a public hearing on said matter was duly held by said Town Board on February 16, 2010 at 7:32 p.m. in the Town of Van Buren Office Building located at 7575 Van Buren Road, Baldwinsville, New York and all persons desiring to speak either on behalf of or in opposition to said proposed consolidation were afforded the opportunity to do so; and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the New York Environmental Conservation Law, it is hereby determined by this Town Board that adoption of the proposed consolidation will not have a significant adverse effect upon the environment and could be processed by other applicable governmental agencies without regard to SEQR.
NOW, AFTER DUE DELIBERATION, IT IS RESOLVED AND DETERMINED:
The notice of hearing was published and posted as required by law and is otherwise sufficient;
It is in the public interest to assess all debt service and expenses of the consolidated district as a charge against the entire area of the consolidated district;
The future costs of said operation, maintenance and improvements of the consolidated district will be financed on a benefit basis;
This resolution shall be subject to a permissive referendum; and
The Town Clerk be and hereby is authorized and directed to give notice of the adoption of this resolution pursuant to the provisions of section 206-a of the Town Law.
Roll Call Votes: Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
2010 Community Development Application:
052-10-023 MOTION BY Ms. Dickman, seconded by Mr. Johnson, to submit the following five year plan to Community Development with the proposed projects:
2010 Application
1. Pavement Rehabilitation of Town Roads
Rehabilitation of approximately 1.5 miles of Town roads in the Seneca Knolls area including improvements to; Stiles Road, Northrup Boulevard, Henderson Boulevard, and Lakeside Road. The rehabilitation would generally consist of an asphalt overlay of the existing pavement with minor repairs.
Total Project Cost |
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$135,000 |
Town’s Share @ 25% |
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($ 35,000) |
Requested Community Development Funds: $100,000
2. Seneca Knolls Drainage Improvements
This project would alleviate standing water a number of locations in the Seneca Knolls section of the Town. The work would include installing pipes and/or redefining swales to improve water conveyance. These improvements are consistent with the Seneca Drainage 5-Year Plan.
Total Project Cost |
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$135,000 |
Town’s Share @ 25% |
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($ 35,000) |
Requested Community Development Funds: $100,000
3. Lower Seneca Knolls Sewer Inspection and Replacement
This project would investigate sanitary sewer mains and laterals in the Lower Seneca Knolls area. The sewer system in this area is over 50 years old and in recent years has experienced several failures and other problems. Failing laterals would be replaced within the right-of-way.
Total Project Cost |
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$75,000 |
Town’s Share @ 25% |
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($ 19,000) |
Requested Community Development Funds: $56,000
2011 Application
Handicap Accessibility Improvements
Installation of handicap accessible facilities at the Town of Van Buren Central Park office, including parking lot overlay.
Total Project Cost |
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$30,000 |
Town’s Share @ 25% |
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($7,500) |
Requested Community Development Funds: $22,500
Pavement Rehabilitation of Town Roads
Rehabilitation of Town roads in the Seneca Knolls area: including improvements to Mann Drive and Evans Drive. The rehabilitation would generally consist of an asphalt overlay of the existing pavement with minor pavement repairs.
Total Project Cost |
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$135,000 |
Town’s Share @ 25% |
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($ 35,000) |
Requested Community Development Funds: $100,000
2012 Application
Handicap Accessible Playground Equipment
This project involves the installation of handicap accessible playground equipment at the Town of Van Buren’s Central Park.
Total Project Cost |
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$100,000 |
Town’s Share @ 25% |
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($25,000) |
Requested Community Development Funds: $75,000
2013 Application
Pavement Rehabilitation of Town Roads
Rehabilitation of Town roads in the Seneca Knolls area: including improvements to Baker Boulevard. The rehabilitation would generally consist of an asphalt overlay of the existing pavement with minor pavement repairs.
Total Project Cost |
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$135,000 |
Town’s Share @ 25% |
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($ 35,000) |
Requested Community Development Funds: $100,000
2014 Application
Pavement Rehabilitation of Town Roads
Rehabilitation of Town roads in the Seneca Knolls area: including improvements to Mark Drive, Seneca view Drive, Gerald Drive, Leonard Drive, and Paul Lane. The rehabilitation would generally consist of an asphalt overlay of the existing pavement with minor pavement repairs.
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Total Project Cost $135,000 |
Town’s Share @ 25% ($ 35,000) |
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Requested Community Development Funds: $100,000
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
Action on liquor license renewal for Quaker Steak & Lube with effective date of renewal with waiver by Town Board to February 28, 2010:
Mr. Sykes said there was a code violation on the property, an outsdoor stage, that has been removed. He said the bands must stay on the concrete patio area of the restaurant.
Ms. Sabin asked if the use of alcohol outside of the property is also being addressed. She said she knows there have been complaints from neighbors about alcohol use in the parking lot and even on the street.
Mr. Sykes said all alcohol consumption must take place inside the establishment or on outside patio.
053-10-055 MOTION BY Mr. Tupper, seconded by Mr. Johnson, to approve the following resolution:
WHEREAS, pursuant to the requirement of the New York State Alcoholic Beverage Control (ABC) Law, an applicant for a license to sell alcoholic beverages at retail, for on-premises consumption, as well as any applicant for renewal of such a license, must notify the Town Clerk of the municipality wherein the premises is located, and
WHEREAS, this notice is given in order that the municipality, if it so desires, may express an opinion for or against the granting of said license or renewal to the ABC Board,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Van Buren, that with respect to the application submitted by Quaker Steak & Lube for a license to sell alcoholic beverages at retail for on premises consumption, the Van Buren Town Board does express a favorable opinion and also grants an effective date of renewal waiver to February 28, 2010.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
Councilor Committee Reports and Comments:
Ms. Sabin said the town still has not heard back from Verizon on the remaining issues for the franchise agreement. She said they have been contacted several times and have had no response. She said she also understands that Verizon employees are telling residents that the town is holding up the agreement and wanted to let them know this is not the case. She said she is looking forward to the competition as much as anyone to hopefully lower bills.
Mr. Tupper said he attended the Planning Board meeting and has discussed what should be done with the Downer Street Corridor Study recommendations with the members of that board. He said the Chairman of the Planning Board would like to hold a joint meeting with the Village of Baldwinsville Planning Board to discuss what they need to do to work together to implement these recommendations. He said it is too early to know what, if any, codifications changes need to be made and the town may need to also implement an overlay district for the area.
Ms. Dickman said she, Mr. Tupper and Mr. Dudzinski attended the Onondaga County Fire and Emergency Services Legislative breakfast last Saturday. Ms. Dickman said Mark Butler, an attorney and firefighter from Buffalo, spoke and was very informative. She said one of his biggest issues was training and the many unfunded mandates that have been placed on fire departments. Ms. Dickman thanked them for inviting the towns to participate.
Mr. Johnson scheduled a Highway Committee meeting for February 19, 2010 at 3:30 pm at the Town Hall.
Mr. Dudzinski said he was contacted by a family in Memphis who would like to place a bench on the Erie Canal Trail in memory of their nephew. He said they will draw up the plans and submit them to Mr. Hoy. Mr. Dudzinski said he is encouraged to see more people interested in the trail.
Highway Superintendent Comments: None
Citizen Comments: None
Engineer Comments: None
Attorney Comments: None
054-10-000 MOTION BY Mr. Johnson, seconded by Ms. Dickman, to adjourn to the March 2, 2010 Regular Town Board Meeting.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
Meeting closed 8:02 pm
Respectfully submitted,
Lynn McCormick-Precourt
Town Clerk
Dated: 2/18/10
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