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 March 18, 2008 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
Mr. Jeff Brown Attorney
Mr. James Billings Engineer
Mr. Edward Parks Highway Superintendent
Ms. Lynn McCormick Town Clerk
Boy Scout Troop 80 led the Pledge of Allegiance followed by the Roll Call.
Mr. Dudzinski presented Mr. Sykes with a birthday gift of a new gavel.
Citizens Comments:
Nancy Rendino, 2 Hotaling Street, said her assessment went up 10% this year and asked what can be done besides going to the Assessor.
Mr. Sykes said the assessments went up in part because they are based on market value from 2006 and 2007.
Ms. Rendino said her taxes will go up since her assessment went up.
Mr. Sykes said not necessarily, the Town Board sets the tax rate, the Assessor just sets the assessments. He said they have done a good job in keeping taxes stable and this year the tax rate went down.
Approve minutes of the 3/4/08 Regular Town Board meeting:
095-08-000 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to approve the minutes of the 3/4/08 Regular Town Board meeting as published.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Abstain, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
7:35 pm Public Hearing to consider residency hiring preference:
096-08-000 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to recess the Regular meeting at 7:46 pm and open the public hearing and waive reading the legal notice published in the Post Standard on March 7, 2008.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Mr. Sykes said this will allow the town to conform with Civil Service guidelines and allow for flexibility if the town cannot find a qualified resident. He said the law does reaffirm that residency is a preference in hiring.
Mr. Sykes asked if there was anyone to speak in favor of this local law? No one spoke.
Mr. Sykes asked if there was anyone to speak against this local law? No one spoke.
097-08-000 MOTION BY Mr. Shepard, seconded by Ms. Dickman, to close the public hearing at 7:47 pm and resume the Regular meeting.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
7:40 pm Public Hearing to consider changing language on Code to allow asphalt plant:
098-08-000 MOTION BY Mr. Shepard, seconded by Mr. Johnson, to recess the Regular meeting and open the public hearing at 7:47 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
099-08-000 MOTION BY Mr. Dudzinski, seconded by Mr. Shepard, to waive reading the legal notice published in the Post Standard on March 9, 2008.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Mr. Brown said this is to clean up the language in the Code. He said this adds a comma that was not in place between the words rubber and asphalt. He said any proposed plant will have to go through the Planned Industrial District process that is more stringent and should address any concerns.
Mr. Sykes asked if there was anyone to speak in favor of the language change. No one spoke.
Mr. Sykes asked if there was anyone to speak against the language change. No one spoke.
100-08-000 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to close the public hearing and resume the Regular meeting at 7:50 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Consider approving Deputy Town Clerk’s attendance ay NYSTCA conference:
101-08-027 MOTION BY Mr. Tupper, seconded Mr. Dudzinski, to approve the Deputy Town Clerk’s attendance at the NYSTCA conference April 27 – 30 in Saratoga Springs at a cost not to exceed $692.00 plus mileage.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Consider five year park plan:
Mr. Dudzinski said he gave the Board copies of the proposed improvements and that this plan is needed so the town can apply for grants for funding.
102-08-036 MOTION BY Mr. Dudzinski, seconded by Mr. Shepard, to approve the five year plan for the park:
2008:
Lodge Road and parking lot
Erie Canal
Cut down trees and clear land
Fill?
We have map
2009:
Playground equipment
Lodge: heating
2010:
Water
Electric
Ballfield
2011:
Bathrooms on ballfield side
2012:
Pool deck resurface
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Consider approval of changes to the union contract Local 2660, Highway Dept. union:
Mr. Sykes said this contract allows all employees longevity pay, changes the eligibility for post-retirement benefits from five to 15 years of employment and includes a 3% increase for each of the next three years.
103-08-010 MOTION BY Mr. Johnson, seconded by Ms. Dickman to approve the three year contract with the Highway Department union Local 2660.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Mr. Dudzinski said he was sorry to see this not be done at the end of the year, but glad to see it approved tonight.
Ms. Sabin said the medical benefits have to be fair for the existing employees, but the Board needs to look into the cost to the taxpayers of future benefits.
Mr. Shepard said negotiations should be started long before the contract expires. He said when he came on Board January 1st this contract should have been done and approved.
Mr. Sykes recused himself from the meeting at 8:00 pm
Consider Planning Board’s negative recommendation on tax parcel 051-03-01.2, Lamar Advertising:
Ms. Dickman said she spoke with a representative from Lamar and he would like to wait until the next meeting to discuss this. She said he may have a different location for a billboard.
Mr. Sykes rejoined the meeting 8:02 pm.
Schedule public hearing to consider local law to add new Chapter to Town Code on converted condominium assessment method:
Mr. Brown said this is a significant problem in the state. He said large homes are being called condominiums and taxed at a rate of 1/3 of a normal home. He said that leaves the rest of the tax burden to all the taxpayers. He said this law will prevent builders from doing this with existing homes.
104-08-039 MOTION BY Ms. Dickman, seconded by Mr. Shepard, to schedule a public hearing to consider a new Chapter to the Town Code on converted condominium assessments on April 1, 2008 at 7:35 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Consider bond (BAN) resolution for payment of new plow truck in the amount of $175,000.00.:
105-08-006 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to approve the following bond resolution:
The purchase by public bid or from the New York State bid list of a Western Star 4900 SA 10 Wheel Plow Truck and equipment at a maximum estimated cost of $175,000 is hereby authorized.
The maximum estimated cost of such class of objects or purposes is $175,000 and the plan for the financing thereof is by the issuance of $175,000 in a BAN of said town, hereby authorized to be issued pursuant to the local finance law.
It is hereby determined that the period of probable usefulness of the aforesaid class or objects or purposes is five (5) years, pursuant to subdivision 29 of paragraph (a) of section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the BAN herein authorized will not exceed the period of probable usefulness.
Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and sell BAN’s, including renewal of such notes is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and content, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law.
The faith and credit of said Town of Van Buren, Onondaga County, New York are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and said interest on such obligations becoming due and payable in such year.
The validity of such BAN may be contested only if:
1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money; or
2. The provisions of the law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced with twenty (20) days after the date of publication; or
3. Such obligations are authorized in violation of the provisions of the New York State Constitution.
This resolution which takes effect immediately shall be published in full in the Baldwinsville Messenger, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Consider assignment of pipeline and easement to the Village of Baldwinsville:
Mr. Sykes said this is an issue that dates back to 1993. He said at that time the town switched to water from OCWA and the Village asked for this pipeline to supply water to Community Park. He said litigation at the time prevented the pipe from being turned over to the Village and that litigation is over now. He said the Village understands that it must maintain the line and allow its use by the town in an emergency.
106-08-015 MOTION BY Ms. Sabin, seconded by Ms. Dickman, to authorize the Supervisor to sign the Assignment and Assumption of Deed of Easement for this water line to the Village of Baldiwnsville.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Set public hearing on local law regarding abolishing the Receiver of Taxes position and merging duties and powers with Town Clerk position:
Mr. Sykes said the Receiver of Taxes is getting ready to retire. He said she has been the best ambassador the town could have and the taxpayers love her. He said the plan is to merge the tax office into the clerk’s office. He said this will not happen until Mrs. Johnson decides to retire, probably at the end of 2009. He said she will then be back during the busy tax collection seasons.
Mr. Dudzinski asked if there will be any savings to the town.
Mr. Sykes said no, not at first. He said this is an effort to streamline local government. He said Mrs. Johnson has been a part of this planning and wants to keep the collection of taxes local. Mr. Sykes said there is a push from Albany and Onondaga County to have the County take over tax collection. He said there are several reasons for keeping this local, among them are access to money and the interest that money generates.
107-08-039 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to schedule a public hearing to consider abolishing the duties of the Receiver of Taxes and merging duties and powers with the town clerk on April 1, 2008 at 7:40 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Approve Little League operations agreement:
Mr. Sykes said that the Village owns Reeves field, but they want both towns to have a say in the operations.
Mr. Tupper said the cost of the fields is borne entirely by Little League.
108-08-036 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to approve the Little League operations agreement.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Award contract for garage doors at park office:
Mr. Sykes said Mr. Lally contacted six companies and received three quotes. The lowest quote was from Wayne Dalton.
109-08-005 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to award the contract for three garage doors and one opener to Wayne Dalton in the amount of $3,047.00.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Budget Transfers:
110-08-007 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to approve the following budget transfer:
To: 1010.4000A Town Board, Contractual $889.00
From: 1990.4000A Contingency $889.00
For January 2008 Association of Towns training school for newly elected officers totaling $876.00 were incurred but for which no funds had been appropriated for in the budget. In addition, there is a $12.00 cost to attend a luncheon where state officials were the featured speakers. This transfer allocated funds for these expenses.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Local Law No. 2, Amend Chapter 58, Residency preference:
111-08-030 MOTION BY Mr. Dudzinski, seconded by Ms. Sabin, to approve the following Local Law. No. 2-08:
§ 58-1. Determination; purpose.
The Town Board recognizes that emergency work situations arise which require employees of the Town of Van Buren (the Town) to be near their place of employment and to assume the continuation of public services to protect the health, safety and general welfare of the people. Through adoption of this article, the Town Board makes legislative determination that those who are residents of the Town take a greater interest in promoting the public safety and health in the future of this community than do nonresidents whose families reside in areas unaffected by town services. The Town Board further declares that such a quality is desirable for its employees. The legislative body considers that residency by its employees and officers within the community will assure continuation of essential public services. The
Town Board determines that the public need is sufficient to grant employment and promotion preferences to Town residents.
§ 58-2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
COMPETITIVE CLASS — Those positions for which it is practicable to determine merit and fitness by competitive examination.
EXEMPT CLASS — Those positions, other than unskilled labor positions, for which competitive or noncompetitive examinations or other qualification requirements are not practicable.
LABOR CLASS — Unskilled labor positions, except those positions which can be examined for competitively.
NONCOMPETITIVE CLASS — Those positions not in the exempt class or the labor class for which it is not practicable to determine merit and fitness by competitive examination, but rather by a review of training and experience.
TOWN RESIDENT — Any person whose actual principal domicile where he or she normally sleeps and maintains usual personal and household effects is located in the Town of Van Buren.
§ 58-3. Residency preference for exempt, noncompetitive and labor class appointments.
In the event there is a vacancy or promotional opportunity in a new or existing position in the exempt class, noncompetitive class or labor class which the Town intends to maintain, the Town will give preference to qualified applicants who are Town residents.
§ 58-4. Residency preference for competitive class appointments.
In accordance with the Civil Service Law, in the event there is a vacancy in a new or existing position in the competitive class which the Town intends to maintain and a current eligible list exists, the Town will fill the vacancy by selection from the eligible list certified by the Onondaga County Civil Service Department of persons who have taken the appropriate civil service examination. In the event the list contains a sufficient number of qualified applicants who are Town residents, the Town will canvass those residents and select one of the top three available Town resident candidates on the list to fill the position, pursuant to Civil Service Law §~61. In the event the Town determines, in its sole discretion, that there are an insufficient number of qualified applicants on an eligible
list who are Town residents, the Town may fill the vacancy by selection from all candidates on the list.
§ 58-5. Severability.
If any clause, sentence, paragraph, subdivision, section or part of this Chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment is rendered.
§ 58-6. When effective.
This Chapter shall take effect immediately upon filing in the office of the Secretary of State.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Consider Local Law 3, Amend language in Town Code relative to asphalt plant:
112-08-017 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to declare the Town Board lead agency of an unlisted action with no adverse environmental impact.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
113-08-030 MOTION BY Ms. Sabin, seconded by Ms. Dickman, to approve the following Local Law No. 3-2008, contingent upon Onondaga County Planning comments:
1. Chapter 200, § 200-20(C) of the Code of the Town of Van Buren is amended to read as follows:
Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts: smelters; blast furnaces; slaughterhouses; rendering plants; hide tanning or curing plants; manufacture or processing of fertilizer, bone, rubber, asphalt (except for hot mix asphalt plants in Planned Industrial Districts approved pursuant to § 200-36 of this Code), ammonia, chlorine; manufacture or refining of gasoline, gas, explosives; bulk storage of explosives; landfills; and all uses from which wastes are discharged into the air, land, public sewer systems, groundwater, streams, rivers or bodies of water in violation of local, state and federal health standards.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Committee Reports:
Ms. Sabin said she has heard back from a couple restaurants and department stores and she is hopeful that one them will locate here. She said the economic development committee has been working on a powerpoint presentation that they can email to potential developers.
Mr. Sykes said a real estate representative was in asking about subdividing the old Syroco plant. He said it can be done and there is interest in the site.
Mr. Tupper said he attended a safety meeting with the fire departments and they discussed railroad accidents. He said he also attended the safety meeting for employees and they discussed workplace violence. He said the town needs to develop training and procedures for employees. Mr. Tupper said there is a Planning and Zoning meeting on March 27th at 7:00 pm at the Town Hall.
Ms. Dickman said she has been meeting with carriers and investigating options for the Insurance committee.
Mr. Johnson said there is a Highway Committee meeting on March 26, 2008 at 7:00 pm at the Town Hall.
Mr. Dudzinski said Ms. Anders, the Recreation Supervisor, will be sending notes to the Town Board about events in the park. He said they had an Easter egg hunt with about 50 children attending. He said the Fishing Derby is on May 10th and the Youth Fair is this month on March 29th.
Mr. Shepard said Mr. Tupper has agreed to be on the workplace violence sub committee.
Highway Superintendent Comments:
Mr. Parks said the one ton truck was delivered about five weeks early so the box isn’t ready yet.
Mr. Parks said Scarp Metal and Tire Drop Off Day is April 26th from 8:00 am to Noon. He said passenger tires will be $.50 a piece and they will be taking old propane tanks.
Mr. Dudzinski asked how the town is doing on salt this year with the shortage. Mr. Parks said he ordered more when he heard they were running low.
Ms. Dickman asked how many miles of roads the department plows.
Mr. Parks said 42.6 miles of town roads and 33 miles of County roads.
Mr. Parks said a group of Highway Superintendents went to Albany to try to get CHIPS money back. He said it looks like they will get some back, but it won’t be much of an increase.
Supervisor Comments:
Mr. Sykes read the following letter from Fulton City Officials:
On behalf of the Fulton Common Council, its workforce and residents, Commissioner Dan O’Brien and I would like to express our deepest gratitude for your generous offer of assistance during the collapse of our Public Works Garage in January.
It is a challenge for our Public Works Department to keep up with day to day tasks while we struggle to maintain the vital services that provide a comfortable, safe quality of life for our residents.
The collapse of the garage would have been devastating if not for your immediate insight into the needs of a community, reminding us of your own sensitivity to the needs of your residents, making us realize that we share something in common which is public service.
Please be assured that the City of Fulton is very grateful and will always stand ready to come to your assistance during a time of need.
Again, on the behalf of the City of Fulton, please lass along our gratitude to all those responsible for this generous support.
Mr. Sykes said the next Board worksession is March 25th at 5:00 pm at the Town Hall.
Mr. Sykes said the Downer Street Corridor meeting will be accepting public comments and concerns on April 2nd at 7:00 pm the Van Buren Elementary School on Ford Street.
Mr. Sykes said he received a request for a fire hydrant on O’Brien Road.
114-08-019 MOTION BY Mr. Johnson, seconded by Ms. Sabin, to authorize the Supervisor to sign the agreement for a fire hydrant on O’Brien Road near the Loretto apartment complex.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Mr. Sykes said the Supervisor’s Report is in a different format that is easier to read.
Board Comments:
Mr. Shepard said he was contacted by the head of the Bluegrass Society that they are looking for a place to practice. He said they will start using Parkrose Estates because there is a scheduling conflict at Canton Woods.
Mr. Dudzinski wished everyone a Happy Easter.
Citizens Comments: None
Engineer Comments: None
Attorney Comments: None
115-08-000 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to adjourn to the next Regular Town Board meeting on April 1, 2008 at 7:30 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted
Meeting closed 8:42 pm
Respectfully submitted,
Lynn McCormick
Town Clerk
Dated: 3/20/08
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