7575 Van Buren Road, Baldwinsville, NY 13027
Town Board Minutes (04/01/08)
 REGULAR TOWN BOARD MEETING of the Van Buren Town Board held at the Van Buren Town Hall, 7575 Van Buren Road, Baldwinsville, New York on April 1, 2008 at 7:35 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 Town Attorney
Mr. James Billings Town Engineer
Mr. Edward Parks Highway Superintendent
Ms. Lynn McCormick Town Clerk
Pledge of Allegiance and Roll Call.
Citizens Comments: None
Approve Minutes of the 3/18/08 Regular Town Board meeting:
116-08-000 MOTION BY Mr. Dudzinski, seconded by Mr. Shepard, to approve the minutes of the 3/18/08 Regular Town Board meeting as published.
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 recused himself from the meeting at 7:34 pm and Ms. Dickman presided.
Consider Planning Board’s negative recommendation on tax parcel 051-03-01.2, Lamar Advertising:
Ms. Dickman said she met with Mike Bishoff from Lamar Advertising and they discussed the billboard overlay district within the town. She said they have asked to withdraw their current application for billboard placement outside of that overlay district. She said he will be looking for a more suitable location more than 1000 feet from a residence and will submit a new application at that time.
Mr. Sykes resumed presiding over the meeting at 7:35 pm.
7:35 pm Public Hearing to consider local law on converted condominiums assessment:
117-08-000 MOTION BY Ms. Dickman, seconded by Ms. Sabin, to recess the regular meeting and open the public hearing and to waive reading the legal notice published in the Post Standard on 03/21/2008.
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. Brown explained that this local law will prevent developers from calling single family homes condominiums and reaping the benefits of much lower taxes. He said what is occurring now is that many single family homes are being called condos simply because they may have their lawns maintained jointly. He said they cannot prevent this with new homes, that change will have to come at the State level, however, this law will prevent it from happening with existing homes.
Mr. Sykes asked when development is considered “old”. Mr. Brown said once the subdivision is approved.
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.
118-08-000 MOTION BY Ms. Sabin, seconded by Ms. Dickman, to close the public hearing and continue the regular meeting at 7:38 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
119-08-030 MOTION BY Ms. Sabin, seconded by Ms. Dickman, to pass the following resolution, Local Law No. 4
Converted Condominium Assessment Method
§ 180-12 Title.
This article shall be known as "CONVERTED CONDOMINIUM ASSESSMENT METHOD."
§ 180-13 Authority.
This article is enacted pursuant to the authority of the New York State Municipal Home Rule Law, Section 10, New York State Town Law and New York State Real Property Tax Law, § 581(1)(c).
§ 180-14 Purpose and findings.
The intent of the Town Board of the Town of Van Buren is to adopt this Article as permitted by the Real Property Tax Law ("RPTL"), § 581(1)(c) providing that the method of assessing condominiums contained in RPTL § 581(1)(a) shall not apply to converted condominium units in the Town of Van Buren.
The Town Board finds, upon the recommendation of the assessor, that it is desirable to the greatest extent possible under the Law, to give the Town the option of assessing single family residences at market value. The Town Board wishes to prevent the characterization of single family residences as condominiums since such characterization may prevent the assessor from using the market value method of determining a property's value for a single family residence from being used and thus result in a lower assessment than its current market value. The Town Board of the Town of Van Buren believes that uneven and unfair taxation results when condominiums are not taxed at market value.
§ 180-15 Converted Condominium Units
Pursuant to the authority granted to the Town by RPTL § 581(1)(c), the provisions of RPTL § 581(1)(a) shall not apply to converted condominium units within the Town of Van Buren The Town of Van Buren does not recognize converted condominium units as defined in RPTL § 581(1)(c) as condominium units for the purpose of assessing the value of said condominium.
§ 180-16 Validity.
If any part or provision of this Article or the application thereof to any person or circumstance be adjudicated invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this proposed local law or the application thereof to other persons or circumstances, and the Town Board of the Town of Van Buren hereby declares that it would have passed this
proposed local law or the remainder thereof had such invalid application or invalid provision been apparent.
§ 180-17 Repeal.
All ordinances, local laws and parts thereof that are inconsistent with this article are hereby repealed.
SECTION 2. This article shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
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
Award bid for Seneca Knolls Road Improvements Phase I and NYS Rt. 48 crossing:
Mr. Sykes said the low bid was from Lan-Co in the amount of $424,614.70. He said the town has $189,000 left in sales tax money from last year and will be getting this year’s money in the next couple months.
Mr. Johnson asked when the work will start. Mr. Billings said they will have a preconstruction meeting this month and the work should start in May.
120-08-054 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to award the bid for the Seneca Knolls Road Improvements Phase I and NYS Rt. 48 crossing to Lan-Co in the amount of $424,614.70.
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
7:40 pm Public Hearing to consider abolishing the position of Receiver of Taxes and merging duties with Town Clerk:
121-08-000 MOTION BY Ms. Dickman, seconded by Mr. Johnson, to recess the regular meeting at 7:42 pm and waive reading the legal notice published in the Post Standard on 03/21/2008.
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 effort to streamline operations. He said the Receiver of Taxes will be retiring in 2009 and this will hopefully allow the town to keep collecting taxes and not have it taken over by the County.
Mrs. Barbara Johnson, Receiver of Taxes, said as an elected official, my four year term is up December 2009 and I plan to retire when the time seems appropriate.
I have been very concerned over what will happen to my office when that time comes as Mr. Pirro, our former County Executive, has asked for consolidation of the tax collection. He felt that the County could do a better job and it would save the towns money. I was asked to be on the task force and after several meetings it became obvious that the “personal contacts” with our customers and convenience would be gone.
With “County takeover” we would lose control over when the Town is paid in full (by New York State Law, the Town is made whole before any payment is made to the County) and we would lose the additional revenue we gain through bank interest and penalties collected during the tax collection period.
The Town of Lysander is already in the Pilot program which all 19 towns are helping to pay for. I have heard several complaints from people trying to get information or receipts from the County.
I approached Claude with this problem as all our County Receivers/Collectors want to keep the tax collecting in our towns. We feel we serve our people best by keeping it local. He suggested that one thing to consider was combining the offices of the Town Clerk and my office. This has been done in a few other towns in the state.
Recently, I learned that there are bills in both the Senate and Assembly to change the position of Tax Receiver/Collector to an appointed position. Therefore, it would no longer be an elected position after December 2009 if this passes in the state budget.
I have served as president of the Onondaga County Association of Tax Receivers and Collectors for two separate two years terms. We have a good relationship with the county yet we feel we serve our town best by providing a convenient place to come, by providing help and information about their tax bills, by helping new homeowners decide whether they can afford the taxes and sign the contract. We also work with attorneys and real estate people as well as banks and tax services.
My “people” don’t want me to retire. They walk in, they hobble in, some with canes and some in wheelchairs. They want to personally hand their payment to someone they know and they want their receipts stamped ”PAID”. Some may have misplaced their bill or receipt or have questions on how a new assessment will affect their taxes. These services can only be done through communication with a person.
The County may still over-rule decisions made here in the Town of Van Buren, but I want what is best for our residents and we must take whatever action is necessary so please consider the idea of combining the position of Town Clerk and Receiver of Taxes.
Mr. Johnson said Mrs. Johnson will still be coming in and working seasonally.
Mr. Sykes said yes, Mrs. Johnson will still be doing the same job until she decides to retire and then will be back as a seasonal deputy.
Ms. Dickman asked Mrs. Johnson to explain how the town and County get paid now.
Mrs. Johnson said the town is paid as soon as she gets enough money in and then the County is paid. She said the town earns interest on that money while she is collecting, which amounts to thousands of dollars. If the County takes over collection, the town will be waiting for the money because they will pay themselves first and we will lose the interest.
Mr. Tupper asked if the town would then handle tax sales if the County took over collection. Mrs. Johnson said she didn’t know, but the town will have to raise taxes to cover the lost interest.
Ms. Sabin asked how many people come in to pay their taxes in person.
Mrs. Johnson said she had about 1700 in January.
Mrs. Johnson said the County has mentioned a satellite office in Lysander if they take over collection.
Mr. Sykes asked if there was anyone else 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.
122-08-000 MOTION BY Mr. Johnson, seconded by Mr. Tupper, to close the public hearing at 7:56 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
123-08-030 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to approve the following resolution, Local Law No. 5:
CHAPTER 53
RECEIVER OF TAXES AND ASSSESSMENTS
§53-1. Purpose.
The purpose of this chapter is to abolish the office of Receiver of Taxes and Assessments in the Town of Van Buren, New York.
§53-2. Abolition; transfer of powers and duties.
The office of Receiver of Taxes and Assessments in the Town of Van Buren, New York, is hereby abolished. The powers and duties of that office shall be transferred to the office of the Town Clerk of the Town of Van Buren, New York.
§53-3. Mandatory referendum.
This chapter shall be subject to a mandatory referendum at the next regularly scheduled general election.
§53-4. Authority and statutory provisions superseded.
This section is enacted under the authority of Municipal Home Rule Law §§ 10, 22 and 23. The Town hereby expressly states its intention that this section shall supersede any provision of the Town Law of the State of New York to the contrary, including but not limited to Town Law §§ 20, 30 and 37.
§53-5. When effective.
This chapter shall take effect upon the affirmative vote of a majority of the qualified electors voting thereon at said general election and the filing with the office of the Secretary of State in accordance with the applicable provisions of law.
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 just the first step and it will be on the ballot in November. Assuming it passes the transition will begin after that.
Committee Reports:
Ms. Sabin said the Economic Development committee met and developed a plan to bring retail, then restaurants and then any larger commercial development after that. She said they also met with County Economic Development staff and contacted the Syracuse Chamber of Commerce and are putting together a presentation with existing data.
Mr. Tupper said the Planning and Zoning committee met and discussed windmills and outdoor furnaces. He said they are looking to revise the Code to allow residents to use alternate energy sources. He said the next meeting will be in May.
Ms. Dickman said she has gone to a couple presentations on health insurance and is hoping to have more information for the labor negotiations.
Mr. Johnson said they discussed the recent bids for Seneca Knolls at the Highway committee meeting.
Mr. Dudzinski said Mrs. Perkins has given the Board information on upcoming events in the park. He said the hours will be extended to 7:00 pm. He said the Youth Fair was well attended.
Mr. Dudzinski said the he met with Mr. Parks about the parking area near the canal and the Highway department can do the work.
Mr. Dudzinski said he also discussed the road to the lodge in the park with Mr. Parks and the cost would not exceed $12,000.00.
Supervisor Comments:
Mr. Sykes said Community Development has a business district rehabilitation program that he has a request the town adopt. He said it allows business owners to apply for up to $10,000.00 to improve the façade of their business. He asked Mr. Tupper to help identify areas of the town to designate, such as Downer Street and the Seneca Knolls Shopping Plaza.
Mr. Sykes said Mr. Rick Presley, Baldwinsville Trustee, said the preliminary report on the possible consolidation of parks will be ready shortly.
Mr. Sykes said he and several Board members attended a media day for the new Quaker Steak & Lube restaurant. He said the wings were good and they were given a brief history of the chain. He said the Grand Opening for the restaurant is April 16th and they are still looking for about 100 employees.
Mr. Sykes said the Downer Street Corridor meeting with the public is April 2nd at 7:00 pm at Van Buren Elementary School.
Mr. Sykes said he attended a Highway Superintendent meeting with Mr. Parks and they discussed the County salt contract. He said the towns have always been part of County bid, but they are considering bidding the salt contract themselves rather than under the County.
Mr. Parks said there a couple reasons this would be beneficial. He said one is that they know how much salt they need to bid for, the County hasn’t bid for as much as the towns need, which has accounted for the shortage. He said they also feel they can get a better price.
Ms. Sabin congratulated Mr. Parks on being proactive this year and not allowing the town to run short in salt.
Mr. Sykes said the town has received notice that the contract with the International Union of Operating Engineers will expire at the end of the year. He asked that the Personnel Committee begin negotiating.
Mr. Sykes said the Highway union representative thanked him and the Board for resolving and approving their contract. He said it took longer than it should have and he hopes not to repeat that next time.
Highway Superintendent Comments:
Mr. Parks said Scrap Metal and Tire Drop Off Day is April 26th at the Highway Garage from 8:00 to Noon.
Board Comments:
Mr. Shepard said the town asked the comptroller to do an audit of the payments to Canton Woods for the last couple years because they believed they had been shorted money from the town. He said the comptroller found that the town did give Canton Woods all the money that was budgeted for the senior center, but the center itself has overspent and that is why they were short money. He said he would explain this at the next Canton Woods Board meeting and the Board will need to decide if we want to change the way we fund the center.
Mr. Tupper said he is on the safety committee for employees and they will begin working soon on the workplace violence procedures.
Mr. Tupper said he is looking into credit card usage at the town.
Mr. Sykes commended Mr. Tupper because he has been given a lot of odd jobs to perform for the town and is doing well with them.
Ms. Sabin said she attended the Greater Baldwinsville Economic Development Agency meeting tonight along with Mr. Tupper and Mr. Shepard. She said it was a good meeting and they are all trying to do the same thing, improve retail and quality of life. She said she will be working with them and the Baldwinsville Chamber of Commerce.
Citizens Comments: None
Engineer Comments: None
Attorney Comments: None
124-08-037 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to approve the new road to the lodge at a cost not to exceed $12,000.00.
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
Ms. Dickman said she is glad to see that the road will be of the millings from Seneca Knolls. She said this is a good way to recycle.
Mr. Dudzinski thanked Mr. Parks and the Highway Department for all their work in the park, he said the pond looks beautiful and he knows the road will too.
125-08-000 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to adjourn to the next regular Town Board meeting April 15, 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
All Ayes – Motion Carried & Adopted
Meeting closed 8:25 pm
Respectfully submitted,
Lynn McCormick, Town Clerk
Dated: 4/3/08
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