7575 Van Buren Road, Baldwinsville, NY 13027
Town Board Minutes (05/06/08)
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 May 6, 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
Pledge of Allegiance and Roll Call.
Citizens Comments: None
Approve minutes of 4/15/08 Regular Town Board meeting:
135-08-000 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to approve the minutes of the 4/15/08 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
Consider software renewal for Justice Court with SEI, $800.00
136-08-027 MOTION BY Mr. Tupper, seconded by Ms. Sabin, to approve the software renewal for the Justice Court with SEI, Inc. in the amount of $800.00.
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
Declare item no. 365, a monitor, surplus:
137-08-034 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to declare item no 365, a monitor, surplus.
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
Consider liquor license renewal for Ironwood Golf Course:
Mr. Sykes said the Code Enforcement Officer has forwarded a positive recommendation for this renewal.
138-08-055 MOTION BY Mr. Johnson, seconded by Ms. Dickman, 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 Ironwood Golf Course for a license to sell alcoholic beverages at retail for on premises consumption, the Van Buren Town Board does express a favorable opinion.
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
Consider resolution designating parts of Downer Street Road Commercial area as “blighted” for the Community Rehabilitation Program of Community Development Block Grant:
Mr. Sykes said this will enable business who want to participate to get up to $10,000.00 in grant money for façade improvements.
139-08-023 MOTION BY Mr. Tupper, seconded by Mr. Johnson, to approve the following resolution:
Designation of parts of Downer Street Road Commercial area and the State Fair Blvd. Commercial area as “Blighted” and authorizing the Town Board through the Supervisor or his agent to do all necessary sets to implement, support and cooperate with the owners of affected properties who apply for grants from the Community Rehabilitation Program of the Community Development Block Grant Program of the United States Department of Housing and Urban Development as administered by the Community Development Division of the County of Onondaga.
Whereas, commercial property and business owners have expressed interest in participating in the Commercial Rehabilitation Program, administered by the County of Onondaga Office of Community Development, which offers matching grants up to $10,000 for exterior improvements, with the purpose of the program being to maintain vitality of commercial business areas while improving the exteriors using a consistent design approach and;
Whereas, for the business and commercial property owners in the Town to be able to qualify for said Matching Grants pursuant to said Program, the Town is required to provide for by Resolution as follows:
a) “…define the meaning of…blighted, deteriorated or deteriorating conditions in the Town of Van Buren;
b) include in the Resolution the specific boundaries of the blighted area.
c) briefly describe the conditions in the blighted area and what objectives [we] hope to accomplish through participation in the program.”
and:
Whereas, the County has provided the “Commercial Rehabilitation Program Policies and Procedures” (undated), the “Instructions for Processing Commercial Revitalization Program Applications” (undated) and the “Commercial Revitalization Application for Matching Grant for Exterior Building Improvements” (undated), copies of which are on file in the Town Supervisor’s Office, and;
Whereas, it is the purpose and intent of this Resolution, based upon the information provided to the Town by the County, to implement the requirements of the aforementioned Commercial Rehabilitation Matching Grant Program for Exterior Building Improvements to maximize, to the extent legally possible, the ability of the Business and Commercial owners of property in the delineated areas of the Town to apply for and receive said Matching Grants; now, therefore, be it
Resolved as follows:
Section 1. It is the purpose and intent of this Resolution to implement the requirements of the aforementioned Commercial Rehabilitation Matching Grant Program for Exterior Building Improvements to maximize, to the extent legally possible, the ability of the business, commercial owners of property in the Town to apply for and receive Matching Grants.
Section 2. The word “blighted” and/or “blighted area” and/or “blighted property” shall mean an area which is blighted, deteriorated or deteriorating, or has a blighting influence in the surrounding area, or is in danger of becoming a blighted area because of existence of substandard, insanitary, unsafe, deteriorating or deteriorated conditions, and aged business and/or commercial building stock, or vacant non-residential property, or other factors indicating an inability or unwillingness of the private sector unaided to cause the construction, rehabilitation of building improvement.
Section 3. The aforementioned definition of “blighted” shall be interpreted as being consistent with New York State law and any potential inconsistency shall be interpreted as being consistent with New York State Law.
Section 4. The aforementioned definition of “blighted” shall apply to the delineated commercial and business areas in the Town, being more specifically as shown on the Maps which are attached hereto and made a part hereof.
Section 5. If any area so included as being blighted does not meet the minimum standard of the Program for Funding said area shall be deemed excluded without impacting any of the remaining area.
Section 6. A brief description of the blighted conditions in the delineated area and the objectives to be accomplished by the Program in the Town are as follows:
a) A substantial and above average number and percentage of business/commercial properties are noticeably deteriorated and outdated. Grant funds would be used to update and modernize the buildings, consistent with modern architectural designs and business needs to attract business and promote economic development in the Town.
b) A substantial and above average number of business and commercial properties are substandard, including entrances, store fronts, windows, etc. Grant funds would be used to repair these substandard conditions thereby substantially increasing the aesthetics thereof and otherwise making the buildings more energy and space efficient.
c) A substantial and above average number of business and commercial properties are vacant and unsafe and/or potentially unsafe because of said vacancy and said substantially above average vacancies have been throughout the last decade and continues to be a serious economical detriment to the Town, its residents, and commercial establishments. Grant funds and the related repairs/construction completed therewith would dramatically reduce the business and commercial vacant properties in the Town.
d) A substantial and above average number of owners of business and commercial owners have demonstrated over the last decade an inability and/or unwillingness to implement construction, rehabilitation or building improvements. These matching Grant Funds will create a necessary and strong incentive for said owners to provide matching funds to implement construction, rehabilitation, and/or building improvements.
Section 7. The Town, by enacting this Resolution and otherwise assisting, supporting and cooperating with the residents and owners of property, shall not be liable, except for its negligence in performing a legal duty which duty must exist by other than the mere enactment of this Resolution, to any property owner for failing to receive funding under this Program. The Town is not guaranteeing that any property owner in the Town will qualify or receive funding from the Program and any oral and/or written statements by the Town shall not be relied upon by any property owner in the Town that they will so qualify and/or receive funding.
Section 8. If any section or part hereof this Resolution shall be determined by a Court of competent jurisdiction to be invalid, such invalidity shall not effect the remainder thereof which shall be in full force and effect and shall be interpreted as if such invalid section or part was excluded herefrom.
Section 9. The Town Clerk is hereby directed to immediately file a certified copy of this Resolution with the County Office of Community Development and to take and do any and all necessary acts and steps required by the Town to implement the intent of this resolution.
Section 10. The Town Supervisor is hereby authorized to sign any and all necessary contracts and documents to implement the intent of this Resolution.
Section 11. This Resolution shall take effect immediately.
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 to consider zone change for Herman and Walters Road from InA to InP for construction of asphalt plant:
140-08-000 MOTION BY Mr. Dudzinski, seconded by MS. Sabin, to recess the regular meeting, open the public hearing and waive reading the legal notice dated 4/18/08 in The Post Standard.
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. Jared Fogel, attorney for Spano, said a traffic study, noise study and SEQR have been given to the Town Board. He said they have been working with the Planning Board on their site plan and the Town Board on the zone change and to date, it has been a five month process. He said the company has agreed to re-zoning all 40 acres of the property, even though only the center 20 acres will be used for the asphalt plant. He said there will be significant setbacks by using only 20 acres of the 40 total acres. He said the hours of operation for the plant will be Monday through Friday 6:00 am to 6:00 pm, Saturdays, 7:00 am to 3:30 pm with maintenance to be done after hours. He said the access road they will build exceeds the DOT specifications. He said even at a maximum capacity of 24 hours a
day operation the surrounding infrastructure will be able to handle the traffic. He said the noise modeling study shows they will be able to meet the noise ordinance requirements at the property lines.
Mr. Sykes said the Board cannot act tonight because County Planning’s recommendations have not been received.
Ms. Dickman asked of they have addressed odor concerns. Mr. Fogel said yes, any odor from the plant will be confined to the project area.
Mr. Sykes asked if there was anyone to speak in favor of the zone change. No one spoke.
Mr. Sykes asked if there was anyone to speak against the zone change.
Mr. Brady Dombroske, 6809 Van Buren Road, said he is against the zone change. He said his property is closest to the site and they do lease farmland. He said he appreciates the studies they have done, but he does have concerns about noise and odor. He said trucks running in and out from sunup to sundown will have an effect on his quality of life.
Mr. Steve Dombroske, 6805 Van Buren Road, said there is farmland around the site. He said he is also concerned about traffic and noise and that hasn’t been addressed. He said not all tarvia trucks have covers on them. He said he is also concerned traffic will head south on Van Buren Road toward Camillus.
Keith Ciarpelli, Jones, Road, said he is concerned about traffic and speed. He said they have been dealing with trucks for years and have asked the town for help. He said Jones Road is a cut through and he doesn’t want anymore traffic.
Ms. Dickman said she understands the concerns the people have. She said the company has done studies, both noise and traffic that are available. She said the Planning Board will go through the EAF and urged the people here tonight to attend those meetings as well.
Mr. Sykes read the following e-mail from Julie Rosen:
Dear Town Councilors:
I am writing to discuss the proposed zone change that is scheduled for a~public hearing on 5/6/08. As I understand it, our current zoning laws do not allow an asphalt plant to be place in the industrial zone that Spano construction owns.
I would ask the town supervisor and councilors to consider upholding our existing laws in our town and not allow this zone change to occur. If this zone change is allowed, the way will be paved for this asphalt plant to begin emitting noxious odors and toxins in the environment that surrounds this land.~ I ask you to consider whether you would like to smell and be exposed to fresh, burning tar, if your home were near this proposed area?
I am aware of the site that proposes this change. There is substantial tillable land surrounding this area. Surely, we do not want our food supply to be potentially contaminated or affected by these toxins.
There are zones in which this type of industry may operate. Please do not amend our laws to include this zone, which currently excludes this property from this use.
Please consider denying this change. I would ask you to relay these concerns in the minutes of the Town Board's meeting, as I have another commitment and may be late or unable to attend this meeting.
Thank you for your anticipated attention to this matter, I look forward to your responses,
Mr. Sykes said they will leave this hearing open until the May 20th meeting.
141-08-052 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to pass the EAF to the Planning Board for coordinated review.
Mr. Brown said this means that this will be Type I in action, the most extensive level of environmental review and requires a 30 day comment period. He said a determination will also be made about who will be lead agency.
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 Local Law No. 6, to amend Chapter 107 to permit the town to recover attorney fees from zoning violators:
142-08-000 MOTION BY Mr. Dudzinski, seconded by Ms. Dickman, to recess the regular Town Board meeting and open the public hearing at 8:08 pm and waive reading the legal notice published on 4/18/08 in The Post Standard.
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 said this will allow the town to recover attorney fees from those who fail to follow the zoning laws and must be taken to court. He said town residents who are abiding by the law should not be forced to spend money on those who fail to comply.
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.
143-08-000 MOTION BY Mr. Tupper, seconded by Mr. Shepard, to close the public hearing at 8:10 pm and resume the 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
Consider Local Law No. 6, amend Chapter 107 to permit the town to recover attorney fees for zoning violations:
144-08-030 MOTION BY Mr. Dudzinski, seconded by Ms. Dickman, to approve the following Local Law No. 6:
Section 1:
The Code of the Town of Van Buren is hereby amended to rename Chapter 107 “DEPOSITS AND FEES”;
Section 2:
The Code of the Town of Van Buren is hereby amended to move Sections 107-1 through 107-9 into a new subsection of Chapter 107 entitled ARTICLE I “DEVELOPMENT FEE DEPOSITS”;
Section 3:
The Code of the Town of Van Buren is hereby amended to add a new ARTICLE II of Chapter 107 entitled “ATTORNEY FEES”, to read as follows:
CHAPTER 107
ARTICLE II
ATTORNEY FEES
§107-10. Statement of Intent.
A. One of the most important benefits received by residents of the Town of Van Buren from their government is the protection of property values and way of life safeguarded by the town's zoning and planning laws. The town has expended substantial public funds developing, nurturing and maintaining its Comprehensive Land Use Plan. Every violation of these laws undermines the benefit of these laws to all citizens and corrupts the integrity of the plan as a whole.
B. The criminal enforcement process is an ineffective tool to compel compliance with these laws because it is designed for punishment, not compliance, and the penalties associated therewith are insufficient to modify behavior.
C. The injunctive power of the New York Court System, on the other hand, is designed to compel compliance but is very expensive to the municipal taxpayer. This Article is designed to provide authorization for the Town of Van Buren to recover its reasonable attorney fees from a defendant who is adjudged by the court in a civil proceeding of having violated the town's zoning and/or planning laws.
§107-11. Applicability.
This Article shall be applicable to any civil proceeding, whether in the nature of an action for injunction or otherwise, brought by the Town of Van Buren or any of its boards, departments, agencies or divisions to enforce, compel compliance with or enjoin a violation of Chapter 165, Zoning, Chapter 144, Subdivision of Land, or the town's junk vehicle law, site plan law or other local law or ordinance in which the Town of Van Buren or its boards, departments, agencies or divisions are the prevailing party.
§107-12. Recovery of attorney fees.
In any civil proceeding for an injunction or other relief in which the Town of Van Buren, its boards, departments, agencies or divisions shall prevail, it shall be entitled to recover from the defendants, all of its reasonable attorney fees, costs and disbursements.
§107-13. Intent; construal of provisions.
By this Article, the Town of Van Buren intends to exercise the powers granted to it by the Municipal Home Rule Law to the maximum extend possible, and it is specifically intended that this Article shall supersede all other local or state laws of general application inconsistent herewith, except that this Article shall not be construed so as to be inconsistent with or to deprive any member of the judiciary of the State of New York of any power granted or reserved to such Judge.
Section 4:
This local law shall become effective immediately upon its filing with 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
All Ayes – Motion Carried & Adopted
Consider renaming Memphis Park in memorial of Christopher Simpson:
Mr. Bradley Pringle, of Memphis, said he submitted a petition to the Board that was signed by Vietnam Vets and parents of other soldiers serving in Iraq to rename the park after Mr. Simpson, who was killed in Iraq in March.
A woman in the audience from Memphis said that the town does a beautiful job of keeping up the park.
145-08-000 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to rename Memphis Park to Christopher Simpson Memorial Park.
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
Consider approval of municipal cooperation agreement for investments in MBIA management:
146-08-007 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to approve the following resolution:
WHEREAS, New York General Municipal Law, Article 5G, Section 119-0 (Section
119-0 empowers municipal corporations (defined in Article 5-G, Section 119-n) to include school district boards of cooperative educational services, counties, cities, towns and villages) and districts to enter into, amend, cancel and terminate agreements for the performance among themselves (or one for the other) of their respective functions, powers and duties on a cooperative or contract basis;
WHEREAS, the Town of Van Buren wished to invest certain of its available investment funds in cooperation with other corporations and/or districts pursuant to a municipal cooperation agreement;
WHEREAS, the Town of Van Buren wished to assure the safety and liquidity of its funds;
NOW THERFORE, IT IS HEREBY RESOLVED, the Town of Van Buren Supervisor is hereby authorized to execute and deliver the Cooperative Investment Agreement in the name of and on behalf of the Town of Van Buren.
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
Consider Marty Lally’s attendance at PERMA conference, no cost, reimbursed for mileage for May 22 & 23:
147-08-027 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to approve Marty Lally’s attendance at the PERMA conference at no cost other than mileage reimbursement May 22 and 23rd.
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
Budget Transfers: None
Committee Reports:
Ms. Sabin said the Economic Development committee has been working with the Syracuse Chamber of Commerce on getting together economic data to present to potential developers.
Mr. Tupper said the next Safety Committee meeting is May 13th at 7:00 pm at the Town Hall.
Mr. Tupper said the Planning and Zoning committee will meet on May 22nd at 7:00 pm at the Town Hall. He said they will have language changes in place and will discuss windmills and outdoor furnaces.
Mr. Tupper said Mr. Pringle has done a great job in getting together language changes for the Code.
Ms. Dickman said the Insurance committee will meet May 9th at 9:00 am with a broker to discuss insurance options.
Ms. Dickman commended Mr. Pringle on working on the new code language.
Mr. Johnson said Scrap Metal Day was well attended.
Ms. Dickman thanked Mr. Parks for the work that was done in her neighborhood.
Mr. Dudzinski said the Fishing Derby is this Saturday at Noon and asked that those who wish to participate register at the Park office.
Mr. Shepard said the Personnel committee is starting to work in the IUOE contract negotiations.
Highway Superintendent Comments:
148-08-026 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to authorize the Highway Superintendent to take the 1998 Chevy pick up truck with box to auction.
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
Supervisor Comments:
Mr. Sykes said he received notice from the County Health Department that they will be using mechanical harvesting to control water chestnuts in the Seneca River. He said they will be using chemical treatments as well in early July and August.
Mr. Sykes said OCWA has requested a new fire hydrant on Crego Road.
149-08-019 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to authorize OCWA to place a fire hydrant on Crego Road and authorize the signing of the Highway Permit.
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
Board Comments:
Mr. Tupper reminded everyone that the Carp Tournament is May 14 – 16th.
Citizens Comments: None
Engineer Comments: None
Attorney Comments: None
150-08-000 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to adjourn to the next Regular Town Board meeting on May 20, 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 8:41 pm
Respectfully submitted,
Lynn McCormick
Town Clerk
Dated: 5/8/08
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