7575 Van Buren Road, Baldwinsville, NY 13027
Town Board Minutes (06/05/08)
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 June 3, 2008 at 7:30 pm.
Mr. Derek Shepard Councilor
Mr. Howard Tupper Councilor
Mr. Ronald Dudzinski Councilor
Mr. Harold Johnson Councilor
Ms. Patricia Dickman Councilor
Mr. Claude Sykes Supervisor
Absent: Ms. Mary Frances Sabin, Councilor
Mr. Jeff Brown Attorney
Mr. Jason Hoy Engineer
Ms. Lynn McCormick Town Clerk
Pledge of Allegiance and Roll Call.
Citizens Comments:
Mrs. Wendy Van Der Water, Commane Road, complimented the Board on the park. She said she has been going there for softball practices and games and someone who also attends the games asked if it was a private park. She said the pond looks amazing and thanked Mr. Dudzinski for all his work on the park committee.
Approve minutes of the 5/20/08 Regular Town Board meeting:
155-08-000 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to approve the minutes of the 5/20/08 Regular Town Board meeting as published.
Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
Award quote for replacement of basketball systems at the town park to Atlas Fence in the amount of $3,968.00:
Mr. Sykes said three quotes were received for the basketball systems in the following amounts:
Atlas Fence 3,968.00
Arrow Fence 6,620.00
BSN Sports 5,999.98, without installation
156-08-037 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to award quote for replacement of basketball systems at the town park to Atlas Fence in the amount of $3,968.00.
Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
Mr. Dudzinski thanked Mrs. Perkins for the work she did getting the three quotes.
Consider software renewal for Clerk’s office:
157-08-010 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to approve the software renewal contract with Business Automated Systems in the amount of $975.00.
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 number 459 surplus:
158-08-034 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to declare item number 459 surplus and dispose of the broken printer.
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
7:35 pm Continued public hearing to consider zone change for Herman and Walters Road from Ind A to INP for construction of an asphalt plant:
Mr. Sykes said this hearing is still open for comments and asked if anyone wished to speak for or against the zone change. No one spoke.
7:35 pm Public hearing to amend Chapter 107 of the Code to permit the town to treat unpaid developers fee deposits as liens on property:
159-08-000 MOTION BY Mr. Johnson, seconded by Mr. Tupper, to open the public hearing at 7:35 pm and waive reading the legal notice published in the Post Standard on 5/22/08.
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 asked if anyone wished to speak for or against the amendment to the Code. No one spoke.
Mr. Brown said this amends four provisions of the Code to deal with developers who fail to pay their fees to the town. He said this is similar to the law that was passed that dealt with individuals who disregard zoning laws and allows the town to recover the attorney fees after a successful prosecution.
Ms. Dickman said after seeing the list of developers who are in arrears this law is certainly necessary and thanked Mr. Brown for putting the law together.
160-08-000 MOTION BY Ms. Dickman, seconded by Mr. Johnson, to close the public hearing at 7:39 pm.
Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
161-08-030 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to approve the following Local Law No. 7:
1. Chapter 107, Article I, § 107-5(F) of the Code of the Town of Van Buren is amended to read as follows:
In the event that the applicant or developer fails to deposit such funds or such additional funds, the Town Supervisor shall notify, as applicable, the Chairman of the Planning Board, the Town Board and/or the Town’s Code Enforcement Officer of such failure, and any review, approval, building permit or certificates of occupancy may be withheld by the appropriate board, officer or employee of the Town until such moneys are deposited. In addition, when an applicant or developer fails to deposit such additional funds, these unpaid amounts shall constitute a lien and charge on any real property owned by the applicant or developer located within the Town and shall be collected in the same manner and at the same time as other Town charges.
2. The Code of Van Buren is hereby amended to add a new subsection (H) of Chapter 107, Article I, § 107-5 to read as follows:
This Article shall apply to any applications for approval of a development filed with the Town on or after the effective date of this Chapter, as well as any applications for approval of a development filed with the Town prior to the effective date of the Chapter to the extent that there are any unpaid amounts still due and owing to the Town by an applicant or developer.
3. Chapter 107, Article II, § 107-11 of the Code of the Town of Van Buren is amended to read as follows:
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. This Article shall be applicable to any such proceedings commenced on or after the effective date of this Chapter, as well as to any such proceedings commenced prior to the effective date of this Chapter provided that no final judgment or determination has been issued in such proceeding prior to the effective
date of this Chapter.
4. Chapter 107, Article II, §107-12 of the Code of the Town of Van Buren is amended to read as follows:
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 defendant, defendants or both all of its reasonable attorney fees, costs and disbursement. Such fees, costs and disbursements shall constitute a lien and charge on any real property owned by the defendant, defendants or both which was the sites of the violation(s) litigated in the underlying civil proceeding, and shall be collected in the same manner and at the same time as other Town charges.
5. This Local Law is effective upon filing with the Secretary of State.
Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
6.
Mr. Sykes said the town received a positive recommendation from the Onondaga County Planning Board for the Spano asphalt change. He said their only comment was to mitigate any potential run off onto County roads or right of ways.
Board review of proposed code changes from zoning and Land Use Committee (public comments accepted) during discussion:
Mr. Tupper said there is a packet of information concerning the Code changes here tonight and he will leave them in the Clerk’s office as well. He said he has received a copy of Ms. Sabin’s comments on the changes and is looking for more Board input.
Mr. Tupper said most of these items are housekeeping items and deal with the ability of the Code Enforcement Officer to enforce the Code.
Mr. Sykes said they are mostly quality of life issues.
Ms. Dickman thanked Mr. Pringle for all of his work and input. She said many of these proposed changes have come from him keeping lists over the years of items that caused difficulty. She said he has been invaluable to the committee.
Mr. Tupper read the proposed changes to the code:
Section 200-50 – Billboards
Height will be 10’ min to the bottom of the sign above grade
Overall heights will conform to District requirements
Electronic or digital billboards are not allowed
Section 200-24, add Section “J” – Storage Containers
Storage containers are not allowed in any residential district, except
Storage containers are allowed by permit for up to 30 days for residents who are moving or as needed due to construction activities on the same property that an approved building permit has been issued. Container or trailer shall be removed when the work has been completed.
Section 200-24F
Remove roadworthy and add operational
Add (4) all vehicles must be operational
Section 200-71 Open Vehicle Storage
Remove the first sentence, “In all residential districts, no more than one unlicensed running roadworthy motor vehicle shall be stored in the front, side or rear yards.”
Section 200-9 Definitions
Add: Inoperable motor vehicle
A vehicle which cannot be driven upon public streets for reasons including but not limited to being wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.
Section 200-43B Lot Coverage Regulations
Last sentence – “This coverage percentage shall include all buildings and structures. Parking spaces, aisles and parking lots are not included.
Section 200-25 Non Residential Accessory uses
Add new letter “D”
Storage trailers and containers are permitted as a temporary use conditional upon the following requirements:
1) The property has a legal use and an approved Site Plan approved by the Town of Van Buren Planning Board
2) A permit is obtained from the Town of Van Buren’s Code Enforcement Office. Permits shall be issued for a six month period and can be extended for an additional three months if applicant can provide justification to the Codes Officer.
Section 200-21 Table of Uses
Under utilities
G2 – add to all districts a (ZP) approval except in the R-20, R 15 and R-10 and BRB districts
D8 – add to industrial A (ZP)
Section 200-45 Table of Dimensional Requirements
In the R-10 district – Residential and nonresidential – Detached accessory structures, change rear year setback from 15 to 5 feet
Section 200-30 Landfills
Add tree stumps, brush and vegetation are not allowed to be used as fill material.
Section 200-74 Driveway Design Regulations
Add part (d) to read: “Corner Lot driveways shall be located as far from the intersection as possible per the approval of the Highway Superintendent.”
Section 200-9B Definitions
Change definitions for mobile, manufactured and modular homes per New York State Building Code.
Section 200-81B (2)(h)
Add to this section, “storm water and drainage of property. A survey of the property must show swales, ditches, or other means of controlling run off water onto surrounding properties.”
a) The location of the appliance is installed in accordance with the Section 200-45 Dimensional Requirements for an accessory structure.
Ms. Dickman asked if the change to this section could be clearer that the intent is to prevent runoff.
Section 200- 24 add the letter H, Outdoor Storage of Boats and R/V’s.
The storage of boats or R/V’s (motorized and tow behind trailers > 12 feet) are allowed under the following conditions:
1) The boat or R/V is kept on the driveway or parking pad along side of the principle structure and behind the front building line.
Mr. Brown said this does not prevent anyone from driving an R/V through these neighborhoods or parking them for a couple days.
2) Outdoor storage of these types of vehicles are not allowed in the R-10, R-15 R-20 or PUD Residential Districts.
Mr. Tupper said they have also created regulations for wind power for residential users, not commercial wind farms.
Mr. Sykes said these regulations require the applicant to prove that there is sufficient wind to run the unit because the town does not want them inoperable.
Mr. Tupper said the regulations address the following: small wind energy systems, system height, towers and height, turbines and radio, television and wireless internet. They also address the required permits, special use permits, ownership, zoning districts and lot requirements, net metering requirements, proximity to radio, television and telephone systems, noise limitations, height, lightning protection, utility service, setbacks and site plan review.
Mr. Dudzinski thanked Mr. Tupper and his committee for all the work that went into the proposed codes.
Mr. Sykes said these new codes do not address outdoor wood boilers because New York State is adopting emission standards.
Mr. Tupper said the town also needs additional codes on accessory uses for building lots, but will wait until the State comes up with standards.
Mr. Sykes said the town is also working on a new property maintenance law.
Mr. Sykes said any public comments will be accepted either at the public hearing or in writing at the Town Hall or via email to either the Supervisor or Town Clerk’s Office.
162-08-039 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to schedule a public hearing to consider the proposed code changes on July 1, 2008 at 7:35 pm.
Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted
Committee Reports:
Ms. Dickman said she was very surprised by the number of people who turned out for the Memorial Day parade. She said she was also touched by the ceremony at the cemetery with the inclusion of the high school students and re-enactors.
Mr. Dickman said the Insurance Committee is still working on analyzing the different plan information they have been provided.
Mr. Johnson said Village Blvd North and South have been slurry sealed.
He said Connors Road and the park road have been repaved and they may start on Van Ness Road drainage this week.
Mr. Dudzinski said he received the following notes from Ms. Anders at the Park & Recreation Department: They are still accepting applications for the summer playground program at Reynolds school that runs July 7th through August 16th. He said the pool opens June 14th and will remain open until August 24th. The fees are $2.00 for weekdays, $2.50 for weekends, $1.00 for age 5 and under and $.75 for those over 60 everyday.
Mr. Dudzinski said the Tuesday concert series sponsored by the Towns of Lysander and Van Buren and the Baldwinsville Public Library start June 24th and are every Tuesday thereafter at 6:30 pm. A compete schedule of concerts can be seen online.
Mr. Dudzinski thanked Ms. Anders for providing the information to the Board and the public.
Mr. Johnson said there is a concession stand at the pool as well.
Highway Superintendent Comments: None
Supervisor Comments:
Mr. Sykes said the Memorial Day ceremony money has been given to the VFW and next year it will go to the American Legion.
Mr. Sykes said the town held a park re-dedication last Thursday and renamed Memphis Park in honor of Christopher C. Simpson, a Memphis resident, who was killed in Iraq.
Mr. Sykes thanked Mr. Lally and Mr. LaManche for preparing the site with flags and new mulch, and he thanked Bialo Signworks for re-doing the sign at no cost.
Mr. Sykes said he has heard that some Radisson residents are not happy with the location of the new YMCA. He said he understands they chose that location to get users from Clay, Lysander, Baldwinsville and Van Buren, but if they cannot resolve their issues, Van Buren has five or six sites that would be appropriate.
Mr. Sykes said June 11th at 10:00 the Syracuse Metropolitan Traffic Safety Council will meet at the Van Buren Town Hall to discuss the Downer Street corridor.
Mr. Sykes read the following letter from Ms. Sabin, Chair of the Cable TV committee into the record in her absence:
As Chairwoman of the Cable TV committee, I would like to be advised of all meetings so as to plan to attend whenever possible. Additionally and more importantly, I would like to get a detailed update on the status of PAC-B. As you and I both know, based upon our conversations with residents, PAC-B is a tremendous asset to the residents of the greater B’Ville community with a substantial regular viewership which needs to be preserved.
I understand that Joe Loffredo, who has been the central component regarding the day-to-day operations of the channel, will be leaving as of June 1st but am unsure of who will be taking over the duties Joe performed.
Since the Town of Van Buren funds the PAC B 501C3 organization via quarterly payments, on behalf of the residents, I would like the PAC-B Board to provide the Van Buren Board with the information listed below prior to any future quarterly payments being dispersed to the organization. I believe it is the duty of the Town Board to ensure that any organization which the town funds provide annual fiscal reports showing exactly how the funds, past, present and future have and/or will be used. The accounting detail needs to be such that our comptroller can determine if the funds distributed from the town are bring used as both intended and wisely.
Specifically, I would ask you on behalf of the Town to request a written update from the PAC Board/committee to the following:
a) financial accounting, showing the planned and year end figures for both the operating and capital budgets for the calendar years 2006 and 2007, showing all planned purchases and the status of each projected project, i.e. purchase made on mm/yr for $$$.
b) the 2008 capital and operating budgets with year to date figures as of 4/30/08.
c) copy of meetings minutes for the years 2006-present
d) Since PAC-B is supposed to be moving out of the library in the next couple of months, what is the status of the new building/future home of PAC-B
1) Did the organization purchase a building?
2) If so, what was the cost of the building? Is there a mortgage and what is the length of the mortgage and what company holds the mortgage?
3) What, if any repairs, structural and/or cosmetic are needed at the building and were these costs factored into the mortgage price? If not, how much will repairs cost?
4) Are there monies set aside for the ongoing operating expenses for the house, i.e. electric, heating, water mortgage payments, etc.
e) When will the control room and live feed point be moving from the library to the new location? Has there been any coordination with Time Warner regarding moving the feed point from the library to the new building?
f) with the move from analog to digital TV signals, does PAC-B have sufficient digital equipment and training on that equipment so as to be ready for the switch to digital in February 2009? Is Time Warner responsible to supply any training to the staff/volunteers of the channel.
While I realize that I’m requesting a substantial amount of information, I’m assuming that all of the above information should be easily accessible and therefore fairly quick to compile. If possible I would ask that the committee provide a written response no later than June 20th.
Board Comments:
Mr. Johnson asked where the town stands with McDonald’s driveway onto Downer Street. Mr. Hoy said they were granted a conditional approval for the driveway and that once a street light was put in they would need to close that driveway onto Downer Street. He said they are claiming their delivery trucks cannot make the turn on NW Sorrell Hill Road. He said the town has photos of the trucks making the turn so that doesn’t seem to be a valid reason.
Mr. Sykes said that if Sunoco can work out some drainage problems they are interested in using NW Sorrell Hill Road for their business.
Ms. Dickman asked of the town is still waiting on the DEC to complete the Memphis canal parking area. Mr. Hoy said yes, but they have been out to the site.
Mr. Tupper spoke to some property owners near the Erie Canal and they are interested in helping to clean up the downed trees in the canal.
Mr. Sykes said June 9th at Noon there is a groundbreaking at Rt. 48 and Walker Blvd. for the drainage project in Seneca Knolls. He said this project is being partially funded by a $100,000 grant that was received through Senator DeFrancisco’s office. And the town is very appreciative of his help.
Citizens Comments: None
Engineer Comments:
Mr. Hoy said Phase I of the Seneca Knolls drainage project will be the lower portion of Baker Blvd. and Rufus Circle to Walker Blvd. He said there will be two outfall points, one across Rt. 48 and the other across Jones Road. He said this will be a closed drainage system.
Mr. Sykes said Phase II is to repave the roads.
Attorney Comments: None
163-08-000 MOTION BY Mr. Tupper, seconded by Mr. Johnson, to adjourn to the next Regular Town Board meeting on June 17, 2008 at 7:30 pm.
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 8:30 pm
Respectfully submitted,
Lynn McCormick
Town Clerk
Dated: 6/5/08
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