7575 Van Buren Road, Baldwinsville, NY 13027
Town Board Minutes (06/17/08)
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 17, 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 Deputy Supervisor
Absent: 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.
Ms. Dickman asked for a moment of silence for Mr. Sykes’ stepson and Barbara Johnson’s grandson who passed away over the weekend.
Citizen’s Comments:
Mr. Tim Starkey, 524 Village Blvd North, asked the Board for help with his incompetent landlord. He said he is a disabled contractor and has been patient about needed repairs. He said he lives in Condo 4 and has addressed these issues through the lease. He said the wiring is not adequate and the man who was hired to fix the wiring is not licensed and did not get a permit.
Ms. Sabin said she is familiar with the circumstances of Condo 4, they are managed by Highlander Associates. She said she used to be on the condo Board and was there when they put the electrical work out to bid. She said he should contact the landlord and Highlander Associates and she would be happy to contact them on his behalf.
Mr. Starkey said the work has not been done properly and the Code Enforcement Officer agrees that it has not been done properly. He said Highlander may have paid for the work to be done but it was never inspected.
Mr. Tupper said he spoke with the Code Enforcement Officer and Condo 4 has been cited for violations. He said the Board can’t do anything, it is up to the Code Enforcement Officer to enforce the codes. He suggested Mr. Starkey contact Canton Woods outreach program because they know about other resources that may be available to him.
Ms. Dickman said all code violations have to go through the Code Enforcement Office.
Mr. Jim Sollecito, 15 Constock Road, said he helped open up fishing in the park and he noticed that there are weeds in the pond. He said rather than spraying chemicals he made the town employees rakes so they can use them to pull the weeds from the pond.
Mr. Sollecito said he also noticed that there is a town employee who drives around in a truck. He suggested the town purchase this gentleman a bike. He said it would save money on gasoline, lessen the carbon footprint of the town, show others how to get exercise in the park and may even allow him to stop and speak with park patrons.
Ms. Dickman thanked Mr. Sollecito for his creativity and suggestion.
Approve minutes of the 6/3/08 Regular Town Board meeting:
164-08-000 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to approve the minutes of the 6/3/08 Regular Town Board meeting.
Ms. Sabin – Abstain, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes
All Ayes – Motion Carried & Adopted
7:35 pm Continued public hearing to consider zone change for Herman and Walters Road from IndA to INP for Spano asphalt plant:
Ms. Dickman said this hearing will continue to remain open.
Ms. Dickman read a letter from the property owner of the land:
As the property owner and taxpayer of the 42 acre land parcel that the Spano Company would like to buy and build an asphalt plant upon, I request that you read this letter into the official record of comments regarding this matter.
I have owned this property since 1996 and have kept my property taxes up to date during my period of ownership.
For many years I have been actively attempting to sell this property and have not been successful due to the lack of natural gas, sewer and municipal water availability to the property adequate for its zoned use. Finally, after several years, a buyer, the Spano Companies has agreed to purchase the property contingent upon being able to build and run an asphalt plant theron.
The property is zoned industrial and the Spano Company has come up with a good plan for their use of the property. This project will provide improvement to the property, which will raise the Town’s tax base and provide additional tax revenue to our Town, County and School District.
Furthermore, the Spano project will also provide some construction jobs while being built and some permanent jobs to operate the facility.
I believe the Spano project will have a positive impact on the Town’s economy and encourage the Town Board to support this project.
Thank you,
John T. Dillon
Ms. Dickman said June 19th at 7:00 pm the Planning Board will be reviewing the Environmental Assessment Form in detail for this project. She said just some of the issues to be addressed will be noise, odor and traffic. She encouraged anyone interested in the project to attend.
Consider software renewal for Receiver of Taxes with Business Automated Systems in the amount of $1425.00 for the tax collection system:
165-08-010 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to approve the software renewal for the Receiver of Taxes with Business Automated Systems in the amount of $1425.00 for the tax collection system.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes
All Ayes – Motion Carried & Adopted
Consider training request for Justice Van Der Water in Potsdam, 7/27-7/29/08, cost not to exceed $385.00:
166-08-027 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to approve the training request from Justice Van Der Water to attend training in Potsdam on 7/27-7/29/08 at a cost not to exceed $385.00.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes
All Ayes – Motion Carried & Adopted
Ms. Sabin said she thinks these training opportunities are important for the judges to keep up on new laws and procedures.
Consider submittal of EPF grant applications, due 6/30/08:
Mr. Billings said the original intent of seeking this grant was to try to get money for the Erie Canal property through the historic funds part of the grant. He said after attending a presentation on the grants, it became clear that a park project would have a better chance of receiving funding. He said the town will be asking for a $200,000 grant with half of that money being a match from the town. He said the project most likely to receive funding is the addition of water, electrical and septic to the east side of the park, near the softball fields. He said this would allow for the construction of bathrooms and some parking and drainage work on that side of the park.
Ms. Sabin asked how much of the town’s part of the money can be in in-kind services.
Mr. Billings said some of it can be, but there are limits. He said the town can take several years to put in the $100,000 share of the money.
Mr. Billings said this project should be a good sell and park fees can be used as part of the 50/50 match of money.
Mr. Tupper asked why Town of Camillus got grant money for their part of the canal and Van Buren is not focusing on our portion as part of this grant.
Mr. Billings said their portion of the canal is more in a downtown district and our portion is much more rural.
Mr. Dudzinski said the town is still focused on the canal work and has been offered the services of volunteers to help clean up the area.
Mr. Johnson asked if a volunteer gets hurt is the town responsible.
Mr. Brown said the town’s insurance should cover any injury, but before any work is done they should b contacted.
167-08-036 MOTION BY Mr. Dudzinski, seconded by Ms. Sabin, to authorize Barton & Loguidice to prepare and submit an EPF grant in the amount of $200,000 for water, electric and septic to the east side of the park for the construction of bathrooms and improvement of parking and drainage.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes
All Ayes – Motion Carried & Adopted
Permission to scrap non-functioning printer #00127 from the Justice Court:
168-08-034 MOTION BY Mr. Johnson, seconded by Ms. Sabin, to declare item no 00127 surplus and destroy.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes
All Ayes – Motion Carried & Adopted
Budget Transfers: None
Ms. Dickman thanked the Comptroller for the monthly budget reports that are given to the Board, they are helpful and in an easy to understand format.
Ms. Dickman said the Receiver of Taxes has requested additional funds for reimbursement of expenses related to attendance at her recent conference.
169-08-027 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to authorize an additional $111.15 to be reimbursed to the Receiver of Taxes for conference attendance.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes
All Ayes – Motion Carried & Adopted
Highway Superintendent Comments:
Mr. Parks said the slurry seal of Village Boulevard is now complete with only a few traffic problems. He said there was an overage of $1000.00 for the work compared to the initial estimate, which is not too bad considering the increases in cost. He said Connors Road and the new park road have been paved and will need to be sealed. He said he will continue to work on other roads with the existing money for repairs.
Committee Reports:
Ms. Sabin said she requested several documents and a lot of information from PAC-B concerning their budget and new building. She said she received a packet of information from Mr. Dryden, PAC-B president and has gone through the materials. She said she has asked to be included in their meetings and is hopeful that her Cable TV experience can be helpful to them. She said they have a very dedicated group of volunteers, but are always looking for more.
Ms. Sabin said the Economic Development committee has spoken with the leasing agent for River Mall and Tri County Mall. She said all contacts they made with potential department stores and restaurants have been turned over and the leasing agents have followed up with the contacts. She said the biggest problem is the proximity to Great Northern Mall and the concern on the part of the retailers that there may not be enough competition.
Mr. Tupper said the Land Use committee has decided to change Section 200-24 of the proposed code changes that were announced last meeting. He said they are removing the section of outdoor storage that would have restricted the storage of boats or RV’s in all zoning districts. They will be allowed in driveways or on the side or rear of a yard. He said they will still not be allowed in a right of way or in front lawns. He said the reason for this is because emergency vehicles need access when necessary.
Ms. Dickman said the Board received numerous calls that this section was too restrictive.
Mr. Brown reminded everyone that these changes are just proposals at this time and nothing has been finalized. He said they can change even after the public hearing and another one can be held if necessary. The proposed changes will be available this week in the Clerk’s office.
Mr. Johnson asked when the drainage work will begin in Seneca Knolls.
Mr. Billings said the contractor started today and has received the permit to cut across Rt. 48.
Mr. Dudzinski reminded everyone that Van Buren pool is open until August 24th.
Mr. Dudzinski thanked Mr. Sollecito for the gift of the two rakes for the weeds in the pond.
Mr. Shepard said there will be a Personnel committee meeting on June 24th, but it will be an executive session to discuss the upcoming union negotiations.
Supervisor Comments:
Ms. Dickman said the town is working with Condo 3 to fix a drainage problem coming from the school. She said the school has agreed to purchase the pipe necessary to drain water into a swale and the town has agreed to provide the labor to install the pipe. She said there may be water going onto the property of Condo 4 that needs to be looked at as well.
Ms. Dickman said they are working on a swale that was left when pipe was put in to better drain Commodore Circle. She said before that pipe was installed the people used to mow the area the swale was in and now they cannot because the dirt that was used to fill in the area is too rock filled. She said the town is working with Eldan Homes to try to find a better way to correct the problem.
170-08-013 MOTION BY Ms. Sabin, seconded by Mr. Dudzinski, to authorize Ms. Dickman, on behalf of Mr. Sykes to send the following letter to Eldan Homes:
Mr. Doug Beachel
Eldan Homes
7854 Oswego Rd
Liverpool NY, 13090
Re: Harbour Heights Sections 4 & 5
Dear Mr. Beachel,
This letter is to confirm the actions discussed at our June 12, 2008 meeting to bring the swale to an acceptable level for homeowner maintenance. Attendees included Claude E. Sykes (Town Supervisor) and Jason Hoy (Barton & Loguidice), two property owners and myself. This meeting was held in response to several complaints by property owners regarding the back-lot swale. The complaints stem from the condition the in which the swale was left after installation of the additional pipe.
Based on our meeting the following actions were identified to return the swale to its previous condition:
· Removal of rocks from the swale bottom and side slopes.
· Regrading as required to maintain consistent side slope grades.
· Regrading as required to maintain consistent positive drainage in the swale.
· Restoration of disturbed areas with appropriate topsoil, seed and stabilization.
· Removal of stone check dam and swale repair behind #36 Fishermans Creek.
· Other work as necessary to make the swale mowable.
By issuance of this letter, the Town of Van Buren is granting you access to the Town owned easements on the properties fronting Fishermans Creek and Silversides Way to perform the work described above. The Town Board on June 17, 2008 passed a resolution to forward this approval with the understanding that further discussions will be held with you, the developer, regarding the area behind 36 Fisherman’s Creek.
Upon completion of these work items we will have a follow-up inspection to ensure the work has been completed satisfactorily. Once the Town deems the restoration work to be acceptable the swale will be declared “complete” and no further action will be required.
We appreciate your efforts in addressing these concerns. Should you have any questions regarding this work, please contact me at 635-3009.
Very truly yours,
Patricia A. Dickman
Deputy Supervisor
Cc: Jeff Brown, Esq.
James Billings, P.E.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes
All Ayes – Motion Carried & Adopted
Mr. Johnson asked if the town owns the ditch.
Mr. Billings said the drainage district has the responsibility for its maintenance and the letter gives Eldan Homes the ability to go on the town’s easement to fix the problem.
Mr. Shepard congratulated Canton Woods on their 30th anniversary and said they are having special events this Friday and Saturday to celebrate.
Ms. Dickman thanked Mr. DeFrancisco, State Senator, again for procuring the $100,000.00 to help with the cost of the Seneca Knolls drainage improvements.
Ms. Dickman said she, Ms. Sabin and Mr. Tupper are on the committee with a couple of Planning Board members to start looking at the preliminary plans for the Hunterfield development. She said their first meeting is June 26th at 7:00 at the Town Hall.
Ms. Dickman said the public hearing for the proposed code changes is July 1st at 7:35 pm.
Ms. Dickman said the town received a letter from four homeowners on Idlewood Blvd. who are having a problem with a resident who is allowing guests to park on the side of the road in front of their houses. In some cases they are blocking mailboxes and driveways. They have proposed a solution to add parking on a grassy area that is not being used for anything now. The other solution is to try to get the Cedarwood Apartment complex to allow them to park on the other side of the street. They are requesting a “no parking any time” sign be placed on the townhouse side of the street so that no cars are blocking either their driveways or mailboxes.
Ms. Dickman said they have been in touch with the Code Enforcement Office about the issue.
Ms. Dickman said she has letters for those living along the river that are dealing with the water chesnut problem. She said they will be chemically treating them this year. She also said there will be a workshop at the Beaver Lake Nature Center on June 25th from 6:30pm to 8:00pm run by those at the Cornell Cooperative Extension about invasive species. She said they will be identifying species samples if anyone brings them.
Board Comments:
Mr. Tupper said they are currently working on a property maintenance law and have asked for input by the Board members. Once that is complete he will present the proposal to the public.
Mr. Shepard said he is on the Greater Baldwinsville Economic Development Committee and they are looking for volunteers who have a background in promotions and business to help on the committee. He said with events such as the Carp Tournament and trying to get the Oktoberfest back they are in need of anyone who has experience to help.
Citizens Comments: None
Engineer Comments:
Mr. Billings said there is a community development meeting on June 30th for the Seneca Knolls road improvement project.
Mr. Billings said there is a bid opening in the Town of Lysander on June 18th to open bids for the HVAC improvements at Canton Woods which is being funded through community development money.
Attorney Comments: None
Mr. Tupper said there is a tentative date of September for the next public information meeting on the Downer Street corridor.
171-08-000 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to adjourn to the next regular Town Board meeting on July 1, 2008 at 7:30 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes
All Ayes – Motion Carried & Adopted
Meeting closed 8:45pm
Respectfully submitted,
Lynn McCormick, Town Clerk
Dated: 6/19/08
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