7575 Van Buren Road, Baldwinsville, NY 13027
Town Board Minutes (07/01/08)
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 July 1, 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
Mr. Claude Sykes Supervisor
Mr. Jeff Brown Attorney
Mr. Edward Parks Highway Superintendent
Ms. Theresa Golden Assessor
Ms. Rebecca Koegel Deputy Town Clerk
Pledge of Allegiance and Roll Call.
Citizens Comments:
A gentleman who lives on Jones Road requested a stop sign and speed limit reduction.
Mr. Sykes said he will forward the request to the County and State for their review and it usually takes three to four months for a response.
Another gentleman from the audience asked if the Spano asphalt plant would generate more traffic on Jones Road. Mr. Sykes said they may place restrictions on that traffic.
Approve minutes of the 6/17/08 Regular Town Board meeting:
Ms. Sabin had one correction under Committee Reports, the potential retailers are worried about too much competition from Great Northern Mall.
172-08-000 MOTION BY Mr. Johnson, seconded by Ms. Dickman, to approve the minutes of the 6/17/08 Regular Town Board meeting as amended.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – Abstain
Motion Carried & Adopted
7:35 pm Continued public hearing to consider zone change for Herman and Walters Road from IndA to INP for construction of an asphalt plant:
Mr. Sykes said this hearing remains open and asked if anyone wished to speak in favor or against the zone change.
No one spoke.
Consider Highway Supt. attendance at annual conference 9/23-9/26/08, cost not to exceed $800.00.:
173-08-027 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to approve the attendance of the Highway Supt. at the annual conference 9/23-9/26/08 at a cost not to exceed $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
Consider town’s membership in the New York State Town Clerk’s Association:
174-08-027 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to approve the town’s membership in the NYSTCA in the amount of $50.00.
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
Consider issuing a trash hauler license to Green’s Trash Removal, Syracuse Haulers and Feher Rubbish Removal:
175-08-021 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to approve issuance of a trash hauler license to Syracuse Haulers, Green’s Trash Removal and Feher Rubbish Removal.
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 July is battery bag collection month and you should place your orange battery bags on top of your trash can for your trash hauler to collect.
7:35 pm public hearing to consider proposed changes to Town Code:
176-08-000 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to open the public hearing and waive reading the legal notice published in the Post Standard on 6/25/08.
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. Tom Rasbeck, 24 Commane Road, thanked the Board for changing the section to allow for boats and R/V storage at people’s homes. He said he checked with six other towns and they all had less restrictive codes concerning outdoor storage. He said he understands that it is a quality of life issue for some, but not being able to store his boat would be a quality of life issue for him.
Janet Rasbeck, 24 Commane Road, also thanked the Board for changing the codes. She said that was something they checked before buying their home. She said she was concerned that she had to learn about this from reading the minutes. She said she strongly encouraged people to keep track of these things either at the public meetings or online.
Mr. Sykes asked if there was anyone to speak against the proposed Code changes.
The following letter was received from James and Carol Murphy, 7 Buccaneer Bend:
Dear Supervisor Sykes and members of the Town Board
Re: July 1st meeting on proposed zoning changes submitted to the Board by the Land Use Committee, Section 200-24 regarding the storage of boats or R/V’s
I regret that I am unable to attend, as my surgery is scheduled for today’s date and therefore placed my comments in a letter for your perusal.
We are requesting the Board reject the proposed changes and let our current status remain the same. Our request is based on the following:
We have resided in Harbour Heights for over 30 years and always stored out boat on our property. This has allowed us easy access to the boat for use, maintenance and security.
Adding parking pads or obtaining outside storage will cost your constituents more money, at a time when inflation is rising, a mortgage crisis continues and unemployment figures are on the increase.
We do not believe boats or R/V’s located on a person’s property are a detriment to the Town’s image. In fact most people in the Town of Van Buren with boats and R/V’s take pride in the appearance of their property.
We thank you for considering our request and hope you will reject the requested zoning changes.
Bill Donaghey, 20 Buccaneer Bend, said he was concerned with the section that deals with selling cars and 5 wheelers and trailers. He said he thinks this section needs more clarification.
Ms. Dickman said they do address tow behind trailers.
Mr. Tupper said the intent of these changes is not to be heavy-handed but to protect homeowners from others who are not as courteous.
Ruth Fink, 208 Seneca Avenue, said she had three cars in her yard and got a notice to clear her weeds from the property. She said she thinks that if a neighbor has a problem they should come talk to her, not come and complain to the town.
A woman in the audience asked what happens to those who violate the code.
Mr. Brown said the Code Enforcement Office issues a violation notice and if that is ignored a court appearance ticket is issued. He said the town recently passed a law to recoup the cost of taking these violators to court.
Darryl Young, Rufus Circle, asked about the pipe and equipment on a vacant lot.
Mr. Sykes said it is for the drainage work, they will clean up the lot after it is complete and it will look better than it did before the work started.
Mr. Young said he has a neighbor who has not completed a patio project and is moving all the materials into the front yard.
Mr. Sykes said permits can be good for up to a year and they may be extended beyond that in order for the work to be done.
Mr. Tupper said they are working on a property maintenance law that would deal with those types of things, like when building hasn’t been completed.
177-08-000 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to close the public hearing at 7:55 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
Rhoda Smith, from the Onondaga County Health Department, addressed the Board. She asked that they look over materials she distributed concerning smoke free Onondaga County. Ms. Smith said the Town of Lysander is currently looking into making their parks smoke free. She asked the Board to consider a resolution encouraging retailers to take down cigarette signage and advertising.
Mr. Sykes said the Board would discuss the resolution during a worksession.
Assessor’s Report:
Ms. Golden said all certified changes ordered by the Board of Assessment Review have been entered and all property owners notified. She said 55 property owners appeared before the BAR and 13 submitted paperwork only.
The final roll for 2008 has been completed and the Assessor’s Annual Report balanced and edited.
She said all legal notices required for the final roll will appear in The Messenger on July 2, 2008.
She said the tentative equalization rate for 2008 of 100% has been established by ORPS.
Ms. Golden said the STAR rebate program requires all assessors to produce and edit a report, which will be forwarded to NYS Department of Taxation and Finance. The Assessor must determine which entries need to apply for a rebate check and delete entries that are not applicable. The deadline for this is August 1st.
Ms. Golden said they have received notice from the ORPS that all State agencies are under directives to reduce spending. These cuts include reducing training reimbursement by 2%. All aid payments will also be reduced by 2% and this includes annual aid, the $5.00 per parcel payment will be $4.90.
Mr. Sykes asked about changes to the memorandum of understanding for the assessment improvement program.
Ms. Golden said the only changes are that aid can be denied if the town does not do a systematic analysis of assessments that takes into account market value. Also, if the Assessor fails to file a financial disclosure document.
Ms. Dickman asked if trending will still be acceptable.
Ms. Golden said it will be acceptable in certain areas of a town, if it makes sense to reassess that way.
Mr. Dudzinski asked how far into the town’s six year plan for reassessment we are in now.
Ms. Golden said the six year plan was passed by the Board last year. Unless the Town Board makes changes to it, it will be the plan that is used to comply with the annual assessment.
Ms. Dickman asked how it was working covering both Van Buren and Lysander.
Ms. Golden said it is working well. She said she had 84 grievances in Lysander and met with 350 informally, but had openings for more meetings in both towns.
Ms. Sabin asked if all Grievance Day decisions for Van Buren have been made.
Ms. Golden said yes and the Final Roll has been filed.
Mr. Shepard asked how many property owners were successful in getting a reduction in their assessments from the BAR. He also asked how many were successful in person before the Board vs. filing paperwork only.
Ms. Golden said she would get the figures to him.
Ms. Sabin asked if Ms. Golden has enough staff to complete the STAR rebate program report.
Ms. Golden said yes, once the Final Roll is filed in July they cannot make any changes to information until the end of July and cannot start working on the 2009 Roll. She said it isn’t bad timing for the report to be done.
Authorize Supervisor to execute memorandum of understanding with NYSORPS regarding our assessment improvement program:
178-08-003 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to authorize the Supervisor to execute the memorandum of understanding with NYSORPS regarding our assessment improvement program.
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
Set public hearing for wind energy system code on July 15, 2008 at 7:35 pm:
Mr. Tupper said the town currently has no regulations concerning wind energy. This new code would allow wind power to be used in agricultural and some residential areas of the town. He said the code would regulate permitting, proximity to other towers and noise, among other things. He said they want to encourage this technology, but only in areas that are appropriate and have the capacity to operate the towers.
179-08-039 MOTION BY Mr. Tupper, seconded by Ms. Sabin, to schedule a public hearing concerning a new Code on Wind Energy Systems on July 15, 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
All Ayes - Motion Carried & Adopted
Ms. Sabin said the draft of the new chapter is available in the Clerk’s office.
Authorize the Supervisor to execute agreement with OCWA to install 8 new fire hydrants in the Van Buren consolidated water district (new section of Harbour Heights):
180-08-019 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to Authorize the Supervisor to execute agreement with OCWA to install 8 new fire hydrants in the Van Buren consolidated water district (new section of Harbour Heights).
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 approving Local Law No. 8, the proposed zoning code changes:
Mr. Johnson said he would like to table this.
Mr. Sykes said it should go back to committee and they can look at making some more changes.
Budget Transfers: None
Committee Reports:
Mr. Dudzinski said Ms. Anders at the park wanted to thank the Highway Department for the work they did on the road to the lodge. Also, the new basketball system is complete and the sidewalk to the park office has been repaired.
Mr. Dudzinski wished everyone a Happy 4th of July.
Highway Superintendent Comments:
Mr. Parks said Connors Road has been oiled and stoned. He said the price was up $14,000.00. He said the welcome signs for the Hamlet of Memphis have also been installed.
Supervisor Comments:
Mr. Sykes said the IRS has increased the mileage reimbursement to $.58.5 cents per mile starting July 1st.
Mr. Sykes said he has contacted the Baldwinsville Fire Department about a meeting to discuss their status as a Fire Protection District.
Mr. Sykes said work has begun on the Seneca Knolls Phase I drainage project.
Mr. Sykes said Loretto has cleared the site for the senior apartments on O’Brien Road.
Mr. Sykes said he will be meeting with Mr. Tupper, Mr. Maxwell and a representative from M & T Bank tomorrow morning to discuss credit card acceptance and online payment for the town.
Mr. Sykes said the Comptroller, Mrs. Corrigan, Ms. McCormick and himself will be researching new accounting software systems.
Mr. Sykes said the Board received a written complaint about cars parking on Idlewood Boulevard and blocking mailboxes and driveways. He said the town Highway Department will be putting up “No Parking”signs on the north side of Idlewood Boulevard.
Mr. Sykes said the Comptroller put out a request for proposal for bonding for the cost of the new snow plow truck. He said the bids were as follows:
Solvay Bank: one year, 2.50% five year, 3.80%
M & T Bank no quote on one year five year, 5.06%
Chase Bank one year, 3.37% five year, 4.29%
Mr. Sykes said the Comptroller will follow up with Solvay Bank, the low bidder and work with Mackenzie Hughes to draw up the bond paperwork.
Mr. Sykes sad Ms. Gooden mentioned the 2% reduction in state aid that the town will receive.
Mr. Sykes said he looked at the drainage issue between Reynolds School and Condo 4 and it is a different issue than between the school and Condo 3. He said he would be willing to facilitate a meeting between Condo 4 and the school, but the issue is solely between those two entities.
Mr. Sykes said he met with the committee looking into the possible merger of the Village and Town Park Departments. He said a final report will be issued and a presentation will be made before the Board. He said it doesn’t look like there will be any savings in the the 1st year, but there could be savings in subsequent years.
Board Comments:
Ms. Sabin said she followed up with Mr. Pringle on the complaints about the electrical work at Condo 4 from the last meeting. She said Mr. Pringle is writing a letter to the Homeowners Association and once they receive it she will follow up with the managing agent.
Ms. Sabin said she has received requests from neighbors about a twice a year yard waste pick up. She said she knows this has been brought up before, but maybe the town should look into it again.
Mr. Sykes said he has information he can give her on the yard waste pick up.
Ms. Dickman wished everyone a Happy 4th of July.
Citizens Comments:
Mr. Tony Geiss, Planning Board Chairman, said in the past when code changes like the ones tonight were proposed the town had an informational meeting and suggested doing that before another public hearing is held.
Mr. Sykes said the town did have an informational meeting seeking input from the residents and no one attended.
Engineer Comments: None
Attorney Comments: None
Mr. Sykes said the Board needs to authorize $2515.00 more for the crew cab truck for the Highway Department to cover additional work body costs.
181-08-026 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to authorize an additional $2515.00 for the crew cab truck for the Highway Department.
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
182-08-000 MOTION BY Mr. Johnson, seconded by Mr. Tupper, to adjourn to the next regular Town Board meeting on July 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 8:33pm
Respectfully submitted,
Lynn McCormick
Town Clerk
Dated: 7/3/08
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