7575 Van Buren Road, Baldwinsville, NY 13027
Town Board Minutes (08/05/08)
Regular Town Board Meeting of the Town Board pf the Town of van Buren, held at the Van Buren Town Hall, 7575 Van Buren Road, Baldwinsville, New York on August 5, 2008 at 7:30 pm.
Ms. Mary Frances Sabin Councilor
Mr. Derek Shepard Councilor
Mr. Howard Tupper Councilor
Mr. Ronald Dudzinski Councilor
Ms. Patricia Dickman Councilor
Mr. Claude Sykes Supervisor
Mr. Timothy Redding Attorney
Mr. James Billings Engineer
Mr. Edward Parks Highway Superintendent
Ms. Theresa Golden Assessor
Ms. Rebecca Koegel Deputy Town Clerk
Pledge of Allegiance and Roll Call.
Mr. Sykes said Ms. Koegel is here tonight for the meeting because Mrs. Precourt had her baby and congratulated Lynn and Jamie.
Citizen’s Comments: None
Approve minutes of the 7/15/08 Regular Town Board Meeting:
197-08-000 MOTION BY Mr. Shepard, seconded by Mr. Dudzinski, to approve the minutes of the 7/15/08 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
Assessor’s Report:
Ms. Golden said the County has completed next year processing and 2009 is the current roll. She said work has begun on the 2009 file for next year. Ms. Golden said renewal applications for Senior and Enhanced Star exemptions are being processed for mailing in mid August. She said the Office of Real property Services has certified a Final Equalization rate of 100% for 2008. She said the Star Rebate report and mobile home change report have been completed and forwarded to ORPS. Ms. Golden said she will be covering the office the week of August 4th because of staff vacation time. Ms. Golden said the Star aid money has been reduced for 2008, it was $1.00 per parcel and will now be $.72 cents. She said the aid program will sunset by 2010-2011. She gave the Board a
Grievance List as requested. She said it includes all grievances and informals for 2008.
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 is a continued hearing and asked if anyone wished to speak for or against the proposed zone change. No one spoke.
Mr. Sykes said this hearing will be continued.
7:35 pm Public hearing to consider amending Section 186-50 of the Code to erect stop signs at Sun Meadows Way (north) at Cross Country Drive and on Cross Country Drive (west) at Sun Meadows Way and for amendment of Section 186-53 to install “no parking anytime” signs on Idlewood Blvd. east bound on southside of road between Cedarwood Blvd and NYS Rt. 48:
198-08-000 MOTION BY Mr. Dudzinski, seconded by Ms. Sabin, to recess the regular meeting and open the public hearing at 7:35 pm and 7:40 pm and to waive reading the legal notices for both that were published in The Messenger on July 23, 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 the first hearing to install stop signs and “no parking anytime” signs is necessary to insure safety.
Mr. Sykes asked if anyone wished to speak for or against the proposed stop sign installation in Sun Meadows or “no parking anytime” signs on Cedarwood Boulevard. No one spoke.
199-08-000 MOTION BY Ms. Sabin, seconded by Mr. Johnson, to close the public hearing to consider amending Section 186-50 of the Code to erect stop signs at Sun Meadows Way (north) at Cross Country Drive and on Cross Country Drive (west) at Sun Meadows Way and for amendment of Section 186-53 to install “no parking anytime” signs on Idlewood Blvd. east bound on southside of road between Cedarwood Blvd and NYS Rt. 48.
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 hear comments on revised Local Law on zoning changes on August 5, 2008 in follow up to 7/1/08 public hearing:
Mr. Tupper read the following changes to the proposed local law:
Outdoor storage of no more than one unlicensed but operable motor vehicle is permitted in all residential districts subject to the following restrictions:
No motor vehicle may be stored within the front yard or within the side yard, except a motor vehicle offered for sale, which must be located upon the driveway outside of the public right-of-way.
No more than one (1) vehicle may be offered for sale upon the premises at any given time, and no more than three (3) vehicles may be offered for sale in a 12 month period.
Any motor vehicle offered for sale upon the premises must be titled to a person residing upon the same premises.
All unlicensed vehicles used for drag or stock car racing shall be stored in an enclosed building.
Vans and trucks of more than one and one half (1 ?)-ton carrying capacity including but not limited to cube vans, semi tractors, stake rack trucks, dump trucks, etc. shall not be parked in the front, rear or side yards.
All such motor vehicles must be operable. Junk or junked vehicles may not be stored in the front, side or rear yards in a residential district, except to strip parts for repair for a period not to exceed thirty (30) days, after which time they must be removed.
Mr. Sykes said the Board took into consideration the comments and concerns after the last public hearing and changed the law to make it less restrictive.
Mr. Sykes asked if anyone wished to speak in favor or against the proposed local law. No one spoke.
200-08-000 MOTION BY Mr. Johnson, seconded by Ms. Sabin, to close the public hearing on the revised Local Law on zoning changes.
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 of parking lot sealing quote for Town Hall to R.J. Green in the amount of $2,900.00:
Mr. Sykes said the quotes ranged from $2,900.00 to $3,400.00 and this company will also do the striping and all work over the weekend.
Ms. Sabin asked why there were no local companies that bid and asked if the town could make an effort to try to get local companies to respond to RFP’s for the town.
201-08-010 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to award the bid for the parking lot sealing to R. J. Green in the amount of $2,900.00.
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
Award of pool cover quote to Stiles Pools in the amount of $8,502.00 plus estimated $400.00 freight charge:
Mr. Sykes said these quotes ranged to a high of $11,198.00 for the same pool cover.
Ms. Sabin asked how long the cover will last.
Mr. Sykes said the last cover lasted 10 years.
202-08-010 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to award the pool cover quote to Stiles Pools in the amount of $8,502.00 plus an estimated $400.00 for freight charges.
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
Authorize Supervisor to execute documents to change from Excellus to HealthNet for retiree Medicare Supplement Insurance:
Mr. Sykes aid he would like to pull this item from the agenda pending a meeting on August 14th at 1:30 pm with retirees to discuss the plan change.
Acceptance of gift of a diesel generator from 911 Generators with a value of $24,000.00 for use at the Highway Garage:
Mr. Sykes said this generator will run the Highway Department and has about 245 hours on it.
Ms. Sabin asked if there will be a cost to hook up the generator.
Mr. Sykes said yes and they will have to construct a cover for it.
Mr. Sykes thanked 911 Generators for the gift.
203-08-000 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to accept the gift of a diesel generator from 911 Generators with a value of $24,000.00 for use at the Highway Garage.
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 the town received a request from residents on Dolphin Drive to have a block party and block off the street on August 23rd from Noon to 5:00 pm. He said he doesn’t have a problem with it and they understand that the blockades must be removed for any emergency vehicles.
204-08-000 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to close Dolphin Drive August 23rd from Noon to 5:00 pm for a block party.
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 asked to explain what the town intends to do with the area in Harbour Heights that was donated as green space.
Mr. Sykes said he has received several inquiries about the green space that salespeople in Harbour Heights are telling prospective homebuyers that there will be a park and boat launch. He said the town envisioned a couple benches and some trash receptacles. He said the town doesn’t want a lot of maintenance for this area. He said Ryan Homes has been told through Eldan Homes to stop using the park as a sales tactic.
Mr. Sykes said the same resident who requested the block party has asked if they can present the Board with their plans for a park with some equipment. He said someone who lives in the area designs parks. He said he doesn’t have a problem with it as long as they use commercial grade equipment and the Board has final approval of the plans.
Consider amending Section 186-50 of the Code to erect stop signs at Sun Meadows Way (north) at Cross Country Drive and on Cross Country Drive (west) at Sun Meadows Way and for amendment of Section 186-53 to install “no parking anytime” signs on Idlewood Blvd. east bound on southside of road between Cedarwood Blvd and NYS Rt. 48:
205-08-014 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to approve the following Local Law No. 10:
1. Section 186-50 of the Code of the Town of Van Buren is hereby amended to add the following described intersection to be designated a stop intersection at which stop signs shall be installed:
Stop Sign On Direction At Intersection of
Sun Meadows Way North Cross County Drive
Cross Country Drive West Sun Meadows Way
2. Section 186-53 of the Code of the Town of Van Buren is hereby amended to add the following street upon which no person shall park a vehicle at any time:
Street Name Direction Location
Idlewood Boulevard East From Cedarwood Boulevard to
New York State Route 48
3. This Chapter shall take effect immediately upon filing in the office of 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 revised Local Law No. 9 on zoning changes:
206-08-014 MOTION BY Mr. Tupper, seconded by Ms. Sabin, to approve the following Local Law No. 9, changes to Chapter 200 of the Code:
1. The Code of Van Buren is hereby amended to add the following definitions to subsection (B) of Chapter 200, Article II, § 9:
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.
MANUFACTURED HOME — A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one or more sections, which in the traveling mode, is 8 feet (2438 mm) or more in width or 40 feet (12192 mm) or more in length, or when erected on site, is 320 square feet (29.7 m2) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning and electrical systems contained therein. The term “manufactured home” shall also include any structure that
meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974, as amended. The term “manufactured home” shall not include any self-propelled recreational vehicle.
MODULAR HOME — A factory-manufactured dwelling unit which is constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in a manufacturing facility, intended or designed for permanent installation, or assembly and permanent installation.
OPERABLE MOTOR VEHICLE — A vehicle which is in a sufficient state of repair to allow it to be driven upon public streets.
2. Subdivision (B) of Chapter 200, Article II, § 9 of the Code of the Town of Van Buren is amended by deleting the definition for “Mobile Home” and replacing it with the following definition:
MOBILE HOME — A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, transportable in one or more sections, which in the traveling mode, is 8 feet (2438 mm) or more in width or 40 feet (12192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m2) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The term “mobile home” shall not include travel trailers or any self-propelled recreational vehicle.
3. Attachment 1 to Chapter 200, Article II, § 21 of the Code of the Town of Van Buren is amended by adding the term “ZP” to the following Districts under “G2 Telecommunications Towers” on the Table of Land Uses by Zoning District:
RH
LB
GB
In B
PUD
MHC
POD
4. Attachment 1 to Chapter 200, Article II, § 21 of the Code of the Town of Van Buren is amended by adding the term “ZP” to the following District under “D8 Restaurant” on the Table of Land Uses by Zoning District:
In A
5. Subdivision (F) of Chapter 200, Article II, § 24 of the Code of the Town of Van Buren is amended to read as follows:
F. Outdoor storage of no more than one unlicensed but operable motor vehicle is permitted in all residential districts subject to the following restrictions:
(1) No motor vehicle may be stored within the front yard or within the side yard, except a motor vehicle offered for sale, which must be located upon the driveway outside of the public right-of-way.
(2) No more than one (1) vehicle may be offered for sale upon the premises at any
given time, and no more than three (3) vehicles may be offered for sale in a 12 month period.
(3) Any motor vehicle offered for sale upon the premises must be titled to a person
residing upon the same premises.
(4) All unlicensed vehicles used for drag or stock car racing shall be stored in an
enclosed building.
(5) Vans and trucks of more than one and one half (1 ?)-ton carrying capacity including but not limited to cube vans, semi tractors, stake rack trucks, dump trucks, etc. shall not be parked in the front, rear or side yards.
(6) All such motor vehicles must be operable. Junk or junked vehicles may not be stored in the front, side or rear yards in a residential district, except to strip parts for repair for a
period not to exceed thirty (30) days, after which time they must be removed.
6. Chapter 200, Article II, § 24 of the Code of the Town of Van Buren is amended by adding a new subsection (J) to read as follows:
J. Storage containers shall not be allowed in any residential district except under the
following conditions:
(1) Storage containers shall be allowed in a residential district by permit obtained
from the Town of Van Buren Code Enforcement Office for a period not to
exceed thirty (30) days for residents who are moving or when such containers are needed in relation to construction activities occurring on the
property on which they are being kept for which an approved building permit
has been issued.
(2) Any storage containers allowed in a residential district by permit shall be
removed when the work for which such containers were needed is
complete.
7. Chapter 200, Article II, § 24 of the Code of the Town of Van Buren is amended by adding a new subsection (K) to read as follows:
K. The storage of recreational vehicles, including but not limited to campers, RVs, boats, water craft, snowmobiles, and trailers, in excess of 12 ft. (3.66 meters) in length, may be stored on the vehicle owner’s property in a residential district provided that:
(1) The recreational vehicle is stored on the driveway, or alternatively, the recreational vehicle is stored alongside the principal structure and behind the front building line.
(2) No such vehicles shall be used as living quarters, nor shall they be hooked up to any utilities, water or sewer.
(3) The recreational vehicle does not obstruct a public right-of-way or otherwise prevent access to the property by the fire department or other emergency services.
(4) This subsection does not apply to the storage of recreational vehicles in zoning districts R-40 and AR-80.
8. Chapter 200, Article II, § 25 of the Code of the Town of Van Buren is amended by adding a new subsection (E) to read as follows:
E. Storage trailers and containers are permitted temporary accessory uses provided the
following requirements are met:
(1) The property has a legal use and a Site Plan has been approved by the Town of Van Buren Planning Board.
(2) A permit is obtained from the Town of Van Buren Code Enforcement Office.
Permits shall be issued for an initial six (6) month period and may be extended
for an additional three (3) months provided the applicant can demonstrate to the Code Enforcement Officer’s satisfaction that such an extension is justified.
9. Chapter 200, Article II, § 30 of the Code of the Town of Van Buren is amended to read as follows:
In any district, the dumping of refuse and waste material for landfill is prohibited. Loam, rock, stone, gravel, sand, cinders and soil may be used to fill land to grade. After approval by the Planning Board and upon issuance of a special use permit by the Zoning Board of Appeals, loam, soil, rock, stone, gravel, sand and cinders may be used to fill land to grades approved by the Code Enforcement Officer and Town Engineer. Tree stumps, brush and vegetation may not be used to fill land to grade.
10. Subsection (B) of Chapter 200, Article II, § 43 of the Code of the Town of Van Buren is amended to read as follows:
B. Maximum lot coverage permitted. No more than the percentage of the area of the lot indicated for each district in the Table of Dimensional Requirements (§ 200-45)13 may be covered. This coverage percentage shall include all buildings and structures. Parking spaces, aisles and parking lots are not included.
11. Attachment 2, to Chapter 200, Article II, § 45 of the Code of the Town of Van Buren is hereby amended by changing the minimum rear yard setback in the Table of Dimensional Requirements for a “detached accessory structure” on a “residential use” property in an “R-10 Residence District” from 15 feet to 5 feet.
12. Attachment 2 to Chapter 200, Article II, § 45 of the Code of the Town of Van Buren is hereby amended by changing the minimum rear yard setback in the Table of Dimensional Requirements for a “detached accessory structure” on a “nonresidential use” property in an “R-10 Residence District” from 15 feet to 5 feet.
13. Subsection (D)(5) of Chapter 200, Article II, § 50 of the Code of the Town of Van Buren is hereby amended to read as follows:
(5) A billboard sign shall be limited to 440 square feet per face, a maximum of two sign faces per structure placed in either a back-to-back or V configuration, and the bottom of such sign shall be a minimum of ten (10) feet above grade. The overall height of the billboard sign shall conform to the requirements of the Billboard Sign Overlay District.
14. Subsection (D) of Chapter 200, Article II, § 50 of the Code of the Town of Van Buren is hereby amended by adding a new subdivision (10) to read as follows:
(10) Electronic and digital billboards are prohibited.
15. Chapter 200, Article II, § 71 of the Code of the Town of Van Buren is hereby deleted.
16. Chapter 200, Article II, § 74 of the Code of the Town of Van Buren is hereby amended to add a new subsection (D) to read as follows:
D. Corner lot driveways shall be located as far from the intersection as possible subject to the approval of the Highway Superintendent.
17. Chapter 200, Article II, §81(B)(2)(h) of the Code of the Town of Van Buren is amended to read as follows:
(h) Provisions to be made for stormwater treatment and disposal of sewage and industrial
wastes, and a survey showing swales, ditches and other means of controlling water runoff onto surrounding properties.
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. Tupper thanked all the volunteers who helped to work on the zoning changes.
Supervisor Comments:
Mr. Sykes said that the Onondaga County Department of Transportation has acknowledged the speed zone reduction and stop sign request for Jones Road. They have given a date of January to have their assessment completed.
Mr. Sykes said he has contacted CSX about the railroad tracks in Memphis. He said he has received complaints that the approach to the tracks is too rough and needs work because cars and fire trucks have been bottoming out over the tracks.
Committee Reports:
Ms. Sabin said she met with the leasing agent for River Mall and they reviewed a list of stores. She said it has been very difficult to find a tenant but they are working hard.
Mr. Tupper reminded everyone there is a Land Use Committee meeting on August 6th at 7:00 pm at the Town Hall. He said they will be discussing property maintenance and wood boilers.
Ms. Dickman said the Insurance Committee will be meeting with retirees before approving any change in insurance carriers for their Medicare supplement plan.
Mr. Johnson said the Van Ness Road drainage work is done. He said the park road to the lodge has also been completed.
Mr. Sykes thanked Mr. Parks for fixing the drainage problem in Condo 3.
Mr. Dudzinski said they discussed a smoke free policy for the park at their last committee meeting and decided they will look into it if there are problems. He said right now there have been no complaints and smoking is not an issue in the park.
Mr. Dudzinski said Ms. Anders has planned a Halloween party at the lodge and planted a pumpkin patch. He said Mr. Lally will provide a hayride for the kids.
Mr. Dudzinski said Mrs. Perkins has some ideas about opening in the pool a couple weeks later next year. He said finding lifeguards is always a problem because most of them are in school and it would be a cost savings to the town.
Mr. Sykes said the budget sheets will be coming out soon and urged committee chairs to get figures for any specials projects their departments may be looking at for next year.
Mr. Dudzinski said Mr. Lally is looking into a new gate for the main road at the park that is budgeted for this year, but a new gate is needed at the lodge as well.
Mr. Dudzinski said he will be meeting with residents in Memphis who are interested in helping to clean up the canal. He said he would like them to be involved since it runs through their area of town.
Mr. Sykes said the town’s insurance will cover the volunteers and they are waiting to hear if the Workers Comp policy will as well.
Ms. Sabin asked how the attendance has been this year at the pool.
Mr. Dudzinski said it has been good.
Mr. Shepard said the Personnel Committee will be meeting with the Operating Engineers on August 13th to discuss the current union negotiations.
Mr. Shepard said the Oktoberfest plans are taking shape and urged any groups interested in fundraising to contact the Mayor of Baldwinsville. He said they are planning to have a Kindergarten area just for kids.
Highway Superintendent:
Mr. Parks said they will be starting the road improvements on Jenda, Dunhill and Fairview Drive next week.
Board Comments:
Mr. Johnson asked if the price of oil keeps going up will the town need to cut back on the roads that are repaired this year.
Mr. Parks said it will not affect the current projects.
Citizen’s Comments:
A resident complained about a house on Clarewood Drive that has been covered in Tyvec wrap for years.
Mr. Tupper said the property maintenance law changes that they are gong to propose will address those types of situations.
The resident also complained about the number of trash trucks going through the neighborhood.
Mr. Sykes said the Board looked into trash districts a couple years ago and it was opposed by the majority of those who came to the meetings. He said that in order for the Board to look into it again it would have to come from the residents.
Engineer Comments:
Mr. Billings said Lan-Co has made progress on the drainage in Seneca Knolls.
Mr. Sykes thanked the Seneca Golf Course for an easement to help the drainage situation there.
Attorney Comments: None
207-08-000 MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to adjourn to the next Regular Town Board meeting on August 19, 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 8:32 pm
Respectfully submitted,
Lynn Precourt
Town Clerk
Dated: 8/8/08
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