Van Buren, NY - Town Board Minutes (08/19/08)

Town Board Minutes (08/19/08)

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 19, 2008 at 7:30 pm.

Ms. Mary Frances Sabin Councilor

Mr. Derek Shepard Councilor

Mr. Howard Tupper Councilor

Mr. Harold Johnson Councilor

Ms. Patricia Dickman Councilor

Mr. Claude Sykes Supervisor

Absent: Mr. Ronald Dudzinski, Councilor

Mr. Jeffrey Brown Attorney

Mr. Jason Hoy Engineer

Mr. Edward Parks Highway Superintendent

Ms. Rebecca Koegel Deputy Town Clerk

Pledge of Allegiance and Roll Call.

Approve Minutes of the 8/5/08 Regular Town Board Meeting:

Ms. Sabin had two corrections, on motion number 200-08-010 it should read that the contract was awarded. On the last line of the Assessor’s Report it should read that the list Ms. Golden gave included all grievances and informal meetings.

208-08-000 MOTION BY Mr. Johnson, seconded by Ms. Dickman, to approve the minutes of the 8/5/08 Regular Town board Meeting as amended.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Citizen’s Comments: None

Authorize Supervisor to execute documents to change from Excellus to HealthNet for retiree Medicare Supplemental Insurance coverage:

Ms. Dickman said they held a meeting last week with the retirees and a representative from HealthNet to discuss their supplemental Medicare coverage that is superior to what the town has offered in the past. She said it was a unanimous decision among the retirees to switch to the HealthNet coverage in large part because there is no doughnut hole for prescription coverage.

Mr. Sykes said there is a $5.00 difference in monthly premiums.

Mrs. Joyce Daniels, a retiree, said she has researched HealthNet and is satisfied that they do provide good coverage.

209-08-029 MOTION BY Ms. Sabin, seconded by Mr. Tupper, to authorize the Supervisor to execute documents to change from Excellus to HealthNet for retiree Medicare Supplemental Insurance coverage.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

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 public hearing and asked if there was anyone to speak in favor or against the zone change. No one spoke.

Mr. Sykes said this hearing will remain open.

7:35 pm Public Hearing - Lowery zone change on Van Buren Road from R-40 to LB for tax parcel 031-02-5.1 and 5.2:

210-08-000 MOTION BY Ms. Sabin, seconded by Ms. Dickman, to recess the regular meeting and open the public hearing and waive reading the legal notice published in the Messenger on July 23, 2008.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Mr. Sykes said the Onondaga County Planning Board has recommended the following modifications for the zone change:

-A single driveway on Van Buren Road meeting the commercial driveway requirements on the Onondaga County DOT to serve both lots as per the Onondaga County DOT.

-Federal wetland boundaries

-A lighting plan approved by the Town Engineer to ensure that no glare or spillover is allowed onto adjacent properties and the county right of way

-An engineering study to verify to the NYS Department of Transportation and Onondaga County Department of Transportation that the proposed development would not create additional storm water runoff into the state and or county drainage systems, respectively. If additional runoff is created, the applicant shall be required to submit a mitigation plan to the NYS DOT and/or the Onondaga County DOT, respectively, for approval and implement any mitigation required.

Ms. Sabin said they also are asking for a traffic study.

Mr. Sykes said in order for the town to pass this zone change a supermajority is needed.

Mr. Sykes asked if there was anyone to speak for or against this zone change. No one spoke.

211-08-000 MOTION BY Mr. Johnson, seconded by Ms. Dickman, to close the public hearing at 8:47 pm.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

7:40 pm Public Hearing - Sun Meadows - Section 4 zone change from R-40 - PUD for tax parcel 33.1-05-13:

212-08-000 MOTION BY Ms. Sabin, seconded by Ms. Dickman, to open the public hearing and waive reading the legal notice published in the Messenger on July 23, 2008.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Mr. Bill Price and Mr. Jason Kantak were present to address the Board. Mr. Price said they are looking for this zone change for Section 4 of Sun Meadows. He said they have currently built 71 lots and Section Three has been approved by the Planning Board. He said they purchased the adjacent lot two and a half years ago and had hoped to connect the subdivision to Meigs Road. He said they have discussed the road connection with the Village and they are looking for an annexation in order to allow the connection to a Village road. He said they are not interested in the annexation because it would make the taxes too high for potential homeowners. They are looking at an access road instead that would serve emergency vehicles only and all traffic from the subdivision would enter and exit through Sun Meadows Way, which has a traffic light.

Mr. Parks asked who would be responsible for maintaining the access road.

Mr. Sykes said they are looking into forming a district and having a private contractor maintain the road.

Ms. Sabin asked if there could be any other concessions with the Village to connect the subdivision to Meigs Road without an annexation.

Mr. Sykes said no, he has spoken with the Mayor and that is the only option.

Mr. Johnson said he would like to table this zone change and have another discussion with Village officials.

Ms. Sabin agreed and said someone from the Board should meet along with a representative from Pooler.

Ms. Dickman said she is not in favor of any annexation, but agreed to meet with Mr. Sykes and Village officials.

213-08-052 MOTION BY Mr. Johnson, seconded by Mr. Shepard, to table the vote on the zone change and have Mr. Sykes and Ms. Dickman meet with Village officials to discuss a road connection with Meigs Road.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Consider approval of a PILOT Increment Financing resolution for Action developers Project on tax parcels: 055-04-02.1; 055-04-02.5; 055-04-02.7; 055-04-02.8; 055-04-02.9 and 055-03-04.0:

Mr. Sykes said Action Developers has asked for this agreement in order to complete the development on Walters Road. He said OCIDA has agreed to this agreement, but the town and school district must also agree. He said OCIDA held a public hearing at the Town hall on August 4^th. He said they are asking for $5 Million Dollars to complete the project. He said this PILOT agreement would freeze taxes at their current rate and includes a 2% increase each year.

Mr. Brown said the project will not move forward without this PILOT agreement. Because of that, the town will not see anymore tax revenue if the project doesn’t move forward at all. He said the County is very much in favor of this project because it is considered a destination spot and will spur other development.

Ms. Sabin said the town will still get the current amount of tax revenue, the only thing the town is giving up is the additional full assessment. If the project doesn’t go forward the town will not receive any additional revenue anyway.

Mr. Sykes said this PILOT also includes a provision that the development must be completed in 36 months.

214-08-041 MOTION BY Mr. Johnson, seconded by Ms. Dickman, to adopt the following PILOT Increment Financing resolution for Action Developers Project on tax parcels: 055-04-02.1; 055-04-02.5; 055-04-02.7; 055-04-02.8; 055-04-02.9 and 055-03-04.0:

RESOLUTION OF THE TOWN OF VAN BUREN CONSENTING TO THE USE OF CERTAIN PILOT PAYMENTS BY THE ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO FUND THE COSTS OF OR DEBT SERVICE RELATED TO INFRASTRUCTURE AND OTHER IMPROVEMENTS AND AUTHORIZING THE SUPERVISOR OF THE TOWN TO EXECUTE AND DELIVER ANY AGREEMENTS IN FURTHERANCE OF SAME

WHEREAS, ACTION DEVELOPERS, INC. for itself or on behalf of an entity to be formed (the “Company”) has submitted an application (the “Application”) to the Onondaga County Industrial Development Agency (the “Agency”) requesting the Agency's assistance with a certain project consisting of: (i) the development of a $28.5 million, 114 room Hotel and Waterpark (the “Improvements”) on a portion of real property under its control bounded by Winchell Road to the west, Walters Road to the south, the State Thruway Authority to the north, and the Town of Geddes Boundary to the east (the “Land”); (ii) the further development of an existing hotel, motocross & paintball park, and destination restaurant along with vacant properties on the Land in and around the Facility site to provide for a regional tourism attraction to Onondaga County (the “Project”); (iii) the acquisition in and around the Improvements of certain items of equipment and other tangible personal property and equipment (the “Equipment” and, collectively with the Land and the Improvements, the “Facility”); and

WHEREAS, the Company is unable to proceed without funding for the construction and equipping of certain water, wastewater, utility, site work, parking and infrastructure/foundation improvements to facilitate the development of the Facility and the Project (the “Infrastructure Project”); and

WHEREAS, in order to fund up to $5,000,000 of the Infrastructure Project, the Agency desires to utilize payments to be made under the Company Payment in Lieu of Tax Agreement (“PILOT”) with the consent of the Town, the County and the School District (collectively, the “Affected Taxing Jurisdictions”); and

WHEREAS, after considering the positive financial impact of the Project, that will benefit the Affected Taxing Jurisdictions, and the direct impacts of development of the Project, including positive impacts on the tax base of the Town through additional sales and income taxes, the Company has requested the Agency’s consideration of a deviation from the Agency’s Uniform Tax Exemption Policy (“UTEP”) to allow a PILOT agreement for a term of twenty (20) years to be entered into by the Agency and the Company in connection with the Project with certain amounts of the PILOT payment being used to pay debt service on the bonds and reserves; and

WHEREAS, the Company, in connection with its anticipated certification as a Qualified Empire Zone Enterprise (“QEZE”) in the Onondaga County Empire Zone (the “Zone”), has also requested the Agency’s support in establishing a PILOT Increment Financing (“PIF”) structure whereby the Agency would issue bonds payable out of PILOT payments with the consent of the Town, the County and the School District (collectively, the “Affected Taxing Jurisdictions”), and

WHEREAS, the Agency would receive PILOT payments from the Company for the first ten (10) years of the PILOT in an amount equivalent to full taxes and diverting certain amounts necessary to pay debt service and reserves up to a maximum principal amount to be borrowed of $5,000,000 (the “PIF Amount”) with the balance of the PILOT payments distributed pro-rata to the Affected Taxing Jurisdictions; and

WHEREAS, the Affected Taxing Jurisdictions shall receive from such PILOT a minimum distribution during the first ten (10) years of the PILOT equal to the 2008 real property taxes on tax parcels 055-04-02.1; 055-04-02.4; 055-04-02.5; 055-04-02.8; 055-04-02.9, and 055-03-04.0 inflated by 2% per annum after the first year following completion of construction of the assessable improvements; and a minimum distribution during the first ten (10) years of the PILOT equal to the 2009 real property taxes on parcel 055-04-2.7, or an assessment and distribution hereinafter agreed to between the Town and the Agency, inflated by 2% per annum after the 2009 tax year; (the “Minimum PILOT Payment”); and

WHEREAS, in years eleven (11) through twenty (20) of the PILOT, the Agency would receive from the Company a PILOT payment in accordance the Agency’s UTEP for a standard ten (10) year PILOT for pro-rated distribution to the Affected Taxing Jurisdiction; and

WHEREAS, in furtherance of foregoing, the Company and the Agency have requested the consent of the Town pursuant to and in accordance with General Municipal Law Section 858(15).

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN AS FOLLOWS:

Section 1. The Town hereby authorizes the Agency to undertake the PILOT and to retain all amounts payable under the PILOT in excess of the Minimum PILOT Payment for purposes of paying debt service, reserves and costs related to the PIF, which debt service shall be associated with the Infrastructure Project; provided however, in no event shall the amount borrowed exceed the PIF Amount; provided further, any excess each year is distributed to the Affected Taxing Jurisdictions.

Section 2. Special District payments shall be paid notwithstanding any PILOT agreement.

Section 3. The Improvements, including the Infrastructure Project, shall be completed within thirty-six (36) months of the issuance of the bonds contemplated hereunder and issued by the Agency.

Section 4. The Supervisor of the Town is hereby authorized to execute and deliver any and all agreements necessary or related to the foregoing.

Section 5. This Resolution shall take effect immediately.

The question of the adoption of the foregoing Resolution was duly put to vote on roll call, which resulted as follows:

Roll Call Votes: Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Adoption of Warners Cemetery Rules and Regulations

Mr. Sykes said he has passed out these rules to the Board and will be seeking the input of local funeral directors and it will be on the next agenda.

Approval of renewal of liquor license for Butterfly Liquors, Inc, River Mall:

215-08-052 MOTION BY Mr. Tupper, seconded by Mr. Shepard, to approve the liquor license renewal for Butterfly Liquors.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Approval of grant application in the amount of $1,628.00 to the 2008 Justice Court Assistance Program(JCAP) for new storage shelving:

216-08-007 MOTION BY Mr. Johnson, seconded by Ms. Sabin, to authorize the Supervisor to sign the grant application in the amount of $1,628.00 to the 2008 Justice Court Assistance Program(JCAP) for new storage shelving.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Mr. Sykes thanked Justice Van Der Water for preparing the application for the shelving.

Consider contract extension with LANCO to 9/26/08 for the Seneca Knolls Phase I Road Improvements Project:

Mr. Sykes said they are in need of the extension because they had to wait for National Grid to move some gas lines.

217-08-010 MOTION BY Mr. Tupper, seconded by Ms. Dickman, to approve the contract extension with LANCO to 9/26/08 foe the Seneca Knolls Phase I Road Improvements project.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Declare 1995 fax machine No. N7ACRC098037 surplus and authorize its disposal:

218-08-040 MOTION BY Mr. Tupper, seconded by Ms. Dickman, to declare the 1995 fax machine surplus and authorize its disposal.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Authorize Barton & Loguidice to perform additional storm water (MS4) work for $10,200.00 for 2008-2009:

219-08-056 MOTION BY Mr. Shepard, seconded by Mr. Tupper, to authorize Barton & Loguidice to perform additional storm water (MS4) work for $10,200.00 for 2008-2009.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Set public hearing for September 2, 2008 at 7:35 pm to hear comments on proposed Coordinated Assessment Program with the Town of Lysander:

Mr. Sykes said the town tried this on an informal basis for one year and now must decide whether to formalize the agreement for ten years. He said the town will receive a one time payment from the State in the amount of $7.00 per parcel and will have to repay the money if the agreement is broken before the ten years expires on a pro-rated basis.

220-08-039 MOTION BY Ms. Sabin, seconded by Ms. Dickman, to set the public hearing for September 2, 2008 at 7:35 pm to hear comments on proposed Coordinated Assessment Program with the Town of Lysander.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Budget Transfers:

221-08-007 MOTION BY Mr. Johnson, seconded by Ms. Dickman, to approve the following budget transfers per the Comptroller:

To: 1355.2A Assessor. Equipment $2,700.00

From: 1990.4A Contingency $2,700.00

For purchase of a fire proof file cabinet

Increase: 1620.2A Bldgs & Grounds Equip. $12,128.00

Increase: 0511A Appropriated Reserve $12,128.00

For proper accounting related to a stake rack truck of which a portion was to be paid out of reserve funds.

Increase: 5130.2DB Highway Equipment $4,975.00

Increase: 0511DB Appropriated Reserve $4,975.00

For proper accounting related to 2008 Chevrolet truck of which a portion was to be paid out of reserve funds.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Approve trash hauler licenses for Dependable Disposal and Morgan Rubbish Removal:

222-08-021 MOTION BY Mr. Tupper, seconded by Ms. Dickman, to approve issuance of trash hauler licenses to Morgan Rubbish Removal and Dependable Disposal.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Committee Reports:

Mr. Shepard said the Personnel Committee has met with the Operating Engineers and had a productive meeting concerning union negotiations.

Mr. Johnson said the Highway Department has put down the fiber mat in Seneca Knolls and finished the drainage work on Van Ness Road and will complete the seeding this week.

Ms. Dickman said she is pleased one section of the insurance is complete with the switch to HealthNet for the retirees.

Mr. Tupper said they had a Land Use Committee meeting and will look at model outdoor wood burning and property maintenance laws before discussing them at the next meeting.

Ms. Sabin said she attended the last PAC-B Cable committee meeting and they discussed the work being done at their new home on Mechanic Street. She said they have started completing the remodeling that needs to be done. She said they have a great group of committed volunteers on the committee and are looking for more people who are interested in videotaping events. She said she hopes to attend more of their meetings in the future.

Supervisor Comments:

Mr. Sykes said the County DOT has said that if the town wants a weight limit on Jones Road the town will need to establish a truck route. He said the previous administration looked into establishing a truck route and decided that it would move a problem to another area of the town without solving any issues. The County will look into the speed reduction and placement of stop signs.

Mr. Sykes said the Highway Department moved the “no parking anytime” signs for the residents on Idlewood Boulevard and they are now where the residents say they are needed.

Mr. Sykes said the tax certiorari with Cedarwood Apartments has been dismissed, they were asking for a Two Million Dollar reduction in assessment.

Highway Superintendent Comments:

Mr. Parks said they picked up the generator that was donated to the town and poured a cement pad for it at the garage.

Board Comments:

Mr. Sykes said the town is unsure of what cutbacks the State is making with the budget that will affect the town budget. He said because of that he is asking department heads to keep that in mind and that the town budget may be cut.

Citizens Comments:

Mrs. Diane Soutar, Walters Road, complained about the development across the street that includes Action Developers property and the Quaker Steak & Lube Restaurant. She said they have beer bottles in their yard, drunks looking in their windows and noise from traffic, especially motorcycles. She said her children are afraid and she has an autistic child who cannot sleep. She said she wants Mr. Wright to buy her property so they can get out of the home they are in. She said is frustrated with the development and wants help.

Mr. Sykes said he will forward her comments to Mr. Wright and the town will make sure they receive a response to her concerns.

Engineer Comments:

Mr. Hoy said the area in Harbour Heights where a new a drainage pipe had been installed has been graded and seeded and should be ready to mow.

Attorney Comments: None

223-08-000 MOTION BY Mr. Shepard, seconded by Mr. Tupper, to adjourn to the Regular Town Board Meeting on September 2, 2008 at 7:30 pm.

Ms. Sabin - Yes, Mr. Shepard - Yes, Mr. Tupper - Yes, Mr. Johnson - Yes, Ms. Dickman - Yes, Mr. Sykes - Yes

All Ayes - Motion Carried & Adopted

Meeting closed 9:03 pm

Respectfully submitted,

Lynn Precourt

Town Clerk

Dated: 8/22/08