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Welcome to the Town of Van Buren, NY
7575 Van Buren Road, Baldwinsville, NY 13027
Town Board Minutes (05/04/2010)
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 May 4, 2010 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. Brad Hunt
Town Attorney
Mr. Jason Hoy
Town Engineer
Mr. Edward Parks
Highway Superintendent
Mrs. Lynn Precourt
Town Clerk

Pledge of Allegiance and Roll Call.

Mr. Sykes welcomed Mr. Johnson back after surgery.

Citizens Comments:
Mr. Ron Lado, 216 Commane Road West, said he is concerned about any negative effects from the drainage work on Commane Road.  He said they have problems with water on that road now and after the rainstorm today it will take several days for the water to dry.  He said they have issues with their septic systems on the road as well.  He said he understands that this is a benefit for some on the road, but is concerned about the water being directed toward his end of Commane Road and asked what the town will do if there are adverse impacts from the work.  He said he was hoping there would be a map here tonight of the work to be done.

Mr. Sykes said the water will be directed toward an easement on state property.

Mr. Lado said he wouldn’t mind paying higher taxes if it meant they could have a sewer system on Commane Road.

Mr. Sykes said that was investigated a few years ago and the cost was beyond what the State Comptroller would allow.

Mr. Lado asked what the residents on Commane Road West should do if there are any adverse impacts from the drainage work.

Mr. Sykes said it is a natural flow to the river so the stormwater shouldn’t create any problem.

Mr. Edward Barlow, 222 Commane Road West. said he has the same concern.  He said in the Spring there is a lot of water.  He said this Spring hasn’t been too bad, but in a wet season the water backs up to the road.  He said he just had a new leach field installed for his septic system and still you can hear the water gurgling from the high water table.  He said he worries that if more water is directed toward his street there will be worse problems.

Mr. Sykes said the Town Engineer will take a look at that when the design is done.

Mr. Barlow said he would also like to see a map of the drainage improvements.

Mr. Hoy said once the design is done anyone is welcome to come into his office to view the maps.

Approve minutes of the 4/18/10 Regular Town Board meeting:
098-10-000      MOTION BY Ms. Sabin, seconded by Ms. Dickman, to approve the minutes of the 4/18/10 Regular Town Board meeting as published.
Ms. Sabin – Yes, Mr, Shepard – Yes, Mr. Tupper- Yes, Mr. Johnson – Abstain, Mr. Dickman – Yes, Mr. Sykes – Yes
Motion Carried & Adopted

7:32 pm Public Hearing to hear comments on Upland Harbour Heights Improvement Area filing with the State Comptroller’s Office:
        099-10-000      MOTION BY Ms. Sabin, seconded by Ms. Dickman, to recess the regular meeting, open the public hearing and waive reading the legal notice published in the Post Standard.
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 a public hearing was held last Fall and this district was approved.  Once the resolution was mailed to the State Comptroller for approval the town was told if it was filed under a different section of law it would be approved quicker.  

Mr. Hunt said this hearing is being held to create a drainage improvement area rather than a district.  He said the State Comptroller’s Office is currently taking up to a year to approve the creation of new districts and by calling this an improvement area the approval process will take about six weeks.

Mr. Sykes asked if there was anyone to speak in favor of the proposed improvement area.

Mr. Tom Rasbeck, 24 Commane Road, said they have been trying to get the paperwork done for this for a year.  He said they need the problem taken care of and not pushed from one neighbor to another. He said they have a new problem across the street where the group home is being built.  He said there is standing water in one corner of the lot.  

Mr. Hoy said he was there today and there is a low spot that needs to be graded.

Mr. Sykes asked if there was anyone to speak against this proposed improvement area.  No one spoke.

100-10-000      MOTION BY Ms. Dickman, seconded by Mr. Tupper, to close the public hearing and resume the regular meeting at 7:49 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Johnson- Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted

Approve creation of Upland Harbour Heights Improvement Area:
101-10-013      MOTION BY Ms. Sabin, seconded by Mr. Johnson, to approve the following resolution:
WHEREAS, a map, plan and report prepared by Barton & Loguidice, P.C., licensed professional engineers of the State of New York, in such manner and in such detail as required by law, seeking the establishment of a proposed drainage improvement area, to be known and designated as the Upland Harbour Heights Drainage Improvement Area of the Town of Van Buren, has been duly filed in the office of the Town Clerk of the Town of Van Buren, New York, in accordance with the requirements of Article 12-C of the Town Law, and

WHEREAS, the boundaries of the proposed benefited area are set forth in Schedule A, attached hereto and made a part hereof, and

WHEREAS, a resolution was duly adopted by this Town Board on April 20, 2010, reciting the filing of said map, plan and report, the improvements proposed, the boundaries of the proposed improvement area, the proposed method of financing, the fact the map, plan and report describing the same were on file in the Town Clerk’s Office for public inspection, and stating all other matters required by law to be stated, and specifying May 4, 2010 as the date, at 7:32 p.m. on said day as the time, at the Town Hall, 7575 Van Buren Road, Baldwinsville, New York as the place where this Town Board would meet and consider said map, plan and report, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law; and

WHEREAS, such resolution was duly published and posted as required by law; and

WHEREAS, a hearing on said matter was duly held by said Town Board on May 4, 2010 at 7:32 p.m. on said day, in the Town Hall, 7575 Van Buren Road, Baldwinsville, New York, at which all interested persons desiring to be heard were heard, including those in favor of, and those opposed to, the establishment of said Upland Harbour Heights Drainage Improvement Area; now, therefore, upon the evidence adduced at such public hearing, it is hereby

RESOLVED AND DETERMINED:

a.      That this Town Board, as the sole involved agency, hereby finds that the establishment of this improvement area is an unlisted action which will have no significant adverse impacts upon the environment;

b.      That the notice of hearing was published and posted as required by law, and is otherwise sufficient;

c.      That all property and property owners within the proposed improvement area are benefited thereby;

d.      That all property and property owners benefited are included within the limits of the proposed improvement area;

e.      That it is in the public interest to establish said improvement area; and it is hereby further

RESOLVED AND DETERMINED:

That the establishment of the proposed drainage improvement area as set forth in said map, plan and report, be approved, and that there be and hereby is formed and constituted the Upland Harbour Heights Drainage Improvement Area of the Town of Van Buren, which shall be bounded and described as set forth on Schedule A attached hereto and made a part hereof; and it is hereby further

RESOLVED AND DETERMINED, that the costs of formation of this improvement area are to be paid for entirely by the landowners benefited thereby, wholly at their expense, and without cost to the Town of Van Buren, there being no initial capital construction associated with the formation of this improvement area, and it is hereby further,

RESOLVED AND DETERMINED, that the costs of operation and maintenance of said drainage improvement area shall be borne by the properties benefited thereby, said costs to be assessed on a benefit basis, and that the properties in the Upland Harbour Heights Drainage Improvement Area shall pay a proportionate share of the outstanding original capital construction cost for the Upland Harbour Heights Drainage Improvement Area installation, and it is hereby further

RESOLVED AND DETERMINED, that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Resolution in the Office of the Clerk of the County of Onondaga, which is the County in which the said Town of Van Buren is located.  
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

Award wheel loader bid to Five Star Equipment in the amount of $128,500 for model 624K John Deere:
Mr. Sykes said three bids were received and two did not meet the bid specs.

Mr. Parks said the company that had the lowest bid demonstrated the machine but there were several deviations from the bid specs.  He said the bucket was smaller, less horsepower, a dry sleeve engine and outboard brakes.  He said he recommended the John Deere at a cost of $128,500 and that is the machine that met the specs.

Mr. Sykes said the John Deere will also have a higher resale value than the other brands.

102-10-026      MOTION BY Mr. Johnson, seconded by Mr. Tupper, to award the bid for the wheel loader to Five Star Equipment in the amount of $128,500 for model 624K John Deere.
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 May 18, 2010 at 7:32 pm to hear comments on the town adopting the Cold War Veteran’s Exemption:
103-10-039      MOTION BY Mr. Tupper, seconded by Ms. Dickman, to set the public hearing to hear comments on the town adopting the Cold War Veteran’s Exemption on May 18, 2010 at 7:32 pm.

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 May 18, 2010 at 7:35 pm to hear comments on town’s stormwater program:
104-10-039      MOTION BY Ms. Sabin, seconded by Ms. Dickman, to set the public hearing to hear comments on the town’s stormwater program on May 18, 2010 at 7:35 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Johnson- Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted

Designate playgrounds and pool area in Van Buren Parks as “smoke free:
Mr. Sykes said the Parks and Recreation Committee met and discussed this issue after the presentation by the Smoke Free Onondaga County at the last meeting.  He said they determined that the playground area should be smoke free and the pool, which has been smoke free, should be so designated.
105-10-036      MOTION BY Mr. Johnson, seconded Ms. Dickman, to designate the playground and pool area of Van Buren Central Park and Memphis Park as smoke free.
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 May 18, 2010 at 7:38 pm to hear comments on Connors Road zone change:
Mr. Tupper said this zone change would make non conforming lots conforming and extend as far as the water lines that were installed.  He said it will not affect any current uses for any properties, including the golf course.  He said this proposed zone change will affect parcels on Canton Street and Connors Road where there is already a high density of single family homes.
106-10-039      MOTION BY Ms. Sabin, seconded by Ms. Dickman, to set the public hearing to hear comments on Connors Road zone change on May 18, 2010 at 7:38 pm.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Johnson- Yes, Ms. Dickman – Yes, Mr. Sykes – Yes
All Ayes – Motion Carried & Adopted

Councilor Committee Reports and Comments:
Ms. Dickman said the Park and Recreation Department is having a family fun day carnival at the pool in Van Buren Park on June 12th from 10:00 am to 1:00 pm.  She said there will be a bouncy house, face painting, miniature golf and carnival games.

Ms. Dickman said the town will be participating in Memorial Day this year on May 30th at 5:00 pm in the Village of Baldwinsville.  She said the parade route ends at Riverview Cemetery.  She encouraged everyone to attend the moving ceremony there.

Ms. Dickman thanked members of PAC – B for taping and televising the meetings.  She said she knows many people who watch them and thanked them for their hard work.

Ms. Sabin said the Verizon FIOS TV franchise agreement is before the NYS PSC this month and if approved they will be able to offer services in competition with Time Warner.

Ms. Sabin said this Saturday there is a mixed smoker at the Warners Fire Department to help them raise funds.

Highway Superintendent Comments:
Mr. Parks said the new truck has been delivered and the old truck has been taken to the auction in Palmyra.

Ms. Dickman asked Mr. Parks to talk about where and when the auction is this year.

Mr. Parks said the auction is this Saturday in Palmyra and runs all day. He said it is the largest of the Teitsworth auctions and all items for sale are on their website and you can bid for items over the internet.

Mr. Sykes said the loader approved tonight and the truck that was delivered this week were paid for out of equipment reserve funds that were saved specifically for equipment purchases.

Supervisor Comments:
Mr. Sykes said the sales tax agreement was approved by the County Legislature today and the towns were dealt a severe blow.  He said towns are facing a 66% reduction, to $24 Million Dollars the first year and $7 Million Dollars the second year and then will receive no money.  He said Villages will get $4 Million Dollars to split for the first six years and after the sixth year will get half that under a 2nd agreement.  He said schools will receive a 50% decrease in money the first year, $4 Million Dollars the second year and $2 Million Dollars after year six for the duration of the ten year agreement.

Mr. Sykes said he is hoping that the town can get at least one extra year for funding for the drainage projects in Seneca Knolls from the sales tax money next year because after that we will need a new source of funding.

Citizens Comments: None

Engineer Comments: None

Attorney Comments: None

107-10-000      MOTION BY Mr. Johnson, seconded by Ms. Sabin, to adjourn to the next regular meeting on May 18, 2010 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 8:10 pm

Respectfully submitted,


Lynn Precourt

Dated: 5/6/10







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