Regular Town Board Meeting of the Van Buren Town Board, held at the Van Buren Town Hall, 7575 Van Buren Road, Baldwinsville, New York on July 19, 2011 at 7:30 pm.

 

Ms. Mary Frances Sabin                      Councilor

Mr. Derek Shepard                              Councilor

Mr. Howard Tupper                             Councilor

Mr. Harold Johnson                              Councilor

Mr. Ronald Dudzinski                           Councilor

Ms. Patricia Dickman                           Councilor

Mr. Claude Sykes                                Supervisor

 

Mr. Brad Hunt                                      Attorney

Mr. Jason Hoy                                     Engineer

Ms. Theresa Golden                             Assessor

Mr. John Virginia                                  Deputy Highway Superintendent

Mrs. Lynn McCormick-Precourt          Town Clerk

 

Pledge of Allegiance and Roll Call.

 

Citizens Comments:

Betty Pendock, 3421 Stiles Road, said she has spoken to Mr. Sykes before about tractor trailers on Stiles Road.  She said she has kept track and there were 37 trucks between April 13^th and June 26^th.  She said she believes they are going to the freezer and River Valley on Farrell Road. 

 

Mr. Sykes said he did ask the Sheriff’s Department for extra patrols and will call again.

 

Ms. Pendock asked if he would send letters to the businesses on Farrell Road to make them aware that the trucks making the deliveries should not be using Stiles Road.

 

Mr. Sykes said that he will mail the letters also.

 

Mr. Moe Baker, 6823 Herman Road, thanked the Board for getting the speed limit reduced to 35mph on Herman Road.  He said he hopes it will help make the road safer.

  

Approve Minutes of the 7/5/2011 Regular Town Board Meeting:

121-11-000     MOTION BY Ms. Sabin, seconded by Mr. Dudzinski, to approve the minutes of the 7/5/11 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

  

7:32 pm Public Hearing  on Local Law No. 3 of 2011 amending Chapter 129 and 145 to expand definitions of litter and rubbish and make it a violation to place rubbish in the public right of way:

122-11-000     MOTION BY Ms. Sabin, seconded by Mr. Dudzinski,  to recess the regular meeting, open the public hearing and waive reading the legal notice published in the Post Standard on July 11, 2011.

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 this local law will define yard waste as rubbish and prohibit it’s placement in a road right of way. 

 

Mr. Sykes asked if there was anyone to speak in favor of this proposed local law.  No one spoke.

 

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

 

123-11-000     MOTION BY Ms. Dickman, seconded by Mr. Shepard, to close the public hearing  at 7:43 pm and open the 7:34 pm public hearing and waive reading the legal notice published in the Post Standard on July 11, 2011.

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

 

7:34 pm Public Hearing on Local Law No. 4 of 2011 amending Chapter 186, Section 44 (speed limits) and Section 50 (stop signs):

Mr. Sykes said these stop signs and speed limits are in the new subdivisions in the town and need to be added to the Town Code Book.

 

Mr. Sykes asked if there was anyone to speak in favor of this proposed local law.  No one spoke.

 

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

 

124-11-000     MOTION Ms. Sabin, seconded by Mr. Tupper, to close the public hearing and resume the regular meeting at 7:44 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

  

Approval of Local Law No. 3 of 2011:

125-11-030     MOTION BY Ms. Dickman, seconded by Mr. Shepard, to approve the following local law:

Section 1.        Chapter 129, § 129-2 of the Code of the Town of Van Buren entitled “Definitions” is hereby amended by deleting the definitions for “Litter” and “Yard Waste” and replacing them with the following definitions: LITTER — Garbage, yard waste, junk and recyclables, as defined herein, and all other waste materials discarded, abandoned or deposited as herein prohibited.  

YARD WASTE — Tree trimmings, brush, or shrubbery trimmings, leaves, grass clippings, trees, brush or shrubbery or portions thereof severed from their roots, or uprooted trees, brush or shrubbery.

 

Section 2.        Subsection A of Chapter 145, § 145-1 of the Code of the Town of Van Buren entitled “Declaration of purpose and application” is hereby amended to read as follows:

 

A.     It is hereby declared to be the policy of the Town to provide for the proper use of land to prevent unhealthy, hazardous, or unsightly conditions due to the accumulation of brush, grass, leaves, rubbish, or weeds in order to protect the public health, safety and general welfare of the residents of this Town.

Section 3.        Subsection B of Chapter 145, § 145-1 of the Code of the Town of Van Buren entitled “Declaration of purpose and application” is hereby amended to read as follows:

 

B.     By this chapter, the Town seeks to remove such threats to health, life and property by requiring owners of land to take remedial action to cut, trim or remove brush, grass, rubbish and/or weeds and to further refrain from placing such items in a public right of way for prevention from being carried away or disrupted by animals and the elements.

 Section 4.        Chapter 145, § 145-2 of the Code of the Town of Van Buren entitled “Definitions” is hereby amended by deleting subpart (6) to subsection A under the definition for “Rubbish” and replacing it with the following definition:  

            RUBBISH

 

A.     Includes the following:

 

(6) Tree trimmings, brush, or shrubbery trimmings, leaves, grass clippings, trees, brush or shrubbery or portions thereof severed from their roots, or uprooted trees, brush or shrubbery.

 Section 5.        Chapter 145, § 145-3 of the Code of the Town of Van Buren entitled “Duty of owner” is hereby amended by renumbering subsections C and D and adding a new subsection C to read as follows:        C.   It shall be a violation of this chapter for the owner of any real property in the Town              of Van Buren or an agent of such owner to place any rubbish in a public right of way. D. Each violation of this chapter shall be punishable by a fine not to exceed $250, imprisonment up to 15 days, or both. Each day's violation shall be considered a new and separate offense subject to a separate penalty. E. The Code Enforcement Officer, or such other title as may be given by the Town Board, is empowered to enforce the provisions of this chapter and to issue and serve appearance tickets and such other process as may be required and/or authorized by these regulations or the Criminal Procedure Law in the course of such enforcement proceedings. Any enforcement action or proceeding may be commenced upon the personal knowledge of the Code Enforcement Officer or upon the sworn statement of another individual. Section 6.        This Local Law is effective upon filing with 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

 

Approval of Local Law No. 4 of 2011:

126-11-030     MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to approve the following local law:

1. Article VII, § 186-50 of the Code of the Town of Van Buren is amended to add as follows:

 Stop Sign on                                 Direction                                 At intersection ofSea Lion Path                                 West                                        Silversides WaySea Lion Path                                 East                                          Waterfront DriveMiguel Lane                                   West                                        Winchell Road 

2.  Article VII, § 186-44 of the Code of the Town of Van Buren is amended to add as follows:

Street Name                                 Speed Limit                            LocationSilversides Way                              30                                            Entire LengthWaterfront Drive                            30                                            Entire LengthDolphin Drive                                 30                                            Entire LengthSand Lance Drive                           30                                            Entire LengthSea Lion Path                                 30                                            Entire LengthSubmarine Course                          30                                            Entire LengthAntonio Way                                  30                                            Entire LengthMiguel Lane                                   30                                            Entire LengthCross Country Drive                       30                                            Entire LengthSun Meadows Way                        30                                            Entire Length 

This Local Law is effective upon filing with 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

  

Accept auditor’s report of Justice Court dated 4/28/11 from Bain Brown and DeLaura CPA’s:

Mr. Sykes said there were no problems with the audit.

127-11-007     MOTION BY Mr. Tupper, seconded by Ms. Sabin, to accept the auditor’s report of the Justice Court dated 4/28/11 from Bain, Brown and DeLaura CPA’s.

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

 

Approve memorandum of Agreement with Local 2660, New York Council 66 of AFSCME to allow sick time and vacation time to be used in one half day increments:

Mr. Sykes said this will benefit both the employees and the town.

128-11-001.1  MOTION BY Ms. Sabin, seconded by Mr. Dudzinski, to approve the memoramdum of agreement with Local 2660, New York Council 66 of AFSCME to allow sick time and vacation time to be used in one half day increments.

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 Local Law No. 5 of 2011 for August 2, 2011 at 7:32 pm to hear comments on amending and supplementing various provisions of Chapter 50 of Town Code (procurement policy) to make Town’s procurement regulations consistent with

State law:

129-11-039     MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to set public hearing for Local Law No. 5 of 2011 for August 2, 2011 at 7:32 pm to hear comments on amending and supplementing various provisions of Chapter 50 of Town Code (Procurement Policy) to make Town’s procurement regulations consistent with State Law.

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 standard workday for Planning Board member for NYS Retirement System purposes:

130-11-038     MOTION BY Mr. Dudzinski, seconded by Mr. Tupper, to approve the following resolution:

For the purposes of monthly reporting for the NYS Retirement System, the standard workday for the position of Planning Board member is six hours per day.  Based on the three month log, Aril through June, of work related activities for Planning Board member Eric Knapp, his monthly service credit is established as .84 days per month.

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 to hear comments on Local Law No. 6 of 2011 amending Chapter 200 (Zoning) to update Table of and Uses by Zoning District to permit additional uses for certain districts for August 2, 2011 at 7:34 pm:

131-11-039     MOTION BY Ms. Sabin, seconded by Mr. Shepard, to set public hearing to hear comments on Law Cal Law No. 6 of 2011 amending Chapter 200 (Zoning) to update Table of and Uses by Zoning District to permit additional uses for certain districts for August 2, 2011 at 7:34 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

 

Approve Assessor’s training:

132-11-027     MOTION BY Ms. Dickman, seconded by Mr. Shepard, to approve Assessor training for 9/11/11-9/14/11 in Buffalo at a cost not to exceed $850.00 plus mileage and 10/28/11 in Auburn at a cost of $85.00 plus mileage.

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 they should start these training sessions a little later on Monday morning so people won’t have to stay Sunday nights at the hotels.  She said it would save all towns money.

 

Acceptance of Independent Auditor’s Reports for the Receiver of Taxes and Town Clerk/Receiver of Taxes for the year 2010:

Mr. Sykes said there were no problems with the audits.

133-11-007     MOTION BY Mr. Shepard, seconded by Mr. Dudzinski, to accept the Independent Auditor’s Reports for the Receiver of Taxes and Town Clerk/Receiver of Taxes for the year 2010.

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

 

Approval of trash hauler license for Superior Waste removal:

134-11-021     MOTION BY Mr. Johnson, seconded by Mr. Dudzinski, to approve issuance of a trash hauler to Superior Waste.

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

 

Approval of liquor license for Buffalo’s:

135-11-055     MOTION BY Mr. Johnson, seconded by Mr. Tupper, to approve the following resolution:

WHEREAS, pursuant to the requirement of the New York State Alcoholic Beverage Control (ABC) Law, an applicant for a license to sell alcoholic beverages at retail, for on-premises consumption, as well as any applicant for renewal of such a license, must notify the Town Clerk of the municipality wherein the premises is located, and

WHEREAS, this notice is given in order that the municipality, if it so desires, may express an opinion for or against the granting of said license or renewal to the ABC Board,

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Van Buren, that with respect to the application submitted by Buffalo’s for a license to sell alcoholic beverages at retail for on premises consumption, the Van Buren Town Board does express a favorable opinion.

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

  

Councilor Committee Reports and Comments:

Ms. Sabin said we are coming up on the one year anniversary of the Verizon FIOS agreement and she will be contacting them to find out where they will be building out the service for year two.  She hopes to have the information at the next meeting.

 

Ms. Sabin said she saw Dependable Disposal picking up trash on State Fair Boulevard this morning and asked they be contacted and reminded that area has only Monday or Thursday pickup.

 

Ms. Dickman complimented Tops on their renovation and said the ribbon cutting is tomorrow at 10:00 am.

 

Ms. Dickman thanked Mr. Virginia and Dave Johnson for their work at the Highway Department.

 

Ms. Dickman said the Baldwinsville Fire Department is having a BBQ on July 24^th.

 

Mr. Dudzinski encouraged people to walk and enjoy the Erie Canal Trail.

 

Mr. Dudzinski asked Mr. Virginia if the Highway employees could do some more grinding work between the trail and water this summer.  He said the people appreciate the work they have done so far.

 

Mr. Virginia said yes, after the paving projects, he will meet Mr. Dudzinski there to see what needs to be done.

 

Supervisor’s Comments:

Mr. Sykes said Olympia Sports will be leasing  space next to Tops in River Mall and it’s nice to see a new store come to town.

 

Mr. Sykes said the town received a letter from County Executive Mahoney commending the efforts of the town and fire departments on the Warners and Memphis Fire Department merger.

 

Highway Superintendent Comments:

Mr. Virginia said the employees have been working hard and doing a good job and he thanked them for all their help.  He said he will be meeting with the Board to discuss a new truck to replace the six wheel dump truck.

 

Citizens Comments: None

 

Engineer Comments:

Mr. Hoy said he is on the committee to create the bylaws for the stormwater coalition under the CNYPRDB and those bylaws should be ready in the next couple meetings for the town to approve.

 

Attorney Comments: None

 

136-11-000     MOTION BY Mr. Tupper, seconded by Ms. Dickman, to adjourn to the next Regular Town Board meeting on August 2, 2011 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 8:10 pm

 

Respectfully submitted,

  

Lynn Precourt

Town Clerk

 

Dated: 7/20/11

     

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