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 September 20, 2011 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 Councilor
Mr. Claude Sykes Supervisor
Mr. Jeff Brown Attorney
Mr. Jason Hoy Engineer
Ms. Theresa Golden Assessor
Mr. Joseph Saraceni Mayor, Village of Baldwinsville
Mrs. Lynn McCormick-Precourt Town Clerk
Pledge of Allegiance and Roll Call.
Citizens Comments:
Betty Pendock, Stiles Road, said after she came to the meeting and complained about the truck traffic on Stiles Road it did decrease, but now the trucks are still using the road. She said she contacted the Sheriff’s Department and they told her that they cannot patrol the area and wait for the trucks, they do not have the manpower for that. She said she spoke with the Police Chief in Geddes who told her once they are on Farrell Road he can ticket them, but he said the signage on Stiles Road should be changed to reflect a lower axle weight limit so tickets can be issued. She said the Onondaga County DOT won’t put up new signs unless the town creates a truck route.
Mr. Sykes said he would look into it and thanked her for the information.
Approve minutes of the 9/6/11 Regular Town Board Meeting:
Ms. Sabin said she wanted to clarify the new uses allowed after passing Local Law No. 6 of 2011 at the last meeting are strictly for the property owner and does not stay with the property if it is sold.
Mr. Brown said it does stay with the property unless there is a change in the use, if someone sells the property to someone who intends to the do the same thing as the person who owned it before them, they can do so.
166-11-000 MOTION BY Mr. Dudzinski, seconded by Ms. Sabin, to approve the minutes of the 9/6/11 Regular Town Board Meeting as published.
Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Abstain, Mr. Sykes – Yes
Motion Carried & Adopted
7:32 pm Public Hearing on Local Law No. 7 of 2011 regarding livestock control:
167-11-000 MOTION BY Mr. Dudzinski, seconded by Mr. Tupper, to recess the regular meeting, open the public hearing and waive reading the legal notice published in the Post Standard on 9/10/11.
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 after speaking with Skip Jensen from the Onondaga County Farm Bureau and Robert Somers from the NYS Department of Agriculture and Markets, the law has been changed to reflect that livestock may be moved across roads to new pastures and that many farmers lease land for pastures and are not necessarily the owners of that land.
Mr. Sykes said this law is not aimed at responsible farmers or livestock owners, but rather has come about because of one horse owner in particular who allows his horses to roam free along Peck Road. He said these horses have done extensive and expensive damage to the neighbor’s yard and there are no laws on the books to prevent it or allow the town to issue a ticket to the horse owner.
Mr. Sykes said this law will only apply to persistent problem owners and not the occasional incident.
Mr. Sykes asked if there was anyone to speak in favor of this local law.
Mr. Pete Turschner, 6910 Peck Road, said it is his property that is being damaged by the horses of his neighbor and it has escalated into personal problems and they are in the process of moving. He said he is not against the farmers or the animals, the damage is costly and it is not a reasonable situation. He said if someone hits one of the horses on Peck Road they will likely be killed in the accident.
Mr. Sykes asked if there was anyone to speak against this local law.
Mr. Brian Reeves, Chairman of the Farmland Protection Board, thanked the Board for making the changes to allow livestock to cross roads and include leased or rented lands. He asked whether livestock owners would be held responsible if trespassers allowed livestock out.
Mr. Brown said the definition of owner of livestock is designed to make sure trespassers are responsible.
Mr. John Scholten, East Sorrell Hill Road, said occasionally his cattle have gotten out and asked if he would be responsible under this new law.
Mr. Sykes said you already are responsible, but the key to this law is reasonableness. He said responsible owners will get their livestock back and not create the problems like the one we have now that has precipitated this law.
Mrs. Sharon Slate, 7599 West Sorrell Hill Road, said she is the regional representative for this area to the NYS Horse Council and a citizen of this town. She said most people take pride in their animals and the way they care for them and keep them safe, but she said they do sometimes get away. She said this sounds to her like a neighbor dispute. She said if her horses were to get out and do damage she would take care of the damage. She said rather than put another layer of government on everyone, the majority of which are responsible, maybe this could be resolved in a civil court. She asked the Board to consider the possibility of dealing with the person creating the problem rather than adding another layer of laws.
Mr. Sykes said town officials and law enforcement officials have spoken with this particular individual and he is not reasonable. He said most of the time this is how laws come about, because of a particular problem that needs to be dealt with.
Mr. Gary Slate, 7599 West Sorrell Hill Road, asked if the SPCA has been called about the animals.
Mr. Turschner said yes, he has called every agency he can think of and the SPCA did come out and investigate and the horses have food and water. He said he is not saying they are not well cared for, they are in good shape and do not look malnourished, but they do roam free and cause damage on his property and that’s that he would like to see stop.
Mr. Slate said he agreed that something needs to be done, but if it is just one person creating the problem, do we need a law for everyone else.
Mr. Sykes said the town is not going to go looking for problems where there aren’t any, but for someone being persistently irresponsible the town needs this law to deal with them.
Mr. Doug Trew, Gunbarrel Road, said he has a copy of a letter from the NYS Department of Agriculture and Markets, that states there is already a guideline and asked why that can’t be enforced.
Mr. Sykes said law enforcement cannot enforce a guideline and that’s why we need this local law.
Mr. Trew said he agreed with Mrs. Slate, that perhaps this should be dealt with in a civil court.
Mr. Sykes said Mr. Turschner should not have to go to the expense of hiring an attorney and go to court to prevent property damage because the town doesn’t have a law to prevent this type of damage.
Mr. Trew said this is just laws upon laws and more big brother.
168-11-000 MOTION BY Ms. Dickman, seconded by Mr. Dudzinski, to close the public hearing and resume the regular meeting at 8:15 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 trash haulers license for White Glove:
Mrs. Precourt said the town is still waiting on insurance certificates.
Assessor’s Report:
Ms. Golden said the renewals for senior, enhanced star and disability exemptions have been mailed. Agricultural, firefighters and non profit exemptions are being processed for mailing in December.
Ms. Golden said the deadline for Special District changes prior to 2012 billing is October 10th and the town has created six new districts for next year.
Ms. Golden said the Town of Van Buren received no small claims filings and two certiorari filings for 2011. She said the 2007 Dancing Bear litigation has been dismissed.
Ms. Golden said sales occurring between July 1, 2010 and June 30, 2011 have been reviewed and sales analysis will be reviewed by neighborhood and town wide for 2012 LOA’s.
Ms. Golden said spring 2011 permits will be reviewed starting in September and fall 2011 permits will be reviewed prior to March 1st.
Ms. Golden said the NYSAA Annual Seminar was very informative. Sessions attended included: General Session by ORPTS, Practical PR, Property Value Implications of Consolidation and Telecommunications.
Ms. Golden said seminar updates included: ORPTS new web page is located at www.tax.ny.gov starting October 12th and ORPTS is also considering changes to the number of continuing education credits required each year, 24 lowered to 12.
Action on adoption of Local Law No. 7 of 2011:
Mr. Sykes said he agrees we do not need law upon law, but this law is necessary to be enforced.
Mr. Tupper said sometimes even if there is a state law we need to pass a law at the local level to address specific needs. He said this will not effect those already acting responsibly.
Mrs. Slate asked if this will be interpreted differently by a different Town Board.
Mr. Sykes said the Board does not interpret laws, that will be up to the court.
Mr. Tupper said a future Board can change or repeal this law if they think it is necessary.
169-11-030 MOTION BY Ms. Sabin, seconded by Mr. Dudzinski, to adopt the following local law:
Section 1. New Article IV to Chapter 86 of the Code of the Town of Van Buren is added to read as follows:
§ 86-18. Purpose and intent of article.
The purpose and intent of this article shall be to preserve the public peace and the good order in the Town of Van Buren and to contribute to the public welfare and the preservation and protection of the property and the inhabitants of the Town by declaring and enforcing certain regulations and restrictions on the activities of livestock and owners of livestock within the Town.
§ 86-19. Definitions.
AT LARGE
Any livestock that is off the property or premises of its owner as defined herein and not under the control or restraint of a competent person. Livestock shall not be deemed at large for purposes of this article if legally crossing streets, roads or lanes under sufficient control or restraint of a competent person.
HARBOR
To provide food or shelter to any livestock.
LIVESTOCK
Cattle, sheep, swine, goats, horses or any other animals of the bovine, ovine, porcine, lagomorph, caprine, or equine species, as well as poultry, ratites, and cervine, that are privately owned and raised for breeding stock, food, fiber, and other products.
OWNER
Any person owning, renting, leasing, keeping, boarding, exercising dominion and control over or harboring livestock within the Town of Van Buren. A third party who causes livestock to be at large as defined herein or otherwise causes a violation of this article arising from said third party’s theft, vandalism, intentional misconduct, criminal act or reckless or negligent act or omission shall be deemed the owner of said livestock for the limited purpose of enforcing this article and shall be responsible and liable for any and all penalties arising from violations of this article.
§ 86-20. Enclosures for Livestock.
Owners of livestock shall confine such livestock within an adequate fence or enclosure, or within a house, garage, barn, coop or other building of sufficient height and construction to prevent the livestock from leaving the owner’s property or shall keep such livestock confined by leash or chain affixed to the livestock’s collar and under the control of a person, and adequate to prevent any livestock from being at large.
§ 86-21. Restrictions.
It shall be unlawful for the Owner of any livestock to permit or allow such livestock in the Town of Van Buren to:
A. Be at large or to be pastured or herded in or upon any of the streets, roads, lanes or public places within the Town of Van Buren or to be otherwise noncompliant with § 86-20, Article IV, Chapter 86 of the Code of the Town of Van Buren.
B. Be at large or to be pastured or herded in or upon any private property within the Town of Van Buren that is not owned, leased or rented by the owner such livestock.
C. Cause damage or destruction to public or private property, or commit a nuisance by defecating or urinating upon the premises of a person (other than the owner of such livestock) or upon public property.
D. Chase or otherwise harass any person or other animals in such manner as reasonably to cause intimidation or to put such person or other animals in reasonable apprehension of bodily harm or injury.
E. Disturb, scatter or rummage through rubbish and rubbish containers in any neighborhood.
§ 86-22. Complaint
Any person who observes livestock in violation of this article may file a complaint under oath with the Code Enforcement Officer or any law enforcement agency specifying the nature of the violation, the date thereof, a description of the livestock and the name and residence, if known, of the owner of such livestock. Such complaint may serve as the basis for enforcing the provisions of this article.
§ 86-23. Enforcement.
The Code Enforcement Officer, or such other title as may be given by the Town Board, or any law enforcement agency, is empowered to enforce the provisions of this article 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. All appearance tickets issued hereunder shall be returnable in the Town Court of the Town of Van Buren.
§ 86-24. Penalties for offenses.
A. Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a fine of $250 and/or imprisonment for a period not to exceed 15 days for a conviction of a first offense; for a conviction of a second offense, punishable by a fine of $500 and/or imprisonment for a period not to exceed 15 days; and for a conviction of a third or subsequent offense, punishable by a fine of $750 and/or imprisonment for a period not to exceed 15 days. Each day of continuance of an offense shall be considered a separate offense. The penalties under this subdivision may be waived for extenuating circumstances, including but not limited livestock becoming at large due to damage or destruction to an owner’s enclosure as described in § 86-20 of this article resulting from falling trees, floods, damaging winds or similar acts of nature.
B. Any person violating any of the provisions of this article shall become liable to the Town for any expenses, loss or damage occasioned by the Town by reason of such violation, including but not limited to costs of cleanup, necessary repairs to Town property, and/or any other costs incurred by the Town in the enforcement of this provision. Upon filing of a verified statement by the Code Enforcement Officer regarding said costs/expenses with the Town Clerk, such amount shall constitute a lien against the property of the person in violation of this article and the same shall be added to the next assessment roll of general town taxes and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as the general town tax and as a part thereof. In addition thereto, interest shall run thereon from the date of filing the verified statement to the date of actual payment at the same rates as taxes and shall be collected and enforced by the same officer and in the same manner as Town taxes.
C. Furthermore, the court may order restitution be paid to any person for the actual out-of-pocket loss arising from or caused by violation of this article. The court shall fix the amount thereof, the manner of performance, specifically state the date when restitution is to be paid in full.
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
Budget Transfers per Comptroller’s memo:
170-11-007 MOTION BY Mr. Dudzinski, seconded by Mr. Johnson, to approve the following budget transfers:
DB.5010.0443-, Training,-mandated training from PESH that was not included in the adopted budget
A.1420.0430, Attorney, (non-retainer)-payment for writing a grant (Trails) caused the over-budget.
A.1621.0401 Shared Services (office supplies) Town is buying supplies for and charged to shared services while the budget was set for supplies to be charged to the various departments
A.1621.0400 Time Warner telephone cost averages $450 per month and was being charged to a different account
A.1680.0413, Web Page-Town had to pay one additional month than planned when transitioning to new web page
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 reduction in letter of credit for Sun Meadows Section 4:
Mr. Hoy said the amount was previously set at $205,000.00 and since that time asphalt and base have been completed on roads. He said he inspected the area and suggested a letter of credit in the amount of $77,000.00 for the remaining punch list items in Section Three and Four.
171-11-049 MOTION BY Mr. Dudzinski, seconded by Mr. Tupper, to approve a reduction in the letter of credit for Sun Meadows Section Four to $77,000.00.
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
Accept bids for Maple Road Community Development Project:
Mr. Hoy said there was one bid, Kevin Bruno, Inc, in the amount of $83,787.80 and that is within 5% of the engineer’s estimate. He said if accepted and approved, there will be a preconstruction meeting on Thursday and the project will be completed this Fall.
172-11-023 MOTION BY Ms. Sabin, seconded by Mr. Dudzinski, to accept the bid for the Maple Road Community Development Project.
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 award of sidewalk bid contingent upon Community Development approval:
173-11-023 MOTION BY Ms. Dickman, seconded by Ms. Sabin, to award the bid for the Maple Road Community Development Project to Kevin Bruno, Inc in the amount of $83,787.80.
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 bid for used Highway 1995 Ford F350 truck:
Mr. Sykes said there was one bid from David Hearn, Auburn, New York, in the amount of $2,751.00.
174-11-026 MOTION BY Ms. Sabin, seconded by Mr. Tupper, to accept the bid for the Highway Ford F350 truck.
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 truck bid to David Hearn, Auburn, New York, $2,751.00:
175-11-026 MOTION BY Ms. Dickman, seconded by Mr. Johnson, to award the bid for the Highway Ford F350 truck to David Hearn, Auburn, New York, in the amount of $2,751.00.
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
Approval for Moose Lodge liquor license:
176-11-055 MOTION BY Mr. Johnson, seconded by Ms. Dickman, 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 Baldwinsville Moose Lodge 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. Dickman thanked the Baldwinsville Grange for inviting the Board to their 100th Anniversary and congratulated them on the milestone.
Supervisor Comments: None
Highway Superintendent Comments: None
Citizens Comments: None
Engineer Comments: None
Attorney Comments: None
177-11-000 MOTION BY Ms. Dickman, seconded by Mr. Tupper, to adjourn to the next Regular Town Board meeting on October 4, 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 8:42 pm
Respectfully submitted,
Lynn Precourt
Town Clerk
Dated: 9/21/11
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