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 January 18, 2011 at 7:30 pm.                                   

 Pledge of Allegiance and Roll Call. Citizens Comments:Mr. Tim Creahan, Ryan Homes, was present to address the Board.  He said he is looking to get a fence waiver to place a fence in an easement at 66 Cross Country Drive.  He said he has completed the license agreement and indemnification paperwork that he was given by the town attorney.  He said the homeowner is also looking for a reduction of the easement from 60’ to 40’.   Mr. Sykes asked how the fence waiver and easement reduction are related. Mr. Hoy said the property is about 150’ deep so the existing 60’ easement takes up almost half of the property. He said the reduction of the easement with the fence waiver would allow the homeowner more use of the property.  He said the original request was for a reduction to 30’ and that was unacceptable.  He said the town needs at least 40’ to work in the easement.   Mr. Creahan said the homeowner would want the fence at least 10’ into the easement.  Mr. Sykes asked how many feet into the amended easement Mr. Creahan was looking to have approved. Mr. Creahan said he would assume they would go with the original 30’ plus an additional 10’ to get the 40’ for the easement.   Mr. Hoy said the fence will need to be removable and cannot go all the way to the ground.  There must be a gap at the bottom of the fence to allow for drainage.  Mr. Brown said the Board should give guidance on how far into the easement they are willing to allow the fence to be built. Mr. Johnson asked Mr. Parks if the area for the fence waiver is acceptable to his department. Mr. Parks said as long as it is removable. Mr. Ceahan said he would ask for an additional five feet, making it a 15’ variance into the easement. Mr. Sykes said this item will be added to the agenda for tonight’s meeting. Approve minutes of the Organizational Meeting:Ms. Sabin said she would like it noted on the salary schedule that the Supervisor’s salary of $30,000.00 is the maximum amount he can earn while drawing NYS Retirement benefits.024-11-000     MOTION BY Mr. Shepard, seconded by Mr. Dudzinski, to approve the Organizational Meeting as amended.Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Abstain, Mr. Sykes – YesMotion Carried & Adopted Approve minutes of the 1/4/11 Regular Town Board meeting:Ms. Sabin had one correction, on page five, it should read, “not more than one family member can work in a department”.025-11-000     MOTION BY Mr. Tupper, seconded by Mr. Johnson, to approve the minutes as amended.Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Abstain, Mr. Sykes – YesMotion Carried & Adopted Consider amendment of easement in Sun Meadows for lots 307-316 to reduce easement from 60’ to 40’ with all costs to be borne by the developer for filings of amendment on town’s and private properties:026-11-015     MOTION BY Ms. Sabin, seconded by Mr. Shepard, to approve the amendment of easement in Sun Meadows for lots 307-316 to reduce the easement from 60’ to 40’ with all costs to be borne by the developer for filings of amendment on town’s and private properties, contingent upon attorney and engineer review and approval.Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – YesMotion Carried & Adopted Consider amendment to Memphis Fire Contract for lump sum payment rather than monthly payment per request from Memphis president:Mr. Dave Evans, Memphis Fire President, was present to address the Board.  He said the bills for 2011 are arriving and some, like insurance, are large enough that it leaves them with little operating cash of they are paid on a monthly basis.  He said once the merger with the Warners Fire Department is complete all their cash and records will be turned over and be accounted. Mr. Sykes said the town offered six months worth of the budget in February and the remainder in June or July unless the merger is complete. 026-11-019     MOTION BY Ms. Sabin, seconded by Mr. Dudzinski, to approve the amendment to the Memphis Fire Contract for a lump sum payment of six months of the expenses that were budgeted by February 15^th with the remainder to be paid in June or when the merger is finalized.Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – YesMotion Carried & Adopted Consider renewal of liquor license for Seneca Golf Course:027-11-055     MOTION BY Mr. Johnson, seconded by Mr. Shepard, 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, andWHEREAS, 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 Seneca Golf Course 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 – YesMotion Carried & Adopted Release of letter of credit for Section 2 of Sun Meadows at $15,000.00:028-11-049     MOTION BY Mr. Tupper, seconded by Mr. Shepard, to release the letter of credit for Section 2 of Sun Meadows at $15,000.00.Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – YesMotion Carried & Adopted Consider fence waiver for 66 Cross Country Drive:029-11-015     MOTION BY Mr. Dudzinski, seconded by Ms. Dickman, to authorize the Supervisor to execute the license agreement and indemnification for the fence waiver, plus any subsequent fence permit for 66 Cross Country Drive contingent upon the review and approval of the Code Enforcement Officer, Highway Superintendent, Town Engineer and Town Attorney.Ms. Sabin – Yes, Mr. Shepard – Yes, Mr. Tupper – Yes, Mr. Dudzinski – Yes, Mr. Johnson – Yes, Ms. Dickman – Yes, Mr. Sykes – YesMotion Carried & Adopted Councilor Committee Reports and Comments:Ms. Dickman said she attended the Memphis Fire Department dinner and congratulated Mr. Evans and Mr. George on their elections as chief and president, respectively. Mr. Johnson said he attended a Parks Committee meeting and they discussed the park in Harbour Heights.  He said this year they will fence in the area, get electrical and water service, a driveway and erect a pavilion. Mr. Dudzinski announced the town has tentatively received a grant for the Erie Canal Trail.  He said the grant will allow the following work to be completed: The canal will be cleared of deadfalls so kayaks and canoes can navigate the canalThe banks will be trimmed of overgrowth along the towpathA restroom will be constructed at the trailhead Mr. Brown said there will also be improved parking and we will try to tie in as much to the larger trail as we can. Highway Superintendent Comments: None Supervisor Comments:Mr. Sykes said it is time again for community development applications.  He said the map of eligible areas has not changed.  He said the deadline is March 3, 2011 and they are giving preference to projects that incorporate green technology.  He asked anyone with ideas for projects to get them to Mr. Hoy. Citizens Comments: None Engineer Comments:Mr. Hoy said the town has the wetland permit for the Maple Road sidewalk project which was the largest hurdle to getting the NYSDOT work permit. Mr. Hoy said he attended training on the new stormwater design manual and has given the Board a memo on the new requirements.  He said the Planning Board will have to take the lead.   Mr. Sykes said the new requirements bring a lot more enforcement and the town may need to hire another Code Enforcement Officer in the future.  He said it may also hinder development. Attorney Comments: None 030-11-000     MOTION BY Mr. Dudzinski, seconded by Mr. Tupper, to adjourn to the next regular Town Board meeting on February 1, 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 – YesMotion Carried & Adopted  Meeting closed 8:10 pm Respectfully submitted,  Lynn PrecourtTown Clerk Dated: 1/20/11