Regular Town Board Meeting April 5, 2016
Regular Town Board Meeting of the Town Board of the Town of Van Buren, held on April 5, 2016 at 7:30 pm at the Van Buren Town Hall, 7575 Van Buren Road, Baldwinsville, New York.
Present:
Mr. Rick ZaccariaCouncilor
Ms. Darcie LesniakCouncilor
Mr. Howard TupperCouncilor
Mr. Ronald DudzinskiCouncilor
Ms. Patricia DickmanActing Supervisor
Absent:
Mr. Claude Sykes, Supervisor
Ms. Mary Frances Sabin, Councilor
Mr. Kevin GilliganTown Attorney
Mr. Jason HoyEngineer
Mr. Doug FosterHighway Superintendent
Ms. Lynn PrecourtTown Clerk
Pledge of Allegiance and Roll Call.
Citizens Comments: None
Approve minutes of the March 15, 2016 Regular Town Board Meeting:
Mr. Zaccaria had one correction, page 12, the bid opening date for the furnace work at the new Highway Garage should be April 1st, not the 5th.
073-16-000MOTION BY Mr. Zaccaria, seconded by Ms. Lesniak, to approve the minutes of the March 15, 2016 Regular Town Board Meeting as amended.
Mr. Zaccaria – Yes, Ms. Lesniak – Yes, Mr. Tupper – Yes. Mr. Dudzinski – Yes, Ms. Dickman – Yes
Motion Carried & Adopted
Continued public hearing on Proposed Local Law A-2016:
Ms. Dickman said this public hearing was left open because the town had not yet received Onondaga County Planning Board comments at the last meeting.
Ms. Dickman said those comments have been received and they found there to be no adverse impacts from the changes proposed in this local law.
Ms. Dickman asked if there was anyone to speak in favor or against this local law. No one spoke.
074-16-000MOTION BY Mr. Tupper, seconded by Ms. Lesniak, to close the public hearing at 7:39 pm and resume the regular meeting.
Mr. Zaccaria – Yes, Ms. Lesniak – Yes, Mr. Tupper – Yes. Mr. Dudzinski – Yes, Ms. Dickman – Yes
Motion Carried & Adopted
Action on Proposed Local Law A-2016:
075-16-030MOTION BY Mr. Dudzinski, seconded by Mr. Zaccaria, to approve the following resolution:
WHEREAS, pursuant to the provisions of the Municipal Home Rule Law, a proposed local law titled Local Law No. A-2016, “A Local Law Amending Chapter 200 of the Code of the Town of Van Buren titled “Zoning” was presented and introduced at a regular meeting of the Town Board of the Town of Van Buren held on March 1, 2016; and
WHEREAS, a public hearing was held on such proposed local law on the 15th day of March, 2016 and continued until 5th day of April, 2016 by the Town Board of the Town of Van Buren and proof of publication of notice of such public hearing, as required by law, having been submitted and filed, and all persons desiring to be heard in connection with said proposed local law having been heard, and said proposed local law having been in the possession of the members of the Town Board of the Town of Van Buren in its final form in the manner required by Section 20 of the Municipal Home Rule of the State of New York; and
WHEREAS,this proposed local law was referred to the Onondaga County Planning Board, which took no position; and
WHEREAS, pursuant to Section 264 of the New York Town Law, a copy of this proposed local law and the Notice of Public Hearing was sent to the Town Clerks of the Town of Camillus; Town of Geddes; Town of Lysander, Town of Elbridge and to the Village Clerk of the Village of Baldwinsville on March 21, 2016; and
WHEREAS, the enactment of Proposed Local Law No. A-2016 has previously been determined to be a Type I action, an environmental impact statement (EIS) was not be required; and a negative declaration was issued on March 1, 2016 pursuant to SEQRA determining that this action will have no significant effect on the environment thus concluding the SEQR review process; and
WHEREAS, it is in the public interest to enact said Proposed Local Law No. A-2016.
NOW, THEREFORE, it is
RESOLVED AND DETERMNED, that the Town Board of the Town of Van Buren, Onondaga County, New York, does hereby enact proposed Local Law No. A-2016 as Local Law No. 3 as follows:
TOWN OF VAN BUREN
LOCAL LAW 3-2016
A LOCAL LAW AMENDING CHAPTER 200OF
THE CODE OF THE TOWN OF VAN BUREN TITLED “ZONING”
BE IT ENACTED by the Town Board of the Town of Van Buren that this local law amends Chapter 200 of the Code of the Town of Van Buren, as follows:
Section 1. So that Section 200-24, titled “Residential accessory uses”, is amended to add a new subsection “L”, which shall read, in its entirety, as follows:
“L.No trailers, container trailers, car haulers, flat bed trailers, low-boy trailers ( in excess of 12,000 lb carrying capacity) are allowed to be parked or stored in the following Residential Districts: R-10, R-15, R-20, R-40 or in residential portions of a PUD;
Section 2. So that Section 200-49, titled “Waterfront Property Overlay District (WFP)”, subsection E (1) is amended to read, in its entirety, as follows:
“(1)No structures, except for boat launches, boathouses, poles and docks shall be located within the front yard.”
Section 3. So that Section 200-49, titled “Waterfront Property Overlay District (WFP)”, subsection E (2) is amended to read, in its entirety, as follows:
“(2)Fences are allowed within the rear and side yards only. Maximum height of six (6) feet is allowed in the side yard and a maximum height of three and one half (3 and ½ feet is allowed in the rear yard. Fences shall be installed with the “good side” facing adjoining properties.”
Section 4.So that Section 200-49, titled “Waterfront Property Overlay District (WFP)”, subsection E (3) is amended so that it reads, in its entirety, as follows:
“(3)Maximum overall height of any accessory structure shall be twelve (12) feet.”
Section 5.So that Section 200-49, titled “Waterfront Property Overlay District (WFP)” subsection E (4) is amended so that it reads, in its entirety, as follows:
“(4)Structures located within the rear yard shall have a setback of not less than fifteen (15) feet from the street side property line. This includes garages, sheds, pools and fences.”
Section 6.So that Section 200-52, titled “Definitions” is amended to add a new definition, as follows:
“Digital Sign – A sign that can be electronically changed either by changeable copy or images/display.”
Section 7.So that Section 200-55 titled “Prohibited signs” is amended so that subsection C shall read, in its entirety, as follows:
“C.Moving and flashing signs which flash or blink, revolve, rotate, swing,
undulate or otherwise attract attention through movement or flashing parts or
through the impression of movement or flashing, not to include residential
holiday lighting.”
Section 8.So that Section 200-59 titled “Sign types, requirements and sizes allowed in specific zoning districts” is amended to add a new subsection “N”, which shall read, in its entirety, as follows:
N.Digital Signs –
(1)Allowed in Business and Industrial Districts only (LB, GB, IND-A, PCD, IN-P).
(2)Requires special use permit, with special attention to illumination intensity and changeable copy/display frequency. See Section 200-27D.
Section 9.So that Section 200-79 B (3) titled “Site Plan Review” is amended to read, in its entirety, as follows:
“(3)Applicability: With the exception of one and two family dwellings, site plan approval by the Joint Zoning Board of Appeals/Planning Board is required for uses so indicated in the Table of Land Uses (Section 200-21) and/or as otherwise required under this chapter.”
Section 10.So that Section 200-27 titled “Standards for particular special permit uses” is amended to add a new subsection “D”, as follows:
“D.Digital Signs
(1)Copy Change and Prohibition of Animation and Sound
(a)Digital Signs shall be permitted to have changeable copy messages and images subject to the restrictions set forth in this subsection.
(b)No animation, however, shall be allowed on any Digital Sign.
(c)All structures supporting Digital Signs shall be fixed in position; none shall rotate or otherwise change position.
(d)No audio or sound producing devices shall be installed with any Digital Sign.
(2)Duration of Image/Message
(a)The minimum hold time of any message or image shall be fifteen (15) minutes.
(b)Each Digital Sign shall have a mechanism whereby sign is shut down or the image remains static in case of malfunctioning.
Transition from one Image/Message to the Next.
The transition from one message or image to the next on a Digital Sign shall not be greater than one (1) second.
(3)Prohibition on Flashing, Scrolling, and other Sudden and Intense Changes.
No Digital Sign shall exhibit messages or images that flash with rapid changes of light or color, have scrolling features, such as moving text, have rippling effects, or project other sudden and intense changes. The transition from image to image shall be smooth and non-distracting.
(4)Brightness and Background Ambient Light
(a)In concert with recommendations of the Federal Highway Administration brightness of light emitting sign faces shall be adjusted in response to changes in light levels so that the signs are not unreasonably bright, for the safety of the motoring public. Control of brightness shall also be required so that the signs are not obtrusive with respect to their surroundings.
(b)No light emitting sign face of a Digital Sign at any time during daylight hours shall exceed a maximum brightness of 7500 NITs (one NIT being equal to one cd/m2) as measured from the brightest part of the sign face.
(c)At no time from dusk to dawn shall maximum brightness as measured from the brightest part of the sign face exceed 500 NITs.
(d)If during the review of any application for a Digital Sign, reasonable, information is presented to show that sign copy would be effectively legible with lower maximum brightness outputs, then correspondingly lower limits may be applied to the sign under review. Specific positioning and back-drop factors may be considered in the lowering of the maximum brightness allowances.
(e)Further, within two months of the installation of any Digital Sign the maximum brightness limits may be lowered for individual sign faces, if on-site inspection by duly-authorized Town Codes officials shows the operating brightness levels to be excessive for effective legibility of sign copy. In such cases the respective Administrative Permits shall be adjusted through action of the Code Enforcement Office.
(f)In making determinations with respect to illumination and brightness, the Codes Enforcement Officer and/or the Town’s Joint Zoning Board of Appeals/Planning Board shall have the authority to retain the services of appropriate consultants and charge the cost thereof to the applicant or owner of the digital sign.
(5)Photo-Electric Sensors
(a)In order to control the brightness of messages and images on Digital Signs all installations shall be equipped with photo-cell light detectors which measure the ambient light conditions and relay that information to appropriate control devices regulating the brightness of the sign faces.
(b)Under darkened ambient light conditions the light detector shall correspondingly trigger the projected brightness of the sign faces to dim to a level no more necessary than to allow effective legibility of sign copy.
(c)The Town through its code officer shall have the authority to have the light sensors inspected where questions of malfunctions arise.
(6)Image and Brightness Change Logs
In approving any light emitting Digital Sign the Joint Town Zoning and Planning Board may consider having the sign operators maintain logs of the changes in ambient light and the corresponding responses in the projected brightness of the sign faces. Such logs must be made available to the Town with respect to questions of malfunctions and irregularities. The length of time the logs shall be maintained will be no longer than three months after the commissioning for full operation.”
Section 11.
So that Section 200-21 titled “Table of Land Uses by Zoning District” is corrected to change all references to “CP” so that they will read “PCD”.
Section 12.
This Local Law shall take effect upon its filing with the New York Secretary of State.
Roll Call Votes: Mr. Zaccaria – Yes, Ms. Lesniak – Yes, Mr. Tupper – Yes. Mr. Dudzinski – Yes, Ms. Dickman – Yes
Motion Carried & Adopted
Receive bids for furnace work for domestic part of Highway Garage at 3417 Walters Road:
Mr. Hoy said three bids were received ranging from $18,464 and $33,490. Mr. Hoy said he spoke with the low bidder, Klein Heating & Cooling and they included prevailing wage and can get the work done at the price quoted.
076-16-054MOTION BY Ms. Lesniak, seconded by Mr. Dudzinski, to receive the furnace work for domestic part of Highway Garage at 3417 Walters Road.
Mr. Zaccaria – Yes, Ms. Lesniak – Yes, Mr. Tupper – Yes. Mr. Dudzinski – Yes, Ms. Dickman – Yes
Motion Carried & Adopted
Award bid for furnace work for domestic part of Highway Garage at 3417 Walters Road:
077-16-054MOTION BY Mr. Dudzinski, seconded by Mr. Tupper, to award the bid for the furnace work for domestic part of Highway Garage at 3417 Walters Road to Klein Heating & Cooling in the amount of $18,464.00.
Mr. Zaccaria – Yes, Ms. Lesniak – Yes, Mr. Tupper – Yes. Mr. Dudzinski – Yes, Ms. Dickman – Yes
Motion Carried & Adopted
Authorize Engineer to attend Flood Plain Management Training May 10, 2016 in Cooperstown:
078-16-027MOTION BY Mr. Zaccaria, seconded by Mr. Dudzinski, to authorize the Engineer to attend Flood Plain Management Training on May 10, 2016 in Cooperstown.
Mr. Zaccaria – Yes, Ms. Lesniak – Yes, Mr. Tupper – Yes. Mr. Dudzinski – Yes, Ms. Dickman – Yes
Motion Carried & Adopted
Authorize Melissa MacConaghy to assist the Justice Court as needed due to retirement:
Ms. Dickman said the full time court clerk is retiring this month and this is necessary to help cover the court hours.
079-16-038MOTION BY Ms. Lesniak, seconded by Mr. Zaccaria, to authorize Melissa MacConaghy to assist the Justice Court as needed due to retirement.
Mr. Zaccaria – Yes, Ms. Lesniak – Yes, Mr. Tupper – Yes. Mr. Dudzinski – Yes, Ms. Dickman – Yes
Motion Carried & Adopted
Approval of Memorandum of Lease for Sun Edison and TP-584 and authorize the Deputy Supervisor to execute the documents:
Mr. Gilligan said this is related to the One Energy Lease the Board approved last summer to install solar panels on part of the town’s closed landfill property. One Energy has assigned the lease to Sun Edison and this is standard procedure to put this lease on record at the County Courthouse.
080-16-048MOTION BY Mr. Zaccaria, seconded by Mr. Dudzinski, to approve the Memorandum of Lease for Sun Edison and TP-584 and authorize the Deputy Supervisor to execute the documents.
Mr. Zaccaria – Yes, Ms. Lesniak – Yes, Mr. Tupper – Yes. Mr. Dudzinski – Yes, Ms. Dickman – Yes
Motion Carried & Adopted
Authorize Engineer to solicit bids for Henderson Boulevard Community Development project:
Mr. Hoy said we are getting close to construction, but, need to have a survey done of the 25 foot easement that the golf course has granted to the town.
081-16-054MOTION BY Mr. Dudzinski, seconded by Ms. Lesniak, to authorize the Engineer to solicit bids for the Henderson Boulevard Community Development project.
Mr. Zaccaria – Yes, Ms. Lesniak – Yes, Mr. Tupper – Yes. Mr. Dudzinski – Yes, Ms. Dickman – Yes
Motion Carried & Adopted
Authorize Highway Superintendent to purchase 2017 Western Star Truck Chassis and Plow Equipment off Onondaga County Contract:
Mr. Foster said the purchase of this truck will allow the department to sell one truck that can only be used to haul aggregate and will allow the department a backup plow truck should it be needed during the winter.
Ms. Dickman said the town will be paying for this truck out of reserve funds.
082-16-026MOTION BY Ms. Dickman, seconded by Mr. Zaccaria, to approve the following resolution:
WHEREAS, the Town Board of the Town of Van Buren is desirous of expending moneys from the Highway Capital Reserve Fund of the Town of Van Buren for the purchase of an 2017 Western Star Chassis and Plow Equipment,
WHEREAS, the expenditure of up to an estimated $207,254.00for said purchase shall be paid for with Highway Capital Reserve Funds;
NOW, THEREFORE., BE IT RESOLVED, that the Town Board of the Town of Van Buren, its agents or employees, are authorized to purchase one 2017 Western Star Chassis with plow Equipment using funds from the Highway Capital Reserve Fund from Tracey Road Equipment, Onondaga County Bid Contract Number 7823,
BE IT FUTHER RESOLVED, that pursuant to Section 90 of Town Law that within ten days from the date of this resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the resolution, shall contain an abstract of said resolution concisely setting forth the purpose and effect thereof, shall specify that this resolution was adopted subject to permissive referendum; and shall publish such notice in The Messenger a newspaper published in Onondaga County having a general circulation in the Town of Van Buren and in addition thereto that the Town Clerk shall post on the signboard of the Town of Van Buren, a copy of such notice within ten days after the date of adoption.
Roll Call Votes: Mr. Zaccaria – Yes, Ms. Lesniak – Yes, Mr. Tupper – Yes. Mr. Dudzinski – Yes, Ms. Dickman – Yes
Motion Carried & Adopted
Councilor Committee Reports and Comments:
Mr. Tupper said he and the Town Historian put up an historical poster at the trailhead of the Erie Canal Trail in Memphis.
Mr. Tupper scheduled a Public Safety meeting on April 20, 2016 at 6:00 pm at the Town Hall. He said fire department representatives will be there and they will discuss what, if any, help the town can give to them.
Mr. Tupper said the Canton Woods Board of Directors meeting is April 7th at 7:45 am at Canton Woods Senior Center. He said the meetings are open to the public.
Highway Superintendent Comments: None
Supervisor Comments:
Ms. Dickman asked Mr. Hoy and Mr. Foster to give an update on the Hoag Road bridge closure.
Mr. Hoy said he, Mr. Foster and the Town Supervisor visited the site after the last Town Board meeting and spoke with a couple neighbors. He said they looked at the bridge conditions and talked about ideas to avoid emergency response confusion and whether changing the name of one side of the road could accomplish that.
Mr. Hoy said Mr. Sykes contacted the Sheriff’s Office and said they can use the right of way on Hoag Road for speed enforcement which was one of the issues brought up at the last meeting.
Mr. Foster met with the Fire Chiefs and discussed the closure and contacted the 911 Center again to make sure everyone has the information they need to respond to emergencies.
Mr. Foster said he discussed the possibility of allowing foot traffic over the bridge, but, at this time, he is not comfortable with allowing it. He said it may open the town up to liability we are not ready to take on.