On the agenda: Baldwinsville 10.1.2026_unapproved_meeting_minutes.pdf — Data Center (Oct 1)

A Town Board Meeting was held on October 1, 2026, at Lysander Town Hall, 8220 Loop Road,
Baldwinsville, New York.
MEMBERS PRESENT:
Kevin Rode, Supervisor
Vince Mangan, Councilor
Ed Schmitt, Councilor
Jeffrey Kudarauskas, Councilor
MEMBERS ABSENT: None.
Supervisor Rode called the meeting to order at 6:30 PM with a pledge to the Flag.
OTHERS PRESENT: Dina Falcone, Town Clerk, Al Yager, Town Engineer, David Herkala, Esq.
Highway Superintendent, Carl Magdziuk, Kevin Merrill, Parks and Recreation Director, and several
guests and residents.
During the work session, the Board entered executive session at 6:03 PM on a motion by Councilor
Kudarauskas, seconded by Councilor Schmitt, to discuss information related to the investigation or
prosecution of a criminal offense that, if disclosed, could jeopardize effective law enforcement. Councilor
Mangan was not in attendance. The executive session ended at 6:29 PM on a motion by Councilor
Kudarauskas, seconded by Councilor Schmitt. Councilor Mangan abstained.
-------------------------------------------------------------------------------------------------------------------------ADOPTION OF AUGUST 31, 2026 MINUTES
RES#224/2026
Motion made by Councilor Schmitt seconded by Councilor Kudarauskas to adopt the August 31, 2026 Town
Board meeting minutes.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

ADOPTION OF SEPTEMBER 3, 2026 MINUTES
RES#225/2026
Motion made by Councilor Mangan seconded by Councilor Kudarauskas to adopt the September 3, 2026
Town Board meeting minutes.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
ADOPTION OF SEPTEMBER 15, 2026 MINUTES
RES#226/2026
Motion made by Councilor Mangan seconded by Councilor Kudarauskas to adopt the September 15, 2026
Town Board meeting minutes.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO RE-OPEN THE PUBLIC HEARING TO CONSIDER THE ZONE CHANGE
APPLICATION BY LEO DUGER – 8075 PLAINVILLE ROAD
RES#227/2026
Motion made by Councilor Schmitt seconded by Councilor Mangan to open the public hearing at 6:37 PM
to consider the Zone Change Application of Leo Duger – 8075 Plainville Road.
Supervisor Rode
Councilor Schmitt

Aye
Aye

All ayes, motion carried.

Councilor Kudarauskas Aye

Councilor Mangan

Aye

The public hearing continued with discussion regarding the proposed three-lot subdivision, site plan review, and
the potential need for a Special Use Permit from the Zoning Board of Appeals. It was noted that the Planning
Board had recommended that Mr. Duger proceed with the subdivision. The third parcel would remain
undeveloped and is intended for estate planning purposes.
Mr. Duger explained that the proposed subdivision and zone change are part of his family's long-term succession
and estate planning arrangements. It was further noted that the Town had received all necessary documentation,
recommendations from the applicable boards had been accepted, and the State Environmental Quality Review
(SEQR) process had been completed, with the determination that the proposed action would not result in any
significant adverse environmental impacts. Additional discussion took place regarding the proposed split zoning
of the property and its potential implications.
MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER THE ZONE CHANGE
APPLICATION BY LEO DUGER – 8075 PLAINVILLE ROAD
RES#228/2026
Motion made by Councilor Kudarauskas seconded by Councilor Schmitt to close the public hearing at
6:44 PM regarding the Zone Change Application of Leo Duger – 8075 Plainville Road.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

Hearing all comments, all ayes, motion carried.
MOTION TO OPEN THE PUBLIC HEARING TO CONSIDER
A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT IN GML 3-C
RES#229/2026
Motion made by Councilor Schmitt seconded by Councilor Kudarauskas to open the public hearing to
consider a local law to override the tax levy limit outlined in GML 3-C at 6:45 PM.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
Discussion ensued regarding the State's 2% property tax cap and the additional legal requirements and filing
deadlines associated with exceeding the cap. It was noted that the Town has taken precautionary measures to
authorize an override of the tax cap, if necessary, to provide flexibility during the budget adoption process. This
action does not necessarily indicate that the adopted budget will exceed the tax cap.
MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER
A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT IN GML 3-C
RES#230/2026
Motion made by Councilor Schmitt seconded by Councilor Kudarauskas to close the public hearing to
consider a local law to override the tax levy limit outlined in GML 3-C at 6:46 PM.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Hearing no comments, all ayes, motion carried.

Councilor Mangan

Aye

Citizens Comments
A resident/cemetery caretaker spoke regarding the Jacksonville Rural Cemetery Association. He stated that he
hopes the Town will continue to support their needs in the budget. Supervisor Rode concurred, and advised that
the Town has allocated funds in its 2027 budget. Discussion ensued regarding perpetual care and reporting to
NYS by the cemetery administrators.
Town Board Comments
Councilor Schmitt noted that Canton Woods will be hosting its annual wreath sale, holding new programs, and
they are also an early voting center. He reported on the Data Center Advisory Committee, and stated that the
group discussed fuel usage, energy and environmental impacts.
Department Head Reports
Town Clerk Dina Falcone mentioned that School Tax collection will be held September 8 through November
2. There is a drop-box located outside of the front doors as well.
Kevin Merrill, Parks and Recreation Director, provided an update on upcoming Parks and Recreation
programs and events. He spoke about the Halloween Window Painting event, scheduled for Saturday, October
24, from 10:00 AM to 1:00 PM. The event is limited to 300 participants, and additional information is
available on the Town’s website, including all programs by the Parks and Recreation Department.
Supervisor’s Comments
Supervisor Rode provided an update on the Local Waterfront Revitalization Program (LWRP), noting that 22
projects will be posted on the Town's website for public review and comment. He stated that zoning should be
consistent with the proposed projects.
Supervisor Rode reviewed the upcoming budget work sessions which will be held in the conference room. He
discussed the Highway Fund and noted that the overall tax rate will be addressed on October 15. He indicated that
a significant increase in the General Fund (A Fund) is anticipated to reduce the Town's reliance on fund balance.
He reiterated that the Town continues to operate with limited staffing and noted that the West Phoenix Fire
Protection Agreement has increased by approximately $5,000.
Supervisor Rode announced that a public hearing regarding the Data Center Moratorium will be held on
November 5. The Board discussed the proposed moratorium and expressed unanimous support. Discussion
included data center development practices and associated tax impacts in Loudoun County, Virginia. Supervisor
Rode encouraged residents to visit Loudoun County's website for additional information regarding its approach to
data center development and regulation. Supervisor Rode also reported meeting with local officials regarding the
Canal Corporation and noted that productive discussions were held concerning water management.
Agenda Items
MOTION TO DECLARE TOL BOARD AS
LEAD AGENCY FOR SEQR RE LEO DUGER ZONE CHANGE
RES#231/2026
Motion by Councilor Kudarauskas seconded by Councilor Schmitt to declare the Town of Lysander Board as
the lead agency for SEQR review of the Zone Change Petition received from Leo R. Duger, for the property
located at 8075 Plainville Road, Tax Map Number 034.-01-01.2, currently Neighborhood Residential Business
District/Agricultural to extend the Neighborhood Residential District portion of the property, which the Town
Board has determined with a NEGATIVE declaration and an unlisted action under SEQR.
Supervisor Rode
Councilor Schmitt

Aye
Aye

All ayes, motion carried.

Councilor Kudarauskas Aye

Councilor Mangan

Aye

MOTION TO AUTHORIZE A LOCAL LAW AND ACCEPT THE ZONE CHANGE OF LEO DUGER
RES#232/2026
Motion made by Councilor Kudarauskas seconded by Councilor Schmitt that the Town Board authorize a
local law and accept the Zone Change Petition received from Leo R. Duger, for the property located at 8075
Plainville Road, Tax Map Number 034.-01-01.2, currently Neighborhood Residential Business
District/Agricultural to extend the Neighborhood Residential District portion of the property contingent on the
property owner obtaining the required approvals/permits discussed in the Town of Lysander Planning Board and
Zoning Board of Appeals zone change review resolutions with the exception of not requiring subdivision of the
land to prevent split zoning of the parcels.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO ADOPT A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT IN GML 3-C
RES#233/2026
Motion made by Councilor Mangan seconded by Councilor Kudarauskas to adopt a local law to override the
tax levy limit established in General Municipal Law 3-C for 2027.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO HOLD AND ADVERTISE FOR A
PUBLIC HEARING FOR THE ZONE CHANGE PETITION FROM BRETT MARING
RES#234/2026
Motion by Councilor Mangan seconded by Councilor Kudarauskas that the Town Clerk be authorized to
advertise for a public hearing to be held before the Lysander Town Board at 6:30 PM on Thursday, November 5,
2026 to consider the Zone Change Petition received from Brett Maring, for the property located at 9086 Oswego
Road, Baldwinsville, Tax Map Number 024.- 01-49.1, totaling 30.86 acres, currently in the Agricultural zoning
district to General Business, which the Town Board has determined is a Type 1 action under SEQR which will
require a coordinated review.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO APPROVE THE INTERMUNICIPAL
MS4 AGREEMENT WITH ONONDAGA COUNTY
RES#235/2026
Motion by Councilor Schmitt seconded by Councilor Kudarauskas to approve the Intermunicipal MS4
Agreement with Onondaga County and authorize the Town Supervisor to sign the agreement.
Supervisor Rode
Councilor Schmitt

Aye
Aye

All ayes, motion carried.

Councilor Kudarauskas Aye

Councilor Mangan

Aye

MOTION TO RESCIND RESOLUTION NO. 204
RES#236/2026
Motion by Councilor Mangan seconded by Councilor Schmitt to rescind resolution number 204, from
September 3, 2026 regarding the date for the public hearing for the 2027 Fire Protection Agreement by and
between the Town of Lysander and Enterprise Fire Company No. 1. The public hearing is scheduled for October
15, 2026.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO HOLD AND ADVERTISE FOR A PUBLIC HEARING TO EXTEND THE
MORATORIUM ON DATA CENTERS IN THE TOWN OF LYSANDER
RES#237/2026
Motion by Councilor Kudarauskas seconded by Councilor Mangan that the Town Clerk be authorized to
advertise for a public hearing to be held before the Lysander Town Board at 6:30 PM on Thursday, November 5,
2026 to extend the moratorium on data centers in the Town of Lysander. This moratorium will be extended to
May 9, 2027.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO AUTHORIZE THE TOWN SUPERVISOR TO SIGN THE CONTRACT FOR PAYROLL,
HR AND ONBOARDING SERVICES WITH PAYCHEX
RES#238/2026
Motion made by Councilor Kudarauskas seconded by Councilor Schmitt to authorize the Town
Supervisor to sign the contract for Payroll, HR, and Onboarding services with Paychex at an annual cost not
to exceed $20,000.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO RESCIND RESOLUTION NO. 222
RES#239/2026
Motion by Councilor Schmitt seconded by Councilor Kudarauskas to rescind resolution number 222 from
September 15, 2026, authorizing $82,733 be transferred to the capital projects account to fund the Lysander
Trooper Barracks Interior Renovation Project. This project will now be completed in 2027.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO AUTHORIZE THE TOWN SUPERVISOR TO SIGN THE LICENSE AGREEMENT
WITH MATTHEW ST. ONGE FOR PLACEMENT OF A FENCE
RES#240/2026
Motion by Councilor Mangan seconded by Councilor Schmitt to authorize the Supervisor to sign the License
Agreement with Matthew St. Onge authorizing the placement of a fence in the existing drainage easement on the
property located at 7990 Collington Pointe Way. Tax Parcel ID No.: 073.1-06-10.0.
Supervisor Rode
Councilor Schmitt

Aye
Aye

All ayes, motion carried.

Councilor Kudarauskas Aye

Councilor Mangan

Aye

MOTION TO ACCEPT THE RESIGNATION OF NATE MONICA
RES#241/2026
Motion by Councilor Schmitt seconded by Councilor Mangan to accept the resignation of Nate Monica
effective September 18, 2026.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO APPOINT STEVE McMAHON AS TOWN HISTORIAN
RES#242/2026
Motion by Councilor Mangan seconded by Councilor Schmitt to appoint Steve McMahon as Town Historian
effective 10/1/26. The longtime Town Historian resigned in July 2026.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO APPOINT JOHN LYONS AS TOWN CONSTABLE
RES#243/2026
Motion by Councilor Kudarauskas seconded by Councilor Mangan to appoint John Lyons IV as Town
Constable at the rate of $55/hr, effective September 22, 2026.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO APPOINT JEFFREY FORTINO AS TOWN CONSTABLE
RES#244/2026
Motion by Councilor Kudarauskas seconded by Councilor Schmitt to appoint Jeffrey Fortino as Town
Constable at the rate of $55/hr effective September 22, 2026.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
MOTION TO DECLARE METAL SHELVING FROM TOWN VAULT AS SURPLUS
RES#245/2026
Motion by Councilor Mangan seconded by Councilor Schmitt to declare 24 metal shelving units from the
Town Vault surplus.
Supervisor Rode
Councilor Schmitt

Aye
Aye

Councilor Kudarauskas Aye

Councilor Mangan

Aye

All ayes, motion carried.
ADJOURNMENT
Motion made by Councilor Kudarauskas seconded by Councilor Mangan to adjourn the Town Board meeting
at 7:38 PM.
All ayes, motion carried.
This is a true and complete recording of the action taken at this meeting.
Dina Falcone, Town Clerk