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HomeMy WebLinkAbout2000-09-11 9 I 1 1 �� ilk1ji 1 ' I F Il i 01 !11 id1 ; ( li 1239 1 Public Hearing Noise Ordinance September 11 , 2000 TOWN OF DANBY PUBLIC HEARING MINUTES - PROPOSED NOISE ORDINANCE SEPTEMBER 11 , 2000 7 : 00 P. M. PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona- Lacey ® Others Present: Carol W . Sczepanski , Town Clerk Susan Beeners, Code Enforcement Officer Frank Proto , County Representative Dan Higgins, Ithaca Journal Reporter Peter Meskill , Tompkins County Sheriff Members of the Public : Susan Howe, Laurene Gilbert, Lorreen & John Galt, D . Paucke, Don Barnes, Don Schaad, Bob Roe , Ross & Elaine Cortright, Ames Brown, Linda Hansen , Don & Jackie Fenton, Bernie & Janet Clark , Carl Seamon, Mellora Heath , Deborah & William Fitzpatrick, Audrey Walz, Colleen Fields , Karl Logan, Wayne Woodward, Pamela & George Arsenault, Jim & Kathy Holley, Ted Lazcano , Eloise Green, Eileen Wright, Kevin Cain, Robert & Nancie McBride, Genevieve Sanford , Robert & Gunille Lieberman, Rick Dobson, Roy & Mary Casterline , Shirley & Raymond Howland , Howard Steiner, Linda Dorn, Robert & Faith Chase , JoAnn Palmer, Ric Dietrich, Esther Dotson, Pat Woodworth , Marty Sternstein, Don Shaaf, Verna Little , Jim Hovanec , Valerie & Dale Burgess, Walt Sczepanski , and others . Public Hearing Declared Open : Supervisor Inman declared the public hearing open at 7 : 07 p . m . and read the following notice of publication: "PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Danby on Monday, September 11 , 2000 at 1830 Danby Road, Ithaca, New York at 7 : 00 p . m . to hear public comment on a proposed Noise Ordinance for the Town of Danby . Copies of the proposed ordinance may be viewed at the Town Clerk ' s Office during regular office hours, Tuesday - Friday from 9 : 00 a. m . - 4 : 00 p . m . and Saturdays 9 : 00 a . m . to Noon . All interested persons will be heard either in person or in writing . A regular meeting of the Town Board will follow the public hearing . By Order of the Town Board Carol W . Sczepanski , Town Clerk Dated August 28 , 2000 " Supervisor Inman introduced Ted Jones, a member of the Noise Ordinance Committee . Mr. Jones addressed the Board and public with background information used in preparation for the proposed • noise ordinance . They addressed specific issues that have been raised by concerned residents . The proposed ordinance is to be used as a tool by law enforcement and the judicial system . Research was done on noise ordinance laws in other areas and most were very much the same . The City of Ithaca Ordinance and other drafts were used as a template for drafting the proposed ordinance for the Town of Danby . Mr. Jones reported that the committee looked at Cincinnati , Ohio , Indianapolis , Indiana,Memwell , Park, California, City of Ithaca and the Town of Ithaca Councilperson Strichartz reported that the Draft Noise Ordinance presented tonight omitted agricultural uses are exempt . It is a mistake from the attorney and will be amended . Members of the Public : Linda Hansen - 1870 Danby Road - concerned that this is too in depth for Danby and there is no definition of unreasonable noise . 1240 2 Public Hearing Noise Ordinance September I I , 2000 Raymond Mayo - Ridgecrest Road - he is a competition shooter and frequently does a little target shooting on his property and to his knowledge no neighbors have issued a complaint. John Galt - Gunderman Road - laws already on the books against disturbing the peace , disorderly conduct and public intoxication . we do not need additional code in Danby . Carl Logan - from Auburn New York. Is here to speak on behalf of the off- road vehicles . He sees a problem with the law in that it is ill designed in terms of what interferers with the comfort or repose of a member of the public . There is no reference as to what constitutes unreasonable or the level of noise . Kevin Cain - Gunderman Road - purchased enough land so that he could have the privilege to hunt and do things he wanted to do and now someone is trying to tell him when he can have people over for parties . Don Fenton - Coddington Road - he said he thinks that people should respect other peoples privacy and quiet for whatever they like to do . Even though this proposal is excessive we must start some place as being nice isn ' t getting us anywhere . Bob Lieberman - Nelson Road - it is necessary to make a step in that direction . When your noise is spilling with noise outside your boundaries you are invading someone elses space . There should be some sort of regress . Olivia Vent - Danby Road - realizes that the Board has been getting complaints and issues that have come before them regarding noise . There are different statutes on the book and would like to know what is lacking that makes it difficult for the law enforcement officers to do something about it . Ames Brown - 1840 Danby Road - Asked what other places were looked at when drawing up the Danby Noise Ordinance . It appears that this has been lawyered to death . Ric Dietrich - South Danby Road - Supports this proposal and the Boards effort in trying to find a middle ground and thinks it is a step in the right direction . Eileen Wright - 1342 Danby Road - she said she agrees with Mr . Dietrich . She looks upon this noise ordinance as prevention . Don Shaaf - 2152 Danby Road - a proposed noise ordinance should represent the majority of people who voice their opinion to the Town . It appears you are driving the neighbors apart . Ted Lazcano - Gunderman Road - he sees these ordinances is that they are all dealing essentially with reasonableness and by community standards . He does not see where we need an ordinance to enforce something that you can be enforced under State Law. He moved here to escape the bureaucracy of more and more regulations on people who don ' t want them . Laurene Gilbert - Gilbert Road - She said there are reasons why the noise ordinance should be enacted : A lot of people move to Danby for privacy and quiet not for its convenience We need a legislative tool to outline what is acceptable and unacceptable noise levels . 1 George Arsenault - 1496 Coddington Road - owns 106 acres and reported that his son had some parties this summer that he was not aware of and would have taken care of the problem had he been notified . Ric Dobson - 1492 Danby Road - said that we already have laws on the books and if you feel there is unreasonable noise you can call the law enforcement . He asked the Board not to vote on this ordinance . Pamela Arsenault - 1496 Coddington Road - she said this does not define what size a party requires j ! , . i C 11t• I • II 'a I 9 1 bfi 1 1241 3 Public Hearing Noise Ordinance September 11 , 2000 for a permit and how far in advance a permit must be applied for. Lorreen Galt - Gunderman Road - moved out of Ithaca because of the bureaucracy . She said that they are known for their 4th of July parties which they keep to a low roar and never heard that their parties irritated their neighbors . She has a problem with the fact that the Town would take a noise ordinance from Ithaca, New York and expect the people in Danby to accept it . Debbie Fitzpatrick - Nelson Road - is a little concerned because businesses are exempt . She questioned the use of amplified sound from the Common Ground on Saturday ' s and Sunday ' s . . Pat Woodworth - Gunderman Road - concerns that people say they can have what they want on their property . We have the right to do what we want as long as it does not impact on our neighbors . We need to make sure all of those rights are enforced . Supports the proposed ordinance . Walter Sczepanski - Sczepanski Farms East Miller Road - knows agriculture is exempt but is concerned about how you are to know what types of noise generated from agriculture are permitted and who will make that determination . Bob Strichartz - Comfort Road - said he and thinks people are misinterpreting this ordinance and imagining all sorts of powers that are going to arise from it . He approves and thinks it is a perfectly reasonable to try to address this issue . Nancie McBride - Jersey Hill Road - objects and does not like the idea of somebody telling her what she can do on her property . Once you start with an ordinance like this it builds and she does not think this is appropriate . Ross Cortright -Hillview Road - Said on a broader issue he sees things creeping into the Town of Danby things he ' s read about in "Grave to the World" or " 1984 " . " I don ' t like it" ! Don Barnes - Michigan Hollow Road - said he feels that he should be able to ride his 4 - wheeler on his property in the middle of the weekend and thinks this is going to drive the community apart not bring them together . He Is against this ordinance and does not see the need for it . Verna Little - 1758 Danby Road - we have to adjust to change as the community is changing . As situations change we must adapt . Howard Steiner - 1050 Coddington Road - the procedure is unclear as to who issues the complaints , and who enforces it . Councilperson Strichartz replied that normally when there is a noise complaint it goes to our Town Justices although this summer complaints have gone directly to the Sheriff and the State Police and that they respond very well . We have been advised that if the Town has something in place it would help us with enforcement in the future should we have problems . • Bob Roe - 1820 Danby Road - said we already have laws in this Town which are instigated or put into operation by non-complaints from anybody and are called our "Junk Laws" . If you want to have legal legislation you should have legal and documented complaints not something that anybody driving by can justify anonymously . Rick Dobson - You can ' t call the Justice to arrest somebody, you have to call the police and that law is already on the books . This ordinance is not needed . Think about the majority . Ray Mayo - Ridgecrest Road - We need to go back to a democracy and find out what the majority of the people in this Town want and let the majority rule . John Galt - Gunderman Road - Has a real concern and cannot understand what reasonable means . Before any one person has the right to complain about the noise Pm producing , you have to define 1 2 4 2 4 Public Hearing Noise Ordinance September 1 I , 2000 reasonable . Ames Brown - 1840 Danby Road - The basic question about sound has not been discussed and he does not think that sound can be measured accurately . The law does not support the matter of decibels . Tompkins County Sheriff Pete Meskill - There are some important issues here about noise and somebody ' s quality of life . Our ideal and our goal is not that every time we get a complaint about noise and the quality of life to go out and harass somebody and write a petition . We do our job as providing public service, public safety and being peace keepers to the people of the Town . While we rate the quality of life high it won ' t come before a personal injury accident or an assault or other prioritized situations . We have to see a violation before a the police officer can write a ticket or make an arrest if they do not have a person to swear out a complaint , attest and swear to it . If it is a misdemeanor or above they have to go to a Justice of the Peace to obtain a warrant . Every officer in his or her own discretion will try to take care of a particular situation and it does not necessarily mean an arrest. We do the best we can do to handle your complaint based on what all the issues are at the moment we arrive . He said that if there was a violation that appears to be legitimate and the officer hears it, then they will make out a ticket for the violation and submit it to the Court and let the Justice decide what is going on . If we believe the law has been violated and you have reasonable proof and believe whoever is attesting to and affirming the charge on their complaint that it is correct, then that is the means for establishing a charge . The Justice system then takes charge . Lorraine Galt - asked the Sheriff if the department does now exactly what they will do if this law is in force and if they will ultimately be responsible for this ordinance to enforce it . What she is hearing is that the laws already on the books are not being enforced . I-Iow do you feel that having an additional ordinance will make a difference . Why does the community need this . • Sheriff Meskill said that the ordinance won ' t make a difference on how the Sheriff' s Department I enforces the law in relation to a Town of Danby Noise Ordinance . The issue is whether your i community wants this law. He said he could not answer why the community needed this law . It depends on the community and how the people in that community decide how they want to live and carry out their lives . The Sheriff' s Department will enforce the law in the best way that they know how in relation to reasonableness, keeping the peace and promoting peace and quiet . It sometimes takes more than an anonymous complaint to make an arrest . e6/ ? e g l Carol W . Sczepaj,Town Clerk phm- 9 - 11 -00 it ! I , I Li /Leal � � . 1a � . � c. . ill . i. , 13D } M,r& , opr 1 0 (5' Public Hearing Noise Ordinance September 11 , 2000 TOWN OF DANBY PUBLIC HEARING MINUTES - PROPOSED NOISE ORDINANCE SEPTEMBER 11 , 2000 7 : 00 P .M. PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol W . Sczepanski , Town Clerk Susan Beeners , Code Enforcement Officer Frank Proto , County Representative Dan Higgins , Ithaca Journal Reporter Peter Meskill, Tompkins County Sheriff Members of the Public : Susan Howe, Laurene Gilbert, Lorreen & John Galt, D . Paucke, Don Barnes, Don Schaad, Bob Roe, Ross & Elaine Cortright, Ames Brown, Linda Hansen, Don & Jackie Fenton, Bernie & Janet Clark, Carl Seamon, Mellora Heath, Deborah & William Fitzpatrick, Audrey Walz, Colleen Fields , Karl Logan, Wayne Woodward, Pamela & George Arsenault, Jim & Kathy Holley, Ted Lazcano, Eloise Green, Eileen Wright, Kevin Cain, Robert & Nancie McBride, Genevieve Sanford, Robert & Gunille Lieberman, Rick Dobson, Roy & Mary Casterline , Shirley & Raymond Howland, Howard Steiner, Linda Dorn, Robert & Faith Chase, JoAnn Palmer, Ric Dietrich, Esther Dotson, Pat Woodworth, Marty Sternstein, Don Shaaf, Verna Little, Jim Hovanec, Valerie & Dale Burgess, Walt Sczepanski, and others . Public Hearing Declared Open : Supervisor Inman declared the public hearing open at 7 : 07 p . m . and read the following notice of publication : "PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Danby on Monday, September 11 , 2000 at 1830 Danby Road, Ithaca, New York at 7 : 00 p .m . to hear public comment on a proposed Noise Ordinance for the Town of Danby. Copies of the proposed ordinance may be viewed at the Town Clerk ' s Office during regular office hours, Tuesday - Friday from 9 : 00 a. m. - 4 : 00 p . m . and Saturdays 9 : 00 a. m . to Noon. All interested persons will be heard either in person or in writing . A regular meeting of the Town Board will follow the public hearing. By Order of the Town Board Carol W . Sczepanski, Town Clerk Dated August 28 , 2000 " z I v fr ' �. k f , I d I I • , % � {fi ;; pp � + � R y � 2 Public Hearing Noise Ordinance September 11 , 2000 Supervisor Inman introduced Ted Jones, a member of the Noise Ordinance Committee . Mr. Jones addressed the Board and public with background information used in preparation for the proposed noise ordinance . They addressed specific issues that have been raised by concerned residents . The proposed ordinance is to be used as a tool by law enforcement and the judicial system . Research was done on noise ordinance laws in other areas and most were very much the same . The City of Ithaca Ordinance and other drafts were used as a template for drafting the proposed ordinance for the Town of Danby . Mr. Jones reported that the committee looked at Cincinnati , Ohio , Indianapolis, Indiana,Memwell , Park, California, City of Ithaca and the Town of Ithaca Councilperson Strichartz reported that the Draft Noise Ordinance presented tonight omitted agricultural uses are exempt . It is a mistake from the attorney and will be amended . Members of the Public : Linda Hansen - 1870 Danby Road - concerned that this is too in depth for Danby and there is no definition of unreasonable noise . Raymond Mayo - Ridgecrest Road - he is a competition shooter and frequently does a little target shooting on his property and to his knowledge no neighbors have issued a complaint . John Galt - Gunderman Road - laws already on the books against disturbing the peace, disorderly conduct and public intoxication. we do not need additional code in Danby . Carl Logan - from Auburn New York. Is here to speak on behalf of the off- road vehicles . He sees a problem with the law in that it is ill designed in terms of what interferers with the comfort or repose of a member of the public . There is no reference as to what constitutes unreasonable or the level of noise . Kevin Cain - Gunderman Road - purchased enough land so that he could have the privilege to hunt and do things he wanted to do and now someone is trying to tell him when he can have people over for parties . Don Fenton - Coddington Road - he said he thinks that people should respect other peoples privacy and quiet for whatever they like to do . Even though this proposal is excessive we must start some place as being nice isn ' t getting us anywhere . Bob Lieberman - Nelson Road - it is necessary to make a step in that direction. When your noise is spilling with noise outside your boundaries you are invading someone elses space . There should be some sort of regress . Olivia Vent - Danby Road - realizes that the Board has been getting complaints and issues that have come before them regarding noise . There are different statutes on the book and would like to know what is lacking that makes it difficult for the law enforcement officers to do something about it . ; IF l R 1(1 11jd 1 , d �1 : ��� j ;3: uI� 1 , •, flito �� . . . _ 3 Public Hearing Noise Ordinance September 11 , 2000 Ames Brown - 1840 Danby Road - Asked what other places were looked at when drawing up the Danby Noise Ordinance . It appears that this has been lawyered to death . Ric Dietrich - South Danby Road - Supports this proposal and the Boards effort in trying to find a middle ground and thinks it is a step in the right direction . E ileen Wright - 1342 Danby Road - she said she agrees with Mr. Dietrich . She looks upon this noise ordinance as prevention . Don Shaaf - 2152 Danby Road - a proposed noise ordinance should represent the majority of people who voice their opinion to the Town . It appears you are driving the neighbors apart . Ted Lazcano - Gunderman Road - he sees these ordinances is that they are all dealing essentially with reasonableness and by community standards . He does not see where we need an ordinance to enforce something that you can be enforced under State Law. He moved here to escape the bureaucracy of more and more regulations on people who don ' t want them . L aurene Gilbert - Gilbert Road - She said there are reasons why the noise ordinance should be enacted : A lot of people move to Danby for privacy and quiet not for its convenience We need a legislative tool to outline what is acceptable and unacceptable noise levels . George Arsenault - 1496 Coddington Road - owns 106 acres and reported that his son had some parties this summer that he was not aware of and would have taken care of the problem had he been notified . Ric Dobson - 1492 Danby Road - said that we already have laws on the books and if you feel there is unreasonable noise you can call the law enforcement . He asked the Board not to vote on this ordinance . Pamela Arsenault - 1496 Coddington Road - she said this does not define what size a party requires for a permit and how far in advance a permit must be applied for . Lorreen Galt - Gunderman Road - moved out of Ithaca because of the bureaucracy . She said that they are known for their 4th of July parties which they keep to a low roar and never heard that their parties irritated their neighbors . She has a problem with the fact that the Town would take a noise ordinance from Ithaca, New York and expect the people in Danby to accept it . D ebbie Fitzpatrick - Nelson Road - is a little concerned because businesses are exempt . She questioned the use of amplified sound from the Common Ground on Saturday ' s and Sunday ' s . . Pat Woodworth - Gunderman Road - concerns that people say they can have what they want on their property . We have the right to do what we want as long as it does not impact on our neighbors . . . R A‘ F T 4 Public Hearing Noise Ordinance September 11 , 2000 We need to make sure all of those rights are enforced . Supports the proposed ordinance . Walter Sczepanski - Sczepanski Farms East Miller Road - knows agriculture is exempt but is concerned about how you are to know what types of noise generated from agriculture are permitted and who will make that determination . Bob Strichartz - Comfort Road - said he and thinks people are misinterpreting this ordinance and imagining all sorts of powers that are going to arise from it . He approves and thinks it is a perfectly reasonable to try to address this issue . Nancie McBride - Jersey Hill Road - objects and does not like the idea of somebody telling her what she can do on her property . Once you start with an ordinance like this it builds and she does not think this is appropriate . Ross Cortright -Hillview Road - Said on a broader issue he sees things creeping into the Town of Danby things lee ' s read about in " Grave to the World" or " 1984 " . " I don ' t like it" ! Don Barnes - Michigan Hollow Road - said he feels that he should be able to ride his 4-wheeler on his property in the middle of the weekend and thinks this is going to drive the community apart not bring them together. He Is against this ordinance and does not see the need for it . Verna Little - 1758 Danby Road - we have to adjust to change as the community is changing . As situations change we must adapt. Howard Steiner - 1050 Coddington Road - the procedure is unclear as to who issues the complaints, and who enforces it . Councilperson Strichartz replied that normally when there is a noise complaint it goes to our Town Justices although this summer complaints have gone directly to the Sheriff and the State Police and that they respond very well . We have been advised that if the Town has something in place it would help us with enforcement in the future should we have problems . Bob Roe - 1820 Danby Road - said we already have laws in this Town which are instigated or put into operation by non-complaints from anybody and are called our "Junk Laws" . If you want to have legal legislation you should have legal and documented complaints not something that anybody driving by can justify anonymously . Rick Dobson - You can ' t call the Justice to arrest somebody , you have to call the police and that law is already on the books . This ordinance is not needed . Think about the majority. Ray Mayo - Ridgecrest Road - We need to go back to a democracy and find out what the majority of the people in this Town want and let the majority rule . ' AFT r 5 Public Hearing Noise Ordinance September 11 , 2000 John Galt - Gunderman Road - Has a real concern and cannot understand what reasonable means . Before any one person has the right to complain about the noise Pm producing, you have to define reasonable . Ames Brown - 1840 Danby Road - The basic question about sound has not been discussed and he does not think that sound can be measured accurately . The law does not support the matter of decibels . Tompkins County Sheriff Pete Meskill - There are some important issues here about noise and somebody ' s quality of life. Our ideal and our goal is not that every time we get a complaint about noise and the quality of life to go out and harass somebody and write a petition . We do our job as providing public service, public safety and being peace keepers to the people of the Town . While we rate the quality of life high it won ' t come before a personal injury accident or an assault or other prioritized situations . We have to see a violation before a the police officer can write a ticket or make an arrest if they do not have a person to swear out a complaint, attest and swear to it. If it is a misdemeanor or above they have to go to a Justice of the Peace to obtain a warrant . Every officer in his or her own discretion will try to take care of a particular situation and it does not necessarily mean an arrest. We do the best we can do to handle your complaint based on what all the issues are at the moment we arrive . He said that if there was a violation that appears to be legitimate and the officer hears it, then they will make out a ticket for the violation and submit it to the Court and let the Justice decide what is going on. If we believe the law has been violated and you have reasonable proof and believe whoever is attesting to and affirming the charge on their complaint that it is correct, then that is the means for establishing a charge . The Justice system then takes charge . Lorraine Galt - asked the Sheriff if the department does now exactly what they will do if this law is in force and if they will ultimately be responsible for this ordinance to enforce it . What she is hearing is that the laws already on the books are not being enforced . How do you feel that having an additional ordinance will make a difference . Why does the community need this . Sheriff Meskill said that the ordinance won' t make a difference on how the Sheriffs Department enforces the law in relation to a Town of Danby Noise Ordinance . The issue is whether your community wants this law. He said he could not answer why the community needed this law. It depends on the community and how the people in that community decide how they want to live and carry out their lives . The Sheriffs Department will enforce the law in the best way that they know how in relation to reasonableness, keeping the peace and promoting peace and quiet . It sometimes takes more than an anonymous complaint to make an arrest . Kal �l G Carol W . Scze . .i ski , Town Clerk phm-9 - 11 - 00 , p_ , .. . 6whOt 10000- 4. ' i _: ee1/2"v . • i . 179 • 4 • 01-9 n: . ni1 bilk' Ileirej ra use•/ s - - ___ Cr 11 vdeo . - - au .41/ arft .,. , t ) 3 L . I ( i�fat f r _/ ,(i2Liztk. 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A — / 7 C&2ZC e_e_D Kif w /� ' S [ ` ( r / I _ I' ` S ') 2MLlS2 ! —rf Or _ 1 r f 1 f0 I 1 I,f , 1.1 � _ E� k - ,� � 1 _ I I f 41 111 1 1 ,r_.._ _ •_ 1243 1 Town Board Minutes September 1 I , 2000 TOWN OF DANBY TOWN BOARD MINUTES SEPTEMBER 11 , 2000 7 : 00 P . M . PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon , Norbert Nolte , Naomi Strichartz, Gladys Varona- Lacey • Others Present : Carol W . Sczepanski , Town Clerk Susan Beeners , Code Enforcement Officer Frank Proto , County Representative Dan Higgins, Ithaca Journal Reporter Peter Meskill , Tompkins County Sheriff Members of the Public : Susan Howe, Laurene Gilbert, Lorreen & John Galt, D . Paucke, Don Barnes , Don Schaad, Bob Roe , Ross & Elaine Cortright, Ames Brown, Linda Hansen, Don & Jackie Fenton , Bernie & Janet Clark , Carl Seamon, Mellora Heath, Deborah & William Fitzpatrick , Audrey Walz, Colleen Fields , Karl Logan, Wayne Woodward , Pamela & George Arsenault, Jim & Kathy Holley_ Ted Lazcano , Eloise Green, Eileen Wright, Kevin Cain , Robert & Nancie McBride , Genevieve Sanford , Robert & Gunille Lieberman, Rick Dobson, Roy & Mary Casterline , Shirley & Raymond Howland, Howard Steiner, Linda Dorn, Robert & Faith Chase , JoAnn Palmer, Ric Dietrich, Esther Dotson, Pat Woodworth , Marty Sternstein, Don Shaaf, Verna Little, Jim Hovanec , Valerie & Dale Burgess , Walt Sczepanski , and others . Following a public hearing to consider a proposed Noise Ordinance , Supervisor Edward Inman opened the Town Board Meeting at 9 : 00 p . m . PRIVILEGE OF THE FLOOR : Councilperson Joel Gagnon suggested that the Board should discuss the proposed Noise Ordinance at the beginning of the meeting . The Town Clerk reported on a dangerous situation that exists on one of our Town of Danby abandoned roads in the South Danby Road area. A landowner has placed a wire across the property access on an abandoned road to discourage entrance in the area . Councilperson Strichartz reported that David and Kendra Mikula are the proud parents of quadruplets . The family needs help with the routine care of the infants . Anyone who can volunteer time to assist the mother with the feeding, diapering, etc . may call Kendra Mikula at 272 - 1729 . Members of the Public : Kevin Cain - concern that there isn ' t better advertising of special meetings . A special meeting of • the Board held on August 28 , 2000 was not posted on the Comunity Council signboard and the public was unaware of the meeting . REPORTS : Community Council Eileen Wright - reported that Community Council has not met since the last Board Meeting . A lot of volunteers worked on the playground at the Danby School site and it is nearly complete . A Grand Opening for the playground is planned for a Sunday in October . County Representative Report : County Representative Proto reported on the following : Planning Committee - the next meeting will be held in Danby on September 28 , 2000 at 7 : 30 p . m . Board of Health Committee - is requesting input from residents on the position the County should 1244 Town Board Minutes September 11 , 2000 take on adding fluoride to the water system . County Budget Review - review of the County budget is in progress . Tobacco Money - does not believe that the tobacco money should go to the general operating budget to reduce taxes . Water Resources Executive Committee - are working on the over-all water strategy for the County . County Telecommunication Towers - the proposal for telecommunications towers has been slowed down due to feedback from residents and townships . Reuse of Old Library Building - The County has added funds in the budget to keep the old library building. PROPOSED NOISE ORDINANCE Following public hearing held on this 1 lth day of September, 2000 Supervisor Inman introduced a resolution entitled : "RESOLUTION ADOPTING A NOISE ORDINANCE FOR THE TOWN OF DANBY" . The resolution was seconded by Councilperson Strichartz : Councilperson Strichartz reported that what is important to her about this proposed ordinance is that she has received a lot of complaints from residents who have been disturbed and cannot sleep at night . She has written statements and has received calls from residents who are frightened of retribution if they were to sign a complaint . She is under the impression that with a local law in place that complaints would be easier for law enforcement officers to enforce . The proposed ordinance was reviewed and revised by our Town Attorney and omitted was a section for Agriculture exemption . Councilperson Gagnon explained that this is not about how big a gathering might be but how noisy it is . Supervisor Inman said that there are many changes to be made to the proposed ordinance and it must be clear of how to measure unreasonable noise . Many residents interrupted the Boards attempt to discuss the proposed local law and information presented at the public hearing . Councilperson Strichartz said that it is necessary to have someone willing to stand up and say something, however we have some very unfortunate situations with regard to noise with amplified sound . People are afraid to make complaints because of possible retribution . A vote on the resolution resulted as follows : Gagnon Nay Nolte Nay Strichartz Abstained Varona-Lacey' Nay Inman Nay Defeated The issue of a noise ordinance will be referred back to a committee for revision . APPROVAL OF WARRANTS : General Fund Warrant No . 9 of 2000 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon to approve the General Fund Warrant No . 9 of 2000 voucher numbers 345 - 381 in the amount of $ 3 , 850 . 69 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously 1 • j. i Ji i k � . ; . i F till + I u .. ._.r., .1 at‘ . I' 4tr , 3 Town Board Minutes September 1 I , 2000 Highway Fund Warrant No . 9 of 2000 A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte to approve the Highway Fund Warrant No . 9 of 2000 voucher numbers 123 - 137 in the amount of $45 , 546 . 99 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye • Varona-Lacey Aye Inman Aye Carried Unanimously West Danby Water District Fund Warrant No . 9 of 2000 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve the West Danby Water District Fund Warrant No . 9 of 2000 voucher numbers 31 - 33 in the amount of $ 191 . 00 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Continued Noise Ordinance Discussion : Councilperson Strichartz reported that the major complaints that the Town has received are related to parties that do not end until 3 : 00 or 4 : 00 a. m . with very loud amplified music . It makes sense to simply have an ordinance that addresses only loud amplified noise . Councilperson Gagnon asked what would be in the ordinance that isn ' t already in State Law . The procedure for enforcing an ordinance would be the same as is already under the State Law. You would still have to file a complaint . The difference would be it allows for permits . Councilperson Varona-Lacey said that people moving to Danby would know that Danby does have an ordinance that deals with loud noise and is not a party town . A resident suggested that the Board pass a resolution stating that the Town Board supports a quiet community and will support residents who opt to pursue the New York Penal Law and maintain reasonable sound . The Board does not have to pass law to show support for an existing law. Recreation Partnership Proposal Councilperson Gagnon reported to the Board that there were a few minor changes to the Recreation Partnership Proposal . The Partnership would like a letter of commitment indicating the Towns intent Sto participate so that funding can be incorporated into the partnership ' s budget . Letter of Commitment to Budget $ 7,622 . 00 for the Recreation Partnership in the Year 2001 A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby authorizes Supervisor Inman to send a letter of commitment indicating. The Town of Danby ' s willingness to participate as a partner in the Recreation Partnership in committing the Town to putting in its budget for Fiscal Year 2001 the sum of $ 7 , 622 . 00 . A roll call vote on the motion resulted as follows : 1246 4 Town Board Minutes September I I , 2000 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Makarainen Road Update : Code Enforcement Officer reported that she was asked to notify property owners on Makarainen Road of the Board Meeting and ask them to attend the meeting at 8 : 00 to review the abandonment issue of Makarainen Road . The Town has received letters from Scott Anderson and from Myer Abrams . Lisolette Ungers addressed the Board and reported that there has always been an easement to Mr . Anderson' s property . It is a shared deeded right-of-way between our property, Mr. Abrams property and Mr. Anderson ' s property . She reported that there are spray painted on her driveway which was a field until they put about forty (40) feet into in her new driveway . Something that has worked for thirty years now may be in error. Mr . Abrams wants to have road frontage where he already has a right-of-way. Mr . Anderson has lived there for 26 years and the lines for the turn-around are wrong . Lisolette also showed the Board where they would like to build a barn for storage to replace one that was recently torn down and was refused even though the Town asked them to tear it down . Susan Beeners reported that she and the Highway Superintendent had visited the property to design a turn-around for Makarainen Road. She said they are trying to determine the exact end of the road and also insure that there is turn-around space that is acceptable for highway maintenance . She said it was her understanding from Mr. Eckdall and Mr . Scott Anderson that the Town did back around next to the old barn and what we are trying to achieve is an adequate back around . The spot where the road was abandoned will be where the highway department has always backed around . Lisolette Ungers said that she does not agree with the information presented by the Code Enforcement Officer as this section has been abandoned up until this point and now all of a sudden she is hearing that her property is being taken away . She said she does not object to the trucks backing around in her drive but seventy feet ( 70) seems like a lot . Supervisor Inman said that the Board will discuss the Makarainen Road Abandonment at the next board meeting . Lisolette Ungers said that she is very uncomfortable with this being discussed without either herself or Simon present. She finds it problematic that after coming to all these meetings that all of a sudden it ' s going to be discussed when they cannot be here and finds it unfair . Everything that is being discussed is changing and there is a new issue at every meeting . She does not know how to prepare for this and this is the fourth meeting she has attended . She said that at the last meeting she was told that a decision would be made tonight. She said that it should not be discussed unless she and Simon can attend . ADJOURNMENT : A motion was made by Councilperson Norbert and seconded by Councilperson Strichartz to adjourn the meeting to Wednesday, September 13 , 2000 at 7 : 30 P . M . G��2,e%�.c/ ij Carol W . Sczepai / , Town Clerk min-9 - 11 . 00