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HomeMy WebLinkAbout1994-03-02 149 TOWN OF ENFIELD SPECIAL TOWN BOARD MEETING WEDNESDAY, MARCH 2, 1994 • A public hearing on the Junk Car Law A was opened to the public, Wednesday, March 5th, at the Enfield Community Building, 162 Enfield Main Road, Ithaca, Ny 14850, at 6:30 p.m. by Supervisor Jean Owens. Rhonda Connors, 1029 Bostwick Road I read in the paper if you had more than,three cars on your property not licensed or registered, even if you have a fenced in area and they aren't bothering anybody, is this going to take place? This law is ridiculous, if you are keeping your cars behind a fence or outback out of sight it should not be, it's ridiculous. My husband always has three or four cars, they aren't out front of our house, it doesn't look bad, always hidden. I feel it's ridiculous, it made me very mad that the town would think of some thing like that. Pete Moore, 610 Fish road I didn't I am totally against the Junk car Ordinance. Just by talking with people, go door to door just people I ran into, I got 155 signatures that states they are against the junk car law. Also I understand there was some kind of a survey sent out, I got one in, the mail, a blue card questionnaire about junk cars n s the town of Enfield were in w many were sent out, because I have heard 80% of the people favor of a junk car law. If a 1000 where sent out, how many came back? How many peopled responded? Councilman Dougherty - 1000 sent out, about 200 writ back - 80% of the 200 who responded where in favor of a junk car law. Moore- That means 800 people don't care enough to fill it out. Councilman Doughtery - Sound that way. Moore- Because everybody I talked to said - Oh we got one in the rnail too, threw it in the garbage we don't care. 80% according to that survey is not any were near correct if only 200 people out of I o00 "responded to it. I have also been asked to speak for Doug e Is also opposed favor of an)t car law, but he is in favor of any big commercial operation and t am o commercial operation in this town because there would be a lot of gasoline and oil to dispose of and there is not a junk yard operating thai� kovv�rt I w��dismantles inst, sose am • cars in a proper manner. A large operation like totally against any junk car ordinance in the town. Thank you. 1 ,1 5 0 Bill Mather- Iradell Road I want to go back about three meetings when we talked about the junk car survey and remind the board that you would be mislead to believe that you need 10010/9 response from a survey, in fact"you got a 20%-response and if you were to do an • analysis of a typical government survey were some where around 6 or 8% and you do all you statistical inference from that , we actually had an overwhelming response for a government survey. The survey response was overwhelming for a junk car ordinance, it is absolutely wrong to say that the 20% response rate is statistically insignificant, that is totally incorrect, It is extremely significant, please keep that in mind. Bruce Lott-Sage Road I don't plan on having any junk cars but I don't plan on having the rights I had when I came here taken away, I moved here because there was no zoning, and I believe that if you decide that you want a junk car and keep it out of sight or aren't parking it partially on the other guy's land, you are not destroying the environment. Any car on the road is putting out a lot more oil than car that is parked. I just think there is another way of taking care of this situation. Rather than hiring someone to go out and start writing tickets try a voluntary thing, pay someone to go out and talk with the people who have the junk cars that everybody is opposed to. Sounds mote like a fund raiser than a beautification or safety law. If you want to take care of the land next door to you, buy it and pay the taxes. Janet Morse - Enfield Main road I keep hearing that the cars are behind us, the cars are out of sight, I think the purpose of this whole issue of the junk car law is for the ones that were right in sight, that were the eyesores, that there was more than four or five at the sight, they were junk, junk not even drivable at the time that the concerned citizens of Enfield came up with a proposal of a junk car law. Bertha Hubbell - Enfield Main Road Do we have to reintrate all the people who are for the junk car law, again, our reasoning and so forth the board has heard three, four or five times. Supervisor Owens- If you want to speak on the subject. Bertha Hubbell - I am in favor of it and all the people who know me know why I am in favor of it. This was for two words that were changed. We had already gone • through the law verbatim - verbally and changed things and then they wanted to add tow words- to exclude trailers. I don't understand why it's necessary for All this big focus. Survey showed number of people in favor, more people in favor at last meeting. 2 Carl Newhart (Citizen) Griffin Road When the town established a Junk Car Committee they gave us local law A which says "A local law providing the regulation of automobile junk yards" nothing about junk e cars. I think this is five and one-half pages of garbage. I don't think , we in the town, should let the Town Board establish businesses because people have junk cars, and that is exactly what this law is doing. I think we can come up with a much better law, I would like to see the junk car committee do a junk car law not a junk yard law, which it says right at the top Junk Yards and what they want the people in this town to do if they want three or more cars is absolutely.ridiculous. Doug Reid- I ham against this ordinance, it's more needless bureaucy. Concerning the statistical significants of the survey, any survey,that there is a self-selection process in terms of who responds and who doesn't, some people who are extremely busy don't respond to surveys, therefore,any survey that is done this way can not be significant. I don't believe this will have the desired beautifying effect, the effect Will,be minimal if this ordinanance was passed. You will still see lots with one or two cars randomly scattered on the. This law, as written, does not allow for hobbyist to have a registered junk car, it only allows for businesses. There is no phase in period in which the compliance could be achieved. It assumes that cars will just disappear, it takes a long time. Law is vindictive towards a certain segment of population whose property doesn't look as if it doesn't belong in,Better Homes and Garden magazine. Ed Grover- I did move my cars back out of the way. I do collect cars, truck and machinery and have for over forty years, I don't see why I should have to come up with a junk yard license now, I am not like moving into a residential place like Connecticut Hilt where there is a whole bunch of new homes. What's the problem, I don't see that many cars around the Town of Enfield. What's the board's feeling, where are we going? Bob Mulvey-Town Attorney With the law on the books and state law that can be enforced by the sheriff and state police. Question of man power and pastorally discretion sheriff and state police wont enforce. If town wants to enforce it themselves, they can either enforce it the way it is or if they don't like it they can adopt there own form of that law. We aren't in trouble by • having the shetft 0 stage police enforcing the law. 3 152 Mrs. Hoffman - Waterburg Road Will the law help not create new junk yards or help clean up existing junk yards? Personally I feel that it is more of concern then someone who has four or five cars on there property who needs them for parts. Pete Moore Town of Enfield is lower income area. Town of Enfield just received $400,00 in HUD money for this reason, there are a lot of people who need to keep these cars around to pick up an extra dollar selling parts, there are also people around that are opposed to any trailers, if they could get there own way. Enfield is about the only town around a young person stands a chance to get some of a start in. Jack.RuMsey- Harvey Hill Road I feel Enfield is pretty nice place and has always been a nice place; Don't think it's a disgrace to see a few cars, out in back, its another right taken away from us. Survey how many have more than three junk cars on their property. Does this pertain to more than junk cars? Gary Achilles - (Citizen) Applegate Road I received eighteen calls against law. I feel board started the wrong way. Clean up junk yards first, then go after citizens, find out who has them. Moratorium. Purpose officer be paid to go out and find out who has what and who is and who isn't licensed. Dennis Bower, Iradell Road What is town doing to businesses and how will if affftt me? Lee Hubbell - Mecklenburg Road What is the big deal? Worried about site, ecological problem or are we going after people with junk cars, he is lost, wants to know problem. Ask people to move cars out of sight. Rights taken away- he pays taxes. Jerry Lilly- N. VanDom Road Out of sight not town business. 4 153 Richard Chase - Is there a time date state mandates to enforce or adopt own law? If town doesn't vote tonight, does that force town to enforce state law? Public hearing closed. 5 140 TOWN OF ENFIELD TOWN BOARD MEETING WEDNESDAY, MARCH 2, 1994 8:00 P. M. The regular meeting of the Town Board of the Town of Enfield was called to order at 8:00 p.m. at the Enfield Community Building, 182 Enfield Main Road, Ithaca, N. Y. . Present: Jean Owens, Supervisor Pat Dougherty, Councilman Linda VanNederynen, Councilman Garry Achilles, Councilman Carl Newhart, Councilman Others Present: Alice Laue, Town Clerk Ron Updike, Highway Superintendent Jack Hubbell, Town Historian PLEDGE OF ALLEGIANCE: The Town Board Supervisor, Jean Owens, lead the assemblage in the Pledge of Alleaiance. APPROVAL OF MINUTES: Motion made by Councilman VanNederynen that the February 2, 1994 be approved. Seconded by Councilman Achilles. Carried Unanimously Motion made by Councilman Newhart that the 1994 Organizational Resolution minutes be approved. Seconded by Councilman Achilles. Carried Unanimously COMMUNICATIONS: Letter of resignation from Caroline Bingham from the Planning Board because of health. Letter from the Enfield Fire Company naming Marty Schrieber as the fire company representative to the Fire and Building Code Committee. 1 143 PRIVILEGE-OFT-REFLOOR: Posie Willard -Teeter Road Concerned with the problem of cars parked on Teeter Road. Posie has called Highway Superintendent Updike asking to call the Sheriff's Department to have them removed. ,Law requires that any public road is to be passable. Cars are left all day and night,'some.licensed, some-unlicensed,. run a.garage,~do.repair work, has dealer plates. What are-thiey doing using public highway as a parking lot? Feels something needs to be done about this before someone is killed. Superintendent Updike has called the Sheriff's Department twice, Sheriff's Department has been out twice, asked deputies routinely patrol this area, called dispatcher today asking for a night patrol. Feel that if call is placed and it is put over the airways to go to Teeter Road for cars in the road, cars have been removed when patrol arrives. Will put more pressure on Sheriff's Department. Supervisor Owens asked Bob Mulvey, Town Attorney, if the Town had any authority to have these cars towed. Bob Mulvey Town Attorney, Highway law authorizes right to the Sheriff's Department. Superintendent Updike - We have to go through the Sheriff's Department. If no license on cars, Sheriff's Department can tag and Impound them. Mr. Edsall -Teeter Road 20 M.P.H. speed limit needed on road. What can be done and what do we do to get this done? Only one speed limit sign on the knob on'Teeter Road which is covered with vegetation during summer. Superintendent Updike advised that this sign Is not a legal sign but apparently a private sign. Road is a dead end. Supervisor asked Highway Committee to draft a response to Teeter Road concerns. Representative Winch stated that it is very hard to get a speed limit posted, has to go through County, then the State and there has to be a justifiable reason. Superintendent Updike suggested to Teeter Road residents that they start a petition with everyone on the road signing it. Jerry Lilly - N. VanDom Road Concerned with plowing of snow. Feels highway crew needs to take more pride and care in their work. Councilman VanNederynen suggest that the Teeter Road residents write to the Commissioner of State Transportation, John C. Egan, directly expressing their concerns. 2 144 COMMITTEES: Tompkins County Board Representative Dan Winch - Interest shown in the board's review in handling budgets and how proposing budgets and services to the residents of Tompkins County. Trying to make budget more user friendly for actual • reading. Tough year to put together another budget. Highway Superintendent - Ron Updike Still plowing snow. When not removing snow doing routine maintenance. The question why was the town trucidng cinders on Sunday VAI asked. Question answered, cinders are obtained on a first come first served basis., so if cinders are available on Sunday they are trucked on Sunday. Cinders are 40-45% ecologically safe. Enfield Community Council - No Report Enfield Fire Department - Rich Neno Tompkins County budget cuts will effect emergency squad. Services will be paid for directly. Town Historian- Jack Hubbell Has letter of commendation been written to Betty Poole. Supervisor to take care of this Thursday, March 3, 1994. Planning Board - County - No 'report. Mr. Chase expressed his interest in being on the Town Planning Board. Town - No report. Commemorative Committee - Met Wednesday, February 23rd. Need more people involved in 175 celebration. UNFINISHED BUSINESS: Proposed Local Law A Motion made by Councilman Achilles that the Town Board of the Town of Enfield adapt Local Law A. Seconded by Councilman Dougherty. 3 145 Discussion: Supervisor Owens - Making a complex issue out of situation. Grouping junk yards and junk cars have created many issues that maybe we didn't have to look at. I • personally am going to vote against the law, not because I don't think that we couldn't exist with a junk car law. Maybe something very simple like two junk cars, keep them out of sight, something as simple as that. Talks about screening, if its in a building, behind a natural landscape, behind a fence, along as its screened. What I hear from the public is that they would like not.to see them. We look at It from that prospective, then look at the the junk yard situation. I like Garry's suggestion of going out and seeing what the problem is to begin with. Find out how many and if we do have a lot of individual junk yards. Simplify issue and look at them separately. See a lot of problems, not only the enforcement, but problems handed over to town clerk, who then is going to be responsible for licensing all of the junk yards in town, complicating courts because of court cases, it becomes a bureaucratic nightmare. I like to think in a rural community we can still simplify things to the point where we are not creating any more bureaucracy then we have to and still address an issue. So I want to clarify that although I intend to vote against this law I would like to see us address it on a different level with some thing more simplified. Councilman Dougherty- Three years ago when I started to come to Town Board Meetings because I though I would like to take an interest in some of the town government. I was born and raised around here, product of this town, very active in church, grange, raised my children in the area and people said to me Enfield is loosing its rural look, its hometown look. Where Enfield once was a beautiful town, it is now becoming run over by cars. Survey, only 20% of people responded, but to me that is a large amount of people. 80% of the people wanted the Town of Enfield looking like it used to look, 175 additional people signed a petition, we have had several public hearings, several meetings, people at Town Board meetings voicing there opinions on both sides. I don't know who asked before who on the board is for cleaning up the junk cars, my name is Pat Dougherty, I have been on the board a little over two years and I am for doing some thing for my town. Laws can't be simplified. We have had�probierns with dog licensing, etc. Obviously, I am the lone member on the board who feels this way so obviously the vote will go the other way. If it's what the town wants, if we are happy with the junk cars, happy with the way things are, I to am for starter homes, I started out in a starter home, I am not against people with junk cars, against starter homes, I am for all of these things but I am also for having some sort of planning. I feel when the octopus bridge is fixed there is room for development on the west side, I would like to • see some of the tax producing income come to Enfield. Obviously the way the vote goes is the way things will go and I will buy into that. 4 146 Councilman VanNederynen- I would like to asked the board members if they generally feel that if we left it in the hands of the community to go to there neighbors, if you have a problem with your neighbors, and say I see you have 16 junk cars out there and maybe 1+ou could do with three, would you mind moving them. I want to know if you generally feel, if it were left to the public, to neighbors how far will it go? To satisfy the other peopI&of the the Town, the other tax payers who are saying we want the state-law, we want this enforced, its your obligation to do it. .when people talk about laws, it goes, both ways. Councilman Newhart- Law says junkyards in the town of Enfield. It doesn't say anything about junk cars, you ignored junk cars, you put people in business with,this law. It's ridiculous that you make a law that if anybody has over three cars they have to put up a fence and go into business. I am not against a junk car law. I am for a sensible junk car law, this is not a sensible junk car law. State law is still on the books. Councilman Achilles - In answer to your question. Truthfully, no I don't think they will comply with i�', But, I think we have to start at the junk yards. Can you tell me how many licensed jur,,k yards are in town. How long has the board been dealing with this, three years? Not found out who are qualified junk yards. Deal with this first, if you passed this law all you are going to do is create more junk yards. We don't want that. My proposal is to pay someone to find out who has legal junk yards, see where cars are and let the public know they have six months to clean up and then the board will take further action, give them a chance to clean up. Councilman VanNederynen - Personally I feel before this law or any law is passed there needs to be a plan for enforcing it acid,paying for it, providing for and taking care of it, etc. if we did this tonight we have nothing, no enforcement officer ready to go, we are left hanging by a rope. I don't think it should stop here, I think it needs to be looked at again, people need to go to their neighbors. Torn, there needs to be something, I don't know where you think you are going to draw the line, from comments I heed, more will make everyone happy. Biggest concern is leaving some thing in place, I don't have to much of a problem as It stands now except the implication of it if it passes. Supervisor Owens Bob, do you get a sense of where I was trying to communicate we are taking on a lot of problems simultaneously without really knowing what is out there and what we are heading into. That is why I am prepared to take a step back and try to simplify what we have going. 95% of the people I have spoken to would like to see junk car issue 5 147 PP- addressed, but I think it can be done in a simplified fashion. Junk yards a real concern because 1 can see us passing this and grandfathering every junk yard out there. According to this law It would mean anybody in or out of business, anybody who has a junk yard in the family for 10 - 5o years now grandfathered and once licensed and in compliance are there. Defeats what the people of the town have said "Lets reduce the number of junk cars." Bonnie Griffin - Simpiified would be nice. Why budget cuts now, when so much time and money on rewording the N. Y. State law, on the survey, postage, etc., how much money has gone into this, now we are at the point were we are going to reject it because it's not simple enough. Why did we go this far? Why was it approved to spend so much money on all the expense and material involved in collecting the town's opinion when it comes down to the wire we are saying no it's to complicated. Why didn't we bring that forward before we spent this money? Ludicrous that we spent so much time and money on developing a modification to the N. Y, State law and now at the 13th hour we are saying to complicated, we need some thing simpler. We have already polled the town, got a decent response to a survey and according to the response the town wants a law and would be satisfied with a modification of the N. Y. State law. Bertha Hubbell - Law passed, date of effectiveness set, work up to implication. Councilman Dougherty- I polled all neighboring towns, came back with names of town and how much they paid their code enforcement officers and how they enforced their code enforcement. Brought all this information back to the board. Supervisor Owens called for a role call vote. Councilman Doughtery Aye Councilman VanNederynen Nye Councilman Newhart Nye Councilman Achilles Nye Supervisor Owens Nye JUNK CAR MEETING - Scheduled for Wednesday, March 23, 1994 at the Community Building at 6:30 p.m.. Election Machine Custodian Election Machine custodians appointed by Board of Election. 6 4 148 Security of Building Changing lock on front door. Sign for keys with town clerk. MONTHLY BILLS Motion made by councilman Achilles that the Town Board of the Town of Enfield approve for payment warrants 61-85 General Fund and warrants 30-51 Highway Fund. General Fund $6,778.71 Highway Fund $13,837.82 CELLULAR PHONE - What is going on concerning cellular phone tower. Supervisor checking in to it. HAEFELE TV FRANCHISE Jack Hubbell asked if Haefle TV Co., Inc. needed to contact the Town Board before a price increase and if so did they? Supervisor Owens will check in to this. NEW BUSINESS Motion made by Supervisor Owens that the Town Board of the Town of Enfield adapt a resolution in support of SARA. Seconded by Councilman Achilles. Carried Unanimously Cleaning Town Hall Supervisor Owens and Town Clerk to talk with custodian. ADJOURNMENT Motion by Councilman VanNederynen for adjournment. Seconded by Councilman Newhart. Canted Unanimously Respectfully submitted, c. Alice Laue Town Clerk 7