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HomeMy WebLinkAbout1994-04-06 155 pp- TOWN OF 'ENFIELD TOWN BOARD MEETING Wednesday, April 6, 1994 6:30 P.M. The regular meeting of the Town Board of the Town of Enfield met Wednesday, April 6th, 1994 at the Enfield Community Building, 182 Enfield Main road at 6:30 P.M. with the following members present: Jean Owens, Supervisor Pat Dougherty, Councilman Garry Achilles, Councilman Carl D. Newhart, Councilman Linda VanNederynen, Councilman Others Present: Alice Laue, Town Clerk Ron Updike, Highway Superintendent M. Clyde Hubbell, Town'Historian John Smith, Cemetery Committee Mike Williams, Planning Board PLEDGE OF ALLEGIANCE Supervisor Owens led the assemblage in the Pledge of Allegiance to the American Flag. APPROVAL OF MINUTES Councilman Dougherty: At the last meeting several items were.referred to difference committees. When something like that happens what is the next procedure. Places that I belong to, they either refer it to the committee for study and report back or refer it to the committee for action and report back. What do we do? When we refer something to a committee where does it go? Supervisor Owens: We wait for a report from the committee is my understanding. Councilman Dougherty: A committee personally takes it up themselves to call a meeting, the Highway committee or whatever their committee happens to be. • Supervisor Owens: right The regular Town Board meeting minutes tabled until the April meeting. 1 156, Motion made by Councilman Dougherty that the March 2nd, 1994 Special.Town Board Minutes on the Junk car Hearing be approved. Seconded by Councilman Newhart. Carried Unanimously Motion made by Councilman Achilles that the March 23rd, 1994 minutes of the Special Executive Town Board Meeting be approved. Seconded by Councilman VanNederynen. Carried Unanimously PRIVILEGE OF THE FLOOR- Bruce Lott- Sage road, not aware of a Junk Car Committee meeting March 23rd. Would like to know what happened. Supervisor Owens summarized meeting. Chairperson Councilman Dougherty resigned. Chairperson not reappointed with the interest of perhaps sharing_ the responsibility until it was decided that there was a person who would like to chair that committee. Councilman Newhart drafted a letter to the New York State Department of Motor Vehicles requesting information about junk yards that are in town, who are licensed and under what type of license. Junk Car Committee waiting for return of this information. Since the March 2nd special meeting on Junk cars Mr. Lott has talked with several people who are adamantly against a junk car law. People involved in a used cars and have recyclable automobiles. They would be having,another meeting next week.. Possibly forming a volunteer committee that could accept letters or complaint about junk cars sent to the Town Board. Committee would talk with the individuals and try to get them to remove their cars or whatever to satisfy the complaint. After next week's meeting will have some time more substantial to bring to the April board-meeting. Supervisor Owens- Are you forming a citizens Committee? Bruce Lott - Yes, a Citizens committee of people pretty well known around Enfield who would volunteer to go and talk with individuals rather than someone going out and writing a ticket and processing the mater through the courts, we thought that if we could show the Town Board that this could work and were interested enough to make it work we could handle it on a voluntary basis in that direction. Speaking for Posie Willard on his complaints on the used car dealer parking cars on Teeter road, etc. We talked with the State Police and the commanding officer felt that the Sheriff's Department was not the ones to call, but if the Town Board was willing to send the New York State Police and the violator a letter saying these people were violating the law on such and such a road they would take care of it and he felt it was a much better way to handle it. 2 1 57 Councilman Newhart in reference to Teeter Road. He stopped and talked with the owners of Shade Tree Auto and informed them of what happened at the board meeting in regards to the complaints, etc. They said they understood and would try keep cars off the road. Shirley Hubbell - Harvey Hill Road - Brought the junk car issue to the board a year ago, not asking for a law and feels that this junk car; junk yard, dealer thing came about was when the town attorney stepped in as that is when these car as started appearing in call the.literature we got. She has nothing against the junk yards. Her objections are about her neighbors who still have eight junk cars in their door yards who told her they were trying to clean up. What Mr. Lott says sounds very good but in one breath he is saying he is against our drying anything with the junk cars and in the next he wants to form a committee that is going to help with them. Who is on this committee and are they working for the people that own property and are complaining because this is deteriorating our property? Since this started a year ago she doesn't see any change at all. Spokespeople for residents of 535 Enfield Center Road address - (John Tagliavento; Joseph Tagliavento, Shawn Drake, Bill Eisenhardt, David Jacobson). What needs to be done so the Town of enfield can take over this road. During the winter with a lot of snow, this road is not accessible to fire or emergency vehicles. There is no possible way for these vehicles to reach a resident. Last winter 3/4's of the people missed two days of work because they were snowed in. Where does our tax money go? Why do we have to take it out of our pockets? We pay taxes and have nothing to show for it. Councilman Achilles - Was road built to Town of enfield specifications? Councilman VanNederynen - History of this road goes a long way back. Original owner/developer knew road had to be built to Town "specs" and it was not. People have looked at this road over and over and it still isn't up to "specs". It isn't the Town's responsibility, it is the property owners responsibility. Supervisor Owens - There are a few things that have taken place'that we are going to update. The County Assessment Office is attempting to find out how individual landowners can gain access to the road so they can own it. At present this is in "limbo" because the County won't foreclose on it and Alfred Eddy won't'pay the taxes. The county doesn't want it. Possibility county will waive the back taxes (not a guarantee) to get it into individual ownerships so that we can work on it. Possibility of taking core samples to see what has to be done and how much it would cost. If it's upgrade, it may not take that much, from what I understand there is the possibility of a nice gravel base, this needs to be determined. 3 158 Highway Superintendent Updike - What is your address? 535 Enfield Center Road Highway Superintendent Updike You have an address on Okay. My point is right now now that is a driveway. Enfield Center Road. That driveway,`that is all it is at this point, is an access to your houses. In the legal aspect your address is Enfield Center road and the Town is meeting the "spade" of the Town for this road maintaining Enfield Center Road. Upon T it as a own road then it falls under the Town the Town Board needs to vote to accept Highway to maintain. Bill Eisenhart - What rules and regulations does the Town have�� � f wants to edTownp the land and what criteria does the Town have for r development.rs what he has to do. go to people developing lots, tell construction workers/develope An developer Is there any possible way we can propose this doesn't happen again. Y putting in building lots right away has tol the t telll theboard m then and there what.the going to be Putting in a road and the Town has Town of enfield "specs" are and have our inspectors watch to make sure road is put into our "specs." Supervisor Owens - Planning Board should take care of that. Shawn Drake - have here says"To convey such road ways to the Town of Enfield My deed which I for purpose of a public road without the further consent in writing hereon" that practically is saying that he would give the Town of Enfield the road. Are we going to fight over the ownership? Highway Superintdent Updike - What has to be clarified is, and I think the Board of Assessment, from talking with Jean, if they go to foreclosure on this for non payment of taxes is that they are going to work away to Possiblyn this footage on to each and everyone of Your lots, get the open legal work done and everything at no cost to you to where you will own to the center of the driveway at this point. Once you have that hurdle taken care of then Q a twhere art talking about the hurdle of building up the road or what has to be doneTown will take it over. I have no problem with taking that road over upon meeting specifications. David Jacobson - I have lived there for nine years, gone before the►Town Board on several occasions in the past in respect to this issue of the road. Believe in 1987 issue of road.came to surface again with the people living on it at that time. It was my understanding that the road in, when I purchased my property<that the originally when Alfred Eddy put nfield had road was put in according to Lansing's spedficat the Town of E no specifications that could be presented to him. Is it possible to have some-one 4 159 pp- go back and research the minutes of the meeting when this was supposedly taking place with Mr. Eddy (1982-83) and see what was said verbatim, because thero are a lot of discrepancies that I have picked up on over the years concerning this issued.. There should be some documented literature as far as what transpired or talked about • in the dearly development. Supervisor Owens - Under the Freedom of Information Law you have the right to request from the Town Clerk in writing what information you are looking for. MEETING WITH residents of 535 Enfield Center Road address Wednesday, April 13th, 1994 at the Town Hall at 6:30 p.m. Dan Winch -County representative Some of these same problems existed eight years ago because some of the properties were purchased under land contract. Every thing said tonight is true. Legal situation needs to be resolved before town can take over the road. We want to help. Councilman Doughtery - Dan, please identify yourself and your position. Dan Winch, County Representative. Supervisor Owens - Please look at your deeds concerning right of ways and bring them to the meeting. Highway Superintendent Updike - If any questions feel free to call and leave a message if i am not there. I will call back and try to answer your questions before the meeting. Bertha Hubbell - When carpeting is completed at the Town Hall it should not include the restroom area. COMMUNICATION - SPCA is working with the county to develop a local ordinance relating to the licensing of cats. Cat licensing would contribute relief to four problems we all share, rabies exposure to humans, cost of cat control, cat over population, lost cats being returned to owners. SPCA is forming a task force to study this issue and would like anyone interested to join them. Meeting is the first Tuesday of each month at 12:00 and lasts no longer than one hour. COMMITTEES- County Board Representative- Peter Meskill Public Safety Meeting E-911 making presentation next Tuesday (4/12/94) afternoon at 4:30. After presentation referred back to Public Safety Committee. Solid Waste Committee meeting held this week. Favorable discussion towards having a Fall Clean Up in September of this year run similar to the clean up run before dump was dosed. 5 160 Highway Superintendent - Ron Updike Since last meeting town snowplows/cinder trucks have not encountered any cars parked along Teeter Road. Since localized flooding with rapid run off a°ews have • been fixing road shoulder and still have some to fix. Repaired mouths of washed away driveways, installed one driveway pipe that had to be tam out during th it time. Garbage dumped on Harvey Hill Road, a couple of bags, called garbac.a cop, he ig supposed to look at it, bags still there, dogs have been in It and pair of d pats added. Major break through of culvert pipe on Harvey Hill Road had to dig it'( ill. Portion of the road washed out, when they got digging found out when pipe was inozlled crushed up hot water heaters, etc., laid against the pipe ends and path .)f resistance was water running under the culvert pipe and when it froze it came `'6.the surface and took out the road. Dug it out, lowered the ;pipe and it h-.s been ten since work was done and it hasn't washed away. Hauling stone for spring work. Today they worked on the mud problem on Griffin Road. Question - Councilman Dougherty I read in the Town Association magazine that the:state is preparing to spars supplies, such as salt and fuel with the towns to prever t. future shortages. Is something that Enfield is going to be apart of? Highway Superintendent Updike -Truthfully I don't know anything about this. Councilman VanNederynen - This was based on the fact that some municipalities couldn't get salt, so there%i price gouging, they were talking about stockpiling and h wing their own piles arou.id the state where towns can go for salt. Highway Superintendent Updike There could be a major problem another year with the disaster in Tyler, that n line may never be reopened and a high percentage of the salt used in New Yark Stat came from that mine. Cargill is working twenty-four hour shifts and building another storage facility and will be working longer summer hours to build a stock pile. At t,ie last highway meeting.they were recommending that all trywn that use salt fill their sheds this Spring. We don't use slat because of gravel roads. Councilman Dougherty- I read that Mr. Egan changed adminstrative procedures and stream lined its program six month ago for CHIPS funding and he is,urcjing town officials to take to their state legislators. Highway Superintdent Updike - I am in contact with Marty Luster quite a lot about this. Councilman Dougherty - When we purchase gasoline can we purchase it without paying federal tax? Highway Superintendent Updike - • Right Bertha Hubbell - What is going to be done about the bridge on Harvey Hill Road/ s 161 Highway Superintendent Updike There is scale of i -7 per flag that the state uses when they look at a bridge. They • have rated that bridge as a four. It is not a town bridge, surface is the town's, bridge is county's. I talked with the county, who feels the bridge Is perfectly good compared to others, and was told not to worry about it. What about the:fall away area? Highway Superintendent Updike - County is supposed to look at that. May come back on the town's shoulders and if so the town will do something about it. Fire Company - Dominic Seaman Fire Company had 218 calls last year. 70 calls this year in a little over three months. EMT's service adequate. Enfield has five EMT's, Larry Stillwell, Roger Laue, George May, Marty Schreiber, Greg Kirchgessener. Refresher courses are taken every two and one-half years. Courses are expensive and are not state funded. Councilman VanNederynen - Talked more about the community sign and are going to hold off on it. Town Historian- Jack Hubbell School requests him to put together a display of photographs which is presently displayed in school display case. Display is of old farm machinery, barns, houses, etc. Commerative Committee -Jack Hubbell Commerative Committee meetings are every fourth Wednesday of the month. Anyone interested in joining this committee is welcome. Planning Board - Mike Williams, Co-chairperson, March was a good month, we had a quorum and got some business done. Questions from Planning Board to Town Board Mobile Home Ordinance, when will it be finished? Supervisor Owens - I talked with Town Attorney, Bob Mulvey, today and he is putting it at the head of his calendar to complete it. At this pint he believes it will have to go back to public hearing because it has required more than minor changes in wordage. Can you explain why he approved it an now has to change it? We can ask him that. State rejected it and I believe we may have presented it in the wrong format. The Planning Board would like the opportunity to see what changes are before a public hearing for no other reason so we know the changes so we don't submit papers that will be rejected. Supervisor Owens - I believe process would be to present it to the Planning Hoard for review and also the Town Board would have to review it. 7 1 6 2 It would be nice to get it in place, it was approved January 1993 and still not in place. Roger Rumsey is getting inquires about this now. Councilman Dougherty- Would it make sense for the Planning Board to draft a letter to Mr. Mulvey reiterating the questions brought up +� Sounds good, but we don't want to badger him so he pigeonholes it either. Work with him, get it back and have a good working relationship, but when is it going to happen. Supervisor Owens- Maybe when its together it would be be a good time to circulate copies to the Planning Board and ask Mr. Mulvey to meet with the Planning Board to answer questions. Planning Board meeting is in two weeks, would it be possible for him to come to that meeting and talk with us. Supervisor Owens- I will call and invite him to the Planning Board meeting. PLANNING BOARD MEETING - Thursday, April 24th, 1994 at the Community Building at 7:45 p.m. Councilman Achilles - What regulations does Planning Board have at present on Sub-divisions? Did you hear the discussion tonight on the problems on the road being built not to "specs"? Mike Williams- Certainly a big component of Sub-divisions we are working on ncw. Big problem is people build roads that are sub-standard and expect the town to take them over. Councilman Achilles - If I were a sub- developer, what rules and regulations are Unere now? Mike Williams- None, you would need a health department permit. Councilman Achilles - Town has no rules and regulations? Mike Williams- Number two behind Mobile Home Park Ordinance. We have drafts of Sub-divisions regulations from other communities, we are trying to plain English things, we don't want to smother people with papers they have to submit and a lot of detail. Jack Hubbell - Site Plan Review, does that have any bearing? Mike Williams - No. Site Plan Review is probably number three behind above two mentioned items. Site Plan review shot down a couple of years ago, we want to review it and resubmit it. Jack Hubbell - We don't have a site Plan Review? I though that the project on Black Oak and Harvey Hill road was approved. 8 163 Mike Williams Plans submitted by developer, Berkshire Land Development, for approval which we did because of the moratorium against that sort of development, so they came to us and asked for a waiver and we approved it. There is a blanket waiver against development. It goes back a long time, my suspicion is, if it were challenged I don't know if it would hold up. I don;t think a town can put in a motion and have it for five or six years. Jack Hubbell - As I recall that was a local law, not a motion. Supervisor Owens - Not enforceable over a certain period of time according to Town Attorney. If contested it would be thrown out of court. Longevity of it, you can't have a moratorium, no one can ever build anything ever again. Mike Williams- We have vacancies ( possibly two). Need new members. Is it best to have interested members of community send letters to the Town Board or Planning Board or both, what are the feelings about this? Basically encouraging people to send them to the Town Board unless you te!I us that isn't necessary. Thinking about advertising in classified aids for Enfield residents who are interested. Councilman Dougherty - Rica Chase said at the last meeting he was very interested in being on the Planning Board. Mike Williams- Roger Rumsey attended the last meeting and went through the whole building permit process to clarify with us how it works. Would like copies of building permits and the fire department would like copies also. Councilwoman Doughtery - Minutes and letter very informative. Three areas I want to comment on. Roger Rumsey said he had a copy of local law#f1 1984. We are in the process of putting all local laws and major resolutions, motions in a computerized form for easy access. Mechanism to tell fire company of new construction purposed that we formulate something so that it would be happening. For better communications purposed at some point in time(like at the beginning of the year) that we set up meetings with the Town Board and the Planning Board, Town Board and Fire Department. CEMETERY COMMITTEE- John Smith Attended Cemetery meeting in Rochester. Meeting basically on grounds. COMMUNITY COUNCIL- Written financial report. 9 164 MONTHLY BILLS - Delete from Highway bills Cornell Loral Roads Safety School - $100.00. Add to General Funds Cornell Local roads Safety School - $100.00 Delete Wickes $82.00 from General Funds until new estimate is obtained. Councilman Dougherty- Everything on this list has not.been done. Nothing paid, we are authorizing the above bills to be paid. Supervisor Owens - - Correct. When it involves some kind of a work process I make sure it is something the Town Board is going to approve for payment. Don't purchase in advance. How do I differentiate? Only ones paid are listed already paid. things taking place place here are ones we have gone ahead and done 99.99% positive Town Board want it to happen. Passed resolution authorizing highway superintendent to make payments in advance. Jack Hubbell - I was under the impression that the Town Board could not authorize payment unless services have been rendered. General consensus - Town needs to use voucher system. Supervisor Owens will check into this. Motion made by Councilman VanNederynen that the Town Board of the Town of Enfield approve for payments warrants 86-33 General Funds and warrants 52 - 72 Highway Funds. Seconded by Councilman Achilles. Carried Unanimously UNFINISHED BUSINESS Transfers From Contingency Fund A1990.4 $10.00 to A1010.4 Town Board Contractual $500.00 to A1220.4 Supervisor Contractual $100.00 to A1315.4 Bookkeeper Contractual Motion made by councilman Newhart that a total of$610.00 be transferred from the Contingency Fund into the Town Board Contractual, Supervisor Contractual and Bookkeeper Contractual Funds. Seconded by Councilman VanNederynen. - Carried Unanimously 10 f 6 :3 Mike Williams Plans submitted by developer, Berkshire Land Development, for approval which we did because of the moratorium against that sort of development, so they came to us and asked for a waiver and we approved it. There is a blanket waiver against • development. It goes back a long time, my suspicion is, If it were challenged I don't know if it would hold up. I don;t think a town can put in a motion and have it for five or six years. Jack Hubbell - As I recall that was a local law, not a motion. Supervisor Owens - Not enforceable over a certain period of time according to Town Attorney. If contested it would be thrown out of court. Longevity of it, you can't have a moratorium, no one can ever build anything ever again. Mike Williams- We have vacancies ( possibly two). Need new members. Is it best to have interested members of community send letters to the Town Board or Planning Board or both, what are the feelings about this? Basically encouraging people to send them to the Town Board unless you tell us that isn't necessary. Thinking about advertising in classified aids for Enfield residents who are interested. Councilman Dougherty - Rica Chase said at the last meeting he was very interested in being on the Planning Board. Mike Williams- Roger Rumsey attended the last meeting and went through the whole building permit process to clarify with us how it works. Would like copies of building permits and the fire department would like copies also. Councilwoman Doughtery - Minutes and letter very informative. Three areas I want to comment on. Roger Rumsey said he had a copy of local law#1 1984. We are in the process of putting all local laws and major resolutions, motions in a computerized form for easy access. Mechanism to tell fire company of new construction purposed that we formulate something so that it would be happening. For better communications purposed at some point in time(like at the beginning of the year) that we set up meetings with the Town Board and the Planning Board, Town Board and Fire Department. CEMETERY COMMITTEE- John Smith Attended Cemetery meeting in Rochester. Meeting basically on grounds. COMMUNITY COUNCIL- Written financial report. 9 1 6 4. MONTHLY BILLS - Delete from Highway bills Cornell Local Roads Safety School - $100.00. Add to General Funds Cornell Local roads Safety School - $100.00 Delete Wickes $82.00 from General Funds until new estimate is obtained. Councilman Dougherty - Everything on this list has not been done. Nothing paid, we are authorizing the above bills to be paid. Supervisor Owens - Correct. When it involves some kind of a work process I make sure it is something the Town Board is going to approve for payment. Don't purchase in advance. How do differentiate? Only ones paid are listed already paid. things taking place place here are ones we have gone ahead and done 99.99% positive Town Board want it to happen. Passed resolution authorizing highway superintendent to make payments in advance. Jack Hubbell - I was under the impression that the Town Board could not authorize payment unless services have been rendered. General consensus - Town needs to use voucher system. Supervisor Owens will check into this. Motion made by Councilman VanNederynen that the Town Board of the Town of Enfield approve for payments warrants 86-33 General Funds and warrants 52 - 72 Highway Funds. Seconded by Councilman Achilles. Carried Unanimously UNFINISHED BUSINESS Transfers From Contingency Fund A1990.4 $10.00 to A1010.4 Town Board Contractual $500.00 to A1220.4 Supervisor Contractual $100.00 to A1315.4 Bookkeeper Contractual Motion made by councilman Newhart that a total of$610.00 be transferred from the Contingency Fund into the Town Board Contractual, Supervisor Contractual and Bookkeeper Contractual Funds. Seconded by Councilman VanNederynen. Carried Unanimously 10 165 Amendments To The 1994 Budget A7320.4 Youth Services add $2,675.00 making the amended amount$30,529.00 A1620.4 Buildings add$45,000.00 making the amended amount$70,000.00 DA5142.1 Highway Snow Removal add $6,700.00 making the amended amount$32,700.00 Discussion - See Councilman Dougherty's attached concerns. Motion made by Councilman Dougherty that the Town Board of the Town of Enfield approve the Youth Services and Highway Snow Removal amendments to the 1994 budget. Seconded by Councilman Newhart. Carried Unanimously COMMUNITY BUILDING - Councilman Dougherty expressed her concerns and questions (see attached). Questioned are septic system, water supply, what office and number of offices to be in community building. Is engineer's report in writing, total overall cost, etc. COMMUNITY BUILDING MEETING - April 18th, 1994 at the Community Building at 6:30 p.m. SPCA Motion made by Councilman Achilles that Supervisor Owens enter into a contract with the SPCA for dog control for the 1994 year. Seconded by Councilman VanNederynen. Carried Unanimously TOMPKINS COUNTY YOUTH BUREAU Motion made by Councilman VanNederynen that Supervisor Owens enter into a contract with the Tompkins County Youth Bureau for the 1994 year. Carried Unanimously 11 166 Councilman Dougherty - Does municipality have insurance policy on file with Tompkins county Budget and. Finance for current period? Supervisor Owens - • Request in fur certificate, have coverage. CELLULAR TOWER Councilman Newhart reported - Nothing in records about selling. Can only be used for cellular phones. New TV system not micro wave. Tower can be used for cellular communications only according to Town resolution. If they go out of business, tower has to be torn down in six month. Can b e sold only to cellular phone outfit. Yes, the let someone use those coordinates for an application for a new TV system but before they could allow anyone 5o do anything they would have to come before the Town Board to ask permission. HAEFELE TV- Supervisor to check about rate increase notification. NEW BUSINESS Motion made by Councilwoman Achilles that Bertha Hubbell be named to the Commerative Committee. seconded by Councilman Dougherty. Carried Unanimously MEETINGS SCHEDULED FOR MONTH OF APRI.L 535 Enfield Center Resident Meeting April 13th, Town Hall 6:30 p..m. Community Building Meeting - Wednesday, April 18th, Community Building, 6:30 p.m. Planning Board Meeting- Thursday, April 23rd, Community Building 7:45 p.m. EXECUTIVE SESSION Motion made by Councilman Achilles that the Town Board of the Town of enfield go into Executive Session . Seconded by Councilman VanNederynen. Carried Unanimously • 12 167 Motion made by Councilman Dougherty that the April 6th, 1994 Executive session be opened. Seconded by Councilman VanNederynen. Carried Unanimously Motion made by Councilman VanNederynen that the April 6th, 1994 Executive session be adjourned. Carried Unanimously Motion made by Councilman VanNederynen that the Town Board of the Town of Enfield adjourn. Seconded by Councilman Achilles. Respectfully submitted, CC/c, Alice La Town Clerk 13