HomeMy WebLinkAbout1995-04-05 102
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TOWN OF ENFIELD
TOWN BOARD MEETING
WEDNESDAY, APRIL 5TH, 1995
6-30 P.M.
The regular meeting of the Town Board of the Town of Enfield was held
Wednesday, April 5th, 1995 at the Enfield Community Building, 162 Enfield Main
road, Ithaca, N. Y. Superviscr Owens presiding.
Present: Jean Owens; Supervisor, Pat Dougherty, Town Councilman, Linda Van
Nederynen, Town Councilman, Garry Achilles, Town Councilman, Lanny Clark, Town
Councilman.
Others Present: Ron Updike, Highway Superintendent, Alice Laue, Town Clerk.
Pledge of Allegiance:
Supervisor Owens led the assemblage in the Pledge of Allegiance to the Flag.
Approval of Minutes:
Motion made by Councilman Achilles and seconded by Councilman Clark that the
Town Board of the Town of Enfield approve for adoption the regular minutes of the
March 1, 1995 Town Board Meeting with the following c,�orrections,
Page I Change March 1, 1995 to February 1, 1995.
Councilman Dougherty abstained due to receiving minutes late.
Page 4 Councilman Dougherty abstained because same motion appears in
February 1, 1995 minutes.
Page 4 & 5 - Change Carried Unanimously to Carried.
Addition or Deletions to Agenda-
Motion made by Supervisor Owens and seconded by Councilman Achilles that the
Town Board of the Town of Enfield approve the deletion of the Town Board Planning
Board report from the April 5th; 1995 agenda and add Department of Social Services
moire and letters of congratulation to the Trumansburg Blue Raider and the Ithaca
High School Girls Basketball teams under New Business.
Carried Unanimously
Communications:
Information from from Association of Towns attorney in regard to Soldiers license.
Privilege of the Floor:
Jack Hubbell, Hubbell Drive
Inquired about the question of gambling. Subject to be discussed at May Town
Board meeting.
Questioned recent Haefele TV rate increase. Letter from Haefele to town indicating
addition of channels and rate increase is on file. Local Cable Commission to be
Town Board Meeting Minutes - April 5, 1995 2
discussed at next town board meeting.
Committees;
Tompkins County Board Representative - Peter Meskill
Explained vote in relation to Dept. of Social Service move. First resolution was to
discontinue expending Capitol Improvement montey on the old Biggs Building - only
maintenance to go on while build is in use. Second resolution was to explore further
the possibility of construction or renovating another building for office space for the
Dept. of Social Services; Probation, EOC, etc. Number of downtown sites being
looked at, looking at remaining on West Hill side. Main reason for resolution changes
were to be able to explore and obtain hard, fast numbers. Major capitol expenses and
want to be sure of what we are doing. Second, didn't want to give up negotiating hand
to the city. We feel, if we are negotiating in good faith with the city, we need to hold
back until we have negotiation on a set price and a set agreement in place before
decision to move to city is made.
Councilman VanNederynen expressed concerns about how this move will effect the
Town of Enfield.
Enfield Community Council - Karen Anderson
Focusing on summer camp using community building with a nature focus doing
activities like Cayuga Nature Center uses. Less children this year because Chapter I
Summer School will be downtown. Working on details. Community Council hopes
any renovations to building be done after summer camp ends. Team Program,
Adventure club, prop-in- Program still in operation.
Supervisor Owens reported that there will be no Moving Up Tutoring program. No
funding for program. Need to explore other possible tutoring programs.
Enfield Fire Company - Larry Stilwell/Councilman VanNederynen
Nothing new to report. Tanker sold to Speedsville.
Highway Superintendent - Ron Updike
Flashing Beacons - Found out what cost of flashing beacons at the school will
be ($3000.00). Permit won't be applied for until we find out what NYSEG is going to
do. If NYSEG does work for us, they are already bonded. Wires will go over head,
most feasible way to do it. Mike McCilelan handling everything at this point. If NYSEG
won't do work, then we will have to go ahead with permit and bonding. Everything is
on hold.
Fuel Tanks-
Ordered - tentative shipping date April 17, 21995. Once received, schedule with
Cortland Tank to get fuel transferred and digging will start for removal.
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Town Board Meeting Minutes - April 5, 1995
Phone call from Betsy Darlington regarding Finger Lake Trust. Elizabeth
Stevenson Bennett, Windsor, N.Y. - originally from Enfield, Harvey Stevenson's
daughter, donated twenty-five acres of land to the land trust on Trumbull's Corner
Road; bordered by Auble and George. Cleaning up roadside, getting all the trash into
a pile and they asked if town would haul trash to land fill. I have no problem doing this,
but will not pay bill. Talked with Barbara Ekstrom, who has agreed that there are
monies available to pay for this.
Route 13 and 327 traffic light, talked with David Boyd. DOT will use wait and see
approach and as needed basis for a light. Same for Route 13 and Five Mile Drive.
Proposed construction projects and hang up with in the county during 1995 season
which will effect us are the Octopus, Buttermilk Falls Bridge, Shady Corners all going
in at the same time. The one effecting us the most will be the Mecklenburg Bridge, out
until November.
Planning to re-do Griffen road this year, at least start it. Octopus construction on
hold until state budget is passed.
Question asked if there were any plans for Bostwick Road. Town Highway
Department will try to maintain it for a year, until next budget year.
Signs ordered for Rumsey Hill Road, will be here in a week and a half. Several
Rumsey Hill residents called expressing concerns about speed road is traveled.
Finger Lakes Trust looking for volunteers to help clean up.
DOT will possibly have a bulldozer in Enfield Creek by Stilwell's within ten days to
straighten creek out. Owner responsibility but DOT would like riff-raft put in to maintain
Creek banks.
Monthly Bills:
Motion made by Councilman Achilles and seconded by Councilman Clark that the
Town Board of the town of Enfield approve for payment General Fund warrants 91 -
118 in the amount of $55,332.41, Small Cities Grant (HUD) warrants 9 - 11 in the
amount of $18322.78 and Highway Fund warrants 59 - 80 in the amount of 7326.14.
Carried Unanimously
Unfinished Business:
Gravel Pit - Supervisor Owens
Councilman VanNederynen able to attend with Supervisor Owens, Mike Baryiski,
DEC, Bill Mobbs, working with Jim Bailey, Jim Bailey, owner of gravel pit, Norm Pure
and Ilan Fish, residents of area a week ago, Thursday, March 30th, on site to discuss
what was going to happen with the Bailey Gravel Pit. Supervisor received a call from
Mike Baryiski saying he had been out and taken a look at the location and saw no
reason prohibiting the issuance of a permit and I asked if he would meet with us on
site and he did that. He wanted to keep the meeting very low key and wanted to
restrict the number of people who were coming out to meet and I thought the meeting
went quite well. Jim Bailey made some large concessions to the residents concerns.
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Town Board Meeting Minutes - APRIL 5, 1995
Mike Ba,ryiski, DEC, said it was one of the most generous negotiations he'd had seen.
They have not issued the permit, but I think that will happen within the next one to two
weeks from what Mike Baryiski has indicated. The operations would be Monday
through Friday, 7:00 to 5:30, one Saturday per month and that would be a floating
Saturday for the same hours. Front section, facing Gray road, right by Norm Pure's
house, all of the trees, the big spruces, etc., would be left as well as the bank would be
left there and they would build up the bank on VanDorn Road so there would be no
access or view from VanDorn Rd. Only exit from the pit would be across from Don and
Diane Lovelace's between the garage, where the garage is way over on Gray Road.
Councilman VanNederynen - They would be bearing the brunt of the traffic.
Supervisor Owens, Yes, the Lovelace's.
Councilman VanNederynen - Unfortunately.
Councilman Achilles - going which way, 327?
Supervisor Owens - Ron and I had discussed that prior to the meeting and it is his
intention (Ron's intention) to post the road and that includes Gray road, VanDorn
Road, Colegrove Road, where any of the trucks would be coming out from that pit. The
other individual there was Mr. Walsh from Economy Paving, who appears to be the
contractor that is in the lead for the purchase of the gravel, so we were able to discuss
with him the fact that the roads would be posted and he said he expected it. He would
expect it,.that is what town's always do when he starts work. He would come out right
on Gray Road, turn right, to a couple 100 yards, go left on VanDorn Road and he
would be out on 327, not travel any other roads.
Highway Superintendent Updike- By posting from that point on I think we can
leave some leverage. If I post the roads totally there is a law that says you can't stop
local commerce and that would almost fall under local commerce. By working with
them
Councilman Achilles - You are putting weight limit postings?
Highway Superintendent Updike - ICON.
Councilman VanNederynen - There could be severe legal ramifications
Highway Superintendent Updike- Right.
Councilman Achilles- what are the residents feelings on this?
Highway Superintendent Updike - Everyone I have talked to said they were happy
with the fact we were at least posing the roads.
Supervisor Owens - There won't be any work on any Sundays or holidays. I think
Norm Pure is probably
Highway Superintendent Updike- Norm is going to take the brunt of it, the most
upset, right. Him and Lovelace's.
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Town Board Meeting Minutes - April 5, 1995 5
Councilman Achilles - Do we have any guarantee that this is not going any further
then the five acres that they originally
Supervisor Owens - No.
Highway Superintendent Updike - No, they are going thirteen, I can almost
guarantee it.
Owens- Thirteen.
Councilman Achilles - They are going thirteen? Highway'Superintendent Updike
I guarantee it.
Councilman Dougherty- What was the date of the meeting, Jean?
Highway superintendent Updike - Friday, wasn't it.
Councilman VanNederynen - Thursday.
Highway Superintendent Updike - A week ago, tomorrow.
Councilman Dougherty - How many board members attended? Supervisor
Owens - Two.
Councilman VanNederynen - I would also like to have you check into commerce.
What, how this works, how the business works, there is a contractor involved and how
the sale of the gravel out of that pit, what the revenue, if any, how it works for the sales
tax, etc. What we would possibly get for
Highway Superintendent Updike - I don't think there would be any. But I don't
know, you and I talked about that.
Councilman VanNederynen - Rights.
Supervisor Owens - I don't think we will realize any kind of revenue.
Highway Superintendent Updike- I think it's a loss to the town to tell the truth, I
really do.
Councilman Achilles - What condition are they going to leave this area in when
they are done?
Supervisor Owens - It has to be reclaimed. Mr. Walsh talked about this, his policy
is to reclaim as he goes. That would be part of the stipulation of the permit itself, from
DEC, that the land is reclaimed in a specific fashion that they had talked about already.
Highway Superintendent Updike- That is in the gravel pit permit program now.
They have to have a reclamation process in place, and I think
Councilman Achilles - Are we going to be guaranteed this before the permit is
okayed ?
Highway Superintendent Updike - Supposedly DEC is very strong about this part. I
don't know.
Councilman VanNederynen - The bond is for this.
Supervisor Owens - It's part of the requirement.
Councilman Achilles - They've got one hole down there now.
Highway Superintendent Updike - But that was way back when" Hector was a pup"
and I don't know , there might be a reclamation bond on that too, I don't know.
Town Board Meeting Minutes - April 5th, 1995 6
Supervisor Owens - Mr. Baryiski checked out that pit, he rode with me and he
looked at that pit. Carpenters pit and he is taking a look at what qualifications for
reclamation there might have been placed on him.
Councilman Clark - How long do they have to get this gravel out? How many years
is this permit good for?
Supervisor Owens - They were talking as long as five year3. I don't know what the
limitation is, if it's on the permit or not.
Highway Superintendent Updike - I think the original application was five years.
Supervisor Owens - Yeah, they are talking about maybe being out of there in two or
three. The Economy Paving has won the bid for the Buttermilk Falls Bridge job.
Councilman Clark - Was there anything done with the well water issue's Was that
brought up?
Supervisor Owens - There will be a stipulation that if they touch, if they find water,
they have to back off immediately. That will be part of the permit.
Councilman Achilles- You will see this before they start. Is this just his verbal
agreement that they told you?
Supervisor Owens - See the permit? What the DEC works out with Jim Bailey is up
to the DEC. But it was my understanding that, he was writing as we were talking, he
was including all of that as his requirements in the permit process.
Highway Superintendent Updike - I think what Garry is asking is will we see the
permit before it is issued? I don't know.
Councilman VanNederynen - I don't think they are under any obligation.
Supervisor Owens- No.
Councilman Dougherty- At one point he was going to meet with the town board.
Supervisor Owens - He reneged.
Councilman Dougherty- Some how or other that got
Supervisor Owens - He re-nigged on it completely and I had to talk with him at
length to get him to come to this particular meeting. He is under no obligation to meet
with us. He wouldn't even meet if Ron was there. He wouldn't meet if a newspaper
reporter of any type was on location. He said he would leave.
Councilman Dougherty- But, what about town board members? I mean this was
Supervisor Owens - No more town board members. I asked for more town board
members. No. he wouldn't even allow Ron, the Highway Superintendent, or he
wouldn't meet.
Councilman Achilles - We don't have no backing with the moratorium?>
Supervisor Owens - None, it is no longer in effect. The moratorium, according to
the record book, from what I read, was in effect until the site- plan- review law was in
written and adopted or and it gave a period of a couple of years. It was a limited
period of time.
Councilman VanNederynen - Not only with the moratorium, I think this is not
pertaining or out of bounds of the moratorium.
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Town Board Meeting Minutes - April 5th, 199%
Supervisor Owens - if we had site-plan review on the books.
Councilman VanNederynen - If they were building a house there or a equipment
barn to store their gravel, backhoes, what ever, then
Councilman Achilles - Are you saying, there are certain thing that can be done in a
town without the board having any say about it.
Supervisor Owens - Correct.
Councilman Dougherty- Or only certain members of the board, because two
member of the board were there.
Highway Superintendent Updike - The board still doesn't have any say on permits,
basically.
Supervisor Owens; - Until we heard no say, I was allowed two board members. He
asked to meet with me and l'chose one other board member who lived in the closest
proximity to it, who 1 though would be most involved in the discussion of it and have the
most interest and that was it, I had no option. i asked him to come to meet with this full
town board and have residents present. No, he wasn't coming, so I wasn't given a lot
of options.
Councilman VanNederynen - We talked with Norm a little bit after the meeting too
and he, although disappointed, he didn't want to see it at all, but it was one of the
better negotiation and concessions and meeting when It gets this hot. The tower never
came close to this.
Councilman Achilles - But you feel they are pretty well satisfied?
Councilman VanNederynen - Within reason.
Supervisor Owens - Dr. McGurk is. Feels ok after talking with Jim according to
Norm Pure.
Highway Superintendent Updike - I am surprised Dan Fish is satisfied.
Supervisor Owens - Dan Fish, he seemed o.k.. Nobody is ecstatic about it.
Councilman VanNedeynen - But the concessions that Bailey was willing to make I
think surprised the neighborhood, basically and Bill Mobbs was pretty admit about
some of those things as well.
Highway Superintendent Updike- If the permit is issued, i am going after Jim
ahead of it to see N the town can use some of that gravel.
Councilman VanNederynen- Right.
Supervisor Owens - Certainly, if we can benefit from it locally that would be
Highway Superintendent Updike- That looks to me like that would be the only
benefit we would get out of it.
Councilman VanNederynen - As a grace, yeah. l would go for the "whole hog" as
much as, and I thought about that briefly, what else if there Isn't any sales tax revenue
from that for the town, outside of purchasing gravel at a little price,what other benefit
can we get.
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Town Board Meeting Minutes - April 5th, 1995
Supervisor Owens- The one thing that I carry say is that Mr. Walsh, from Economy
Paving, certainly seemed like a very honest, straight forward individual and Mike
Burosky from DEC indicated that Economy Paving had been a good company to.work
with in the past and I have asked them to talk with Ron specifically. That's were we are
at.
Shirley Hubbell - Again, there is nothing on the agenda about the Junk Car thing. I
would like to know what is happening.
Suparvisor Owens -There have been, to date, to my knowledge two complaints and
Roger Rumsey has written letters, talked to the individuals concerning the complaints.
I will ask for a report.
New Business -
Town Planning Board will be present at the next town board meeting to discuss the
development of the Site-Plan questionnaire. Tracy Smith has been in attendance,
however, what had been previously suggested was that we officially ask one of the
town board members each month to set in at their meeting. Is that the wish of this town
board to do something like that?
Councilman Achilles volunteered to attend Town Planning Board meetings for the
months of April, May and June. Councilman Dougherty to attend July, August and
September meetings. Meetings are the third Tuesday of the month at 7:45 p.m. at the
community building.
Motion May by Councilman Dougherty and seconded by Councilman Achilles that
Joe Schehr be appointed at the the Town of Enfield representative to the Tompkins
County Youth Bureau in Mamie Kirchgessner's place.
Carried Unanimously
Motion made by Councilman Achilles and seconded by Councilman Dougherty that
the Town Board of the Town of Enfield send a letter to the Trumansburg Boys
Basketball Team, the Blue Raiders, congratulating them on the superior job they did in
the tournaments.
Carried Unanimously
Motion made. by Councilman Achilles and seconded b Councilman Dougherty that
Y Y u9 rtY
the Town Board of the Town of Enfield send a letter of congratulations to the Ithaca
High School Girls Basketball team congratulating them on the superior job they did in
the tournaments.
Carried Unanimously
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Town Board Meeting Minutes - April 5th, 1995
Motion made by Councilman VanNederynen and seconded by Councilman
Achilles that the Town Board of the Town of Enfield propose the following resolution to
the Tompkins County Board of Representatives opposing the moving of the
Department of Social Services from the West Hill area.
RESOLUTION:
BE IT RESOLVED, that the Town Board of the Town of Enfield strongly opposes the
moving of the Department of Social Services complex out of the West Hill area of
Tompkins County.
Carried Unanimously.
Adjournment:
Motion made by Councilman Achilles and seconded by Councilman
VanNederynen that the regular meeting of the Town Board of the Town of Enfield
adjourn. Meeting adjourned.
Carried Unanimously.
Respectfully submitted,
Alice Laue
Town Clerk