Town of Richland Town Board Minutes -- TBM

Transcription

1 Town of Richland Town Board Minutes -- TBM June 10, 2014 The Town of Richland Town Board held its regular monthly meeting on Tuesday evening, June 10, 2014 in the Grand Jury Room at the H. Douglas Barclay Courthouse located at 1 Bridge Street in the Village of Pulaski, New York. Board members in attendance included Councilwomen Sue Haynes, Donna Gilson, Dawn Holynski, and Supervisor Daniel Krupke. ABSENT from this meeting was Councilman Kern Yerdon. Other Town employees attending included Security Officer Fred Killam, Dog Control Officer David Dunn, Legislator/Town Historian Shawn Doyle, Highway Superintendent John Fox, CEO/ZEO John Howland, and Attorney for the Town; Allison Nelson, and Town Clerk Robert North. Other attendees present for this meeting were Dale and Mary Bigelow, Judith Lynn, Bob Ferris, Emma and Tom Trainham, Pat Gregory, Jennifer Mooney, Steve Britton, David Scott, William and Rose McVicker, Sandra and Tom Langer, Joyce Hauman, Donald Merritt, Alan Hager, Sharon and Edward Norcross, Dan & Sarah Mack, Robert & Ricki Toppe, and Jennifer Scott. This meeting was brought to order at 6:00 p.m. by Supervisor Krupke leading the Pledge of Allegiance. At 6:02 p.m., Supervisor Krupke opened this meeting up for Public Comment. Mr. Krupke also asked that each speaker limit their comments to five minutes per person. The first person to speak in Public Comment was Robert Toppe. Mr. Toppe spoke of the safety on roads caused by Amish buggies and the horse droppings that line the roadways. Mr. Toppe informed the Town Board that a new Amish family has moved to the old Southworth Farm on the west end of Manwaring Rd. The house and farm entrance are on either side of the road. This is right on the crest of a blind hill. The farm animals cross the road at this same location. Mr. Toppe said he is afraid that someone or some animal will be hurt at this crossing. Highway Superintendent Fox agreed to mark the hill with horse crossing signs. Legislator Doyle also said he would try to get other Amish related signs installed. He also advised that he would relate this to Senator Ritchie s office as well. Mr. Toppe suggested that perhaps they could go down the road about 300 yards on either side and make their crossings at that point. By doing this, you can see the cows and horses crossing and have time to stop. Crossing at the top of this hill is very dangerous. Supervisor Krupke informed his audience that he had been in contact with the elders and will continue to correspond with them regarding the safety of drivers and of the family and their animals.

2 During Public Comment, Sandra and Tom Langer asked to address the Town Board. Mrs. Langer began by asking about Town ordinances that address outside drinking at taverns in the Town. She also asked if there was a noise ordinance. She specifically wanted to know if a tavern license from the NYS ABC board allowed for outside drinking. She advised the Town Board that the bar across the road form her house, MA BARKERS, was not in compliance with their tavern license. She also said that she now understands that they have now applied for a premise license that would allow them to sell and serve alcohol anywhere on the premises. Mrs. Langer said that their current license is a tavern license of which they can only sell and consume alcohol inside the building. Mrs. Langer said that the last few years they have set up a tent in the front parking lot and left it up all summer allowing outside consumption which at many times lead to excessive noise all hours of the day and night. Over the past years, Mrs. Langer said they have made complaints to authorities that have apparently fallen upon deaf ears. Mr. and Mrs. Langer proceeded to inform the Town Board that on May 25 th of this year there was an altercation and incident where shots were fired and police were summoned. Mr. Langer said they have been drinking outside on a regular basis since the No Smoking Ban was put into effect many year ago. After this incident, she asked the police to stop in and tell them what was going on and what they are doing to prevent this in the future. Mrs. Langer said the police told her when she called to report the shooting that they would stop back to get her complaint after they took care of the situation. The police did not get back to the Langers until the next day. When she called, they answered her by saying It s MA S, what do you expect? Mrs. Langer said they came to the Town to see if they can write an ordinance or enforce an existing ordinance if there is one. She said the ABC Board told her to see the Town for this zoning problem. It was also noted from the Langers presentation that they were fined $1, for not complying with their license by allowing outside drinking. She also said she thinks that they should be held to reasonable hours of operation. She said she simply wants them to comply with the license that they were issued. Once again, Mrs. Langer reiterated the fact that they have a tavern license and not a premise license to serve alcohol. By allowing outside consumption, sales and music, they are not in compliance with their license. The Langers have also heard that they are considering a Burn Pit for Bikers for summer. They have Councilwoman Gilson and Supervisor Krupke both informed Mr. and Mrs. Langer and their audience that the Town does not have a noise ordinance and no way to enforce one if they did have one. Mrs. Langer said that the Zoning Officer was aware of this situation from several years past. Not only was this a noise problem, but with the recent shooting, this is a safety concern for her and the neighbors. Supervisor Krupke advised that he had not received any formal complaints prior to this meeting and was not made aware of the problems. In April of this year, Ma Barkers submitted their renewal application, for selling alcohol in the tavern, to the Town. Not knowing any of this, the Town Board accepted this application without reservation. Councilwoman Holynski suggested to the Town Board that the Attorney for the Town, Allison Nelson, write a letter to the ABC Board informing them of their concerns. Carl Falk spoke during Public Comment. Mr. Falk informed the Board that Mr. Doyle gave a presentation to the Village regarding the Joint Comprehensive Plan and the need to have a common zoning ordinance. Mr. Falk said he thinks that the Town should look favorably on combined zoning laws and services. With no other Public Comments from the floor, the next order of business was the presentation of the Zoning and Code Violation reports for the month of May He also submitted the Planning Board minutes for the month of May There were no Zoning Board minutes for May ZEO/CEO Howland gave a brief update on the sale of the Salmon River Lighthouse properties. Questions arose regarding a zone change or variance to expedite getting the business up and running the fastest possible way. Legislator Doyle said he was knew the new owners very well and was helping

3 them with the paperwork to become compliant so they can get their businesses going as soon as possible. ZEO/CEO John Howland informed Mr. Doyle that it would be more advantageous to the new owners to apply for a Zone Change instead of a variance. Mr. Doyle said he believed that the new owners were applying for grants for engineering cost to refurbish the old hotel and the other structures. The new owners have purchased the Selkirk Lighthouse as well. A review and update of the access road to the lake on Hager Drive was next on the agenda. Resident Dave Scott was in attendance to ask what progress has been made on the property at the end of Hager Drive. Attorney for the Town, Allison Nelson advised that not much progress has been made to date because the title people were still investigating ownership for many years past and trying to see what living relatives we still around that may be able to claim title to the property in question. Mrs. Nelson informed the audience that a title search must be completed before a survey can be drawn up. Mr. Scott informed Mrs. Nelson that he had information that would name direct descendants to the Fleming family and the Hager family who owned this property. Mr. Scott brought Alan Hager of Manwaring Road to the meeting. Mr. Hager is the great-great grandson of Pearl Hager. Mrs. Nelson said she would appreciate any or all the information that Mr. Scott could produce. Mr. Scott also asked Mrs. Nelson if there was any case law that addressed issues like this. Last, but not least, Mr. Scott asked for a position statement asking the Town Board where they presently stand on this issue. Supervisor Krupke interjected by answering to Mr. Scott. Mr. Krupke said It takes time to do this and we are taking advise from counsel tonight when we retire to an Executive Session. Before closing, Mr. Scott once again advised the he and many of the residents will be available to help in any way that they can. Hager Drive year round residents Sara and Dan Mack were in the audience and asked to speak. Mr. Mack said he has contacted the Mexico school district where his children attend school and asked them what would happen if this access roadway would no longer be available as a turn-a-round. Mr. Mack informed his audience that his children would have to go to Route # 3 to catch their bus according to Al Humbert from the Mexico Transportation department. At 6:55 p.m., Councilwoman Holynski made a motion, seconded by Councilwoman Haynes, to retire to an Executive Session to discuss possibilities of Hager Drive litigation. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Holynski, Aye; Gilson, Aye; Yerdon, ABSENT; and Krupke, Aye. At 7:31 p.m., Councilwoman Haynes, seconded by Councilwoman Holynski, made a motion to return to the regular session. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Holynski, Aye; Gilson, Aye; Yerdon, ABSENT; and Krupke, Aye. Resulting from the Executive session, a motion was made by Councilwoman Gilson and seconded by Councilwoman Haynes to instruct Attorney Nelson to proceed with the title search of the Hager Drive property in question. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Gilson, Aye; Holynski, Aye; Yerdon, ABSENT; and Krupke, Aye. Water updates for the month of May 2014 was next on the agenda. There were no Water Board minutes for the month of May 2014 submitted for this meeting. A letter from the Oswego County Health Department was received and distributed to each Town Board member. The letter stated the results from the bacteriological tests, the pressure test and disinfection results for the water mains approving and stating the approval of potable water supplied by the Town of Richland Public Water System to the roads under Contract # 1 of the Eastern Shore Water System. Also, a letter was received

4 from Barton and Loguidice recommending the award of Additional Sections of Water Mains under Contract # 4 of the Eastern Shore Water System. A motion was made by Councilwmoan Holynski and seconded by Councilwoman Gilson to award Contract #4 to Syracuse Constructors, Inc. with their bid of $690, On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Gilson, Aye; Holynski, Aye; Yerdon, ABSENT; and Krupke, Aye. Dog Control Officer David Dunn was in attendance to present a written and verbal May 2014 Dog Report. A written report log was included in each board member s packet for review. A petition and complaint were filed with the Town for an uncontrolled and unleashed dog at the corner of Deer Creek Drive and Canning Factory Road. The dog is presumed to belong to Adrian Sheurbert of 626 Canning Factory Road. The petition informs that the dog is aggressive and is a danger to people and animals, therefore, needs to be under owner control or tied up at all times. Jennifer Scott and Steve Britton both maintained that they are afraid of this dog and are afraid to go outside because of it. DCO Dunn advised the board that he has spoken with Justice Ridgeway about hearing this complaint or ticket that he will issue. Mr. Ridgeway advised that tickets have been written previously been issued citing the owners. According to Judge Ridgeway, the owners have never answered the appearance ticket(s). DCO Dunn agreed to try to trap the dog and pick it up. The Highway Report for the month of May 2010 was verbally submitted by Highway Superintendent John Fox. Mr. Fox informed the Board that he and his crew has started his hot tar and stoning of roads under his CHIPS funding allowance. His crew has been busy mowing cemeteries and the Haldane complex as well as to mow the road sides of Town roads. He advised that he has purchased cement parking blocks for the lots at Community Center. Mr. Fox said that he has also been changing out culvert pipes that are in need of replacement. It was also noted that the Highway s Teamsters Union Contract is up for negotiation this fall. Marc May and Councilman Yerdon agreed to open and review this contract. There were no minutes submitted for the month of May s Haldane meeting. Mr. Fox and Mrs. Haynes informed the Town Board that the roof on the Haldane building was in rough shape and needs to be addressed soon. Cost for roof replacement needs to let out for bid before too long. A motion was made by Councilwoman Gilson and seconded by Councilwoman Holynski to accept the Supervisor s report for the month of April 2014 as prepared and presented. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Gilson, Aye; Holynski, Aye; Yerdon, ABSENT; and Krupke, Aye. A motion was made by Councilwoman Haynes and seconded by Councilwoman Gilson to accept Justice Pastuf s May 2014 Justice reports and Judge Ridgeway s April and May 2014 Justice reports as prepared and presented. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Gilson, Aye; Holynski, Aye; Yerdon, ABSENT; and Krupke, Aye. Relative to the Justice system, Supervisor Krupke informed the Town Board that Terry from Bonadio, (Town Auditor) would be here on Thursday, June 12 th at 2:00 p.m. to review the progress on the judicial audit thus far. The June 2014 Warrant of Bills, Abstract #6, was submitted for payment. After review, a motion was made by Councilwoman Haynes and seconded by Councilwoman Gilson to accept and pay the warrant of bills as prepared and presented. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Gilson, Aye; Holynski, Aye; Yerdon, ABSENT; and Krupke, Aye. A breakdown of the audit is as follows: General Townwide voucher numbers in the amount of

5 $63,172.83; General Townoutside voucher numbers in the amount of $3,445.06; Highway Townwide voucher numbers in the amount of $ ; Highway Townoutside voucher numbers in the amount of $27,670.02; Fernwood Streetlights voucher number 277 in the amount of $186.76; Richland Lighting District voucher number 277 in the amount of $700.67; Water District # 1 voucher numbers in the amount of $9,697.04; Water District # 2 voucher numbers in the amount of $2, and Water District # 3 voucher numbers in the amount of $1, The April 21 st, 2014 and the May 13, 2014 Town Board meeting minutes were included in each Town Board member s packet for review. A motion was made by Councilwoman Haynes and seconded by Supervisor Dan Krupke to accept these minutes as written and presented. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Gilson, Aye; Holynski, Aye; Yerdon, ABSENT; and Krupke, Aye. No cemetery update was brought up to the Town Board. Town Historian Shawn Doyle advised the Town Board that he has been busy identifying structures in the historical districts and looking up a lot of family tree information for people doing genealogical research. Councilman Yerdon has been named as a representative from the Town of Richland to serve on legislative committee that has been addressing the closing of the transfer stations for solid waste. Councilman Yerdon was not at this meeting this evening because he was at the County Legislative meeting instead. Legislator Shawn Doyle gave an outline of the County Legislature meeting of the past month. Mr. Doyle informed his audience that the Lybolt home on S. Jefferson Street, across from the Courthouse, will be up for auction at the County auction this summer. The County highway department has completed the repair and repaving project of S. Jefferson St. Mr. Doyle noted that Brandt Deaton of Deaton s True Value purchased new culvert pipe and the county installed it at the S. Jefferson driveway of Ace Hardware. Supervisor Krupke asked when the county has scheduled the digging up and repaving of the Maple Ave. (Co. Rt. #2) project. Mr. Doyle informed the Town Board that he too has been working with the new owners of the Selkirk Lighthouse in hopes of securing some grants to get their projects started. Legislator Doyle also discussed and submitted sample resolutions to both the Town and Village in hopes of securing a NYSIR grant to establish joint Town and Village Planning and Zoning boards. Mr. Doyle said he that this was an appropriate action to take before either government entity made any financial commitment. A purchase order procedure document was submitted to the Board for review. The auditors had previously suggested that policy and procedures are written and implemented. This procedure outlines the purpose and intent of this document. A chronological outline of how to use a purchase order and requisition system was established with this document. A copy of this document is attached and made a part of these minutes. A RESOLUTION TO THE OSWEGO COUNTY LEGISLATURE OPPOSING THE PROPOSED CLOSING OF THE OSWEGO COUNTY TRANSFER STATION ON CO. RT. 2-A IN THE TOWN OF RICHLAND IN PARTICULAR AND ALL OTHER TRANSFER STATIONS IN GENERAL was submitted and reviewed. The formal resolution

6 that was submitted was adopted with a motion being made by Councilwoman Holynski and seconded by Councilwoman Gilson. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Gilson, Aye; Holynski, Aye; Yerdon, ABSENT; and Krupke, Aye. A copy of this document is attached and made a part of these minutes. Councilwoman Holynski gave a brief update and outline of the last Comprehensive Plan Committee meeting. Two agenda discussed included Zoning in the Port Ontario area and the RR3 zone definition and the various historic district boundaries in the village and the town. Home building styles of today, such as the post war ranch homes, will be the History of tomorrow. An inventory of homes and home styles should be documented and be included in the updated comprehensive plan. A motion to accept all other reports given, not previously accepted, at this meeting, either written or verbal, was made by Councilwoman Haynes and seconded by Councilwoman Holynski. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Gilson, Aye; Holynski, Aye; Yerdon, ABSENT; and Krupke, Aye. At 8:40 p.m., a motion was made by Councilwoman Holynski and seconded by Councilwoman Haynes, to retire to an Executive Session to discuss a retirement request from an elected employee. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Holynski, Aye; Gilson, Aye; Yerdon, ABSENT; and Krupke, Aye. At 8:44 p.m., a motion was made by Councilwoman Gilson and seconded by Councilwoman Haynes to return to the regular Town Board session. On a roll call vote, this motion passed with b board members voting as follows: Haynes, Aye; Holynski, Aye; Gilson, Aye; Yerdon, ABSENT; and Krupke, Aye. No motions were made as a result of the Executive Session. The next regular Town Board meeting was scheduled for July 8, 2014 in the Grand Jury room of the H. Douglas Barclay Courthouse. This meeting was adjourned at 8:59 p.m.. Respectfully submitted; Robert L. North, Town Clerk