Town of Richland Town Board Minutes -- TBM

Transcription

1 Town of Richland Town Board Minutes -- TBM February 12, 2013 The Town of Richland Town Board held its February monthly meeting on Tuesday evening, February 12, 2013, in the Grand Jury room of the H. Douglas Barclay Courthouse located in Pulaski, New York Town Board members in attendance included Councilwomen Sue Haynes and Dawn Holynski, Councilmen Kern Yerdon and Omar Davis, and Supervisor Daniel Krupke. Other Town employees attending this meeting included Security Officer Fred Killam, Dog Control Officer David Dunn, Planning Board Alternate member Donald F. Merritt, ZEO/CEO John Howland, Attorney for the Town, Allison Nelson, Water Clerk Mary Yerdon, Oswego County Legislator and Town Historian Shawn Doyle. Also attending was Town resident Lorice Setzer and Salmon River News Representative Jennifer Mooney. At 6:00 p.m., Supervisor Krupke opened this meeting by leading the pledge of Allegiance. The first order of business was to open up this meeting with an Administrative Hearing on the Salmon River Lighthouse property located at the end of Lake Rd. (Co. Rt. # 5) The purpose of this meeting is to have the Richland Town Board to determine if the violations on this property constitutes a public nuisance. Upon determination, the Town Board can have someone, other than the owner, correct the violations so the property will no longer be in violation of the Town s Local Laws, or the Town Board can ask the property owner to take the necessary steps for compliance. If the Town has to hire an outside vendor to bring this violation into compliance, the Town can charge back all the costs that are incurred in correcting this violation by adding it on the next year s property tax bill. Supervisor Krupke asked Town Attorney Allison Nelson to initiate and conduct the Administrative hearing on the Salmon River Lighthouse property violations. Mrs. Nelson began by submitting documentation to the Town Clerk for the notes of the hearing. The items submitted included the Affidavit of Mailing, the Certified Mail Receipt, the Notice of this Hearing, Notices of Violations dated June 30, 2009, April 26, 2004, January 11, 2013, September 19, 2011, and October 15, Following the submission of the documentation, Attorney Nelson proceeded to swear in ZEO/CEO John Howland. At this time, Mr. Howland also submitted pictures that he had taken today and photos that MBL Engineering had submitted to ZEO/CEO Howland on February 10, 2013 when they did their inspection of the structure. A copy of the February inspection notice was submitted as evidence. Mr. Howland verified the address of the structure in question and also confirmed the dates of violation notices. Mr. Howland advised that the proper notice to bring this into compliance was also sent out. In the pictures that were submitted, special note was made that basement windows were broken out in the front and back of the building, as well as several windows in the second story were broken or missing. In another picture it shows that the porch is missing its floor and the supports are unstable. In the report form MBL Engineering, the issued letter summarizes by saying that the building is or may become dangerous or unsafe to the general public because the building is open at the doorways and window making it accessible to and an object of attraction to minors under eighteen years of age, as well as to vagrants and other trespassers. At the end of Mr. Howlands questioning, Attorney Nelson asked if anyone was

2 in attendance representing the Salmon River Lighthouse? No one came forth to represent the Salmon River lighthouse. Supervisor Krupke informed the Board that he had spoken with Mr. Chris Ashcroft about this violation of which he assured that it had been taken care of previously. A moiton was made by Councilman Yerdon and seconded by Councilman Davis to close this Administrative Hearing at 6:11 p.m This motion passed with board members voting as follows: Haynes, Aye; Holynski, Aye; Davis, Aye; Yerdon, Aye; and Krupke, Aye. A copy of a formal resolution for this Administrative Hearing is attached and made a part of these minutes. Following the closing of this hearing, a motion was made by Councilwoman Holynski and seconded by Councilwoman Haynes to inform the violator of the Salmon River Lighthouse that the results of this hearing find this violation constitutes a violation of Public Nuisance and that Attorney Nelson will notify the violator that he has 10 days to correct this or the Town will make the necessary corrections to have this property put into compliance. The cost of the engineering firm s inspection is $ Besides the inspection fee, there will be attorney fees and the cost of correcting the violation affixed to next year s taxes. This meeting was opened for Public Comment at this time. Town resident Lorice Setzer asked to address the Town Board with possible Zoning and Code issues. First off, Mrs. Setzer asked if there were limitations on the amount of cars that Dave s Enterprise is allowed to have at his location. Mr. Howland answered that the original Special Permit that was applied for allows for only 20 vehicles on this lot. Mr. Howland also advised that there is 30 or more vehicles there at this time. According to Mr. Howland, he is currently in violation and that he will notify the violator of this most recent complaint. Mrs. Setzer asked that she be notified (copied) of all correspondence and documentation sent to Dave s Enterprises. Mr. Howland also advised that this was the same issue/violation that he had with this individual when the business was located in the village of Lacona. The second issue that Mrs. Setzer wished to address was the possible violation that exists on the property adjacent to her property to the north. This property is currently known as the Driftwood Motel. Mrs. Setzer asked Mr. Howland what the difference between a motel and an apartment house. Mrs. Setzer gave numerous examples of trespassers on to her property at all times of the day and night. Just this past week, she called the police because a trespasser was looking in her dining window. Property of the Setzers has been damaged or broken. Mrs. Setzer advised that her husband has a Boy Scout camp at their location. The Setzers not only worry about their privacy, but they worry about the safety of others who are visitors of her property and the safety of the children and other staying at this location. Mrs. Setzer detailed the many times that she has called a police agency to come to her aid. Mr. Howland noted that last summer this motel was without water for a length of time and that there was an issue of discharged open sewers. Last year, the County Health Department intervened on several occasions. Mrs. Setzer also advised that she has spoken to the motel owner, Judy Meade and was asked to leave the premises. Mrs. Setzer advised that the people who are staying in this motel are very questionable to say the least. It was noted that a manager at this location was a 3 rd level sex offender and that there were others living there that are on the County Sex Offender list. Mrs. Setzer also gave an example of one family there in one room. The family consisted of 4 adults and two children. A parolee was also staying in one of the rooms. Before ending this discussion, Mrs. Setzer asked that she be kept informed of conditions and all information relating to this motel. Supervisor Krupke advised that he was not aware of the conditions of this business, but would speak to other business owners and see what can be done with these undesireable conditions.

3 The ZEO/CEO reports for the month of January 2013 were distributed to each board member by Officer John Howland. Mr. Howland informed the Town Board that last month he held a joint meeting of the Planning Board and the Zoning Board of Appeals. Mr. Howland reminded the Town Board of the classes at JCC at the end of March. Mr. Howland advised that he was still waiting for a replacement for John Curry who was on the Planning Board. A motion was made by Councilwoman Haynes and seconded by Councilman Davis to appoint Melvin Minot to the remaining term of John Curry. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Davis, Aye; Holynski, Aye; Yerdon, Aye; and Krupke, Aye. Also relating to Zoning, Mr. Howland informed the Town Board and Mrs. Setzer that the old Seeley s restaurant across from her residence is opening under new management. The new operator is from Pennsylvania. Mr. Howland suggested that she contact Mrs. Setzer when she is the area in the future. According to Mr. Howland, a Public Hearing is scheduled for later in March. Mr. Howland informed the Town Board that his Code School is scheduled for April 2-5, Mr. Howland said he would be sharing the expenses with all the Towns that he works for. A motion was made by Councilman Yerdon and seconded by Councilman Davis to allow his attendance at this conference. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Davis, Aye; Holynski, Aye; Yerdon, Aye; Krupke, Aye. Councilwoman Holynski informed ZEO/CEO Howland that the roof of the old Fernwood mill owned by Wayne Gilbo, has collapsed. ZEO Howland thanked her for information and said he would follow through on this as soon as possible. Supervisor Krupke informed the Town Board that he had received a memorandum from Dustin Clark of Barton and Loguidice explaining why they were connecting to Richland WD#1 at Bishop Road instead of using the pipe and connecting along NYS Route # 3. A copy of this memo was distributed to each board member. Minutes of the February 5 th, 2013 Water Board meeting was included in each Town Board member s packet for review. Supervisor Krupke said he has been contacted by Richard DeGraff of Co. Rt. # 28 asking for the Town to extend the water line near his home another 40 ft. to be put in Water District # 2. According to Water Clerk Mary Yerdon, the cost for him to tie into this pipe will cost him approximately $1, plus the laying of the pipe. Highway Superintendent John Fox said he was confident that his crew could do this work so an outside contractor would not be needed. Mr. Krupke said he would get together with John and would be in a better position at the next meeting to discuss this particular issue. Councilman Yerdon commented on the figures that Dustin Clark submitted. Mr. Yerdon also informed the Town Board that the reason for connecting on Route #3 was that a 10 inch main was installed with the intent of connecting to another district in the future. Also, by connecting on Route #3, there will be many more residences that can be served with water. The Bishop Road plan does not serve any residences at all. In reference to WD#3 and the Co. Rt. # 2 proposed connection, The Town of Richland would extend piping approximately 1000 feet. This proposal would serve 7 residences and would also afford fire protection in the form of hydrants to these residences. Currently, all of these residents are served

4 with water by the Village of Pulaski Water Department. All these residents are paying the Village for the Water service. Councilman Yerdon contacted several residents to get their feelings and opinions in being serviced by the Town of Richland Water District # 3. The general concensus of those contacted were perfectly happy with the service they are receiving from the Village of Pulaski. Upon questioning the Town Board members, all were in agreement that the Town should take this out of the Map, Plan, and Report and not include this area in Water District # 3. Supervisor Krupke said he would contact the Village and notify them of the Town s decision not to serve this area. The Dog Control Report for the month of January was given by DCO David Dunn. The verbal report was documented with a written report which was submitted to each board member. It was noted that he had picked up 3 dogs during the month of which 2 were adopted and only 1 redeemed by its owner. Mr. Dunn informed the board that the hot spot for dogs this month seems to be the Canning Factory Road area once again. Mr. Dunn advised that around 80 tickets have been written involving unlicensed dogs. The NOCA report for the month of January 2013 was distributed to each board member for review. There was not a monthly meeting of the Haldane Advisory Board for the month of January, therefore, no minutes are available. The Supervisor s report for the month of December 2012 was submitted to each board member for review. A motion to accept this report was made by Councilwoman Haynes and seconded by Councilman Davis. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Davis, Aye; Holynski, Aye; Yerdon, Aye; and Krupke, Aye. The next motion that was made was a motion to accept the January 2013, Warrant of Bills, Abstract # 1. The appropriate motion was made by Councilman Yerdon and seconded by Councilman Davis. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Davis, Aye; Holynski, Aye; Yerdon, Aye; and Krupke, Aye. A breakdown of the warrant is as follows: General Townwide voucher numbers in the amount of $17,561.78; General Townoutside voucher numbers in the amount of $1,328.45; Highway Townwide voucher numbers 38-63; Highway Town outside voucher number 39 in the amount of $186.00; Fernwood Streetlights voucher number 30 in the amount of $990.40; Water District # 1 voucher numbers in the amount of $9,953.89; Water District # 2 vouchers numbers in the amount of $2, The next order of business was the approval of the minutes of January 8, 2013 and January 29th Councilman Yerdon asked that these minutes reflect F.X. Caprara s decision not to take advantage of (or request) the Oswego County PILOT (payment in lieu of taxes) program. After making this request, Councilman Yerdon made a motion to accept these minutes as written as long as this special note was made. This motion was seconded by Councilwoman Holynski. Upon a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Davis, Aye; Holynski, Aye;Yerdon, Aye; and Krupke, Aye. The liquor license application submitted for approval by the Pines was presented to the Town Board for approval. A motion was made by Councilwoman Holynski and seconded by Councilwoman Haynes to approve this license. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Davis, Aye; Yerdon, Aye; Holynski, Aye; and Krupke, Aye.

5 A second liquor license application was submitted for the 11 North Bar & Grill. A motion was also made by Councilman Yerdon and seconded by Councilwoman Haynes. The owners have agreed to not having any outdoor activities outside the business building. Neighbor and resident Lorice Setzer asked that she be kept informed of this permit. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Davis, Aye; Holynski, Aye; Yerdon, Aye; and Krupke, Aye. Town Historian Shawn Doyle was in attendance to explain and outline the January 8, 2013 Historian s Report. As County Legislator, Shawn Doyle outlined what has been going on in the County Legislature these past few weeks and months. Items discussed included John Brandt s (former Co. Judge) appointment to the vacant position of Legislator for the 12 th District left vacant by the death of Arthur Ospelt. Other items that were discussed included the Oswego County s position on the Gun Act that was introduced by Governor Andrew Cuomo, and mandated relief items discussed in the upcoming state budget. Legislator Doyle informed his audience that there has been a lot of talk in the Legislature to close the majority of transfer stations in the future. This upcoming year s stickers could increase to $ per year. Board members and residents felt that the County should supply this service and not make the Towns pick up this service. Supervisor Krupke said he will be attending a Supervisor s meeting this Wednesday evening and will bring this issue up at the meeting. Councilman Yerdon asked to go on record by saying that he doesn t agree with the closing of any transfer station. Years ago, every little town had its own dump and the countryside certainly reflected that. Mr. Yerdon also said, I believe our County Legislators have forgotten about the people. Before closing, Supervisor Krupke advised the Town Board that he would write the Chairman of the Legislature and voice the Town s position on this issue. Mr. Doyle also informed the Board that the position of Oswego County Treasurer is being sought after by Fred C. Beardsley and James Karasek. Both individuals are currently County Legislators. Attorney Nelson advised the Town Board what has to be done before the formal resolution can be prepared to annex town property into the village. Now, it is the applicants that need to petition and initiate the steps to annex the Town property into the Village. Councilwoman Holynski updated the Town Board on Article 10 that was created by the NYS Legislature to establish procedures for certifying major electric generating facilities. One of the big issues that is still controversial is the turbines and the low frequency noise that these turbines create. Councilwoman Holynski submitted a resolution titled : Requesting a moratorium on wind power development in New York State. The motion was made by Councilman Yerdon and seconded by Councilwoman Haynes. On a roll call vote, this motion unanimously passed. A COPY OF THE FORMAL RESOLUTION IS ATTACHED AND MADE A PART OF THESE MINUTES. Councilwoman Holynski also informed the Town Board of a seminar that will be held at SUNY Oswego that addresses community empowerment. This is a leadership seminar for creative professionals. Councilwoman Holynski asked about the progression and status of the Joint Village of Pulaski and Town of Richland Comprehensive Plan. Supervisor Krupke advised that he will be in contact with the Village Mayor in the next few days and will report back at the next meeting.

6 Town Clerk North asked that the Town Board allow him to attend the NYS Town Clerks Conference held in Buffalo from April 28 through May 1, The motion allowing the Town Clerk s attendance was made by Councilwoman Holynski and seconded by Councilman Davis. On a roll call vote, this motion passed with board members voting as follows: Haynes, Aye; Davis, Aye; Holynski, Aye; Yerdon, Aye; and Krupke, Aye. The final motion of the evening was made by Councilman Yerdon and seconded by Councilman Davis to approve all other report, either verbal or written, that have not been previously approved. This Town Board meeting as adjourned at 7:40 p.m Respectfully submitted; Robert L. North Town Clerk