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May town board minutes 05/08/17 Mike Wiggins-TS Pat Coleman-Hwy Leonard Hand-TB Nick Blanchard-Hwy Lester VanDyke- TB Jim Mignogna-PB Terry McBride-TB Sharron Morgan-ZB Robin Bartholomew-TB Chris Cramer-PB Deb Davis-TJ Vicki Davis-CC Julia Iozzio-TC Bob Day-CE Jim Rose The meeting began at 7pm The pledge was said. Resolutions offered for three job titles: Deputy Highway Superintendent, Part-time laborers and Court Clerk. All positions are requested to have civil service applications. Lester motioned, Robin 2nd. All ayes. Hwy. Dept offered agreement to spend monies on pavement and chip cold mix. 1st will be McNeeley to Schuller then to 38. 2nd . Stalnecker from McNeeley, just past Stalnecker. The plan is for paving with cold mix then chipping afterwards. 3rd With the rest of the monies left it will cover the pipe project on Pierce Rd thru Ira Station Rd. As for summer the plan is to oil and chip Stalnecker, Foulett, Swamp, Keys & Coleman Rd. Lester motioned to accept Leonard 2nd. All ayes. The board accepted the building vouchers. Lester motioned to accept the vouchers 2nd by Leonard. All ayes. Minutes were revied and accepted as amended. Lester motioned to accept the minutes and 2nd by Robin. All ayes. Supervisors report was read: as of :04/30/2017 General fund: $367,546.10 Cash reserve, CD: $198,612.73 Petty cash: $50.00 Special reserve, Capital Project: $199,027.00 Money market Special reserve: $60,000.00 Total for General fund: $825,235.83 Highway funds: $595,526.56 Victory Street Lighting Dist. Cash- Checking: $2,636.12 Total All Funds: Cash in time Deposits: $3,197.26 ---PAGE BREAK--- Total: $5,833.38 Westbury Street Lighting Dist.: Cash-Checking: $1,984.75 Cash in time Deposits: $ 289.73 Total: $2,274.48 The increase in the General Fund was from the court fees and clerk fees as well as 1 ¼ sales tax. $76,271.00. Previous yr. (2106) $62,065.00 Which is up approx. 14,000.00 Mike spoke to Chris Palermo re: local law wording for June mtg. He didn’t feel any changes were needed. This will allow us to advertise for public hearing for the overriding of the tax cap for the 2018 budget. Mike spoke with Paul Burval about the well drilling. Mike met with the Hwy. Dept. in regards to where to place the hydrant in relation to the driveway. The suggested spot was by the lean-to where the loader is. Someone is expected to be running electric at the site, sometime next week. There expected to be trenching to run the power lines as well. They inspected spot for the well and the small pressure tank in the wall casing so it can be on without worrying about the water. The topic of the town's budget was raised and the contractor stated that he could work with in the amount. The playground equipment has arrived. At present time the grounds are too wet. Mike has some steel posts for the volleyball net. Mike suggested we cement the polls in tires to allow them to be mobile. Robin said that she will infact be able to get the net. Mike stated that he received a negative report from “Dig Safe” as to there being no issue for us to dig for the playground equipment. He also said that he’d seen some wood chips that looked useable. He said he’d need some boarders and spikes to create the area around the equipment. A package came from Land Development Co., regarding the property on Upton Rd. there is an intrest to lease it to the company for 2yrs. for a solar farm. The land is being leased at present time to the Slobes, so the offer isn’t an option. It was stated that several community members received similar offers. On June 3rd. Mike will be speaking at the Armour of Light Baptist Church. He will speak about his position in the town. The idea on the churches part was to create an outreach to the community. Memorial Day is on the 29th of May. It is Mike’s understanding, that the same ceremony will take place but will contact Beverly Sayles to confirm. Mike hasn’t had anyone checking garbage permits lately but suggested we hold off until the warmer weather comes. Clerk’s report was read: (as of 04/30/2017) 36-Dog licenses $288.00 11- Garbage Permits 5- Records copies 0-Subdivision 1-Variance 2- Building permits 1- Marriage Lic. $1,760.00 $ 50.00 $ 00.00 $50.00 $50.00 $17.50 ---PAGE BREAK--- Bob Day offered his report. He issued 4 permits. He met with the zoning board and went over new zoning laws. He followed up on several complaints. He revised the building code fee schedule and handed out a sheet of the revised listings. Leonard had several questions regarding the zoning law and they were clarified by Bob. Leonard assured Bob and board that the reason for questioning was not to question Bob but to gain clarity for future code enforcers as well as board members to better understand the law’s intent. Bob assured the board that he was going to inspect and be fair in all new permits. (Due to the many questions that Leonard had regarding the new laws it was suggested that he attend an upcoming zoning board meeting.) Some of the changes Bob made were the updating of the fees. He looked at some of the neighboring towns and what their fees were and increased them accordingly. A listing is available at the town office. Lester motioned to accept the change in the fee schedule as of 5/8/17. Mike 2nd. All ayes. The fee schedule will be posted on the town website. Nick from the Highway Dept. offered a report. The trucks are ready and prepared for summer work, they have also been serviced. Scott Renick from PESH stopped back. The crew fixed whatever needed to be fixed and he was okay with the repairs, The crew has been digging some ditches, They are putting up some more road signs and removing dead trees on some of the roads they plan on paving. The #5 truck had the recall done. Currently they are getting the roads ready for paving. They plan to start as soon as the weather gets warmer, perhaps the middle of June. Mike asked the board if they had a chance to look over the new zoning laws. Chris Cramer did offer to answer any questions that the board had regarding the new laws. He further went on to explain some of the changes but left it open to field any questions. He also made it clear that “grandfathering” is a made up word and that we will be able to enforce the new laws. Instead of going page by page in the board mtg. it was suggested for the board to attend the planning board mtg., if they should have any questions or concerns about the law. Mike questioned some of the forms and applications wanted to be on the same page. Chris assured the board that this is a draft and nothing has been approved. Sharron Morgan reviewed the new packet/application that the zoning board prefers. The ZBA feel it’s clearer as to what is expected of the applicant as well as the questions that they need to answer for the board prior to making any decisions. This also keeps all the information together for easy reference for future use. She passed out copies for members. Lester suggested it first be cleared by the planning board and if a problem arises it can be revised prior to coming to the town board. She offered two applications: one for “area variance” and another for “use of variance”. Leonard looked over the new town law and stated he just wanted clarification on some of the wording as well as the “vision for the future of the town”. He also looked at it from the perception of the taxpayer and will it be a burden on them. He wants to also be able to answer any questions that may be posed to him by the community as it relates to the law. Some of the questions that Leonard had were in regards to verbiage to which Chris explained that a good majority of the language came from the state law form and that we are as a town able to add delete or clarify anything we need to. Examples: There was a question regarding the verbiage used in the law. The compromise was: ● “Help secure from fire and flood”,was the new wording offered. Mike motioned and Leonard 2nd. All ayes. ● The definition of “Structure” was questioned on page 5. What constitutes the “size”? Page 12. ---PAGE BREAK--- ● The definition of “Campground” was posed. “Camping unit”, 2 or more units constitutes a “campground”? Code enforcer said he’d use common sense. He’d also use his best judgment to enforce the laws in regards to “campsites/grounds”. ● Pg. 7 “excavation”, removal of turf, gravel, dirt etc. Leonard wanted definition and/or clarification. In response, the answer is subjective and again the code enforcer will use his best judgment. ● Junk accessory/appliances. Bob stated he’s willing to work with townspeople letting them know about dump regulations and times. He doesn’t want to be constantly issuing citations. He wants to be able to work with townspeople. State law allows him to fine and even issue jail time but, “who would that benefit?” He gave example of what Red Creek does when faced with such issues. They send DPW to the residence in violation, cleans it up and them charges the resident $400.00 ● Clarification on “only one unlicensed vehicle” is allowed on a residence property. 2 unlicensed vehicles are considered a junk yard. It was pointed out that you could easily pay $100.00 for a junkyard permit annually and not have any issues legally. The result was, “stored outside” should be the wording in the laws. “Dismantled outside” for “accessory vehicles” and “junk vehicles”, “stored outside. The concern was for the next in coming officers to have clarity of the laws. The suggestion was offered to finish the rest of the board mtg. so that some of the attendees could leave before more detailed discussion regarding the new laws were discussed. Lester offered a report on the 1st quarter waste wtg. 2017= 78.12 tons 2016= 83.84 tons. Judge Davis offered paperwork for Vicki’s approval to become court clerk. Mike stated a civil service application was also needed for the position. The pay was decided: $15.00 per hr. A resolution has already been passed to create the position. It was also stated that the max. amount was $1,500 per yr. and was to be utilized during court nights. The court clerk will also be able to open mail as well as do deposits. The judge brought up there being a conflict with the hours the town clerk holds hours and the nights that court is being held. Mike agreed that the town clerk hours shouldn’t be operating during court nights. The suggestion was for the clerk to stop hours at 6pm so that when court started that no business would interfere with the court dealings. The judge also felt that if the town’s people were to be coming in to the office too early that she wasn’t able to prepare for court without being interrupted by early arrivals of patrons for court. Many offerings/suggestions were given: a curtain, signage, a dividing wall/cubical. All would allow the town clerk to be able to continue to work during court time. The town clerk said she would close by6 pm and work out the details of the time change. The results will be published. The judge also brought up the fact that the town clerk needed a new phone. It was made aware that the judge uses the TC’s phone during court sessions because court patrons call in during court. The board and TC were unaware of this fact but question why if the court had their own line. The statement was made that the court line wasn’t published as well as the first thing that comes up on line when the court is searched is the town’s main line. It was told that the main line’s out going message includes the court’s number and that Mike will look into the was in which to remedy the issue as well as post the court’s number on the website. Robin questioned the website and the much needed update of the minutes. The clerk assured her that Mike would receive the minutes ASAP. ---PAGE BREAK--- Chris Cramer questioned if the Martville gravel pit will damage a section of Pople Rd. and would our road protection law come into effect? Would it protect us as taxpayers in having to rebuild that section of the road? His concern is that too many trucks will be using that road coming in and out of the gravel pit. Chris suggested that the town board read thought the law and offer input at the next meeting. It was stated that the county owns said road and that Sanford was recently upgraded prior to the approval. This was done on Sterlings behalf. Jim suggested that the one resident that lives on said road could petition that the road be deemed a dead end and there could be a barricade placed at the end of the road making it a “no thoroughfare” road. The issue would have to go before the board. If approved it would no longer be a plowed road. The resident may be in favor seeing as this would now be a route that the big trucks would be using. As of yet there doesn’t seem to be an issue. At current the DEC issued permits as to the route in which the trucks should be using. The trucks are not in compliance with the permit but at this point the town of Victory is benefiting but it could pose problem in the future if the should. The proper route may have them tarring up Pople Rd. as well as the driver figuring out that the turn that the trucks are supposed to be making is nearly impossible and will take out the bridge (which is actually just a culvert) causing many problems. With the amount of trucks that will be traveling down that road the problems are inevitable. Chris also suggested that Thursday if individuals from the town board wished to attend the planning board mtg. and use that time to dispose a large number of concerns, it might make the next town board mtg. a little shorter. Leonard said he had no problem attending the meeting. The concern from Chris is that if too many town board members showed up that it may be an issue. If at said meeting there were concerns they could then be brought back to the town board meeting and be hashed out. Leonard assured all that he was going for clarity of the law. Chris said that a new color map should be on its way. Continued question were asked about the laws and subdivisions, clarity was offered as well as the idea that the majority of what is in the law was taken from state laws and we as a town can make any changes we see fit. Leonard wanted it to be known that he truly thanked the planning board as well as giving them kudos for all of the work they put into preparing the new laws to be presented. He wanted to thank them as well for all of the personal time they devoted. Chris added he wished to offer the same support to the code enforcer because “laws aren’t worth the paper presented on if laws aren’t enforced”. Lester stated if the code enforcer doesn’t get the positive response, he then must take the proper actions. Bob stated as long as people are trying to make an effort he’s willing to work with the town’s people. Robin motioned to adjourn and Lester 2nd. Meeting closed at 9:22 pm.