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Regular Meeting, May 2017 TOWN OF NILES TOWN BOARD MEETING Thursday, May 11, 2017 Niles Town Hall 5923 New Hope Road, Moravia, NY 13118 PRESENT: Joan Jayne, Supervisor Steven Cuddeback, Councilman Clarence Edmonds, Councilman Brody Smith, Attorney Bernard Juli, Councilman Tara Covert, Town Clerk Tiffany Landis, Deputy Town Clerk OTHERS PRESENT: Suzanne Sinclair, Pat Steger, Bud Barrett, Patrick Murray, John Birmingham, Michelle Lyon, Leigh Hess, Jeff Carmichael, Shawn Becker, Charlie Ripley Meeting called to order at 7:00 p.m. by Supervisor Jayne Pledge of Allegiance OPEN FLOOR TO THE PUBLIC Mr. Buddy Henry Barrett of Twelve Corners Road introduced himself. Mr. Barrett stated he was here to voice his opinion and to sum up concerns of the local landowners around Frozen Ocean Motorsports Facility. Mr. Barrett stated that local landowners are aware that the Frozen Ocean Motorsports Facility has been sold and the local landowners have heard through the grapevine that the new owner intends to expand the current activities to include more types of racing to possibly include the Monster Truck series and Go-Carts every Friday night. Mr. Barrett expressed that notice of the races is infrequent and that the races typically last all weekend. Mr. Barrett informed the Board that he was at the Board meeting 30 years ago when Bill Denman (previous owner of Frozen Ocean Motorsports Facility) received permission for eight races a year. According to Mr. Barrett, there are now a minimum of 40 races a year which also include Wednesday night practices. Mr. Barrett said he was coming to the Board to see if we (Mr. Barrett, other local landowners and the Planning and Town Boards) could together find a way for the residents to come home and enjoy time with their families and friends without hearing or other racing vehicles. Mr. Barrett expressed that the quality of life and property value for landowners is diminished. Mr. Barrett requested assistance from the Board on stopping Frozen Ocean Motorsports Facility expansion. He stated that as elected officials, the Board's responsibility was to lookout for the Town residents and that he and other residents needed the Board's help. Mr. Barrett expressed he and the other local landowners are not looking to stop or shut down anything, but are requesting a year-long moratorium to stop further expansion of the Frozen Ocean Motorsports Facility so an environmental study could be done to access the impact that expansion would have on the community. Mr. Barrett wants to ensure that all State and environmental rules are complied with. Supervisor Jayne acknowledged Mr. Barrett's comments. Town Attorney, Brody Smith said if this happened today under the current law, the expansion would have to be approved by the Planning Board because it is a commercial activity. Attorney Smith stated that if Mr. Denman truly received approval for only eight races and they are now doing 40 then they are not in compliance. Deputy Clerk Tiffany Landis went through archived 1985 to 1991 Town Board minutes and no record of any agreement limiting Mr. Denman to eight races was found. ---PAGE BREAK--- Regular Meeting, May 2017 Exerts from Minutes that reference Mr. William Denman or the Moto - Park as found by Deputy Clerk Landis: February 12, 1987 (Mr. Robert Juli, Supervisor): Mr. William Denman presented plans for a Moto - Park on his property on Vanderstauw Rd. That he is setting up. He'll have 8 races starting in April. He's asking what the board needs from him to comply with the rules and regulations for setting it up. Motion made by Councilman Coon seconded by Councilman Warne to wave the 90 days for approval in excess of 1000 people and the security bond required. All votes yes motion carried. The Board discussed the New Hope Moto- Cross and decided to send the New Hope Fire Dept. and Don Stayton the owner of the property where they are help, a Copy of the Local Law No 1 1975 so they'll have them. Note: Local Law No 1 1975 was updated in 1993 and is titled Regulating and Licensing Outdoor Public Musical Entertainment, Amusements and Assemblies in Excess of 1,000 Persons. The law, Local Law No. 2 of the year 1993 is on file at the Niles Town Hall, 5923 New Hope Road, Moravia, NY 13118. March 12, 1987 (Mr. Robert Juli, Supervisor): William Denman presented the map, copy of sample insurance coverage and formal application to Local Law #1 1975 regarding Frozen Ocean Moto Cross Park, along with the $200.00 fee. There was a discussion regarding the need to review Local Law # 1 1975 before next year. Motion made by Councilman Coon and seconded by Councilwoman Buckler to provide Frozen Ocean Moto Cross Park Inc. a variances of Section 6 of Local Law # 1 1975 regarding ticket sales to permit sale of tickets at the gate. All votes yes motion carried. Motion made by Councilman Coon seconded by Councilman Warne that the Frozen Ocean Moto Cross Park application and fee be accepted. A copy of the insurance coverage policy will be placed on file with the Board at least 15 days prior to the first event. All votes yes motion carried. June 11, 1987 (Mr. Robert Juli, Supervisor): Elina Rowe are several other residents voiced their concerns with the Frozen Ocean Motocross Park and the potential for other such enterprises being developed within the town. Richard Zwirn spoke in regard to legalities involved and the development of the planning board. Clancey Edmonds responded that many of the concerns are presently being addressed by the planning board and invited all concerned residents to attend the next planning board meeting June 25, 1987 at 7:30 p.m. at West Niles Fire House. Attorney Smith stated one thing that the Board could do is pass a new law or require a permit, however, passing a law for something that was legal before likely will not change an established activity. The previously established activity would be grandfathered. Attorney Smith inquired if the Planning Board was ever involved with the expansion from eight to 40 races and the increase to four tracks. Attorney Smith advised the Town's Code Enforcement Officer, Mr. Jerry VeVone to coordinate with the Planning Board as to the history of the Frozen Ocean Motorsports expansion. Attorney Smith stated that the Town of Niles has traditionally had very few land use and zoning laws. He stated that there are pluses and minuses to that and maybe now was a time for the board to review and rethink the current policies. Deputy Supervisor Bernard Juli stated that sometimes races have ran past 11:00 pm and sometimes as late as 2:00 am. Attorney Brody reminded the Board that the Town currently does not have a noise ordinance policy or law. Attorney Brody said that passing a law could be done but often Towns find it difficult to obtain the necessary equipment but that he has seen it done. Attorney Smith advised the board to think about instating a special permit law or noise ordinance policy. During the March 16, 2017 Planning Board meeting, Mr. Don legal representative for Mr. Ryan Walczak approached the board to discuss the transfer of property located at 4415 Vanderstauw Road, Auburn, ---PAGE BREAK--- Regular Meeting, May 2017 NY. Mr. Walczak is purchasing the land and business known as Frozen Ocean from Mr. William Denman. Mr. Walczak does not plan to make any major changes and he is aware that if he does wish to make any major changes in the future, he needs to contact the proper authorities for approval. Attorney Smith advised that the Town Board work very closely with the Planning Board. Attorney Smith said if the Planning Board has questions they can reach out to him for guidance. Attorney Smith advised Mr. Barrett to participate with the Planning Board in regards to any applications that Mr. Walczak may have submitted. The Planning Board will want to hear from neighbors during their decision making process. Mr. Patrick Murray then spoke. Mr. Murray also lives on Twelve Corners Road. Mr. Murray agreed and supported the statements Mr. Barrett made. Mr. Murray stated that the eight original races have turned into many times more than that and now the Motorsports Facility is turning into something else. Mr. Murray asked if the Facility is allowed to have a race every night or if there is a limit as to how many races are allowed a year. Mr. Murray stated that when he is out bow hunting or trying to have dinner with his family he can't hear anything but all-terrain vehicles (ATVs) and that doesn't seem fair. Mr. Murray stated that there are two practices a week, ATVs, snow mobiles, increased traffic - in his opinion the noise and races are getting out of control. Mr. Murray stated that the noise decibel level has increased. Mr. Murray requested that some sort of regulation be put into place to stop expansion. Ms. Karen Porter then stated that she lives on DeWitt Road and she can hear the practices and races. Ms. Porter stated that the Motorsports Facility is negatively affecting a lot of people, not just those residents that share property boarders with the Facility. Supervisor Jayne inquired if the property has officially been transferred from Mr. Denman to Mr. Walczak yet. Mr. Barrett stated the owner on record is still D&D Promotions, LLC which is Mr. Denman's organization. The Code Enforcement Officer, Mr. Jerry VeVone inquired if the original parcel was still intact or had been split into two. Mr. VeVone and Attorney Smith concurred that the Planning Board would need approval before the property is subdivided and that any commercial activity would need site plan approval. Attorney Smith stated that if there has been expansion since the Planning Board was created then it is his opinion that any expansion should have been applied for with the Planning Board. Attorney Smith is going to contact the Planning Board to get a clear picture of what has been done in the past and if any current applications for expansion have been submitted. Mr. Jerry VeVone is also going to investigate current race track state laws. Mr. Barrett inquired if a year-long moratorium stopping any further expansion of the Frozen Ocean Motorsports Facility could be put into effect. Attorney Smith stated he needed to do more research to know what options may potentially be available. Supervisory Jayne asked what the next step is. Attorney Smith stated that the Code Enforcement Officer will do some investigation on what the Motorsports Facility has done and what they are intending to do. Attorney Smith asked for some direction from the Board on if he should draft a special ordinance or special permit law. Attorney Smith asked that the Board call or e-mail him. Councilman Cuddeback said that coordination with the Planning Board needs to happen first . Mr. Barrett stated that a new track was built over the winter. Mr. VeVone said we don't know if they had an original agreement or not. Nothing was found in previous minutes. Attorney Brody said that none may have been needed. Mr. VeVone stated he will research and get back to the Board. ---PAGE BREAK--- Regular Meeting, May 2017 Discussion as to what Mr. Denman may have in writing regarding an agreement to number and size of races ensued. Mr. VeVone and Attorney Brody will investigate. Supervisor Jayne stated to Mr. Barrett and Mr. Murray that she and the Board are aware of their concerns and it won't be an overnight answer but that we will research and investigate and see what can be done. APPROVAL OF MINUTES On a motion by Councilman Cuddeback, seconded by Councilman Juli the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED that the minutes of April 13, 2017 be approved DEPARTMENT REPORTS CODE ENFORCEMENT: Spring building construction permits continue to come in. There is a property dispute on Owasco Lake on a structure going up. A constituent is calling a lawyer concerning her Valentine Road property. Supervisor Jayne stated she returned the constituent's call and recommended that she contact the Health Department. ASSESSOR’S REPORT: T. Schramm absent but submitted a report. The 2017 Niles tentative tax roll has been generated and the change of assessment notices have been mailed. Grievance Day will be held May 25th from 4- 8 pm at the Town Hall. On July 1, 2017 the Final tax roll will be generated; notice will be published in the newspaper. In October 2017, a letter will be sent out along with exemption applications requesting a new original application to keep on file for parcels currently receiving exemption that do not have an original application on file. This is so that the Town will be compliant with NYS Comptroller town audits of assessor's office. TOWN ATTORNEY'S REPORT: Attorney Smith stated that there has been some movement on the subrogation lawsuit involving the claim for the former Highway Garage. The depositions for Roger Slater and Doug Winters have occurred. Attorney Smith referred to two documents placed in front of the Board members; the first was the Town's current setback law and the second is the proposed changes to the Town's setback law. There is some interest from the board to address tanks being placed on or over property lines. The proposed amendment is to add tanks to the definition of building because the Town already has setback rules for buildings. The tanks would then have to be 25 feet from the property line just like a building would. A building envelope smaller than the setback would need a variance. Attorney Brody said that this proposal was just an example and he could draft something with a smaller setback just for tanks. If the tank is on another property that is a trespass violation. Mr. VeVone stated that if a tank was under the definition of a building then a building permit would be needed to put a tank in. The Board advised Attorney Smith to leave the current setback as it is, do not add tank to the definition of a building. Mr. Jerry VeVone inquired as to the status on solar panel construction. Attorney Brody stated that there is a moratorium in place to prevent commercial solar farms. The solar moratorium specifically excluded solar panels on private roofs or on the ground that would power one home. The intention is to prevent merchant energy producing farms. TOWN CLERK’S REPORT: Received shares totaling $628.69 and has been deposited. Town Clerk asks Supervisor to make a Motion to approve Abstract 5 (May bills). Motion by Supervisor Jayne to pay Abstract 5 (May bills), seconded by Councilman Cuddeback, motion carried ---PAGE BREAK--- Regular Meeting, May 2017 HIGHWAY SUPERINTENDENT’S REPORT: Mr. Steger presented daily log for highway and related projects. Mr. Steger presented an Agreement for the Expenditure of Highway Moneys 1. GENERAL REPAIRS: $307,640; 38.7 miles of town highways, including sluices, culverts and bridges 2. PERMANENT IMPROVEMENTS: On Corrigan Road commencing at midway and leading north to 12 Corners road - $65,000 On various Roads (distance of 10 miles) - $120,000 On Mack Road commencing at NYS Route 41A and leading to Old Salt Road - $10,000 RESOLUTION #2017-57 AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS Motion by Deputy Supervisor Juli, seconded by Councilman Edmonds to accept an Agreement for the Expenditure of Highway Moneys for general repairs and permanent improvements as proposed by Highway Superintendent Steger Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED to sign agreement to spend Town Highway funds on proposed highway general repairs and permanent improvements as proposed by Superintendent Steger Highway Superintendent Steger met with the Highway committee to discuss the truck and snowplow replacement on April 30, 2017. Mr. Steger presented a copy of a sales order from Tracey Road Equipment to the Board to purchase a 2018 Western Star 4700SF Tandem Axle with a Detroit 470 Horse Power engine to include a 7-year extended warranty for $197, 633.52. The basic truck cost was $135,614 and the Viking snow plow and body package was $62,019.52. Mr. Steger stated that we are providing a plow and wing. We are paying for the fittings and hydraulics. A 30-day permissive referendum was published in The Citizen on April 20, 2017 to accept bids for a new highway truck with plow package from the highway capital equipment fund capital, not to exceed $200,000. RESOLUTION #2017-58 PURCHASE HIGHWAY TRUCK WITH PLOW PACKAGE FROM TRACEY ROAD EQUIPMENT Motion by Deputy Supervisor Juli, seconded by Councilman Cuddeback to purchase highway truck with plow package from Tracey Road Equipment for $197,633.52 using capital from the highway capital equipment fund. Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED to purchase highway truck with plow package RESOLUTION #2017-59 SUPERVISOR TO WRITE A LETTER TO GROTON BANK AUTHORIZING BOOKKEEPER SUZANNE SINCLAIR AUTHORITY TO INQUIRE ON VARIOUS ACCOUNT TRANSACTIONS On a motion by Councilman Cuddeback, seconded by Deputy Supervisor Juli the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED for Supervisor Jayne to write letter to Groton Bank authorizing Ms Sinclair authority to inquire on account transactions ---PAGE BREAK--- Regular Meeting, May 2017 RESOLUTION #2017-60 APPROVAL OF DEPARTMENT REPORTS On a motion by Supervisor Jayne, seconded by Councilman Cuddeback the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays RESOLVED to approve department reports PRESENTATION OF 2017-2018 MORAVIA CENTRAL SCHOOL DISTRICT BUDGET Mr. John Birmingham, Superintendent of Schools gave the school budget presentation. School Board President Michelle Lyon, Vice President Shawn Becker, board members Leigh Hess and Jeff Carmichael were also present. Mr. Birmingham, also a Town of Niles resident, publicly thanked Superintendent Steger and his highwaymen for working so hard to keep the roads open during the winter for school. Mr. Birmingham gave a current overview of the Moravia school district to include this past year's student and staff achievements. Mr. Birmingham then briefed the proposed budget and explained the three propositions that were to be placed before the voters. The goals of this budget is to provide the best educational experience we can for our students while being responsible to our tax payers Mr. Birmingham urged voters in the Town of Niles to support the Morava School District and to please vote on May 16 between 7am and 9 pm. SUPERVISOR’S REPORT RESOLUTION #2017-61 ACCEPT SUPERVISOR’S REPORT On a motion by Supervisor Jayne, seconded by Councilman Cuddeback the following Resolution was ADOPTED Ayes Cuddeback, Edmonds, Jayne, Juli Nays Resolved to accept Supervisor’s April financial report OTHER BUSINESS: Supervisor Jayne presented Adams and Son Inc. Town of Niles insurance renewal. Supervisor Jayne stated she was very pleased with the service the town is receiving. Supervisor Jayne, Deputy Supervisor Juli and Youth Director Karen Porter attended a Youth Recreation meeting on May 10, 2017. The cost per student for the summer recreation program at the Fillmore Glen is $198. Each child from every town will pay a $20 registration fee. Ms. Karen Porter felt the meeting went well. Supervisor Jayne also stated that Niles has a swim program. There was a general consensus that Niles should not have to pay more than our fair share to cover budget shortfalls of other towns. Ms. Porter has the proposal for the swim lessons. The cost is the same as last year. Niles pays for the cost of the bus. Moravia Central School provides the bus but we pay for it. Sign-ups for swim lessons are in June. Shared Services: Mr. Batman would like a response from us by May 15, 2017 on what shared services we have. Mr. Steger said he would assist Supervisor Jayne with the response. ---PAGE BREAK--- Regular Meeting, May 2017 Supervisor Jayne received Ms. Eleanor Beck's resignation. As of May 22, 2017, Ms. Beck will no longer be employed as Bookkeeper. Motion made by Supervisor Jayne to adjourn, seconded by Councilman Juli; unanimously carried to adjourn at 8:42 p.m. Respectfully submitted, Tiffany H. Landis