Encroachment Agreement Fails To Pass At Syracuse
December 19, 2019 at 1:47 a.m.
By Denise Federow-
Attorney Steve Snyder, representing Gordon and Laurie Lord, gave a lengthy presentation of the history of the property via photographs, showing that the ornamental fencing, while in the town’s right of way, has not presented a problem for the town or public. The Lords replaced a chain-link fence installed by previous owner with an ornamental one and have maintained it and landscaping around it.
Snyder also said the previous owners had installed a concrete drive in that right of way that the town doesn’t maintain but is used by the public to access the lake, and that the Lords and the previous owners have always maintained it.
Snyder was asking the council to sign an encroachment agreement that basically stated that the Lords could leave the fence where it is, and if at any time the town should need to widen the road or need that right of way for any purpose, they’d need to move it back. Snyder said the law states that property owners have that right anyway and the only reason it’s an issue is because the zoning ordinance creates the violation, but if the town says it’s OK the lawsuit is void.
Council members were at first confused as to why they were being asked to address the issue and why the county was filing a zoning lawsuit in town. Snyder said someone filed a complaint and it’s been going on nine to 10 years. Gordon Lord said they first received a letter in 2010, and he responded explaining a fence was there when they bought the property so they believed it was grandfathered in. Lord said he didn’t hear anything for several years until their neighbors built and put in a retaining wall in the same place that their fence is in and Lord believed they’d gotten a variance. After that the lawsuit was filed in September 2017.
Councilman Larry Siegel said several times that the Lords should just sell the fence to the town and continue to maintain it. Lord explained with all the public use surrounding their property down to the lake, the fence helps to provide a visual barrier.
Councilman Bill Musser made the motion to approve the request with the knowledge that the town could require them to move it at any time. The motion died for lack of a second. Siegel and Tom Hoover didn’t want to enter into an agreement. Councilman Paul Stoelting said he’d abstain because he was a defendant in a lawsuit that was close by that had gone all the way to the Supreme Court in the mid-1990s that had to do with pier access to the lake next to the Lord’s property.
Stoelting said, “The problem I have is that there are all sorts of these violations in town and most are getting an extra 10 feet of untaxed property – they can put up a fence, mow it and call it theirs – we may as well sell it to them.”
Snyder repeated and town attorney Vern Landis agreed that the town doesn’t own the property in question, the property owner does, and the law allows them to do what they wish with it even if it is in the public right of way as long as it doesn’t infringe on the town’s access for utility purposes or widening the road or public use.
Most of the council didn’t seem to get that and Council President Larry Martindale said since they weren’t getting anywhere they’d table it.
Siegel made a motion to write a letter to the county board of zoning appeals asking them to drop the lawsuit and that passed with Stoelting abstaining.
Snyder said earlier when Siegel brought that idea up that it could help but it wasn’t a permanent solution because the BZA could file a lawsuit again.
Water/Wastewater Budgets Approved
The council approved the 2020 budgets for both the water utility and wastewater utility. The water budget is a 9.04% increase over 2019 – $860,500 versus $789,150 in 2019. There’s an $18,200 increase in retirement due to switching to Public Employees Retirement Fund (PERF), a $21,000 increase in health insurance due to Town Manager Mike Noe also acting as water and wastewater utility superintendent and a $42,000 increase in miscellaneous due to possible building repairs.
There’s a $72,000 decrease in contract services due to not having the water/wastewater utility contract service.
The wastewater budget is a 12.77% increase from 2019 – $1,056,900 versus $937,200. There’s a $35,000 increase due to PERF, $8,500 for town manager pay, $25,000 decrease due to not having the utility superintendent contract and a $20,000 increase in capital improvements for repairs and purchases.
Several End-Of-Year Purchases Approved
Noe brought several end-of-year purchases to the council for approval, including two more radar signs at a cost of $7,246 from Radar Signs, with the cost split between the town manager and police budgets. The council also approved Clerk-Treasurer Paula Kehr-Wicker cutting a check for half the cost of work being done at the wastewater plant. The contractor asked for $18,585 for materials.
The council also approved the purchase of a new dump truck/salt truck for the street department at a cost not to exceed $195,000.
Noe received approval to get work done on handicapped access for town hall, including the west door, the clerk’s office door and bathrooms at a cost not to exceed $50,467.
Police Purchases Approved
Police Chief Jim Layne also wanted to spend the remaining money in his budget. The council approved his purchase of nine Safari Land body armor vests for $10,575 from U.S. Uniform, and 12 electronic control weapons from Phazzer at a cost of $13,581. Layne said the vests and the tasers need to be replaced every five years.
Council also approved buying nine body cams from Axon for $6,291. After some discussion and hesitation, they approved purchasing new carpet tiles for the police department from Goshen Flooring in Goshen for $11,608.21 and approved the clerk writing a check for half that amount up front.
In other business, the council approved:
• The fire department’s purchase of two Stryker cots at a cost of $35,050 each.
• A resolution for year-end transfers
• A resolution transferring $113,199.25 to the local road and bridge matching grant fund for the Community Crossing grant.
Town hall will be closed Christmas Eve and Christmas Day, and the clerk’s office will close to the public at noon on Dec. 31.
Attorney Steve Snyder, representing Gordon and Laurie Lord, gave a lengthy presentation of the history of the property via photographs, showing that the ornamental fencing, while in the town’s right of way, has not presented a problem for the town or public. The Lords replaced a chain-link fence installed by previous owner with an ornamental one and have maintained it and landscaping around it.
Snyder also said the previous owners had installed a concrete drive in that right of way that the town doesn’t maintain but is used by the public to access the lake, and that the Lords and the previous owners have always maintained it.
Snyder was asking the council to sign an encroachment agreement that basically stated that the Lords could leave the fence where it is, and if at any time the town should need to widen the road or need that right of way for any purpose, they’d need to move it back. Snyder said the law states that property owners have that right anyway and the only reason it’s an issue is because the zoning ordinance creates the violation, but if the town says it’s OK the lawsuit is void.
Council members were at first confused as to why they were being asked to address the issue and why the county was filing a zoning lawsuit in town. Snyder said someone filed a complaint and it’s been going on nine to 10 years. Gordon Lord said they first received a letter in 2010, and he responded explaining a fence was there when they bought the property so they believed it was grandfathered in. Lord said he didn’t hear anything for several years until their neighbors built and put in a retaining wall in the same place that their fence is in and Lord believed they’d gotten a variance. After that the lawsuit was filed in September 2017.
Councilman Larry Siegel said several times that the Lords should just sell the fence to the town and continue to maintain it. Lord explained with all the public use surrounding their property down to the lake, the fence helps to provide a visual barrier.
Councilman Bill Musser made the motion to approve the request with the knowledge that the town could require them to move it at any time. The motion died for lack of a second. Siegel and Tom Hoover didn’t want to enter into an agreement. Councilman Paul Stoelting said he’d abstain because he was a defendant in a lawsuit that was close by that had gone all the way to the Supreme Court in the mid-1990s that had to do with pier access to the lake next to the Lord’s property.
Stoelting said, “The problem I have is that there are all sorts of these violations in town and most are getting an extra 10 feet of untaxed property – they can put up a fence, mow it and call it theirs – we may as well sell it to them.”
Snyder repeated and town attorney Vern Landis agreed that the town doesn’t own the property in question, the property owner does, and the law allows them to do what they wish with it even if it is in the public right of way as long as it doesn’t infringe on the town’s access for utility purposes or widening the road or public use.
Most of the council didn’t seem to get that and Council President Larry Martindale said since they weren’t getting anywhere they’d table it.
Siegel made a motion to write a letter to the county board of zoning appeals asking them to drop the lawsuit and that passed with Stoelting abstaining.
Snyder said earlier when Siegel brought that idea up that it could help but it wasn’t a permanent solution because the BZA could file a lawsuit again.
Water/Wastewater Budgets Approved
The council approved the 2020 budgets for both the water utility and wastewater utility. The water budget is a 9.04% increase over 2019 – $860,500 versus $789,150 in 2019. There’s an $18,200 increase in retirement due to switching to Public Employees Retirement Fund (PERF), a $21,000 increase in health insurance due to Town Manager Mike Noe also acting as water and wastewater utility superintendent and a $42,000 increase in miscellaneous due to possible building repairs.
There’s a $72,000 decrease in contract services due to not having the water/wastewater utility contract service.
The wastewater budget is a 12.77% increase from 2019 – $1,056,900 versus $937,200. There’s a $35,000 increase due to PERF, $8,500 for town manager pay, $25,000 decrease due to not having the utility superintendent contract and a $20,000 increase in capital improvements for repairs and purchases.
Several End-Of-Year Purchases Approved
Noe brought several end-of-year purchases to the council for approval, including two more radar signs at a cost of $7,246 from Radar Signs, with the cost split between the town manager and police budgets. The council also approved Clerk-Treasurer Paula Kehr-Wicker cutting a check for half the cost of work being done at the wastewater plant. The contractor asked for $18,585 for materials.
The council also approved the purchase of a new dump truck/salt truck for the street department at a cost not to exceed $195,000.
Noe received approval to get work done on handicapped access for town hall, including the west door, the clerk’s office door and bathrooms at a cost not to exceed $50,467.
Police Purchases Approved
Police Chief Jim Layne also wanted to spend the remaining money in his budget. The council approved his purchase of nine Safari Land body armor vests for $10,575 from U.S. Uniform, and 12 electronic control weapons from Phazzer at a cost of $13,581. Layne said the vests and the tasers need to be replaced every five years.
Council also approved buying nine body cams from Axon for $6,291. After some discussion and hesitation, they approved purchasing new carpet tiles for the police department from Goshen Flooring in Goshen for $11,608.21 and approved the clerk writing a check for half that amount up front.
In other business, the council approved:
• The fire department’s purchase of two Stryker cots at a cost of $35,050 each.
• A resolution for year-end transfers
• A resolution transferring $113,199.25 to the local road and bridge matching grant fund for the Community Crossing grant.
Town hall will be closed Christmas Eve and Christmas Day, and the clerk’s office will close to the public at noon on Dec. 31.
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