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HomeMy WebLinkAbout1991-04-08282 MINUTES OF TOWR BOARD M-ET1ING HELD NONDAY, APRIL 8, 1991, AT 7.30PM Those present: Tex'esa M. Robinson, Supervisor Gordon C. VanBenschoten, Councilman Ellard L. Sovocool, Councilman Donald E. Lummings, Counoilman Jack Fitzgerald, Attorney Arrived Late: Carl E. Haynes, Councilman Also present: Leland Cornelius, Margaret Palmer, Betty Spexger, Abe Congden Clain Foos. 54 to 72 of the Highway Fund in the amount of $3,397.01, and Claim Nos. 8 to 127 of the General Fun in 'the amount of $11,973. Z ' were presented f'or audit.. Moved by Mr. VanBenschoten, seconded by [fir. Sovocool, that the bills be approved for payllent. Ayes - Sovocool, VauBenschoton, mmingz, Robinsori (Absent - Haynes) Moved by [fir. VanBens(;haten, seconded 'by Mr. Sovocool, to approve minutes, of March 4th, 11th and April i.st, meetings as mailed, Ayes = Sovocool, VanBenschoten, ,Cummings, Robinson. (Absent - Hayr7es). Monthly reports frort the Town Clerk ared Town Justice Heffron were reviewed. Coxrespondence consisted of: l) Letters from Senators regarding Town's resolution supporting no cuts in youth programs; ) Ga�cy Mood's letter to Burns Electric regarding outside lights on riew building; ) Residential Assessment Ratio is 94401; 4} zoning letters Supervisor Rabineon said our Appeals Board Members had $pent money out of their own pocket to xetain an attorney regarding the Tichenox' case, Supervisor felt Town should reimburse David. Ofnex` the $300.00, Consensus of Board was to wait and disours matter later. Margaxet Palmer was present and apologized to'the Board for not being here last month to fallow up on hex request of last February. panted to know how Board was proceeding on her request for policies and procedures concerning payroll and raise increases. 1 did notice a. diffex`ence in my unit rate so I assumed something had been done but I'd like to know what has been done or decided so I kr[uw what to do next year xegarding raises. Supervisor Robinson said everyone should have gotten } increase. Supervisor Robinzon aa.so said hex paycheck should have x•eflected this incxease. Peg said.. it did not reflect retroactive pay. Supervisor Robinson sa7,d it was put in aE� houxs. Peg said she would like to know what the Towel's policy is in requesting increases. Supervisox Robinson zaid there is a blank that should be filled,out, Town Clerk said there zs an expenditure sheet that. the Supervisor is to hand out in September to each department and employee fox completion and return to Supervisox by Beptember 20, 'Dan Gumming$ commented that he is getting less money this year than last year. Lewie..Sovocool asked if it could be because they are now taking out withholding. Lewie also asked how they could be taking out Withholding when he never filled out a W- 2 farm. Supervisor Robinson said he had filled out a W- Farm a long time ago. Lewis said for 0 years he never had it taken out until the last two checks. Betty Spexger inquired about hiring Mr. Chuck Rankin to be bookkeeper and if we weXe now up -to -date. Supervisor replied no. Mrs. Spexger suggested Taifn hire someone that would be able to keep records up -to -date. Mr. Haynes asked fts. Spexger where the assumption came ftom that he hasn't got things up-to -date. Mrs.w perger said I just asked her and she told me no. Mr. Haynes said she said she didn't know. Mrs, Spexger said she told me rya. Mr. Haynes said he didn't share that respective. He said usually we run a month behind in your financial report. Mrs, Spexgex asked if we were all done up to 1990 and through March 1 of 1991. Mr. Haynes said T?+e � are pretty. close �o it, enough so that I think I'd 'be atleast satisfied with the=-- kea.sons why we weren't if we weren't, ITm not at all dis$atisfied with Mr. Ranki.n's performance. ....... [ors. Sperger also asked if everyone in the Township received letter regarding gunk cars. Approximately 00 -25D letters were sent, out, Mrs. Sperger suggested that R.ehbeins and Benson. be checked into. • s • 2831 Abe Congdon inquired as to whether anyone here was policing the John Anderson deal. Nothing is being done. He just sees figures. Board responded that the Town ha$ cleaned it up in 1979 and again in 1984. The County is currently cleaning it up. Mr. Congdon said this is xidiculous and. wanted to know if anyone here on this Board was doing anything about it. Board and Town Attorney replied that Mr. Anderson is in contempt of court order right now. It's very difficult to police when he's doing it at odd hours. The Town is now trying to work out a compramise with the County so that this doesn't happen again. The County footed the last bill for cleanup. The County has not come back to the Board with any figures. We have an agreement that has not been approved by the court yet where Mr. Anderson is willing to reimburse either the Town or the County for a share of the expenses. Mr. Congdon asked if there wasn't an environmentalist around that could police it. Attorney advised that environmental people were involved in the last cleanup. Mr. Congdon said Mr. Anderson is violating the law and should have to pay for it himself rather than the taxpayers footing the bill all the time. Attorney will contact County tomorrow to see if they intended to removal all materials and what they want to do with the mortgage. The Board shares Mr. Congdon's frustration in this matter. Mr. Congdon also inquired about letter that went out to junk car owners, in particular, Mr. Knapp's cars on Route 222. He was informed that Mr. Knapp was in the Village and the matter was being worked on. If Gary Wood is supposed to be enforcing this law, he should be taking care of it. It has been going on for a long time and nothing has been done. Mr. Congdon also has complained about Farrell's building being a hazard on Main Street with bricks ready to fall out, Nothing has been done. Chuck Rankin presented Bookkeeper's Report for December 1990 - Reviewed report and discussed possible state cuts for next year and how they would affect work schedule. Mr. Rankin also presented 1990 year -end budget adjustments for Board approval. Clerk questioned how her personal service account #1410.1 could be overdrawn by $100 since this is her salary account, No answer could be given. RESOLUTION NO, 15 - AUTHORIZATION TO A14END 1990 BUDGET - YEAR -END BUDGET ADJUSTMENTS Moved by Mr. Haynes, seconded by Per. Cummings Ayes - Sovocool, VanBenschoten, Curlunings, Haynes, Robinson RESOLVED, that the Town Board does•hereby authorize the following 1990 year -end budget adjustments as submitted by the Bookkeeper: TON14 OF CROTON Y16*W END 1111NUET ADJ(ti,`47.IENTS ],Igo GENERAL From: Contingent: Fu11d - 1990.4- 12,285 TD: Justi[oS -Fors Ser.- 1110,1 -$g00 Buildings -Other Exp.- 1620.4 -$700 Clerk -Pers. Ser,- 1410.1 -$1UU Porsonnel -Other Exp,- 1410.4 -t5 Building- Misc.- 1621.44280 Traffic Control_3310.4_$700 veteran'; Srv0s- ti510.4 -$1041 Historical Prop,- 7520,4 -$1000 GENERAL - OUTSIDE VILLAGE From: Conrin8ent Pvnd- 1990.4 -$S0O TO: School Crosa Guard -PITS• Srve- 1620,1 -$500 111CHNAY From: Sete Rot! roment- 901 Co. $_$16,500 To: Equipment- i.7ther Exp,- ;130.4- $i4,SUU 111GHNAY - 0UTSIDF. VI1.LACE From: Gen. Repair$ - Per: SrVrs..5110,1- $IO,U00 Io: Gen, Repairs -Other EXD.- 5110,4- $19,300 Scate Ilet:irercnt- 9010.8- S0,04h9 Social Securitv.9030.6 -$30D `FUND E,1l.MC.P. - 12/31r;)U Actual Bird ^e t ed GENERAL a' d $36x,172 $115,000 -GENERAL - OUT V 11 77 1 166 42,ODD NICNNAY 1830(FU 125,000 6 NI0illAY - OUT Vll.l. 27,124 180-200 e 284 Mr, Rankin 2�epoaAed that CHIPS money has been cut 60%. Town usually gets $4x.,000 but now will raceive $16,000. Revenue sharing loss is estimated to ba about $70,000. All total Tosco stands, to loose $100,000 in State Aide monies if Cuomo gets his 1%ray. Nx. Rankin suggested we look to cut. or Wait: til we get rlews and then cut. Discussed sealing roads: the -t were paved last year such as Elm Street, Sovocool Bill Road, and Champlin Road From Route-22 to McLean. Possibly will have to wait to see how much paging we can do. Board asked ft. Cosnallus, Highway Superintendent, to cote back with job list and-oost, RESOLUTION NO, 16 - ACCEPT 1990 JUSTICE COURT AUDIT Moved by [fir. Sovocool, seconded by Mr. VanBenschoten Aye$ - Sovocool, VanBenachoten, Cummings, Haynes, Robinson ' RESOLVED, that the Town Boax'd of the Town of Groton does hereby accept. the 1990 Town Jas'tice Court Audit Reports as submitted by Giasohi, Dietershagen, Schaufler and Mickelsor7, Certified Public Accountants. RESOLUTION NO, 17 - AUTHORIZATION TO SIGN HUD CHECKS Moved by ft. Haynes, seconded by Mr. Cuminxngs Ayes � Sov0000l, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Supervisor and Deputy Supervisor be authorized to sign checks fox the HUD Grant Funds, Tompkins County Personnel Department has infomed the Town that we need to create the position of Crossing Guard. We already have appointed an individual for this position who works at the McLean School Crossing. RESOLUTION NO. 18 - CREATE POSITION OF CROSSING GUARD Moved by MT. Sovc000l, seconded by Mr. Haynes Aye$ Sovocool, VanBenachoten, Cummings, Haynes, Robinson RESOLVED F ',"that the Town Board of the Town of Groton does hereby desire to create the positiazi of a, part'. time--_Crossina Guard, Discussed trash pickup for 1991. Supervksox7 Robinson reported that any trash the Town itself picks up we're going to have to gay for it since nothing goes into the landfill without a charge. The cost is riow $70 /ton. County has forwarned Town not to have trash pickup days. Consensus of Board was that cost to Town would be prohibitive. Local trash haulers do pick up trash for a fee and take it to the dump, , RESOLUTION NO, 19 - DESIGNATE POLLING PLACES FOR 1991 16 [loved by Mr. VanBenschoten, seconded by Mx. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RE OMVED, that the 1991 Poll] ng Places -.be designated a follows : D.tstxict #1 - West Groton Church Disti`ict #2 V#9 - Groton Toern Hall, District #4 - McLean Fire Station RESOLUTION NO, 20 - 0011BINE ALL ELECTION DISTRICTS FOR REGISTRATIGiN DAY Moved by ltr. Cummings, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, GUrnmings, Haynes, Robinson RESOLVM, that Election Districts #1, #2, #3, and #4 be oombinpd for Registration Day atLthe Groton Town Hall, Discussed setting date fox annual road inspection. It wa,s decided to wait until our May Board Meeting to se't a date. Highway Superintendent, Leland Cornelius, would like Board apprcva.l to purchase a stake rack and power tail gate for the truck body he purchased Previously. Truck would be used to move voting rn�c;nines and other heavy items. EESOLUTION NO, 21 - AUTHORIZE HIGHWAY SUPERINTENDERT TO PURCHASE STAKE RACK AND POWER TAIL GATE [loved' by Mr. VanBenschoten , seconded. by Mr. CurniiLings Ayes - Sovocool 9 VarrBenschoten, Cummings, Hayries, Ro�7inson k RTB61 Mn. that the Highway Superintendent be authorized to a stake rack and power tail gate at a cost of10. V purchase Gary Wood, Code Enforcement Officer, reported that he had issued 16 building permits to date compared to 15-in 1990 at this time. Dollar amount is considerably lower this year. All inspections are up to date. Mr. Wood brought up Tichenor matter -- His consultations with Jack and Lyle during last meeting were discussed with Board and talking with Lyle since then he felt the minutes fairly portrayed what the three of them had discussed. Mr. Wood felt that he deserved to be told that he was wrong and not find it out like everybody else did by the mail. This has happened the second time in less than a year -- McLean Fire Dept, ............. This brings my suggestion, Teresa, that you should give the Board my resignation letter that was given to you some time ago. ......., Mr., Wood continued by addressing what Teresa said last Monday night regarding certain orders and procedures. If you review the laws that you have passed, there is no where in there that the 'Town Clerk is involved in code enforcement. The way we got into this is that first of all two years ago we agreed that 50% of the Deputy Clerk's time would be assigned to code enforcement along with planning, so that the Deputy does to some degree serve under my direction. • Secondly, I think the obligation to the public is the Clerk's office is open ...........And, thirdly, I think that the Clerk has some responsibility as the official keeper of records..: .............. ,Next problem is electrical problem -- There is no way that we are going to make corrections out there that Floyd Ferris, the Electrical Inspector, wants. What this hinges on is the idea that the lower 18" in a motor vehicle repair place is a hazardous location and if a conduit passes through that hazardous location it's supposed to have some kind of a seal off. The idea there is that if vapor should get into the conduit and rise up the conduit to a switch and the switch creates a spark and causes an explosion. Floyd's position on this is that if there is any kind of ........................... My own feeling; is that Floyd, do what you may, we're stuck with the situation as it is. Freije did the best that they could.............. At some time you may have to rewire the whole garage. I would like to recommend that you pay rreije's bill for what they did in garage. This bill is $3728. Freije will argue that he has met -code and Gary felt Frei�e. met code. Pay on grounds that F-rei,j'e A and Gary anticipated that it met code. (Board, Gary and Attorney discussed liability, responsibility and haz4rd if left as is.) Floyd•Ferris has assured that this is a code requirement back when building was originally built and probably nobody ever inspected that wiring. Gary said he felt that we (FreijO has met the code requirements. Gary feels Floyd Ferris is carrying the matter too far. Board, Attorney ` and Gary discussed appealing to higher authority, the State Department of Housing-and Urban Renewal, for code interpretation. Gary will take care of appeal. Consensus of Board was to hold off paying Freijt invoice until we hear from higher authority, Jack Fitzgerald - panted to be heard on Tichenor matter. Jack agrees with Gary that he Gary and Lyle went in during December meeting for about one - half hour and discussed both sides of the issue. Jack wasn't asked to give an opinion one way or another. I think you have to realize that reasonable people can differ in their interpretation of the statute as can a judge when he's reviewing it. I told them what they would have to examine if they were going both ways. Either way -- whatever decision was finally made. The decision was made on December 27 and you had already given me permission to be absent at the January meeting when I took my first long vacation. The first I heard about it was in February when I came back and unfortunately we had the afternoon meeting on March 11th. This thing from the appellate standpoint was no longer an issue at that point. Unfortunately, I didn't raise the question at all because the question that was on Lyle's mind and George's mind was more of why aren't we appealing this thing more than anything else. I neglected to examine the time • consequences of it. Apparently somebody on this Board decided they wanted more information. I have to tell you that nobody called me. I wasn't asked by Lyle,,George or anybody. I have no idea when Gary approved it in the first place. Lyle was told both sides of it in the December meeting. I've had a feeling for sometime that there are people on both of these Boards that seem to have ulterior motives. Gary said that final analysis of December discussion was, "Gary, do whatever you wish because either way you could be wrong." Gary said that having looked at the lot, he felt very strongly that where Tichenor wanted to build the house was the place to build the house. Gary presented idea to Board at January meeting. Board was under impression that Gary was leaning in direction of issuing permit but Board wanted to wait until Attorney got back to discuss further. Mr. Mood stated that he sensed he has lost touch with everybody and left the meeting. Moved by Mr. Haynes, seconded by Mr. VanBenschoten, to go into executive session to discuss personnel at 10 #00PM. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. Board meeting reconvened at 10:)OP,M, Supervisor Robinson said no decision was made in executive session, Notice was received that the Groton Golf and Recreation Association, Inc. has applied to renew its. summer lzquox license. h,a objections were made. Dory Fingext�,cod, Regional Cataloger fax tie New York State t�ewspaper Project would like Town to complete "A Public Access Informatr Form ". The purpose of the NYSNP is identify:. ng, describing, preservdng and making available to reseahers ths e i rc gnificant newspapers' in all communities in, NYS sine e the first publication in 1725. The project consists of two stages* m bibliographic stage of inventory and cataloging and a preserva- tion stage oS- microfilming. One question is "Will our Town loa. newspaper collection - Microforms (Yes), Griginals ITO) and would our-Town be' willing to cooperate with the State Library in preservation microfilming including loaning of original copies of our collection (Yes or Cho). RESOLUTION ISO, 22 NYS NEWSPAPER PROJECT - MICROFILMING Moved-by Mr, Haynes, seconded by Mr. Cummings Ayes Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby wish to cooperate with the. New York State Newspaper Project by loaning newspaper mioxofilms for copying .for a pexiod not to exceed O days or inhouse microfilming of recent newspapers that have not been microfilmed. Supervisor updated Board on toxic substances In To`.rn Building and location of charts listing che�,I'als. and what to do if you come into contact with chemicals. Labor Department did an inspection and one of the requirements was to provide this lecture on toxic substances, the wearing of helmet and vests by highway wOrkexs, etc. We have been asked to suppoxt and participate in the July 5th homecoming celebration for veteran's from the Gulf in Cortland. Supervisor reported the monies we2�e received from the Count{ and State for Youth Programs. Chapter 11 Reorganization Uni -Gore and Michael Hovanec -- A disclosure statement was filed Mare 11 and a hearing in Albany has been scheduled. Last date to file objection is May 8th. Attorney advised that in response to Colleen t s question, no, you don't have to do anything. Attorney advised that we could write to Ed Crossmore and. request a copy of plan4 to see how he 'treaters the Town. There being no further business, Mr. Soviceaol moved to adjourn meeting, seconded by Mr. VanBensohoten, at 11:00 P.M. Unanimous Colleen D. Pierson Town Clerk I