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HomeMy WebLinkAbout1991-05-13MINUTES OF TOWN BOARD MEETING HELD MONDAY, MAY 13, 1991 AT 7:30 P- MO Those present: Teresa 14. Robinson, Supervisor Gordon C. VanBenschoten, Councilman Donald E. Cummings, Councilman Carl E. Haynes, Councilman Jack Fitzgerald, Attorney Arrived Late: Ellard L. Sovocool, Councilman Also present: Leland Cornelius, Abe Congden, Betty Sperger ■ Moved by Mr. Cummings, seconded by Mr. VanBenschoten, to approve minutes- of April 8th meeting as mailed. Ayes - VanBenschoten, Cummings, Haynes, Robinson (Sovocool - Absent). • Claim Nos. 75 to 106 of the Highway Fund in the amount of $17,483.57 and Claim Nos. 135A to 158 of the General Fund in the amount of $5,920.32 were presented for audit. Moved by Mr. VanBenschoten, seconded by Mr. Sovocool, that the bills be approved for payment. Claim No. of the Ca ital Reserve Fund in the amount of $1660 ($1625 for bronze plaque and 35 for no smoking signs) from Specialty Trophies & Awards was presented for audit. Moved by Mr. Cummings, seconded by Mr. Haynes, that the bill be approved for payment. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. Monthly reports from the Town Clerk and Town Justice Heffron were reviewed. Correspondence consisted of: 1) Notice of re- organization plan for Michael Hovanec of Uni -Core with Atty. Fitzgerald's cover letter to Town; 2) Summons and Complaint served on Town regarding Hedlund's suit. Served on April 29th and Atty. Fitzgerald. contacted Attorney representing plaintiffs and got an extension until June 6, 1991, to serve our answer. They are sueing the Town saying that we knew or should have known that this was going on and -we should have stopped it. There is no act of negligence on behalf of the Town; however, since it is an environmental 0000.., hydrocarbons, from the County Barns leaked into the ground and got into there water supply. Since it is an envorinmental 00.00004, I think it behooves the Town probably to get somebody who has expertise in the field to defend the action. However, I do have what might money saving suggestion, and probably was one of the purposes in getting the extension, is under the procedural rules now you can instead of putting in a normal answer denying this, that and the other thing, and then going through all the various discovery procedures before a trial,, you can make a motion for summary judgement. You can say to the court there is no basis whatsoever to hold the Town in in this particular case since they are not alleging: any act of negligence on our part. They are sueing the County of Tompkins, Town of Groton, Mr. and Mrs. Ploss and Jane Doe and John Doe. Atty. Fitzgerald suggested that if Town wanted to hire them because they are alot cheaper than what Environmental Attorneys would be, to put in an answer and do the research necessary to formulate a brief to try to get out of the thing. There is absolutely nothing lost in this procedure other than whatever time might be invested or whatever money would be invested. If the court denies it, then there's time enough to go hire somebody who has expertise in the field just in the event that the thing haunts you someway- -or another. The Town does not have insurance to cover this. Mr. Abe Congdon asked Board if they new Carl Capalello who is a State Environmentalist who lives in Summerhill. Mr. Congdon suggested Board request this fella to come down and check out problem. Atty. Fitzgerald felt that approximately 10 hours of research would be involved at a rate of $100/hour as opposed to $180 - $250 from anybody that specializes in environmental work. The County has to take the lead since they are charged with an act of negligence. ............ 414 288 RESOLUTION NO. 23 - AUTHORIZE FITZGERALD, TAYLOR, POMEROY & AW%1STRONG TO BRING MOTION OF SUIThIARY JUDGEMENT - HEDLUND CASE Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board of the Town of Groton does hereby retain the firm of Fitzgerald, Taylor, Pomeroy and Armstrong for approximately 10 hours at their normal billing rate to bring a motion for summary judgement in lieu'of an answer to Verified Complaint of plaintiffs Hedlund and Brown. Corres ondence consisted of: 1 McLean Fire Department notification of intention to renew liquor license. -- No objections by-Board.. 2) Zoning Violation Letters - David Pierce, Terrance Ripley, Ronald Etson, Floyd Galbraith, Debra Stewart, Floyd & Sharon Stroud, 3 Letter from Ben Nichols, Mayor, City of Ithaca. 4 Letter from Roy Dexheimers - BOCES 5 Safety Inspection of Town Buildings completed by George Senter, CEO. 6) American Community Cablevision letter regarding theft of services. ?) Letter from NY Board of Fire Underwriters regarding defective electrical equipment in highway garage with corrections to be made in 10 days. 8) Letter from Dept. of Labor regarding prevailing wage rate of Town bldg. project. - -- Supervisor to return form saying project completed. 9) Information on Grant monies from HUD. Town Clerk presented proposed time sheets to be used by Deputy Clerk, Court Clerk, Bookkeeper, Crossing Guard, Recycling employes, and other part time employees. Board had no objections to using new form. Gary Wood - Code Enforcement Officer reported that 23 building permits have been issued to date compared to 30 last year at this time. One ZBA case - Goodwin matter on Davis Road with apartment in garage. Some time ago he was charged with violation and judge ruled that they were to apply for a building permit which was denied because of a zoning violation and that's what went to the ZBA. The ZBA, in essence, threw it out on the grounds that this was a detached room which is a little hidden thing in the zoning law which, quite frankly, I disagree with that application but that's what they did so now it's back in ray court to issue a building permit and work out zoning details. We have four junk car situations to discuss with Lyle before taking to ZBA - McKane on Devlen Road, Galbraith on Walpole Road, Hendrickson on West Groton Road and Eaton on can't remember road. We had Mr. Case on Rt. 222 before Judge. He didn't answer first citation in Court so Judge issued criminal summons. Judge directed that Case and I work out some king of a deal to clean up property. Car is gone and they have the rest of the summer to clean up rest of property. Mr. Haynes asked Gary is Lucille Baker had spoken. to him about junk cars next door. Gary said he was aware of problem and a letter had been sent. `text step is to cite them. We have two options, take them before Court or take them before ZBA. The ZBA could direct them to clean it up and if they don't then we're back to taking them to Court. The ZBA has no power but under our Zoning Law the first court is the ZBA. Gary Wood - Garage electrical problem. You directed or asked that I contact the State regarding their interpre- tation of the ruling and I......... got a call last week from a fellow in New York at the State Department and, in essence, he said he agreed with me that the concrete floor should be considered a boundary and therefore any- conduit which passes through floor at this 18" point without a break in it did not have to have this seal off. He was not able to put that in writing in time for your Board meeting because all those things have to be signed by the Commissioner and it takes months to get out of office. Presumably, in due course, we will have a written interpretation to that affect. Although it's also going to contain a disclaimer of sorts which I didn't realize. They're going to disclaim that they're really not in a position to interpret the electrical code as a written violation...... I also asked Floyd Ferris, the electrical inspector, to stop to see me to see if we could come to some kind of resolution to problem and so far he hasn't found time to do that so I presume that he is unhappy that I challenged his ruling. The other thing that has happened is that the contractor has agreed that in those few instances where he got his seal off level below the 18" level, he can coupe in and put in another........ When that's done, I'm not sure whether we stand in any better shape than without. Somewhere along the line the decision has to be made whether • • it's satisfactory or you're going to do something major out there. I have a proposal from Freije (dated February) for making corrections out there that would presumably meet the code. (Handed proposal out to Board Members), That comes to $22- 32,000 depending upon whether or not they have to do it on overtime due to shutting down garage and offices. I would like to have Board pay Freije for corrections already made in a good faith effort. (Gary , Board Members and Attorney discussed paying Freije for work already completed.) Gary said, I an now a little bit co- wonderous to figure out how it came to pass that the electrical inspector made an inspection of the existing building to start with. That was not presumabley what he was hired to do. He was hired to inspect the new work which happened to include some work in the existing panel but that did not suggest that he should be going around inspecting the whole building. So, it appears that he may have stepped out on his own there without anybody having asked him to do it. Secondly, what he gave was a check list that said there are these kinds of violations without saying how to repair or even how many there are. To be honest with you, he may have been looking for a chance to do this. I'm not 100 percent sure he didn't know that alleged violations were there and was just waiting for a chance to come in and take a look at its Consensus was the Freije could be paid with reservations but can't be held responsible for extensive rewiring. Attorney will draft cover letter to Freije to go with payment. RESOLUTION N0. 24 - AUTHORIZE PAYMENT TO FREIJE ELECTRIC Moved by Mr. Haynes, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town pay Freije's bill in the amount of $3728.30 reserving any rights to bring action under contract, and that we delay action on the building until we get the letter from the State Department of Housing. Letter received from Peg Palmer stating "As of this date I have not received in writing the information on the Town's policies and procedures concerning payroll as noted in the March, 1991, minutes would be forthcoming." Supervisor said she had them but they haven't been typed up, Chuck Rankin - Bookkeeper Nothing significant to report since last month. Dennis completed audit. Problems that did arise were from payroll. There is certain things Chuck can't do until Dennis gets done with his work. No further info on status of State Aide cuts. Betty S perger - Asked why we used Moravia Paper as official paper when it isn't available in Groton. Asked why our notices couldn't be put in Ithaca Journal and Cortland Standard. Shopper can be used but it's not a legal paper. Mrs. Sperger stated.that at the last Town Board Meeting Mr. Wood offered.his resignation and asked what had been done about it. Supervisor Robinson said that we have to have an enforcement officer otherwise we have to have state personnel come down. It must be a certified officer. She said Board delayed action on decision. Mrs. Sperger said r all the erors being made are very costly ...,.,,,,,,,(Recorder did not pick up rest of conversation), Local Advisory Board of Assessment Review met at the 'T'own Hall on Thursday, May 9th from 3 - 6Pm with six property owners appearing before board. • Teresa Robinson, Gordon VanBenschoten, Ellard Sovocool, Phil Shurtleff and County Assessors sat on Board. Mr. Haynes moved to go into executive session, seconded by Mr. VanBenschoten, to discuss personnel at 9:30P,M. Board meeting reconvened at 10:1OPM. Annual road tour was set for Friday, MaY 31, 1991, at 8e30A.M. Town Clerk requested Boards consideration and approval to put a computer network in her office since Deputy is working on main terminal most of the day. This would give Clerk access to all programs at the same time. Estimate is approximately $3000 for entire set up according to Carl Kimberly. Mr. Kimberly is sending a final proposal which he has assured us that it would be no more than $3000. 290 RESOLUTION N0. _ 25 AUTHORIZE TOWN CLERK TO ORDER COMPUTER NETWORK Moved by Mr. Haynes, seconded by.Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize the Town Clerk to purchase computer network for Town Clerk's office based upon Carl Kimberly's recommendations and not to exceed $3000.00. Town mine permit was due in January. Supervisor Robinson contacted Jon Harrington who will get application in order. Moved by Mr. Sovocool, seconded by Mr. Haynes, to authorize Town Clerk to attent Annual Tax4Collector's School in Ellensville from June 9 -12. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson ?loved by Mr. VanBenschoten, seconded by Mr. Sovocool, to authorize Highway Superintendent to attend Highway School at Cornell on June 2 -5. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. Letter received from the State Comptroller notifying Town that the 1990 Financial Report extension deadline is past due. There being no further business, Mr. Sovocool moved to adjourn meeting, seconded by Mr. Haynes, at 1O:30P.M. Unanimous Colleen D. Pierson Town Clerk MINUTES OF TOWN BOARD MEETING HELD MONDAY, JUNE 10, 1991 AT 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Gordon C. VanBenschoten, Councilman Donald E. Cummings, Councilman Ellard L. Sovocool, Councilman Jack Fitzgerald, Attorney Arrived Late: Carl E. Haynes, Councilman Also present: Leland Cornelius, Fran Casullo, Attorney associated. with Fitzgerald, Taylor, Pomeroy and Armstrong, Robert Walpole, Betty Sperger, Margaret Palmer, Bob Glover, Chuck Rankin, George Senter, Gary Wood, Lyle Raymond, Irving Burris, Ken Jennison Moved by Mr. Cummings, seconded by Mr. Sovocool, to approve minutes of May 13th meeting as mailed. Ayes - Sovocool, VanBenschoten, Cummings, Robinson (Haynes - Absent). Claim Nos. 107 to 127 of the Highway Fund in the amount of $15,112.19 and Claim Nos. 161 to 195 of the General Fund in the amount of $12,475.08 were presented for audit. Moved by 19r. VariBenschoten, seconded by Mr. Cummings, that the bills be approved for payment. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. HEDLUND CASE Jack Fitzgerald, Attorney - In inz la research it's been decided that i mig • not be the safe thing to do exactly as I outlined to you previously. That is in bringing the motion for summary judgement because the over- riding suggestion appears to be the fact that we allowed something to continue so the judge might be hesitant in granting a summary judgement at this point. What we thought we might do is still pursue that, however go through the initial stages of the other discovery. In other words put in our answer and then bring a or have a demand for a bill of particulars and your also going to have an examination before trial at which time we might be in a position to bring motion for summary judgement. We have about two hours into it now. We would keep the same budget and let you know when we're there is what we'd like to do. There is no idea here that I mislead you in anyway, I still think that we can do what we said what we were going to for probably a lesser expense for the Town than if we hired a specialist in environmental law at this point. That's not to say that we couldn't, at sometime, advise the Town should hire somebody that we would continue to work with. But I think in the preliminary stages, again since we appear to be secondary in this case there is no harm to be done in proceeding the way we intended to proceed. We think it stands a •