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HomeMy WebLinkAbout02-1993MINUTES OF TOWN BOARD MEETING MONDAY, FEBRUARY 08, 1993, AT 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Gordon C. VanBenschoten, Councilman Carl E. Haynes, Councilman Donald E. Cummings, Councilman Jack Fitzgerald, Attorney Also present: Leland Cornelius, Liz Brennan, Fran Casello, Betty Sperger, Elsie DeCamp, Bob Bernhardt, Abe Congden, Robert Walpole, George Senter, Cheryl Kot Moved by Mr. VanBenschoten, seconded by Mr. Sovocool, that the minutes of January 11th be approved as corrected. Ayes - Sovocool, VanBenschoten, Cummings, Robinson (Haynes - Absent). Claim Nos. 4 to 34 of the 1993 Highway Fund in the amount of $22,522.72 and Claim Nos. 13 to 43 of the General Fund in the amount of $114,137.70 were presented for audit. Moved by Mr. Haynes, seconded by Mr. Cummings, that the bills be approved for payment. LIZ BRENNAN - BOOKKEEPER - Handed out Bookkeeper's Report for the period 1/31/93 to 2/8/93. A transfer is needed in highway to cover Social Security for end of 1992. There are three encumbrances carried over from 1992 Budget for 1) Truck -(Hwy) - DA5130.2 - $58,391.08; 2) Judge's Books - (Gen) - A1110.4 - $125.00; and 3) Roof Coating (Gen) - A1620.4 - $1,000.00. Annual report will be ready by the next meeting. Auditors usually wait until after annual report has been completed before they come in. RESOLUTION NO. 10 - AUTHORIZATION TO TRANSFER FUNDS Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize the transfer of 1992 Highway Funds from Retirement DA9010.8 to Social Security DA9030.8 in the amount of $405.53. Moved by Mr. Sovocool, seconded by Mr. Haynes to recess meeting at 8:00 PM. Unanimous. 8:00 P.M. - Public Hearing - Partial tax exemption of real property owned by certain persons with limited income 65 years of age or older. 1 Supervisor Robinson read legal notice as published in the "Moravia Republican Register" on January 20, 1993. T. Robinson: Are there any questions? A. Congden: I'd like to say something about this. I never found out about this ordeal of getting any tax exempt until after I had my heart attack when my income dropped to less than half. Last year was the first that I got it at all but I should have received it before I was 70 years old. They put a lot of garbage on your tax when they send it to you. What they should do is print it on there that anybody 65 and over is entitled to this sort of thing, put it right on your tax notice then you'd know about it. They aren't going to send you a notice otherwise. I think it's pretty stupid. C. Pierson: I believe it's on the back of your tax statement. It's the law that they have to put it on there. A. Congden: I'll take a look. T. Robinson: Anybody else? R. Walpole: Did you raise the ceiling to $20,099? T. Robinson: $16,500. R. Walpole: Didn't the School District go to $20,099? T. Robinson: No, I think theirs is $16,500 but they have increments. C. Pierson: Theirs is $20,099 with a sliding scale. The Village is the same. B. Sperger: Why are we so far behind each time? It seems like we never get caught up in the Town along with the School and the County. It seems like we're always behind. T. Robinson: Ours was always the same the last time that we talked to them. C. Haynes: I thought the last time we talked about it we were trying the get up to the same. C. Pierson: We've been the same right along. B. Sperger: But, I mean this time their being 20 and we're only going to 16. T. Robinson: But they told me it wasn't. I think it goes up. C. Pierson: It goes from $16,500 at 50o to 450, 400, 350, etc. up to $20,099 2 at 200. T. Robinson: You're getting $16,500 here and there with a portion of it. With ours, we're not doing that because we give you sales taxes toward your taxes and the County. The Village takes their sales tax. T. Robinson: Any other questions? If not, I'll close the hearing. Hearing closed at 8:07PM Board Meeting reconvened at 8:07PM. CHERYL KOT - PETITION TO REDUCE SPEED LIMIT ON ELM ST. EXT. - Resides at 726 Elm Street in the Village of Groton. Presented a petition signed by 20 individuals requesting the following: "Due to a recent hit and run accident at 726 Elm Street, the undersigned petition the appropriate Village and Town Officials that the speed limit on Elm Street be reduced to 30 mph from its current location to above the intersection of Elm and Lick Streets. Unfortunately the Elm Street sidewalk ends at Beechwood Drive and therefore forces children on Elm Street to walk without the advantage of a sidewalk to and from school and other activities, further up the street to their homes." RESOLUTION NO. 11 - REQUEST TO COUNTY HIGHWAY DEPARTMENT FOR A_ REDUCED SPEED LIMIT ON ELM ST. EXT. Moved by Mr. Sovocool, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board of the Town of Groton does hereby request that the Tompkins County Highway Department consider lowering the speed limit on Elm Street Extension from Lick Street to the Village of Groton speed limit to 30 miles per hour. BOB BERNHARDT - I left a copy of a two page letter and a budget for the Counties Solid Waste Division primarily because in that letter that I sent to each of the Representatives of the County Board I personally addressed each one on my letterhead as "Manufacturing Consultants, LTD." I'm saying to them get out of the business and turn it over to the Towns. He urged the Town to get to the County Board of Representatives to urge them to table the user fee. ROBERT WALPOLE - Handed out copies of a letter he sent to our County Representatives regarding County's proposed solid waste annual fee. He felt that attending the public hearing on this proposed annual fee would be a waste 3 of time because no one would get any answers. Town and Village Governments are exempt from user fee. School districts are not. They have tabled this until February 16 to see if the School Districts will be exempt. Groton School District user fee will cost $11,000. If this is exempt, it would raise our taxes 8 cents per thousand. User fee per household is $52.00; any three unit appartment complex or larger is going to be charged by square footage at 5.2 cents; 4.5 cents per square foot on warehousing, light manufacturing, major manufacturing, car dealerships. Not sure of fee for dairy industry. He thinks its about time that our local government started paying a little bit more attention to the problem that we've got with the solid waste. I don't think we've had any input from the Village level or Town level in more than a year. In reference to news item in Ithaca Journal -- The assessors indicated that they no longer would be coming out here for grievance day. Why don't we get some more power down in Ithaca? Send some more stuff down there. Before you make that decision to loose control of that, I wish you'd atleast discuss it. Another quick question I'd like to ask the Board. We apparently had problems serving civil papers last week. A letter was directed to the Village Board from the Police Chief in charge, Mr. Churchill, to the court system indicating that the Village Police Department would no longer be serving papers and that Mr. Churchill officially had appointed Arthur Dawson as the Official server for the Town. This was quoted in the court during court session Wednesday morning. We had papers that were supposed to have been served that had been properly executed from the court system and they have been 14 days sitting. I called the Village Clerk to see if Mr. Dawson had officially been appointed the official server for the Town and Village. Mr. Rankin said there is no resolution on the table. Mr. Dawson would take it on until we get the problem settled with the Police Department. The Mayor has not returned a phone call to my office. I would ask that you consider appointing a second Town Constable. Mr. Dawson is willing. He lives here in the Village and also is a Sergeant with the Sheriffs Department. I think when they start saying from the court that he is official, it ought to be official. Also, I see that there is a forum in Albany with topics on solid waste and mandate relief in March, 1993. I was hoping that we'd have members of the board attend this in reference to the solid waste and mandates. GEORGE SENTER - CODE ENFORCEMENT OFFICER - For the month of January 1992 we didn't have any building permits issued. For the month of January 1993 there were three building permits issued. All three were for miscellaneous - ag building, shed and renovations. We continue to monitor the Anderson place on Brown Road. Paul Cowels, Fran Casselo and myself were up there. We'll be there every 30 days to monitor and make a decision on what we are going to do. It is not getting any worse. It is difficult to do with all the snow and ice. BERNIE THOMA - THOMA DEVELOPMENT CONSULTANTS - Hopefully everybody got a copy of the letter I sent to Teresa or do you want me to start from scratch? You better start from scratch. I believe all of you remember about a year and a half ago the Town was fortunate enough to receive a grant that was in turn loaned to Diversified Test and that they've located in the building that used to be the Ford Dealership. After that loan was made the company went through 4 some changes and problems and basically what has happened is that a portion of their operation now has moved down into a building here on Main Street. The testing remains up on Route 222 and their intention is to move their whole operation up there because of some financial concerns I've been able to work out for them a little better in the smaller facilities as far as rent and as far as utilities. Because of the problems that they incured with the building on Route 222 they fell behind on the loan repayments and now it appears that they are in a position where they can make consistant payments. Since the grant is being closed out by HUD, what I recommended to Teresa is that we roll their back loan payments into principle and allow them to begin making payments on the total amount. It certainly will help the company and it will help them meet all their obligations. They are in a position now where things look very good. The Town's only other option would be to declare their loan in default. That obviously would hurt the company and it would make it difficult for the Town to collect the total amount. I presented a proposal to Teresa that the company is familiar with and it seems to be acceptable to them. What I'd like to do is get the Board's authorization to formally restructure the loan. Mr. Tom Sims said that they had gone through some tight times in 1992. By relocating our offices downtown we have been able to save considerably on energy costs. Things do appear to be moving up. The testing consulting service will remain on the hill since it has to be away from power lines that cause interference. Mr. Thoma said that if the Board plans to take action, we need to talk about the terms. What I proposed to the Supervisor is that we roll back interest charges and late fees into the principle and as of February 1st that would give them an outstanding principle balance of $142,605.17 as there total debt to the Town. The interest rates that the loan was originally approved was 50 percent of prime adjustable each year. Now that would be made a three percent loan for this year. As far as the term, what I would propose is that, though things are looking better, that we don't stretch their resources too thin and that we allow them to make interest only payments for one year then on February 1st of next year then begin ammortizing over a five year period. The other two things that I'd like to add to their loan agreement that wasn't originally in it -- the faith the Town has shown in the company is 1) a penalty of $50,000 which would be paid if they relocated from the Town and the Village and 2) in the original agreement we asked for annual financial statements. I would recommend that the Town ask for quarterly financial statements. Mr. Thoma, Attorney Fitzgerald and Board Members discussed previous loan agreement and proposed loan agreement. Since Attorney Fitzgerald was not aware of this coming up tonight, he stated he would like to review the folder before making any comments. It was suggested to review and take action on new agreement at next months meeting. The Lawrence United Corporation was the only agency that submitted a proposal for Town's Insurance Coverage at last months meeting. Their 1992 proposal was $35,111.00. Their 1993 proposal is $34,619.18. k, RESOLUTION NO. 12 - ACCEPT 1993 INSURANCE PROPOSAL 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 accept the 1993 Insurance Proposal in the amount of $34,619.18 as presented by Lawrence United Corporation. Supervisor Robinson and Clerk Pierson attended a meeting of all Towns in the County to discuss election expenses that have been charged to each Town. Consensus of that meeting was that at this time no Town will be paying the County for these election charges. It is the comptroller's opinion that these are County expenses and shall not be charged back to the Town's. This opinion is being challenged in another County in NYS. It was suggested that we waite for the outcome of this before taking any action. Supervisor Robinson would like a resolution from the Board to send to the County indicating that we don't intend to pay this $14,719.71 at the present time. We did however pay $10,000 last year since no one had looked into legalities. RESOLUTION NO. 13 - DISAPPROVAL OF 1992 ELECTION EXPENSE LEVY 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 agree not to pay 1992 Election Expenses of $14,719.71 as levied by Tompkins County based on opinion of the State Comptroller, Opinion No. 92 -26. RESOLUTION NO. 14 - APPOINTMENT TO COUNTY YOUTH BOARD Moved by Mr. VanBenschoten, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board of the Town of Groton does hereby appoint John Gaines IV to serve on the County Youth Board from January 1, 1993, thru December 31, 1995. n RESOLUTION NO. 15 - APPOINTMENT TO BOARD OF TRUSTEES FOR TOMPKINS COMMUNITY HOSPITAL FOUNDATION Moved by Mr. Cummings, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board of the Town of Groton does hereby appoint Teresa M. Robinson to serve for two years on the Board of Trustees for the Tompkins Community Hospital Foundation as the Town Representative. RESOLUTION NO. 16 - APPOINTMENT TO PLANNING BOARD Moved by Mr. Cummings, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board of the Town of Groton does hereby reappoint Sheldon Clark to serve on the Town of Groton Planning Board for a term of seven years expiring in 1999. There will be a meeting of the Tompkins County Municipal Officials Association on Tuesday, February 23, 1993 at the Lehigh Valley House in Ithaca. Mr. James Hansen of the Tompkins County Planning Department will be speaking on the goals and objectives of his Department and how they can assist the local Towns and Villages. RESOLUTION NO. 17 - AUTHORIZATION TO PURCHASE ON COUNTY BID Moved by Mr. Cummings, seconded by Mr. Haynes Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board of the Town of Groton does hereby authorize the Highway Superintendent to purchase road oil, vegetation control, road drainage and calcium chloride on County Bid. Supervisor Robinson passed out Groton Youth Commission Operating Guidelines for Board Members and Town Attorney to review. These guidelines were just created this year. Youth Commission would like Town Board and Village Board approval. Discussed appointing a second constable for the Town. The Town currently has a constable to serve papers for the Town. Our constable is not allowed to carry guns. Ed Dow is currently serving as Town Constable for fees. This position is listed with the Tompkins County Civil Service. Mr. Walpole said 7 that Mr. Dawson is serving papers now and if there is going to be paperwork flying around saying that he is the official Town server, then the Town ought to recognize it and add a Town Constable so that he is legal. Ed Dow is tied up during the day at the school, however, he is the Town's official server. Mr. Walpole felt there should be someone available at all times to serve papers. Moved by Mr. Sovocool, seconded by Mr. Cummings, to table appointing an additional Town Constable until we have had time to look into it. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. The Tompkins County Legislators are considering a proposal to abolish all town advisory committees that hear assessment appeals. Advisory board appeals are generally heard at Town Halls during the first and second weeks of May. The local boards are usually made up of a county representative and two people appointed by the Town Board. If this is abolished, we loose a level of local control. Our local people on the advisory board generally know the properties in their towns. RESOLUTION NO. 18 - RETAIN LOCAL GRIEVANCE DAY 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 urge Tompkins County to maintain its service in providing town advisory committees that hear assessment appeals at the local level. Discussed proposed Local Law providing for a partial tax exemption of real property owned by certain persons with limited income 65 years of age or older. Board Members thought that they had originally agreed to go with the maximum amount to keep in line with the Village and School. Supervisor Robinson said that the Village had told her they were going for the $16,500 and then they went with the increments. Since our hearing this evening was based on an income limit of $16,500 that is what we must go with this year because the deadline to file with the County is March 1. The Board desires to have the income limit the same as the Village and School for the year 1995. This will be accomplished by holding another hearing to amend this local law sometime prior to March 1 of 1994. RESOLUTION NO. 19 - ADOPT LOCAL LAW #1 FOR THE YEAR 1993 Moved by Mr. Sovocool, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson BE IT ENACTED by the Town Board of the Town of Groton as follows: SECTION 1. Local Law No. 1 for the year 1966 providing for a partial 8 tax exemption of real property owned by certain persons with limited income sixty -five (65) years of age or older as amended by Local Law No. 3 for the year 1984, as amended by Local Law No. 1 for the year 1987 and as amended by Local Law No. 1 for the year 1990, is amended to read as follows: 4.The income of all the owners must not exceed $16,500 during the 12- month period immediately preceding the date of application. Where the title to the property is vested in either husband or wife, the combined income of the husband and wife, may not exceed $16,500. "Income" includes all social security and retirement payments, interest, dividends, rental income, salaries or other earnings including income from self - employment. It does not include gifts or inheritances received during the 12 -month period. The burden of proof is upon the applicants to show eligibility and they may be required to obtain and submit copies of their latest Federal and State income tax returns, social security statements, etc. SECTION 2. This Local Law shall take effect immediately upon filing in the office of the Secretary of State. Town Clerk, Colleen Pierson, read the following letter received on February 2, 1993: Dear Ms. Pierson: Please be advised that I shall retire from the position of Groton Town Justice on Friday, February 5, 1993. Yours truly; Arland L. Heffron. Supervisor Robinson read the following letter: Dear Mrs. Robinson: I have this date notified the Groton Town Clerk that I shall retire from the position of Groton Town Justice on Friday, February 5, 1993. I respectfully request that you and the Groton Town Board appoint me as Groton Town Justice for the remainder of 1993. RESOLUTION NO. 20 - APPOINT ARLAND HEFFRON AS TOWN JUSTICE Moved by Mr. Haynes, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board of the Town of Groton does hereby appoint Arland L. Heffron as Town Justice based on his letters of retirement and request for appointment through the end of 1993 conditioned that there be no objection from the Office of Court Administration. RESOLUTION NO. 21 - APPROVE HUD VOUCHER FOR PAYMENT Moved by Mr. VanBenschoten, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson 1 RESOLVED, that the Town Board does hereby approve payment of invoice from Thoma Development Consultants in the amount of $1,020.94 for services in connection with Community Development Block Grant. RESOLUTION NO. 22 - ENTER INTO AGREEMENT WITH TOMPKINS COUNTY FOR THE PROVISION OF YOUTH SERVICES Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town of Groton does hereby enter into Agreement with the County of Tompkins for the provision of Youth Services for the term January 1, 1993 through December 31, 1993. Board members, Bob Bernhardt and Bob Walpole discussed the way solid waste is being handled in the County and the lack of communication between the County and the Town. Consensus of the Board was to authorize the Supervisor to contact Tompkins County Board of Representatives and urge them to table the user fee increase so as to provide more time for a thorough analysis of the way solid waste is being handled in the County. Word has been received that former Town Supervisor Hicks Dow is terminally ill. A thinking of you card was signed by Board Members, Town Clerk and Highway Superintendent and mailed to Mr. Dow. There being no further business, Mr. VanBenschoten moved to adjourn meeting, seconded by Mr. Sovocool, at 11:00 P.M. - Unanimous Colleen D. Pierson Town Clerk 10