HomeMy WebLinkAbout08-1993 & Special 08-30-1993MINUTES OF TOWN BOARD MEETING
MONDAY, AUGUST 9, 1993, AT 7:30 P.M.
Those present: Teresa M. Robinson, Supervisor
Ellard L. Sovocool, Councilman
Gordon C. VanBenschoten, Councilman
Donald E. Cummings, Councilman
Carl E. Haynes, Councilman
Fran Casullo, Attorney (Fitzgerald, Taylor, Pomeroy)
Also present: Leland Cornelius, Liz Brennan, Bob Bernhardt, Betty Sperger,
Lyle Raymond, Roger Gleason
Moved by Mr. VanBenschoten, seconded by Mr. Sovocool, that the minutes of July
12th be approved as mailed. Ayes - Sovocool, VanBenschoten, Cummings, Haynes,
Robinson.
Claim Nos. 148 to 163 of the Highway Fund in the amount of $18,807.60 and
Claim Nos. 180 to 202 of the General Fund in the amount of $8,607.93 were
presented for audit. Moved by Mr. Haynes, seconded by Mr. Cummings, that the
bills be approved for payment. Ayes - Sovocool, VanBenschoten, Cummings,
Haynes, Robinson.
LIZ BRENNAN - BOOKKEEPER - Handed out Report of Expenditures and Revenues and
also Report of Accounts. I just have one comment. I didn't see the bills but
with all the road work that has been done I think the line item of general
repairs might go over. We may need a transfer. I would suggest we make a
transfer from contingency of $5000 in the Highway Part -town to General
Repairs, 5110.4 to cover the oil and stone. Right now we have a balance of
$8,506.42. I believe that will cover it. I will need a resolution for the
transfer. Councilman Haynes said that in the Highway Fund it looks like we're
running under budget, right? In the Townwide Fund we have 45% remaining, so
55% is spent which we are eight months into the year, is that right? Part
Town says that 75% is spent, is that right? Liz said that that is where the
road work is charged to and the transfer will be made into.
LELAND CORNELIUS - HIGHWAY SUPERINTENDENT - That fund was cut last year. Last
year it wasn't all spent due to the wet weather and we're trying to make it up
this year. Supervisor Robinson stated that we did the five roads that we
talked about. She said we'll finish them up in September and will know the
cost when the bills are in. We have the stones but need the oil to finish
them in September.
RESOLUTION NO. 38 - TRANSFER OF FUNDS
Moved by Mr. Haynes, seconded by Mr. VanBenschoten
Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson
RESOLVED, that the Town Board does hereby authorize that the following
transfer be made:
FROM: Highway Fund Part Town DB1990.4 Contingency $5000
TO: General Repair Part Town DB5110.4 - $5000
FRAN CASULLO - ATTORNEY - Visited Anderson property with George Senter.
Anderson's were not there. From what I understand, George tried to inspect
last month and had difficulty getting in there. My feeling, as I told George,
at this point is to bring the matter more or less to a head by going through
Les Cohen who is the Anderson's Attorney, and pretty much inform them that the
Town wants it cleaned up to the Town's satisfaction. I'm a little
disappointed that we've not been able to get on the property in the last two
months. I think that we've extended them every courtesy imaginable as far as
giving them time to clean it up. I think at this point we have to be a little
bit more forceful in dealing with them.
GEORGE SENTER - CODE ENFORCEMENT OFFICER -
issued: 1992 - 57 7 houses 6 mobile homes
1993 - 52 10 houses 9 mobile homes
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Year -to -date building permits
44 others
33 others
Would like to change Mobile Home Zoning ordinance to read that all mobile
homes coming into the Town of Groton have to be approved by HUD which means
they have to be at least a 1976 or newer model. We already have in the
ordinance that they have to pass the New York State Building Code or a local
or state law that is more stringent. We have a lot of older mobile homes in
the Town that a precedent has been set where all you had to do is add onto
them
to make it equal to 840 square feet which is what is required. Councilman
VanBenschoten asked what the status of Lacey Grieps and the one on Old Stage
Road is. Lacey is going to get a letter from a structural engineer saying
that it does pass. If he does, there is nothing I can do about it if it is
the right size. The one on Old Stage, we're still working on that one. I've
been out there several times, but it's hard to tell if someone's living in it.
I would like to think not, but it looks like they're preparing to. I sent
them a letter telling them that they can't do that since they have no building
permit. We're down to just one unlicensed vehicle letter out of fifty some
that we wrote. We had a complaint on Wilbur living in a fifth wheeler on Lick
Street. Under Section 410 of the Town of Groton Land and Use Regulations I
have 15 days to investigate that and make a determination as best I can
whether in fact that is happening and within 30 days after that I have to make
a decision -- either dismiss the complaint or send it on to the Board of
Zoning Appeals. I sent it on to the BZA along with the required information.
Complaint on Sherwood on Spring St. about trash and rubbish. Letter sent to
them giving them 30 days to clean up. Complaint on Joe Allington in McLean --
letter to clean up in 30 days. I attended a seminar on July 22 which was a
refresher course on water supplies.
LELAND CORNELIUS - HIGHWAY SUPERINTENDENT - Would like Board permission to
attend conference.
Moved by Mr. VanBenschoten, seconded by Mr. Sovocool, to authorize Leland
Cornelius to attend New York State Annual Highway Superintendent's Conference
from September 28 - October 1 to be held in the Catskills. Ayes - Sovocool,
VanBenschoten, Cummings, Haynes, Robinson.
Monthly reports of the Town Clerk and Town Justices were reviewed by the
Board.
ROGER GLEASON - Here to talk about the proposal to fund a District Manager for
the Tompkins County Soil & Water Conservation District. At the present time
we have one full time District Conservationist and a part time clerk. They
are very hard pressed to meet the technical requests of the farmers and carry
on projects that need to be carried on. Most other counties around here have
locally funded technicians. This is partly due to the Federal cut back in
employment. Primarily, County funds are used to pay the salaries. Tompkins
County SWCD currently can't offer any assistance to towns because they do not
have the personnel to do so. To establish such a position, the county would
have to fund it outright the first year; after that, NYS would reimburse the
county at up to $10,000 a year or 500 of salary, whichever is less. This
person would be available to help local Planning Board with subdivisions,
assist Town Highway Superintendent with any drainage problems he may have,
also help with the Village water system. That's the reason we are hoping we
can get your support to get the County to appropriate money for a technician.
I believe it's around $35,000 to $40,000 to pay the salary and some expenses.
The Soil and Water Conservation District would be the immediate employer.
They are not looking for money from the Town at this time, but would like to
have Town's support when it comes up before the Board of Representatives.
Lyle Raymond also said that it would help control
pollution problems that the farmers have been faced with. Mr. Gleason said
that they plan to go to all the Town Boards in the County to try to get their
support of this position. The appointment would be made by the Tompkins
County Soil and Water Conservation District if the County agrees to fund this
position.
Supervisor Robinson stated: " I want to express my indignation with the State
Department of Transportation for the unconscionable, inattention to the
traffic problem at Peru corners in the Town of Groton. Saturday, July 24th, a
horrible traffic fatality occurred at this intersection. For many years I
urged the placement of a light at this intersection. Now that the worst has
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happened to climax a long history of car accidents and injuries cannot a
traffic control light be installed at the Peru corners." I'd like to have a
motion for a resolution. Last time they told us they didn't need a light. I
talked to Supervisor Shugg of Dryden, and their board at their next meeting
was going to make a resolution and send it up there. I said, if we have to,
we will go again with our names that we went with before. This is getting
ridiculous. There are near accidents that are as bad as the accidents that we
have had somebody killed. I know that this gentleman who has the recycling
down there says that he hears constant wheels squealing and near misses with
cars going thru there. Nobody stops. If you're in this area, fine. You know
that that's there and you're kind of cautious. If you are a total stranger,
you might as well forget it because you can't tell that there is a cross road
there.
There is no indication and we've got to have something there. And if we have
to have another body, that's what he told me last time, well we've got the
body now. Since we've been working on this, I guess it's been about five
deaths on that corner and a number of people that have been maimed and are
suffering from that. The last time he told me, when he came down, was he
said, "well everybody wants a stop light ". I don't want a stop light, I want
a stop and go light and a caution light. We have 50 square miles and we don't
have a light of any kind in our 50 square miles. You don't have to go too far
and they have five, six, seven of them and I think it's important that we have
this one at least. (Mr. Bernhardt suggested that we contact our State
representatives.) Supervisor Robinson read a letter from Tompkins County
which was our formal notification that the bridge on Walpole Road over the
Owasco inlet was closed on May 12th due to corrosion of the truss and erosion
behind the abutment. They currently do not have the staff or funds to address
the repairs of the bridge. They are therefore unable to tell you when the
bridge will be reopened. Consensus of the Board was that the Supervisor write
a letter to the county urging them to expedite repairs to the bridge on
Walpole Road since it's closure inconveniences school bus routes, fire
department vehicles and traffic in the vicinity.
RESOLUTION NO. 39 - REQUEST FOR FLASHING LIGHT AT INTERSECTION
OF ROUTE 38 & 34B IN PERUVILLE
Moved by Mr. Haynes, seconded by Mr. VanBenschoten
Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson
RESOLVED, that the Town Board does hereby authorize the Supervisor to
send a letter to the State Department of Transportation urging their
action on appropriate caution lights at the intersection of Route 38 and
Route 34B, and
FURTHER RESOLVED, that the Supervisor contact our State Senator and
Assemblyman and encourage their support.
Item 6 on the agenda pertaining to retainer fee for the Town Attorney will be
discussed at next months meeting when he can be present.
Supervisor Robinson asked the Board, "In having our sound system, would you
like to have it recording too? This would be for Town Board Meetings,
Planning Board and Appeals Board Meetings, Justice Court Trials, and all
Public Hearings. Town Clerk said it would be very helpful in preparing
minutes in that it would pick up sounds that are not now picked up on small
recorder. The air conditioner unit makes it very difficult for not only the
public to hear but also the Clerk's and Steno's who are responsible for taking
and /or recording minutes. Consensus of Board was for Supervisor to go ahead
and get quotes.
The Planning Board would like to schedule a joint meeting with the Town Board
to review the master plan on either August 10th, 11th or 12th at 7:30PM.
After some discussion, Board Members agreed to meet with the Planning Board on
August 10th at 7:30PM.
Supervisor Robinson said the Department of Labor is having a Safety Meeting on
Sept. 8th and 9th with the registration fee being $125. Not sure if anyone
plans on attending.
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Mr. Haynes asked if we needed to take action on the Supervisor's salary and if
a resolution was necessary. This would be for the 1994 budget.
RESOLUTION NO. 40 - SET SUPERVISOR'S SALARY FOR 1994
Moved by Mr. Haynes, seconded by Mr. Cummings
Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson
RESOLVED, that the Town Board, based on the research that we completed
and talked about last time, that we set the Supervisor's salary starting
in 1994 at $8500.
RESOLUTION NO. 41 - SUPPORT FUNDING OF TOMPKINS COUNTY
SOIL & WATER CONSERVATION DISTRICT
Moved by Mr. Cummings, seconded by Mr. VanBenschoten
Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson
RESOLVED, that the Town Board does hereby support County funding of a
District Manager for the Tompkins County Soil & Water Conservation
District.
BOB BERNHARDT - I'd like to address the Board on the Supervisor's salary. I
have an interest too since I'm running for Town Supervisor this next year.
Why all of a sudden do we have this urge to lower the Town Supervisor's salary
after it's been at a certain level all these years? I went through a lot of
other things as well. Originally, when we started out the Town Supervisor's
salary was to pay for bookkeeping. Right now if you are paying the Town
Supervisor $13,500, or whatever it is, by the time you add in $20,000 for
someone to do part of that $13,000 job, the Town Supervisor is getting $33,000
dollars. That's what it is costing us for that Supervisor to get her job
done. I don't understand the logic behind this. Doing those books is not
that difficult of a job. Why we're paying $33,000 for a Town Supervisor to
have those books done is beyond me. Do you want to cut some money somewhere?
Do away with the bookkeeper and have the Supervisor go back keeping the books
again. You used to get it done for $13,500 or whatever it was. Some of these
towns are still doing it for that, the Town Supervisors are. I don't
understand what is behind this cutting the Supervisor's salary. Not that that
is going to change my mind in any way as far as running for Town Supervisor.
It isn't. But what you get, you know some of these Towns like Danby, for
example, Mary Oltz, I've known her for years, worked with her, was on the
board. She doesn't work eight hours. If you want to do business with her,
you call her at home after work. That's what you get for $9,000. What kind
of a Town Supervisor do you want? What kind of job do you want done? Take a
look at some of these other Towns. Mary Oltz does have a bookkeeper who does
some of the book work. But I can even agree with that. How can a Town
Supervisor logically set here and answer questions about a budget, expenses or
anything else if someone else is doing the books. We ran into that last fall
when we were talking about a proposed budget for 1993. When we asked specific
questions about certain items, the answer was, "I don't have the books here."
But there aren't that many categories. The Supervisor should know what's
going on. And, again, I don't mean to hound you Teresa or pick on you or say
I'm different than you are, but that's the whole purpose, or it used to be, of
having a Town Supervisor do their own book work so you knew what was going on.
T. Robinson - I beg to differ with you. In one sense there is a guy down
here, I can't remember what town, they just indicted him for stealing money.
B. Bernhardt - That's right, down in Whitney Point.
T. Robinson - All right. Now, don't tell me that all of that work
nights........
B. Bernhardt - Now let's just talk about that. That's a good example. I
thought about that. After we got all through and the Town Board went through
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your proposed budget and said okay let's change this, this and this and take
out 200 and some thousand dollars out of that budget, your reply to that was,
"this is the first time the Town Board has ever looked at my budget ". Well,
that's exactly why that guy got away with it, because his Town Board didn't
look at it either. So, even if you've got a bookkeeper it doesn't make any
difference either. That's really a poor example Teresa. I think for $33,000,
that's an awful expensive Town Supervisor. There are Towns that don't have a
bookkeeper. ....... Supervisor's keep their own books.
T. Robinson - There are very few. You name one. Name one. There isn't one
around here. I was one of the last ones.
B. Bernhardt - The last I checked there was only three Towns that had one.
I'm not going to set here and argue with you about it. I'd say that's a
pretty expensive job that we're having done right now where the Town
Supervisor, I know for a fact, were all doing it at one time. How long have
we had a bookkeeper taking care of our books? How many years? Three years?
Why did we do it?
T. Robinson - To get our books in order.
B. Bernhardt - Was there some problem with it?
T. Robinson - Yeah
R. Bernhardt - I remember we used to have little problems too, but you know
the State inspector walked away feeling good because he found something. He
could say, good, I can justify my existence, I found a mistake. They
corrected it, but is it worth another $20,000.
T. Robinson - How come you keep coming up with $20,000?
B. Bernhardt - Isn't that what we're paying our bookkeeper?
T. Robinson & C. Haynes - No.
R. Bernhardt - What does it show in that proposed budget. What's the $20,000
for? What are we paying our bookkeeper? What do we pay our bookkeeper per
year to do our books?
T. Robinson - We pay her by the hour.
B. Bernhardt - How much did we pay her last year?
T. Robinson - I'd have to look it up. I didn't know you were going to ask.
B. Bernhardt - So, we don't really know how much we paid her.
T. Robinson - Oh, yes we do.
B. Bernhardt - It's in the records, but you don't know. This Board doesn't
know how much we paid that bookkeeper, do they?
C. Haynes - It's in the 10 to 15 thousand range.
B. Bernhardt - Okay. But the Town Supervisor was being paid 13 and that was
top money in the County. ..........
T. Robinson - Why should I, this is political and I don't like this.
B. Bernhardt - No, it's not political.
T. Robinson - Yes it is, because you're running for office.
B. Bernhardt - That's right. And you, right before election you decide to
have a vote to reduce the fee for the Town Supervisor.
T. Robinson - Let me tell you something. We're going back in history. We had
a Justice, two Justices, - one Justice won over the incumbent and he took the
wages that that incumbent had had. It wasn't fair to the sitting Judge and
k,
it wasn't fair actually to us. And we didn't want it to happen again. That's
why we're doing this.
B. Bernhardt - I would suggest you table this for now. After the election, if
you win the election, you say okay let's bring it up to a vote. ......justify
me, I'll do the same thing.
T. Robinson, C. Haynes & L. Sovocool - Can't do it. It's illegal. It's got
to go in the budget.
B. Bernhardt - It's got to go in the budget? So that means who ever gets to
be Town Supervisor next year, whatever this group here decides, if they decide
to change it, that's it, right?
C. Haynes & L. Sovocool - It's decided right now.
B. Bernhardt - So, it has already been decided by this small group of people.
No vote by the taxpayers, no vote for anything.
T. Robinson - The taxpayers have never voted on our wages.
B. Bernhardt - I'm asking for one explanation and then I'll sit down. You can
kick me out if you want to but it's up to you.
What prompted you to lower the Town Supervisor's salary just a few months
before election?
T. Robinson - Did you hear what I said?
B. Bernhardt - No. You talked about the Justices. You're the Town
Supervisor.
T. Robinson - No, but the example was there.
B. Bernhardt - Why? There is two of them. There is only one of you.
C. Haynes - Bob, you're missing the point. There is two reasons why we did
it. Number one is the timing. The issue of the timing of the decision has to
do with the point that Teresa is making right now. We can't wait until after
election to try to drop somebodies salary. That's just simply illegal. We
can't do that. The salary that people running for office need to know what
the salary is and when that salary is set they are entitled to that. That's
the example I had with the Town Justice. That salary was never modified in
the budget. Case in one, there was a brand new person and there was some
feeling that maybe they should start out at a lower salary. It was illegal
for us to drop their salary because they ran for office based on what they
thought the incumbents salary was.
B. Bernhardt - Why did you want to say that we want to drop the salary because
it's a new individual?
C. Haynes - Well, there is a certain kind of logic. I think that someone
that's been in office for 20 years and 20 years experience probably deserves
a little bit more pay than somebody that's brand new in office.
B. Bernhardt - How much experience does it take to preside over
a Town Board and be able to ...
C. Haynes - Bob, you don't have to agree. I'm just telling you that's what
the explanation was. Now the second reason why we did it, is the history
which she also eluded to. There has been a long history here of the
Supervisor having two jobs. X amount of dollars, I don't remember the
figures, but I think way back it was 6 or 7 thousand dollars for the
Supervisor and 4 or 5 thousand dollars to do the books. I'm not sure of the
exact numbers, but some where back in time there was two figures in the
budget. It gradually became evident that it would make a lot more sense,
she's not a trained bookkeeper and all that sort of thing, to hire a
professional bookkeeper. We had a lot of problems with the books, and that's
what we did. The salary continued at that level and that was a big issue with
this Board last year. We felt like we really needed to make a change in that
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salary. We talked to her about it, we've been talking about this for two or
three months, and told her look, this is the year, whether you win, loose, or
draw, we've got to make a change in this salary. It just no longer is
sensible for us to continue to pay a $13,000 salary to a Town Supervisor when
their simply doing the duties of a Town Supervisor and not doing the duties of
a bookkeeper. That's the logic. We did a survey of all the Towns in Tompkins
County and checked out a couple over in Cortland. There is quite a range, I
don't have that paper with me tonight, but we reviewed all that stuff the
other night -- Town of Lansing is way high - $14,000 and most of them are in
the $6000 - $7000. The majority of those Towns, as a matter of fact I don't
remember any one who did not also have a bookkeeper.
B. Bernhardt - Mary Oltz told me of a couple Towns that did have bookkeepers.
It's a relatively new thing, it's only been around for a few years. I never
saw the logic of why we need a bookkeeper when it's the Town Supervisor's job.
Most people that I've dealt with and have come to these meetings couldn't
understand either. Skip Mott brought it up.
C. Haynes - Well, let's face it, when your electing a Town Supervisor, you're
getting the luck of the draw. You don't know whether you're electing somebody
that's got bookkeeping responsibilities or not. This Township just simply
can't go on year to year, year to year, one year it's one person, two or three
years it's somebody else and two or three years is somebody else, and trying
to keep track of books when you are dealing with a million dollars worth of
things, all kinds of government regulations makes absolutely no sense to turn
the handling of those books over to needle flight that may know nothing about
books. We decided to make that judgement two or three years ago, that we're
going to hire a professional bookkeeper. We hire them and if we don't like
the job that their doing, we fire them and hire somebody new. We can't fire
her, and we can't fire you if you get elected. We can't simply put the trust
of this $1,000,000 worth of books in your hands or any body elses hands. We
want to put it in the hands that we can control and that's Liz. Right now
she's the bookkeeper and if she screws up she's gone.
B. Bernhardt - When the taxpayers, people in this Town, voters, heard about
what you folks have been doing they were in an uproar saying hey, why in the
world did they do it now, that's first. Secondly, why weren't they doing the
books all along anyway. If they can't do the books and do them adequately,
why don't we send them to school to learn how to do it. You don't have to be
C. Haynes - If there is an uproar out there, have them come down here and
we'll give them the same explanation.
B. Bernhardt - At least you've had some background in accounting and I have
too.
C. Haynes - I wouldn't pass myself off as an accountant .....
B. Bernhardt - Okay, but to do those books doesn't take ....
T. Robinson - It does take a different kind of an accountant. It's not the
same as an accountant.
B. Bernhardt - Unfortunately, that decision is, while it may be justified what
you're doing, people can object to what you're doing. Irregardless, I don't
care if you cut it to $5000, I'm still going to run for Town Supervisor.
There being no further business, Mr. Sovocool moved to adjourn meeting,
seconded by Mr. Cummings at 9:30 P.M. Unanimous
Colleen D. Pierson
Town Clerk
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MINUTES OF SPECIAL TOWN BOARD MEETING
MONDAY, AUGUST 30, 1993 AT 5:00 P.M.
Present: Teresa M. Robinson, Supervisor
Gordon C. VanBenschoten, Councilman
Donald E. Cummings, Councilman
Carl E. Haynes, Councilman
Jack Fitzgerald, Attorney
Absent: Ellard L. Sovocool, Councilman
Also Present: Leland Cornelius
Purpose of meeting was bid opening Highway Garage Electrical Service and
overhead lighting.
Only one bid was received.
Toolan Electric & Plumbing
102 East Cortland Street $32,500.00
Groton, New York 13073
Attorney Fitzgerald looked bid over and everything appeared to be
in order.
RESOLUTION NO. 41 - ACCEPT BID TO REPLACE ELECTRICAL SERVICE TO THE
TOWN OF GROTON HIGHWAY GARAGE
Moved by Mr. Haynes, seconded by Mr. VanBenschoten
Ayes - VanBenschoten, Cummings, Haynes, Robinson
Absent - Sovocool
RESOLVED, that the Town Board does hereby accept the bid to replace
electrical service and overhead lighting in the Highway Garage submitted
by Toolan Electric & Plumbing of Groton, New York for the lump sum of
$32,500.00.
Discussed Town Attorney's retainer fee. Consensus of the Board was that he
should have received the 4% increase that was given to all employees effective
January 1, 1993. However, this was not included in the 1993 final budget.
RESOLUTION NO. 42 - APPROVE BUDGET TRANSFER FOR ATTORNEY'S RETAINER FEE
INCREASE FOR 1993
Moved by Mr. Haynes, seconded by Mr. Cummings
Ayes - VanBenschoten, Cummings, Haynes, Robinson
Absent - Sovocool
RESOLVED, that the Town Board does hereby authorize the Supervisor and
Town Clerk to increase the retainer fee for the Attorney to reflect the
4% increase due in January 1993, by making the following transfer:
From: A1420.41 - Atty. Misc. - $260.00
To: A1420.4 - Atty. Contractual - $260.00
There being no further business, Mr. Haynes moved to adjourn meeting, seconded
by Mr. VanBenschoten, at 5:40 P.M. Unanimous
Colleen D. Pierson
Town Clerk
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