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HomeMy WebLinkAbout09-1993 & Hwy Negotiations & Budget Wrk SessMINUTES OF TOWN BOARD MEETING MONDAY, SEPTEMBER 13, 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 Jack Fitzgerald, Attorney Also present: Leland Cornelius, Liz Brennan, Bob Bernhardt, Pam Stonebreaker of SPCA, George Senter, Orlando Houghtaling Moved by Mr. VanBenschoten, seconded by Mr. Sovocool, that the minutes of August 9th and 30th be approved as mailed. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. Claim Nos. 164 to 177 of the Highway Fund in the amount of $23,206.94 and Claim Nos. 203 to 231 of the General Fund in the amount of $10,142.34 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 - We have two transfers. One in General - Attorney Misc. - 1420.41 to Attorney 1420.4 to reflect the 4% increase of $260 and the Highway Part Town General Repairs,Personal Services DB5110.1 to General Repairs, Contractual DB5110.4 in the amount of $20,000 to cover the balance for the road work. Handed out Monthly report for month ending August 31, 1993. Are there any questions? (Clerk said transfer for Attorney was done at the last meeting.) RESOLUTION NO. 43 - AUTHORIZE BUDGET TRANSFER Moved by Mr. Haynes, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize the following transfer: From: General Repairs, Personal Services DB5110.1 - $20,000 TO: General Repairs, Contractual - DB5110.4 - $20,000 LELAND CORNELIUS - HIGHWAY SUPERINTENDENT - Would like to buy a cinder spreader. Had three quotes that were all under $7,000. One from Tracey @ $5326; one from Seneca Supply @ $5025; and one from Capitol Highway @ $4950. Board and Highway Superintendent discussed three different spreaders. Leland's preference is the Flink from Capitol. This is the lowest proposal. 1 RESOLUTION NO. 44 - AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE CINDER SPREADER Moved by Mr. VanBenschoten, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize the Highway Superintendent to purchase the Flink LMC -5H Heavy Duty Spreader per proposal submitted by Capitol Highway Materials, Inc. in the amount of $4,950. Mr. Cornelius would also like to bid a pickup truck again and trade in his 1/2 ton 1988 Chevrolet pickup which has 113,000 miles on it. Discussed letting bids for either a new 1993 or 1994 pickup. RESOLUTION N0. 45 - AUTHORIZATION TO LET BIDS FOR PICKUP TRUCK Moved by Mr. VanBenschoten, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize the Highway Superintendent to let bids for a new 1993 or 1994 1/2 ton pickup truck and trade in our 1988 1/2 ton Chevrolet pickup. Bids are to be opened on October 4, 1993 at 8:OOPM. Mr. Cornelius discussed county snow contract with the Board. He indicated we would be getting paid last years rate this year. It amounts to 12.900 increase or $82,212.79. This amounts to $2731.32 per mile. RESOLUTION NO. 46 - ACCEPT TOMPKINS COUNTY SNOW REMOVAL CONTRACT Moved by Mr. Haynes, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby accept the three year snow removal contract from Tompkins County Highway Department at the rate of $2731.32 per mile. Mr. Cornelius also received a letter from the NYS Department of Transportation regarding CHIPS money. The $38,977.14 that is owed to us will be paid in two installments. One in mid September and the balance by the end of October. GEORGE SENTER - CODE ENFORCEMENT OFFICER - Would like the Board to consider amending the definition of "Mobile Home" contained in Article III of the Mobile Home Ordinance. It would read as follows: 1. The definition of 2 "Mobile Home" as contained in Article III of the Mobile Home ordinance for the Town of Groton, is hereby amended as follows: Mobile Home - A transportable, single family dwelling unit suitable for year -round occupancy and containing the same provisions for water supply, waste disposal and electrical systems as immobile housing. The minimum size of a mobile home not in a mobile home park shall be 12' x 70' or 14' x 60' with a minimum area of 840 square feet. All mobile homes must comply with United States Department of Housing and Urban Development (HUD) Standards. 2. This Ordinance shall take effect after its adoption and upon its publication as required by Section 133 of the Town Law. A hearing will have to be held in order to amend ordinance. Normal procedure is to request Planning Board to review proposed changes and make recommendation to Town Board. Year -to -date building permits issued are: 1992 8 Houses 10 Mobile Homes 49 Other 1993 11 Houses 10 Mobile Homes 43 Other Complaints - Joe Allington in McLean was cited and he has cleaned up. Joe Wilbur on Lick Street appeared before ZBA. He moved trailer and ZBA dismissed violation. Lyle thinks he can reopen hearing. We need more definitions in regulations for recreational vehicles. The mobile home on Old Stage Road - wrote to two School Principals to confirm whether two children we actually living there and registered in school. Sherman on Spring Street Ext. has cleaned up. John Anderson on Brown Road was not home so arrangements were made to go out tomorrow. PAM STONEBREAKER - SPCA - Presented SPCA's proposed dog control contract amount for 1994 which is $8,977.00. This amounts to a $303 increase over last year's contract. We feel this increase is necessary to cover the Town of Groton's share of our increasing expenses associated with providing dog control services. A detailed overview of the dog control services provided to the Town of Groton residents by the SPCA was presented to the Board BOB BERNHARDT - I want to clear up something from last week. I didn't agree with the statement that was made. It didn't sound reasonable to me so I checked it out. I made a suggestion to the Board that on not lowering the Supervisor's salary until after the election. I'll quote you "you can't do it, it's illegal, it's got to go in the budget ". We had a long conversation. Several things, several conversations, and again I was told I'm missing the point. Two reasons why we did it - #1) the timing. The issue of the timing, I'd rather think that it has something that Teresa is making right now that we can't wait until after the election to try to drop someones salary, that's simply illegal. Something range a bell, something was bothering me, so I went to some of my sources and they said "you're wrong ". I'm not saying this to embarrass you. So we got out the Town law book that's used by all the Towns, and I would assume you use it as well, and under 27 Section 17 deals with increases or reductions of salaries in general. The first paragraph tells about increases. Basically, it says that even though you don't have money 3 that you've appropriated in your budget, you can for up to 12 months increase the salary of an elected official. Now the second paragraph talks about decreases. It says that although the placement is not required, an agenda item may still be placed on the agenda and the Town Board can reduce the salaries of the Town Board or elected officials by majority vote at the organizational meeting to an amount less than that provided and approved in the preliminary budget adopted the previous November. Which it says you've got a right to do that any time with a majority vote. Now, I don't know where you get your sources from, maybe you didn't see this section because it is kind of a lengthy section because we're all the way up to 17. It deals with it in Section 1 but if you go further you'll find it deals with it in 17 a lot better because in Section 1 it doesn't talk about decreases like it does in 17. It talks about both of them, increases and decreases. You were not at the last meeting Sir, but that's the book, that's the section and I've highlighted the two sections that are applicable. J. Fitzgerald - What you're highlighting is an opinion of the Attorney General. B. Bernhardt - I'm not questioning you, I'm asking what's the source your using in saying its illegal? C. Haynes - Talk to our Attorney. B. Bernhardt - I'd just like to know what it is. It didn't make sense to me and if there is a source somewhere I'd like to know about it. I've never heard of it before. T. Robinson - Did it bother you that it was being reduced? B. Bernhardt - No, that doesn't bother me. What bothers me is that the statement was made twice that it was illegal. A proposal that I made, it doesn't bother me, because I've seen this done before where we didn't have to. You can do it anytime you want to. You can increase anybodies salary for 12 months if you want to, up to 12 months without it being in the budget. C. Haynes - Are you making a distinction between elected officials and employees? B. Bernhardt - Yes, this has to do with elected officials. There is another section relating to particular officers and employees. Now, if you want to talk about just Supervisor, that's in the same Article 3 , 27 Section 89. There they deal with the same thing all over again. The talk about increases and decreases. The same rule applies which says that after November you have the right to increase or decrease salaries. C. Haynes - We'll have our Attorney check into it. Highway negotiations will be held on Thursday, September 23rd at 4:30 P.M. Supervisor Robinson asked for a motion to go into executive session to discuss 4 negotiations. Moved by Mr. VanBenschoten, seconded by Mr. Cummings, to go into executive session at 9:08 P.M. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. Board meeting reconvened at 9:30 P.M. RESOLUTION NO. 47 - RESCHEDULE OCTOBER TOWN BOARD MEETING Moved by Mr. VanBenschoten, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby reschedule the October meeting to Monday, October 4, 1993 at 7:30PM. RESOLUTION NO. 48 - APPOINT LILA PIERCE AS TOWN REPRESENTATIVE ON THE YOUTH COMMISSION Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby appoint Lila Pierce as Town Representative on the Local Youth Commission to finish out an unexpired term through December 31, 1993. C. Haynes - Can we hear Jack's opinion on the Supervisor's salary? J. Fitzgerald - The law is Section 27. It's only got four subdivisions not 70. What Bob is looking at is interpretations of various sections of the law. It's been this way since the turn of the century. The reason is political. You have part Republican area. If you elect a Democrat and reduce his salary, it's a breach of contract. The salary was what he ran for and you're not going to be able to reduce it. What the law says is that "However, the annual salary of any such elected officer may be increased, for not more than one fiscal year." You can always increase the salary but you can't decrease it. C. Haynes - What was that he was talking about. J. Fitzgerald - I don't know. It's somewhere back here where he's talking about 70 something. What he was reading from was opinions of the Attorney General given in 1971 to a specific set of facts. I don't know what those facts were because they we not printed. You'd have to go look up 1971 but that's not the law. The law says, "However, the annual salary can be increase." It doesn't say it can be decreased. It's been interpreted that way since 1900. C. Haynes -It can't be decreased? So the statements we made last month are correct? That it can't be decreased after the election. J. Fitzgerald - Yes, you have no authority to do it. k, D. Cummings - We've got a right to set salaries. We just can't do it after elections. J. Fitzgerald - The reason is to keep politics out of the picture. The guy is running for whatever the salary is at the time. You can't decrease it after elections because the wrong guy gets elected. D. Cummings - That's why we did this as early as we did to be fair to whoever ran so they would know before election time. You don't hit them with this after election day. Supervisor Robinson asked for approval of 1993 Contract for Gad -A -Bout in the amount of $3500. This is already in 1993 budget but we just received the contract. RESOLUTION NO. 48 - APPROVE 1993 CONTRACT WITH GAD -A -BOUT Moved by Mr. Haynes, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize Supervisor to sign 1993 Contract with Gad -A -Bout in the amount of $3500.00 Supervisor would like to have all the Town Board Members, Planning Board Members, Appeals Board Members, and Code Enforcement Officer sign up for Saturday, October 2nd to attend the Local Government Forum to be held at the Newark Valley High School from 8AM to 4PM. This is a practical seminar with suggestions for more effective and efficient government. It involves Tompkins County, Broome County, Tioga County and Cortland County. Mr. VanBenschoten and Mr. Cummings expressed an interest in attending, as well as Supervisor Robinson. Attorney Fitzgerald reviewed letter dated August 27, 1993, from Diversified Technologies, Inc. regarding the amended HUD Loan & Security Agreement. They are in agreement except for the relocation clause, specifically the additional $50,000. Attorney advised that it wasn't in the original contract and he had asked Bernie Thoma about it the first time around and he just thought it should be in there and didn't give me any specific reason for it or anything else. I don't think it's a worthwhile bone of contention because if the guy is going to leave, they are going to go broke and would not have the $50,000 to pay us the penalty. Supervisor said that what she wanted was them to start paying monthly payment now. He has breached the contract by not making payments. We could enforce our right to take the property subject to the other notes that are ahead of us, but you're not going to get a nickel that way because we are in second place. Right now all that they are supposed to be paying is the interest and they haven't been doing that. They are supposed to be making payments directly to the bank. They haven't made any payments since we modified the agreement. Attorney Fitzgerald suggested that the Supervisor call them up and tell them that if they want to get current with us, we'll skip the penalty of $50,000. Supervisor Robinson said this would amount to between $5000 and $6000. Consensus of Board was for Supervisor n Robinson to contact Diversified. The Municipal Official's Association will meet on Tuesday, September 21, 1993 at 6:OOPM at the Lehigh Valley Restaurant in Ithaca. Speakers will be George Dentes, Emery Guest and Diane Crews. Anyone wishing to attend must make reservations by September 17th. Supervisor Robinson had an inquiry regarding Ithaca Recreation Theater Program for 7 to 9 year olds. Dryden and Lansing have kind of a contract since some of there Towns are in Ithaca School District and they pay half. Ours would be considerably more. We already have our youth recreation programs locally. Consensus of Board was to leave as is for the time being. Discussed scheduling budget meetings. Department requests are to be in by September 20th. This includes Groton and McLean Fire Departments. Moved by Mr. Haynes, seconded by Mr. VanBenschoten to schedule a budget work session for Thursday, September 23rd immediately following highway negotiations which is scheduled for 4:30PM. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson Dennis Toolan was in and said he couldn't start the electrical project right away. He took copy of contract to his Attorney and he was to work it out with Town's Attorney. Atty. Fitzgerald said he had not heard from Mr. Toolan or his Attorney. Supervisor Robinson has been out of the office due to surgery but she did talk with someone about sounds system. They would like some kind of commitment before coming over. They also have a system where the recording was done at the same time. This would assist the Town Clerk, Court Clerk and Steno for the Planning Board and Appeals Boards. Consensus was to look at this in conjunction with sound system. Board would like to have something in place before budget hearing. There being no further business, Mr. Cummings moved to adjourn meeting, seconded by Mr. Sovocool, at 10:08 P.M. Colleen D. Pierson Town Clerk HIGHWAY NEGOTIATIONS - THURSDAY, SEPTEMBER 23, 1993 2 4:30PM Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Gordon C. VanBenschoten, Councilman 7 Donald E. Cummings, Councilman Carl E. Haynes, Councilman Also present: Leland Cornelius, Rick Neville, Bob Bogardus, Marvin Smith, Ken Marks, Gary Scutt, Lester Coit, Pete Carr Absent: Jerry Holl Highway Employees asked for: 1)Clarification of Personal days off for death of immediate family - Is it three eight hour days or three ten hour days? 2)In 1986 Martin Luther King's birthday became a National Holiday and the Town, by resolution, agreed to honor this Holiday. We would like to have this day added to our contract. 3)1000 of Health Insurance paid by the Town. 4)$1.00 per hour pay increase across the board. 5)Increase sick days from 10 to 12 days per year. After considerable discussion, the Board offered the following: 1)Clarification of Item 9 in contract. Add - It is understood that leave occurring during basic work week of 40 hours per week, 8 hours per day for five days, leave will be 3 eight -hour days or if leave occurs during work week of four ten -hour days, leave will be 3 ten -hour days. 2)Add Martin Luther King Day as a regular 8 hour day off or, due to inclement weather, take as a fourth floating holiday. 3)Health Insurance will remain the same. 4)Offer 35 cents per hour increase across the board. 5)Sick days will remain the same. Rick Neville appeared as spokesman for employees. Everything is okay except they would like to get 40 cents an hour increase. Board decided to stick with 35 cents per hour increase. Rick returned - Employees will split the difference. Board agreed to offer 37 cents per hour increase across the board. Rick accepted on behalf of the highway employees. BUDGET WORK SESSION FOLLOWING HIGHWAY NEGOTIATIONS Discussed 1994 roads to be worked on. Lick Street, Champlin Road and Old Stage Road will be shimmed and topped. CHIPS Program will include Cemetery Lane from Fall Creek Road to Stevens Road, Wood Road and Town Line Road. 8 Supervisor Robinson passed out tentative budget which she said was not finalized yet due to the fact all budget information was not available yet. Discussed items that needed to be purchases which included Tax Collector modem, Fixed Asset software, Town Clerk Program, Records Management Restoration Program, Electrical Wiring for garage, two overhead garage doors for Spring St. building, P. A. System, Highway Equipment Fund and a single axle dump truck. Board decided to meet again on Wednesday, September 29, 1993, at 4:30 P.M. to work on the budget. Colleen D. Pierson Town Clerk BUDGET WORK SESSION - WEDNESDAY, SEPTEMBER 29, 1993 @ 4:30 P.M. Present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Gordon C. VanBenschoten, Councilman Donald E. Cummings, Councilman Carl E. Haynes, Councilman Purpose of meeting was to work on tentative budget. The entire budget was reviewed item by item making additions or cuts when deemed necessary. Discussed Groton Fire Departments request for an increase of $3500. They have not yet submitted their budget which was due on September 20th. Discussed different reserve funds and increase in highway road funds. Since Highway Superintendent and Bookkeeper were not present, it was decided to wait until they were present to discuss these items. Supervisor Robinson made the Board aware that all but two of the highway employees had put an extra two hours time on their time cards for the afternoon we held highway negotiations and that she had refused to pay it. Supervisor Robinson also advised the Board that she had talked with Diversified regarding loan agreement and that we should removed the $50,000 from the contract. Their last payment was made February 9th in the amount of $2532.18. At our October Board Meeting we should officially do this and write a memo for HUD records. Work Session ended at 7:OOPM. Colleen D. Pierson 1 Town Clerk 10