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HomeMy WebLinkAbout11-1994 & adjornment toMINUTES OF TOWN BOARD MEETING ,199 MINUTES OF TOWN BOARD MEETING MONDAY, NOVEMBER 7, 1994 AT 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Gordon C. VanBenschoten, Councilman Ellard L. Sovocool, Councilman Donald E. Cummings, Councilman Carl E. Haynes, Councilman Jack Fitzgerald, Attorney Also present: Leland Cornelius, Liz Brennan, Peg Palmer, Abe Congdon, Sharon Stroud, Betty Sperger, Otto Sperger, Elsie DeCamp, Carl Ferris, Mark Robinson, Elaine Johnson, Rodney Johnson, Wm. Leaver, Jerry R. Fulmer, Janet Lang, Trudy Bernhardt, Bob Bernhardt, Donald Palmer, Karl Heck, Gerald and Linda Wilbur, William Holmes, Matelda D. Chamberlain, John Chamberlain, Dave Chatterton, Raymond L. Avery, Shirley V. Avery, Alma Krause, Anne Hildreth, Florence Knapp, George Totman, Doug Pierce Moved by Mr. Haynes, seconded by Mr. VanBenschoten, that the minutes of October 3rd be approved as mailed. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. Claim Nos. 183 to 202 of the Highway Fund in the amount of $38,181.88 and Claim Nos. 254 to 273 of the General Fund in the amount of $9,136.13 were presented for audit. Moved by Mr. Sovocool, seconded by Mr. Cummings, that the bills be approved for payment. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. LELAND CORNELIUS - HIGHWAY SUPERINTENDENT - Reported on construction of the new pole barn and repairs to used truck that we just purchased. It had a cracked manifold and they were fixing before delivery. He asked the Board if they would be willing to pay the bill for the truck in advance of receiving the actual invoice since the Board new the amount. Councilman VanBenschoten said there was no reason not to pay as far as he was concerned. RESOLUTION NO. 64 - APPROVE VOUCHER #202 FOR PAYMENT Moved by Mr. VanBenschoten, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby approve payment of $20,950 per bid for a 1985 Ford Model 9000 Dump Truck purchased by Burr Truck & Trailer Sales, Inc. GEORGE TOTMAN - TOMPKINS COUNTY BOARD OF REPRESENTATIVES - George gave a report on the activities of the Tompkins County Legislature, including the budget for which there will be a public hearing on 11/16 at the Boynton School in Ithaca. Budget calls for 5.9% increase as it is now, but subject to change. He reported they had restored some of the accounts when questioned by Carl Haynes about the Sheriff's Patrol, George said the controversy had declined mainly because of the response from the communities. Carl Haynes asked about the "cat calls" -- licensing of cats. County SPCA operating at a loss due to cat problems, so County Legislature wants to do one of four things: give the SPCA more money to operate with; discontinue calls for cats; have the problem handled by private contractor, or come up with something to secure additional revenue. Nothing decided as yet. Still in committee. No formal proposal as yet Carl Haynes talked about SPCA attending previous meeting where they stated they had trouble counting dogs, so how could they count cats? 1 MINUTES OF TOWN BOARD MEETING ,199 A LADY ASKED FOR EVERYONE ON THE DAIS TO INTRODUCE THEMSELVES AS SHE WAS NEW AND DIDN'T KNOW ANYONE. ALL DID. 8:OOPM - Supervisor Robinson tried to recess the meeting to go to the public hearing on the 1995 budget. Before she could do so, Bob Bernhardt stood and announced that he protested the budget hearing at this time. He stated that the law was very specific and said that the preliminary budget is to be filed in the Town Clerk's Office five days prior to the hearing and that this wasn't done. He stated he was just handed some of the stuff just now. Not only that, he claimed the one that was filed did not show any tax revenue which the law very specifically states must be shown. He suggested that the Board wait until the public had a chance to look at this for five days then have the hearing. If the Board doesn't wait, he stated that he would have to protest this. Supervisor Robinson said that there wasn't time. Mr. Bernhardt continued repeating the fact that the copy he obtained from the Clerk's Office did not have the tax revenue included and that this was stated under Section 107 of the Town Law. Not only that, he again stated that revisions had just been provided that should have been given to the public five days ago. He didn't mind having a hearing, but stated "not tonight." Attorney Fitzgerald suggested to Supervisor Robinson that she go ahead with the hearing. Mr. Bernhardt said he would file a protest in Albany because "it's a clear violation of the law. It doesn't give us an opportunity to study it before a hearing." Attorney Fitzgerald stated that the budget could be changed after the hearing, or at the hearing. Mr. Bernhardt repeated "The law provides under Section 108 that you must provide that for us in the Town Clerk's Office five days before the hearing, and that's very clear. That's not the opinion of the comptroller, as you reminded me in the past, that's part of the law. And it also states under Section 107 that you are to provide in that budget, tax revenue. And that was not included. It was left blank. Now you came up with a total, but for us to deduct everything from that total, we then make an assumption that the rest is tax revenue. You're supposed to list it as tax revenue. And those categories were left blank. But I can assure you, I will file a protest in Albany about this if you go ahead with this meeting. Now you can do it right, you can file that and in five days you can have a hearing." Supervisor Robinson responded that "We can't have a hearing in five days." Mr. Bernhardt's answer was "Well, that's up to you. You should have done it right the first time." Supervisor Robinson said "Thursday it has to be.. Clerk Pierson added "Thursday following elections at the latest." Mr. Bernhardt interrupted and said "The purpose of the law is to allow us to study the budget so that we can be part of the hearing. That's part of the law. We can't even express an opinion if we don't know what you're talking about." Supervisor Robinson said she didn't understand why he didn't have the revenues in there. Mr. Bernhardt acknowledged that he didn't either, but that was exactly what he had received tonight is the revenues -- part of it. Supervisor Robinson stated that the revenues "are in here." Mr. Bernhardt said "No they aren't." Mr. Bernhardt continued. . "The one that was on file in that office today, this afternoon, is the same as the one I have in my hand here, and there's no revenues listed - -tax revenue. They are all blank. If you look under the Town of Groton Budget Fund, Townwide for 1995 there is nothing there. Last year it was $101,988. But there's nothing there for next year, and there is not, in any of the categories under revenue, anything listed -- it doesn't even show zero, it's blank. And that's the way it's been ever since this was put out on October 13. And I checked it this afternoon." Supervisor Robinson said "But that was the preliminary budget that was accepted." 2 MINUTES OF TOWN BOARD MEETING ,199 Mr. Bernhardt replied "Doesn't make any difference. That budget was supposed to have everything listed according to the law. Your Attorney has his law book in front of him - -under Section 107. In fact, I'll read it for you..." Attorney Fitzgerald told Mr. Bernhardt that he "didn't think that was necessary, because what we're doing here is taking your objection under advisement and we're going to continue with the hearing." Mr. Bernhardt continued "It also says in that law, if you will look at it, sir, that everybody has a right to be heard, and that's the purpose of the five -day period." Attorney Fitzgerald said, "It's also the purpose of the public hearing." Mr. Bernhardt continues "We can't do it if you give it to us minutes before you're going to have the meeting - -now that's not right. It's not legal. All you've got to do is call this meeting and cause me to file that protest in Albany. And I will do it." Supervisor Robinson said "I know you will." Someone else (name unknown) in the audience stated (female voice) "If he doesn't, I will." An unknown male then stated that "I make a motion that this meeting be closed on that budget right now. I don't care what our attorney says. If he'd like to break the law, let him go ahead and do it." Attorney Fitzgerald replies, "We're not breaking the law, sir. We're continuing with the public hearing that's been scheduled. A decision will be made thereafter." Bob Bernhardt speaks up "But I told you before the meeting started, in the hall. I gave you an opportunity to review this first, sir, before you announced your general budget meeting, and you didn't do it. You've done this in the past." Attorney Fitzgerald states "First of all, I haven't had an opportunity to see the budget that's been presented, and I'm not going to look at it right now. But we're going to have the public hearing for people to put their input into the budget." Bob Bernhardt interrupts "But we can't do that..." Attorney Fitzgerald continues, "Then if it's so determined by me that you haven't been provided enough information, the law provides we can adjourn this public hearing from day to day until the five -day period is up. That's what the law provides. First we must find out what the input is from the people, so we're going to go ahead with the meeting. That's my suggestion to the Supervisor." Bob Bernhardt then states, "Well, I still have the floor. The revisions are supposed to be filed five days before the hearing, too. And we got them moments ago. We have to have an opportunity to see them and what you're proposing. Five days to examine that. And you haven't done it. Now you're wasting your time and our time by having this hearing. All you're going to do is embarrass yourself by me filing a protest in Albany. It's clearly against the law." Attorney Fitzgerald states "This meeting is not clearly against the law. It's not the opinion of the comptroller, it's a statute this time." Attorney Fitzgerald then reads: "Public Hearing, Section 108. The hearing may be adjourned from day to day but not beyond the 15th day of November." The attorney then continues. .. "So if, from the total input of the people here- - that's everybody, not just one side - -if it's determined we haven't given the public enough information, we can adjourn the hearing from day to day for five days." Bob Bernhardt: "It isn't a case of giving us enough or not. Let me read for you, sir, Section 107 which you so conspicuously forgot to read regarding the conditions of that budget hearing. It isn't that you didn't give us enough. You didn't tell us what the law says you have to tell us. There's four portions you're supposed to provide for us under that law. And they are very short." Mr. Bernhardt then reads the first section and says he has no problem with that as it's been listed in the budget. "Under B, Estimated Fund Balances, these were listed and pose no problem. Under C, the amount of taxes to be levied - -you haven't told us. It isn't that you didn't give us enough, you just didn't give us the budget the way it is required under the law. That's what it is. And the fourth one is salaries of elected officers and other information pertinent to the above and so on. You completely omitted one. It isn't that you didn't give us enough of that information, you just completely omitted it. It's not complete. There is no question of that. The 3 MINUTES OF TOWN BOARD MEETING ,199 budget doesn't show any revenue, tax revenue. And the law also provides we're given five days to examine it before you have a hearing. And you can't do it if you give us the revised revision on the budget minutes before we're going to have a hearing. We're allowed five days to look at it." The dialogue continues as follows: T. Robinson - Is it going to take you five days to look at it? B. Bernhardt - It doesn't make any difference - -the law says we're allowed five days. T. Robinson - I'm asking you a question. B. Bernhardt - It doesn't make any difference; we're allowed five days. And you didn't meet those requirements in the law. T. Robinson - I'm asking you a question. Will it take you five days to look it over? B. Bernhardt - Doesn't make any difference. I'm allowed five days to examine it. I'm allowed five days to think about it. I'm allowed five days to discuss it with my neighbors. You haven't met the requirements of the law. I would suggest that you forget what your counsel is telling you and cancel the meeting or I will file that protest. T. Robinson - What do you suggest we do? B. Bernhardt - It's entirely up to you, but you've got to give us time to review the budget before you have a hearing. Now if the rest of the people in town don't care about how many days to review, we've got to have more time than you gave us tonight. An unidentified woman then spoke up and suggested "that the public hearing be postponed for five days until we can look it over." T. Robinson - I'm just saying that the law, the law... Man - Get it straight. T. Robinson - I don't need any comments. Same man - You'll get some more. T. Robinson - I'll have you removed. Same man - Try it. T. Robinson - That's the law. At this time Supervisor Robinson asked Attorney Fitzgerald to come to the dais and confer with her. The public hearing was then opened, with Supervisor Robinson instructing Colleen Pierson, Town Clerk, to read the public notice which was published in the Republican Register on October 19, 1994. Minutes of the public hearings are on file in the Town Clerk's Office. Moved by Mr. Sovocool, seconded by Mr. VanBenschoten, to adjourn the public hearing on the proposed 1995 budget until Monday, November 14, 1994, at 7:30PM. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. The Town Board Meeting reconvened at 8:40PM. 4 MINUTES OF TOWN BOARD MEETING ,199 LIZ BRENNAN - BOOKKEEPER - Handed out Monthly Report for month ending October 31, 1994. Stated that an amendment was needed for the General Fund Budget for insurance recovery for new equipment building in the amount of $58,890.65. There were a few transfers: General Townwide Contingency to Buildings for $183.95 for calculator; Highway Part -Town from contingency ($5000) and Gen. Repairs, Contr ($8,253.16) to Gen Repairs, Pers. Sery $13,253.16 and from Workers Comp. ($733.72) to Health Insurance $733.72. RESOLUTION NO. 65 - AUTHORIZATION TO AMEND 1994 BUDGET Moved by Mr. Haynes, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby amend the 1994 General Fund Budget for insurance recovery for new equipment building: Dr. Insurance Recovery A2680 - $58,890.65 Cr. Buildings, Equipment A1620.2 - $58,890.65 RESOLUTION NO. 66 - AUTHORIZE BUDGET TRANSFERS Moved by Mr. Haynes, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize the following budget transfers: GENERAL A (TOWN WIDE) FROM: Contingency A1990.4 - $183.95 TO: Buildings A1620.2 - $183.95 HIGHWAY DB (PART TOWN) FROM:Contingency DB1990.4 - $5,000 FROM:Gen. Repairs, Contr. DB5110.4 - $8,253.16 TO:Gen. Repairs, Pers. Serv. DB5110.1 - $13,253.16 FROM:Workers Comp. DB9040.8 - $733.72 TO;Health Insurance DB9060.8 - $733.72 GEORGE SENTER - CODE ENFORCEMENT OFFICER - Year -to -date building permits issued: 1993 92 14 houses 14 mobile homes 64 misc. 1994 82 5 houses 12 mobile homes 55 misc. PEGGY PALMER - COURT CLERK - On behalf of the Honorable Arland Heffron and Alton Alexander and herself as Court Clerk, at this time would like to thank the Groton Town Board for their support in providing them with the facilities to hold court and an office to conduct the court business in and allowing them to attend job related conferences so that they can better perform their services. CARL HECK - TOMPKINS COUNTY PLANNING - Reported on HUD Grant application that was approved for $400,000. The Town of Groton had a score of 421 and their application was 29th out of 158 applications that were received. There were 96 applications funded. The Village of Groton also received one. He was here this evening to give report progress and ask Board if they wanted him to go ahead with implementation of grant. k, MINUTES OF TOWN BOARD MEETING ,199 RESOLUTION NO. 67 - AUTHORIZATION TO CONTRACT WITH TOMPKINS COUNTY FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT SERVICES Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson WHEREAS, the Town of Groton received a grant from the U. S. Department of Housing and Urban Development (HUD) for $400,000 for housing rehabilitation; and WHEREAS, a cooperative agreement between the Town and County is required in order to allow this administrative arrangement; now therefore be it RESOLVED, that the Town of Groton is authorized to enter into a Contract with Tompkins County for an amount not to exceed $75,000 for HUD - required administrative services for its Small Cities grant; and further RESOLVED, that all expenses under this Contract shall be paid through HUD administrative funds in the Small Cities grant. BILL HOLMES - OLD STAGE ROAD - Here on behalf of the residents of Old Stage Road to voice their concerns and ask for the Town Boards help. Excessive speed and truck traffic on Old Stage Road is threatening the residential quality of the area as well as the lives of the residents. During the past several years a serious change from a predominantly agricultural area to one of residential. The speed limit of Old Stage Road should now reflect that change and also the heavy truck traffic on that road. There is a posted weight limit of 4 tons for Old Stage Road and there is a blatant violation of this limit. In addition to ignoring the weight limit signs the truckers also ignore the warning signs and stop signs. Trucks go right through Chipmans Corners stop signs. We feel the following actions on your part will not only increase safety but will preserve the residential quality of our neighborhood. We feel that the speed limit on Old Stage Road between Route 38 and Salt Road should be reduced to 30 miles per hour. In addition, we would ask that you start enforcing the 4 -ton weight limit. That would eliminate the heavy truck traffic. I would like to at this time be put on record as being vehemently opposed to any improvements of Old Stage Road such as widening it or making it more accessible to heavy truck traffic and increased traffic of all types. We thank you for your time and appreciate you assistance regarding these issues. Janet Lang, Dave Chatterton, Florence Knapp, Raymond Avery, Matt Chamberlain and others spoke on the excessive speed of vehicles and over weight trucks that travel Old Stage Road. Alnye, Pierce Logging and Lewbro were all mentioned as being overweight trucks travelling Old Stage Road as well as others. Several individuals have called the Sheriffs Department and the State Police. Supervisor Robinson said that she thinks the whole Board supports you in bringing your children up safely. She said that for a speed limit request, we need to receive a petition from you people and then we forward it to the County and they refer in on to the State for approval. Moved by Mr. Haynes, seconded by Mr. VanBenschoten, to authorize Supervisor Robinson to draft letters to the Tompkins County Sheriffs Department, the State Police and the three major trucking companies that we have clear violations of overweight vehicles on Old Stage Road and asking the tree companies to comply voluntarily. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. n MINUTES OF TOWN BOARD MEETING ,199 BOB BERNHARDT - In the minutes, I assumed you people approved the minutes from the last meeting. Okay, are your minutes different from mine. Did you make some changes from those original minutes. Anyway, it had to do with Diversified. It said " the original loan was approximately $350,000 out of a $400,000 grant. Those are not the numbers we looked at in the file. The numbers we looked at in the file were $147,000 for the total grant with $135,000 for the loan. Am I right? If I am, that should be changed in the minutes. Just for the Board's information, if Teresa doesn't mind, in August of 1991 they got the loan and they paid interest thru December. The for the first three months of 1992 they paid principal and interest. According to Teresa's records and Liz said they only paid for the first three months of 1992 unless they just paid recently this last month or so. T. Robinson - They have been paying the last two months. B. Bernhardt - Well, I didn't see it Attorney? T. Robinson - Yes. You had a meeting with the Town B. Bernhardt - And how much did they agree to pay us? T. Robinson - $500.00 a month. B. Bernhardt - That's going to take us twenty years to get our money back. We have got to stick around for 20 years to get our money. That money was intended to be used for a business that was going to create jobs for people in town. And all that loan did was help out a man and his wife. That's all it did. I'm asking if we can afford to set around for 20 years waiting to get our $120,000 back. Originally, they were supposed to pay it back in six years. T. Robinson - They offered to pay us the $500 until the end of the year and then there's going to be a change. B. Bernhardt - Well, you didn't say that. T. Robinson - You don't listen either. You just talk on and on and on.... B. Bernhardt - You never told me that at that meeting we had. T. Robinson - I did not know at that meeting. B. Bernhardt - You said $500 a month, that's ridiculous. If you come up with another $135,000, I'll take it at $500 a month. T. Robinson - And, just for your information, I have three bids on a system for here and we'll have to decide on which one we are going to get.... B. Bernhardt - We just want a PA System where we can hear back here. I mean, ..................... I probably didn't hear you Teresa, that's why. T. Robinson - Well listen. We have three bids now and we will be picking what kind we would want to put in. R. Bernhardt - When? T. Robinson - ..............They haven't seen them yet. B. Bernhardt - Have we got them? You say that we did. T. Robinson - Yes. B. Bernhardt - All right, as long as we have a PA System. It sounds like 7 MINUTES OF TOWN BOARD MEETING ,199 we're making progress. T. Robinson - I just wanted you to know that....... COLLEEN PIERSON - TOWN CLERK - Tompkins County Budget and Finance Office has asked that each Town pass a resolution approving the $1.00 charge for sending tax reminder notices for all unpaid taxes due during April and May. We are already doing this but the County needed each Town's approval for the record. RESOLUTION NO. 68 - APPROVE $1.00 CHARGE FOR TAX REMINDER NOTICE Moved by Mr. Haynes, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson Resolved, that the Town Board does hereby approve the $1.00 charge for Tax Reminder Notice being sent pursuant to Section 987 of the Real Property Tax Law. RESOLUTION NO. 69 - 1995 HIGHWAY NEGOTIATIONS Moved by Mr. Sovocool, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town of Groton Highway Employees be granted the following for the year 1995: 1)A 3.5% pay increase across the board. 2)Add one additional sick day per year (Total 11). 3) Incentive Program - Add 25th year anniversary of employment - 15 cents /hour. RESOLUTION NO. 70 - 1995 DOG CONTRACT WITH SPCA Moved by Mr. VanBenschoten, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby accept the proposed 1995 Dog Contract with Tompkins County SPCA in the amount of $9,113.00. RESOLUTION NO. 71 - APPROVE CHARTER AND BYLAWS FOR THE TOMPKINS COUNTY INTERMUNICIPAL CABLE TELEVISION f -1'%1) ..rT C 07 r%KT Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson WHEREAS, issues pertaining to cable television and service are growing ever more complex because of changes in regulations, technology and available choices; and WHEREAS, the Town of Groton has previously recognized the value of its 8 MINUTES OF TOWN BOARD MEETING ,199 constituents of intermunicipal cooperation in the regulation of cable television by agreeing to participate in the Tompkins County Intermunicipal Cable Television Commission (TCICTC), an advisory body to the Town of Groton, and approving a representative to same; and WHEREAS, this Commission has formulated, endorsed and forwarded a CHARTER AND BYLAWS dated October 12, 1994 governing its actions to the Town of Groton for its review, consideration and approval; be it therefore RESOLVED, that the Town of Groton authorizes the Supervisor to affix her signature to said document affirming the approval by this board of the CHARTER AND BYLAWS of the TCICTC. RESOLUTION NO. 72 - APPOINT REPRESENTATIVE TO TOMPKINS COUNTY YOUTH PROGRAM Moved by Mr. Haynes, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby appoint Steven Gallow as the Town's representative to the Tompkins County Youth Program. Moved by Supervisor Robinson, seconded by Mr. VanBenschoten, to go into executive session to discuss legal action at 9:55PM. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson. Board meeting reconvened at 10:05PM. Supervisor Robinson said that an insurance representative would be coming to present information to all people who take health insurance. Discussed correspondence received from Village of Groton Housing Authority and Groton Agway Feed Company regarding cleaning out of Owasco Creek Inlet both in the Town and Village of Groton. They believe there is a huge potential for future flooding due to the large amount of trees down in the creek and also due to the silt buildup in the creek. Board and Leland Cornelius, Highway Superintendent, discuss Towns part of the project including cost and obtaining proper permits. The Village would be responsible for their portion. Mr. Cornelius felt there should be a grant available for this project since it is so large a project. Sewer lines run up the middle of the creek in the Village. Upstream is plugged with trees, silt, etc. George Totman, County Rep., suggested that the Town write to the County, State and also our Insurance Carrier. RESOLUTION NO. 73 - CLEAN OUT OF OWASCO CREEK INLET Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board hereby authorizes and directs the Supervisor to write a letter to the County Commissioner of Public Works as well as the State Department of Transportation and the Department of Environmental Conservation advising them of the Owasco Creek Inlet problems in and around bridges and other places to potential hazards for future flooding, and FURTHER RESOLVED, that a letter also be sent to the Town's insurance 1 MINUTES OF TOWN BOARD MEETING ,199 carrier advising them that we are in receipt of correspondence relating to the cleaning out of Owasco Creek Inlet. All of the above letters shall have noted at the bottom that carbon copies have been sent to everyone. RESOLUTION NO. 74 - PARTICIPATE IN NYS DIVISION FOR YOUTH Moved by Mr. Haynes, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby agree to participate in exchange agreement for the 1995 NYS Division for Youth eligibility for equivalent number of County tax dollars. Motion made by Mr. Sovocool to adjourn meeting until next Monday, November 14, 1994, AT 7:30PM. Seconded by Mr. VanBenschoten. Unanimous. 10:15PM. Colleen D. Pierson Town Clerk MINUTES OF TOWN BOARD MEETING MONDAY, NOVEMBER 14, 1994, AT 7:30PM (CONTINUATION OF NOV. 7, 1994, MEETING) Those present: Teresa M. Robinson, Supervisor Donald E. Cummings, Councilman Ellard L. Sovocool, Councilman Carl E. Haynes, Councilman Fran Casullo, Attorney Absent: Gordon C. VanBenschoten, Councilman Also present: Mark Robinson, Edwin Moran, Trudy Bernhardt, Bob Bernhardt, Tiffany Bernhardt, Margaret Palmer, Arland Heffron, Herbert Tichenor, William Leaver, Sharon Stroud, Carl Ferris, Frank Satterly This meeting is a continuation of Town Board Meeting and Budget Hearing that was held on November 7, 1994. 10 MINUTES OF TOWN BOARD MEETING ,199 Supervisor Robinson opened the Public Hearing on the Proposed 1995 Preliminary Budget at 7:35PM. (See minutes of Public Hearing on Town Budget) The Public Hearing was closed at 8:45PM. The conversation from the public hearing continued. B. Leaver - We do get to see the final outcome of this? I'd like a copy of the final budget. B. Bernhardt - Now do you understand why last Monday I said we need more than just a few minutes before the budget meeting or hearing to see this? I spent three days going through here trying to figure out what you had. You can't do it in 10 or 15 minutes. Not intelligently. C. Haynes - (Directing comments to L. Cornelius) You've got $426,000 in your DA budget - -your Townwide budget. With the exception of 1993, the most you've ever spent in that budget is $315,000. You've already got $111,000 more in that budget than you're going to spend this year. With that $426,000, which is cut - -can you go back in and find out where you've over budgeted? L. Cornelius- You can't cut the roads. C. Haynes - The DB budget has no play in it whatsoever. To me, I'm not sure that should be the Board's call. I know that ultimately we've got to approve the budget, but you decide how you want to allocate it. In 1994 -- Townwide - - Highway -- we had a modified budget of $465,000. Liz's figures are projected for year -end we're going to spend about $315,000. But we have budgeted for Corney $426,000 -- $40,000 less than his current year's budget -- which is $111,000 more than he's actually going to spend this year. So within that $426,000 for Corney -- I'll say okay, I'll take some money from this line item over to that line item, and if he wants more money back in machinery, put it back in machinery. That should be his call. What we're providing him is $111,000 more than what he actually spent this year. Now -- the other thing we need to say is of that $426,000 -- 140 of that is fund balance -- which is to say that if he spends $426,000 -- then we're in a world of hurt next year. Do you understand, Corney, what we're saying there? Look on the summary page. On the other hand, if you're going to spend $315,000 this year and we've bought some equipment this year, we should be able to say -- all right, we ought to be able to come in at about the same level as we did last year and then we'll have to tighten things up for the following year. We're headed for some difficult days -- either this year, next year, or the year after -- it's probably going to be all three years. Do you understand what I'm saying, Corney? L. Cornelius - Yes. I understand what you're saying. But I don't know..... C. Haynes - It's kind of tough to have you make that decision right now. I guess we've got a few more days before we have to approve this thing. We could give you a few more days to look at that and make a decision. L. Cornelius - We'll be getting some of that CHIPS money.... C. Haynes - Yes, but that's already in there under your estimated revenue. We just went through that. Out of that DA budget, about $50,000 of your 315 is machinery. So if you simply do the same thing next year that you did this year, you'll be able to spend $50,000 on equipment; you'll have about $315,000 expenditure against a $426,000 budget. You'll have $111,000 left in your fund balance which means you'll have $30,000 you are going to have to find in taxes the following year or cut them someplace else in order to make the thing reasonable for next year. Or -- underspend the 315 -- spend less than you did 11 MINUTES OF TOWN BOARD MEETING ,199 last year. I don't understand how we can move Capital Funds to the operating budget, Teresa. How do we do that? L. Brennan - Well, if he has a truck in mind that he wants.... C. Haynes - You're talking about the building fund? L. Brennan - No, the Capital Reserve Fund. You can move it into the equipment fund. If you had another referendum and were borrowing money for whatever you're buying -- for example, for a building you'd have to have a referendum. If you buy a truck, you don't have to have a referendum. C. Haynes - The Board could pass a resolution closing out that Building Fund, moving the money into the Reserve Fund which, at that point, would bring that up to 50.... L. Brennan - Almost $70,000. C. Haynes - I believe we could do that. But I really think we ought to protect that for a real legitimate emergency. That should be our emergency thing and not a routine business thing. What if you really have a big breakdown and need to replace something? L. Cornelius - We do have a plan -- but it's kind of like this year we ought to do this and next year we ought to do that. C. Haynes - Corney, the thing that concerns me more is that you've been around so long that he knows what he's doing and I have a lot of faith and confidence in what he knows -- but when he leaves - -we don't know what the heck is the situation out there. Old timers on the Board like Dutch might know, but anybody that's got to start running the Town has no idea of what the replacement pattern has been -- unless you go back through the archives and dig it all out. B. Leaver - You can ask him before he leaves. L. Cornelius - Like the loader. I don't have any idea what the cost is. We've gotten good trades. C. Haynes - We've been able to do some extra things over the years because of the fund balance. And now the fund balance is used up, gone. We're raising taxes basically by the inflationary rate this year. The last three years we've cut taxes. That's why we've decreased that fund balance. We've had to use it. Now we're starting to work on a more realistic budget -- and we've got to be more careful. I'm willing to give Corney a couple, three days to.... T. Robinson - Are you suggesting he take the money and transfer it over to the machine fund, then? C. Haynes - Here's my only condition -- as long as the $426,000 doesn't change in the budget (a), and (b) as long as he really doesn't spend more than around 300, I don't care what he does -- it's up to him and he runs the budget and it's his show and he's elected to do that work. If he's got something he doesn't want to do because he wants to put $40,000/$50,000 in equipment, then he should have the right to do that. We're in charge of the overall budget. We're setting that budget and also telling him that he can readily understand that if he spends it, then next year he's going to have a budget of about $286,000. I'm sure he doesn't want to do that. So that's a give and take that goes on there. B. Leaver - Is that Building Fund that you're talking about -- are you going to transfer that? 12 MINUTES OF TOWN BOARD MEETING ,199 C. Haynes - My feeling is that Building Fund should to into the Capital Reserve Fund and stay there for emergency purposes. Tougher years are coming, believe me. There's going to be some year when he doesn't have any money, and then you're going to have a piece of equipment that you've just got to go buy. That's the year that you go to the Reserve Fund. B. Leaver - That's why I'm here, because I hope you don't go get yourself into a crisis. You won't know for sure until next spring anyway. C. Haynes - If we get an easy winter..... F. Casullo - Just keep in mind that you've got to pass this thing -- November 20th I believe is a Sunday. And I don't want to play this next business day. So I think you're probably going to have to do this by Friday. C. Haynes - What happens if we don't? F. Casullo - You want to go on record that you're adopting the budget after Corney's had the opportunity to look at it. C. Haynes - So we can't approve it without his making a line item change? F. Casullo - I guess what you're telling me is that you want to give Corney the opportunity to find some money to put into the machinery or equipment fund and you want to give him a couple days to think about what he wants to do with his budget so he can play around with those numbers as long as he stays within the total parameter? C. Haynes - Right. F. Casullo - Then you can give him a couple days. Give him Tuesday or Wednesday, but by Thursday or Friday you want to get back in here and adopt it. You did the public hearing by November 15th. C. Haynes - The bottom line budget is not going to change. The only thing that will change is in the more detailed document. F. Casullo - But that will be your final budget. D. Cummings - We can't adopt it tonight and have him make those changes? F. Casullo - Technically I think you could, but you're going to run into a problem because technically you're adopting the budget tonight and then already, before it even goes into effect, you're making an amendment. And I don't think we want to do that. T. Robinson - No. C. Haynes - The other option we've got is to recognize it and we can do those transfers as we move along. F. Casullo - That's up to you. However you want to do it. Some of the people here at the public hearing felt very strongly about your including some money into that machinery or equipment column, and you want to heed those wishes. And you want Corney to make a decision. Then do it later this week. C. Haynes - I think that's fair. L. Cornelius - Liz is going to help. C. Haynes - The key thing is to work with this year's budget and see where we're underspending money. F. Casullo - I think what you ought to do is close the meeting, close the 13 MINUTES OF TOWN BOARD MEETING ,199 budget. The safest thing to do here is you've closed the public hearing and then adjourn the budget meeting itself from day -to -day and meet at what time it's most convenient for you. After that you just approve the budget. T. Robinson - Today is the 14th. C. Haynes - I'll go for a meeting on Friday -- I'm not sure what time I'll be home. It's likely to be 5 or 6. I Could call. F. Casullo - You'd have to make sure there are three here for a quorum. Carl's vote can't count unless he's here. Moved by Supervisor Robinson to adjourn meeting until Friday, November 18, 1994, at 4:OOPM. Seconded by Mr. Haynes - Ayes Sovocool, Cummings, Haynes, Robinson. (9:30PM) Colleen D. Pierson Town Clerk MINUTES OF TOWN BOARD MEETING FRIDAY, NOVEMBER 18, 1994, AT 4:OOPM (CONTINUATION OF NOV. 14, 1994, MEETING) Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Carl E. Haynes, Councilman Fran Casullo, Attorney Absent: Donald E. Cummings, Councilman Absent: Gordon C. VanBenschoten, Councilman Also present: Leland Cornelius, Liz Brennan This meeting was a continuation of Board Meeting held on November 14th. Purpose of meeting was to take action on adopting budget. RESOLUTION NO. 75 - ADOPT 1995 BUDGET Moved by Mr. Haynes, seconded by Mr. Sovocool Ayes - Haynes, Sovocool, Robinson RESOLVED, that the Town Board does hereby adopt the 1995 proposed preliminary budget as the Town of Groton's 1995 Annual Budget. Colleen D. Pierson Town Clerk 14 MINUTES OF TOWN BOARD MEETING ,199 15