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HomeMy WebLinkAbout01-06-1998 MINUTES OF TOWN BOARD MEETING TUESDAY, JANUARY 6, 1998 @ 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Daniel J. Carey, Councilman Donald N. Palmer, Councilman Donald Scheffler, Councilman Francis Casullo, Attorney Also present: Rick Neville, Arland Heffron, Frank Ciccoricco, Richard C. Case, Jr., and George Senter All officials present took the oath of office. 7:35 P.M. - Moved by Councilman Carey, seconded by Councilman Sovocool, to go into executive session to discuss personnel. Ayes - Sovocool, Scheffler, Palmer, Carey, Robinson. 8:00 P.M. - Board Meeting reconvened. Minutes for December 9th and 29th were not completed. Claim Nos. 330 to 342 of the 1997 General Fund in the amount of $2,427.10 and Claim Nos. 1 to 3 of the 1998 General Fund in the amount of $797.25 were presented for audit. Moved by Councilman Palmer, seconded by Councilman Sovocool, that the bills be approved for payment. Ayes - Sovocool, Scheffler, Palmer, Carey, Robinson. Claim No's 120 and 121 of the Special Grant Funds (HUD) in the amount of $6,563.56 were presented for audit. Moved by Councilman Palmer, seconded by Councilman Sovocool, that the bills be approved for payment. Ayes - Sovocool, Scheffler, Palmer, Carey, Robinson. Claim No's 208 to 217 of the 1997 Highway Fund in the amount of $12,161.10 were presented for audit. Moved by Councilman Carey, seconded by Councilman Palmer, that the bills be approved for payment. Ayes - Sovocool, Scheffler, Palmer, Carey, Robinson. LIZ BRENNAN - BOOKKEEPER - Liz is not here and next month you will get her reports. Tonight she has her Board Meeting. GEORGE SENTER - CODE ENFORCEMENT OFFICER - Year-to-Date Building Permits issued: 1996 92 6 Houses 14 Mobile Homes 72 Other 1997 97 8 Houses 21 Mobile Homes 68 Others Life Safety Inspections are all current through 1997. We had one Elder Cottage placed in the Town. If you have any questions, I'll be happy to answer them. RICHARD C. CASE, JR. - SUPERINTENDENT OF HIGHWAYS - First of all I don't have anything because of time. I thought I'd let you know what is going on. Thus far the transition is going smoothly and I'd like to thank Lee Cornelius for that and the help on the other side of the wall. Everything seems to go day by day but I've gotten a lot of support. I think it should be on record that as Lee left office and I took office that we had a record snow fall and Groton made the National Weather Map and was recognized. Mr. Francis Ciccoricco said that it was recorded at 23.5 inches. I think that should be recorded in the archives. I know how fussy Corny is about his history so some day he'll come back and read it. The Highway Department went through the snow storm with flying colors. There were no major breakdowns. I think that's a feather in the cap of Lee and the help that stayed. With the assistance of the Deputy Superintendent, which would be Jerry Holl, we're doing an inventory of equipment. At a later time I will let you know my feelings and how I grade 1 the equipment. Right at the present time, we are moving stuff out of the parts room into the cold storage out back. Employees are fashioning a dispatch room which will house primarily the Deputy Superintendent and the Head Mechanic so that he has a place to store his manuals, program records and that type of thing. That is taking place as we speak. That about sums it up. I'd like to pledge myself to performing this job to the best of my ability with what you give me to work with. COLLEEN D. PIERSON - TOWN CLERK/TAX COLLECTOR - My December Monthly Report has been submitted along with my 1997 Annual Report for the Board to review. We had one of the biggest years so far in taking in revenues, $30,00 plus. We are extremely busy collecting Town and County taxes. We had a problem with the County Tax Program but have resolved the problems. COUNCILMAN CAREY - Rick, did you ever figure out the County Roads? RICK CASE - I'm sorry. As of January 1, 1998, we took the roads over. Non of the other Towns nor County and State were prepared at that point to make the transition. We were caught up enough so that all the plow routes were covered. We took 9.12 miles on an experimental basis. I don't know if you recall that but that will be for the rest of this quarter as an extension of the same rate per center mile that we are on which will come due in July, I believe. At that time we will deal with the County on whether or not they want us to keep it or whether or not we want to keep it. County surveys have been sent out to all the residents on the routes that the Town has taken over. (The survey talks about snow and ice removal on Pleasant Valley Road Town of Dryden performed by the beginning January 1.) What we've done, prior to this time we've had four plows, we've activated a back up piece of equipment, basically there is a fifth plow unit now. It's that 1974 Brockway that's been put into service. Another question, is that covered now Teresa? Supervisor Robinson - Well, you can go on with the rest of your request if you want because we have discussed it. Rick - What, as far as the personnel? After you discussed it, I was going to have the Bookkeeper for an additional hour a day and I've made available my office to house her ........Having spent the last three months here I see how closely this budget is worked and I feel that I need contact with this person almost on a daily basis. I feel there is room for a lot of error here. (T. Robinson - That was brought up when we were discussing how we were going to do it. We have a tight budget and people should know that.) But I'm more than willing to give her a .....of her own office. I told her we would share it because obviously the space over there is limited. Also, we've got a mechanic that....I'm not in the building all the while. I don't think that that's my job to be in the building all the while. We need somebody to answer the phone also. We portray the image to the public that we are service oriented and we are but when you take a mechanic that's laying underneath the truck and he's greasing tires and has to keep answering the phone ...................Am I to ask for a resolution? Supervisor Robinson - We'll have to put it on the list here. Supervisor Robinson - I guess I skipped privilege of the floor. Is there any one that would like the privilege of the floor? Arland, do you have a report? ARLAND HEFFRON - TOWN JUSTICE - There are a couple of things of interest. The Court Room books are ready for audit. Any time the Board wants to look them over which is a necessary evil for the Board to take on once a year or to set up an appointment with an outside auditor, we're ready. A new law went into affect which might interest the Town. Beginning January 1 any penalties that were set by the Court where by the Town would receive a $10.00 reimbursement from the Justice Fund it goes up to $15.00 the first of the year. You can anticipate a little bit larger sums received from the state. 2 RESOLUTION NO. 01 - 1998 ORGANIZATIONAL ITEMS Moved by Councilman Sovocool, seconded by Councilman Scheffler Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson Abstain - Palmer - Item 1 - Depository RESOLVED, that the First National Bank of Groton be designated as the depository for all monies coming into the hands of the Supervisor and Town Clerk of the Town of Groton. RESOLVED, that the Moravia Republican Register be designated as the official newspaper of the Town of Groton with notices also to be published in the Freeville Shopper. RESOLVED, that the law firm of Pomeroy, Armstrong, Baranello & Casullo be retained as Attorneys for the Town of Groton. RESOLVED, that George R. Senter, Sr. be appointed Zoning Officer and Building and Fire Code Enforcement Officer for the Town of Groton. RESOLVED, that there be no appointment at this time for Constable for the Town of Groton. RESOLVED, that Daniel J. Carey be appointed Deputy Supervisor for the Town of Groton. RESOLVED, that Judson Holl be appointed Deputy Highway Superintendent for the Town of Groton. RESOLVED, that April Scheffler be appointed Deputy Town Clerk for the Town of Groton. RESOLVED, that Elizabeth Brennen be appointed as part-time Bookkeeper for the Town of Groton, plus an additional hour for Highway Superintendent. RESOLVED, that Margaret Palmer be appointed as part-time Court Clerk for the Town of Groton. RESOLVED, that Margaret Albern be appointed part-time McLean School Crossing Guard for the Town of Groton. RESOLVED, that Dorothy Ostrander be appointed as Town Historian for the Town of Groton. RESOLVED, that Lewis Robinson and Lee Shurtleff be appointed Election Custodians for the Town of Groton. RESOLVED, that small tool expenditures of up to $1000 by the Highway Superintendent be authorized. RESOLVED, that Blue Cross/Blue Shield Health Insurance for the Supervisor, Town Clerk, and Highway Superintendent be paid by the Town of Groton. TOWN BOARD MEETING DATE Moved by Councilman Palmer, seconded by Councilman Carey Ayes - Sovocool, Scheffler, Palmer, Carey Robinson RESOLVED, that the Town Board will hold their regular Town Board Meetings on the second Tuesday of each month at 7:30 P.M. at the Town Hall on Conger Boulevard, Groton, NY. 3 FIX SALARIES OF TOWN OFFICERS: Moved by Councilman Palmer, seconded by Councilman Carey, to approved the salaries as presented and note in the records that Item d) reflects a change from the original budget and requires an amendment. Ayes - Sovocool, Scheffler, Palmer, Carey, Robinson. RESOLVED, that the Town Board does hereby fix the annual salaries of the following Town Officers and employees at the amounts respectfully stated and that such salaries shall be paid at the time respectfully specified: a) Teresa M. Robinson, Supervisor $ 9,500 BiWeekly b) Colleen D. Person, Town Clerk $25,738 BiWeekly c) Richard C. Case, Highway Supt. $35,000 BiWeekly d) Arland L. Heffron, Town Justice $ 7,050 BiWeekly e) Alton I. Alexander, Town Justice $ 5,759 BiWeekly f) Ellard L. Sovocool, Councilman $ 1,522 Quarterly g) Donald F. Scheffler, Councilman $ 1,522 Quarterly h) Donald N. Palmer, Councilman $ 1,522 Quarterly i) Daniel J. Carey, Councilman $ 1,522 Quarterly j) George R. Senter, Code Enforcement $16,864 BiWeekly k) Dorothy Ostrander, Historian $ 1,000 Quarterly APPOINT REPRESENTATIVES TO TOWN AND COUNTY PROGRAMS Moved be Councilman Sovocool, seconded by Councilman Carey Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson RESOLVED , to appoint the following as representatives to Town and County Programs: County Youth Recreation Programs - Steven Gallow Environmental Management Council - Tompkins County Transportation Council - Teresa Robinson Tompkins County CATV Commission - Tompkins County Planning Board - Monica Carey Groton Local Youth Program - Orlando Houghtaling, Edward Mahon, Kathleen Howard SUPERVISOR'S APPOINTMENT OF COMMITTEE MEMBERS Moved by Councilman Carey, seconded by Councilman Scheffler Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson RESOLVED, that the Supervisor's appointment of committee members be approved as follows: Finance - Teresa Robinson & Daniel Carey Machinery _ Daniel Carey Building - Donald Palmer & Donald Scheffler Fire Department - Ellard Sovocool Personnel - Daniel Carey Zoning, Bldg. and Fire Code - Donald Palmer HUD Loans - Ellard Sovocool Light Districts - Donald Scheffler Fixed Assets - Ellard Sovocool Senior Citizens - Donald Scheffler Planning Board - Ellard Sovocool Appeals Board - Ellard Sovocool Highway - Daniel Carey FEES FOR TOWN SERVICES 4 Moved by Councilman Carey, seconded by Councilman Sovocool Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson RESOLVED, that fees for the Town services be set as follows: 1) Master List for Excavating $ 2.00 2) Certification of Taxes/Search $ 5.00 1st yr., $1.00 ea. addn. yr. 3) Photocopies - 8 1/2 x 11 $ .25 4) Photocopies - 8 1/2 x 14 $ .50 5) Photocopies - 11 x 17 $ .50 6) Transcript of Marriage $10.00 7) Marriage Certificate $10.00 8) Marriage License $25.00 9) Town, Village, County Maps $ .50 10) Mileage - Town Officials $ .30 11) Dog Licenses $18.00 unaltered $10.00 altered 12) Returned Check Fee $15.00 13) Fax Copies - Transmit $ 1.00 per page Receive $ .25 per page 14) Duplicate Tax Receipt $ 1.00 15) Town Directory $ 5.00 16) Land Use & Dev. Code $10.00 17) Mobile Home Ordinance $ 5.00 18) Certified Copies $ 5.00 SET HOURLY RATES Moved by Councilman Palmer, seconded by Councilman Carey, to approve Item 8 as presented and add the Constable position with the rate to be verified at presumably $10.25 per hour to be verified. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson RESOLVED, that the Town Board does hereby set the hourly rates as follows: 1) Deputy Town Clerk $ 8.00 2) Court Clerk $ 9.58 3) Bookkeeper $12.20 4) Custodian $ 8.62 5) Crossing Guard $ 7.16 6) New Part Time Clerks $ 7.00 - 8.00 7) Constable $10.25 MISCELLANEOUS - APPOINTMENTS, FEES, ETC. Moved by Councilman Sovocool, seconded by Councilman Carey Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson RESOLVED, that the annual retainer fee for legal services rendered by Pomeroy, Armstrong, Baranello & Casullo be set at $7,200. Moved by Councilman Carey, seconded by Councilman Sovocool Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson RESOLVED, That the Town Clerk be authorized to hire Laura Haughn as part-time Deputy to assist with tax collection at an hourly rate of $8.00 per budget appropriation. 5 Moved by Councilman Palmer, seconded by Councilman Carey Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson RESOLVED, that the Town Board hereby authorizes the Highway Superintendent to give the following pay increases effective January 1, 1998: 1997 1998 Name & Title Present +.35 5 Yr. Increase Total O.T. Holl, J. -MEO $12.80 .35 $13.15 19.73 Smith,M.- MEO 12.11 .35 (2/9/88 $12.61) 12.46 18.69 Coit,L.-MEO 12.11 .35 (8/1/88 $12.61) 12.46 18.69 Neville, R.- MEO 12.28 .35 12.63 18.95 Scutt, G.-Labor 11.99 .35 (11/20/88 $12.49) 12.34 18.51 Carr. P.- Labor 11.99 .35 12.34 18.51 Bogardus, R.-Mech. 12.28 .35 12.63 18.95 Graham,J. Labor 11.77 .35 12.12 18.18 Moved by Councilman Sovocool, seconded by Councilman Scheffler, that the Town authorize the following to attend the annual Association of Board does hereby Towns Training School on February 15-18, 1998, in New York City: Arland Heffron, Teresa Robinson, George Totman, Margaret Palmer, and Don Scheffler. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. appoint Teresa Moved by Councilman Carey, seconded by Councilman Palmer, to Robinson as delegate to the Annual Association of Town Meeting in New York City appoint Arland Heffron as alternate. and to Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Moved by Councilman Sovocool, seconded by Councilmen Scheffler Ayes _ Sovocool, Carey, Palmer, Scheffler, Robinson RESOLVED, that the Town Board does hereby desire to enter into the 1998 Agreement between Municipalities and the County of Tompkins known as the Tompkins County Consortium to implement and be in compliance with the Omnibus Transportation Employee Testing Act of 1991 mandating drug an alcohol testing for commercial motor vehicle drivers. Moved by Councilman Carey, seconded by Councilman Sovocool, appoint Teresa Robinson and Richard Caseas contact people for the Drug and to Alcohol Testing Program. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. re-appoint Verl Moved by Councilman Carey, seconded by Councilman Scheffler to Rankin to the Town Planning Board for a term of seven years ending December 31, 2004. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. re-appoint Moved by Councilman Sovocool, Seconded by Councilman Carey, to George Totman as Chairman of the Town of Groton Planning Board for the year 1998. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. re-appoint Moved by Councilman Palmer, Seconded by Councilman Sovocool, to Lyle Raymond to the Town Zoning Board of Appeals for a term of five years ending December 31, 2002. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. re-appoint Lyle Moved by Councilman Carey, seconded by Councilman Palmer to Raymond as Chairman of the Zoning Board of Appeals for the year 1998. Ayes- Sovocool, Carey, Palmer, Scheffler, Robinson. appoint Moved by Councilman Carey, seconded By Councilman Scheffler, to 6 Orlando Houghtaling, Edward Mahon, and Kathy Howard to the Youth Commission. Ayes- Sovocool, Carey, Palmer, Scheffler, Robinson. Bids for Disposal Service - Superior - $100.00/mo; Doug's - $64.00/mo. Both 1yr. Agreements. retain Doug's Moved by Councilman Carey, seconded by Councilman Sovocool to Trash Removal Service at the rate of $64.00 per month for January 1, 1998 to December 31, 1998. Ayes - Sovocool, Scheffler, Palmer, Carey, Robinson. Adult Entertainment Law - Board Members received copies from Planning Board. Atty. Casullo - The first thing the Town Board has to let me know if that is acceptable in substance. The moratorium began November 11th so you have four months. Right now you're inside your second month and beginning your third on January 11th. Within four months you are going to have to adopt a local law. If you want to tailor it along those lines that's fine. The only problem that I see right off hand and George Senter might want to correct me, if he has a copy of that, that there is that language in there about agricultural district. If I'm not mistaken, we don't have an agricultural district. George Senter - Yes we do. Town zoning is nearly all agricultural district. Councilman Carey - There is an agricultural district and then there is an agricultural district within an agricultural district -- the Town's Agricultural District. Atty. Casullo - you can make resolution for a local law and put it down for a public hearing - February 10th is next Town Board Meeting. I can get this into Local Law form if that is agreeable to the Board. Councilman Palmer - We need to look at licensed massage therapists. Atty. Casullo will reword that. George Senter - I have a problem with some wordage -- where they say this will be enforced by the Code Enforcement Official. I have no idea what that means. There is no "other Code Enforcement Official". Board, Attorney and Zoning Officer discussed 1000' set back from churches, schools, etc. Attorney Casullo said that we may have to have a special meeting towards the end of this month. At around 4:30 P.M. this afternoon I received word that the Langer's have sued the Zoning Board of Appeals in Article 78 Proceeding scheduled to be heard of the 27th of February at the Tompkins County Court House. It looks like the paperwork is 100 - 150 pages long and I'll look at it tomorrow but I'll probably have to meet with you in an executive session at a special meeting to get some guidance as to how you want to go about this. Basically, they are trying to say that the Zoning Board of Appeals is wrong. RESOLUTION NO. 2 - SCHEDULE SPECIAL TOWN BOARD MEETING JANUARY 27, 1998 @ 7:30 P.M. Moved by Councilman Carey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Palmer, Carey, Robinson RESOLVED , that the Town Board does hereby schedule a special meeting to be held on January 27, 1998 at 7:30 P.M. at the Groton Town Hall at which a proposed local law will be introduced which would regulate sexually oriented businesses within the Town of Groton, and FURTHER , it is anticipated that the Town Board will discuss a matter currently in litigation in an executive session. Supervisor Robinson spoke with Rick Beals of Noles and Beals regarding performing annual audit of financial statements for the year ended December 31, 1997. He will perform audit including the Justice Court for the same price as last year and maybe a little less. I don't recall last years fee but it was less than those in Ithaca. RESOLUTION NO. 3 - CONTRACT WITH NOLES AND BEALS FOR AUDIT OF 1997 FINANCIAL STATEMENTS Moved by Councilman Palmer, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Palmer, Carey, Robinson RESOLVED , that the Town Board does hereby retain the services of Noles and Beals to audit Financial Statements including Justice Court for the 7 year ended December 31, 1997 at a fee not to exceed the fee paid in 1997. Supervisor Robinson - I don't have the attendance records of the Planning Board and Appeals Board. The next meeting I think they had better hand it in and then we'll have to do something about it. The next meeting of the Tompkins County Municipal Officials is going to be held at the Ramada Inn January 15, 1998 at 7:00 P.M. If anyone is interested in going, we have to know by the 12th. The agenda is election of officers, presentation of proposed ag and farmland protection land and how it will affect your municipality, adult entertainment ordinance sharing by Groton of their process - please feel free to discuss your Towns efforts so we can learn from each other, an update of cooperative effort for cellular tower ordinances. Supervisor Robinson - We have to amend the budget. Clerk Pierson - That's a no no. Before we even get started. Supervisor Robinson - That's the way it has to be done. Did you give the material to everyone for the Association of Towns? Clerk - Yes. Supervisor read resolutions to be acted on at NYC. I have a letter from Francis Ciccoricco: "I have been a resident on Ogden Hill in the Town of Groton for over twenty (20) years. My professional career spans over fifty (50) years in the advancement of the theory and practice of radio and allied branches of engineering. Being actively engaged in the telecommunications field, have practiced before the Federal Communications Commission on many matters as a technical consultant and a FCC licensee. Aware and familiar with the rapid growth of wireless telecommunications along with the projected many thousands of new antennae and towers needed by the next century has led to numerous conflicts with localities around the country. Your town attorney, Francis Casullo, has recently approached me on providing technical advice on telcom matters. I would be willing to offer my services as a technical consultant on telecommunication matters to the Town Board on a retainer and in a official capacity at no cost to the Town of Groton. Your consideration of my request will be appreciated." Sincerely, Francis A. Ciccoricco Supervisor Robinson - This is something for us to consider. Is that it Colleen? Clerk Pierson - I don't have anything, other than your amendment to the budget. You have to tell where the funds are coming from. Supervisor Robinson - At this time I think they were planning to move them from Contingency Fund to the Justice Fund. RESOLUTION NO. 4 - AMEND 1998 TOWN BUDGET Moved by Councilman Palmer, seconded by Councilman Carey Ayes - Sovocool, Scheffler, Palmer, Carey, Robinson RESOLVED , that the Town Board does hereby authorize the amendment of the 1998 Town Budget by moving $1000.00 from the Contingency Fund to the Justice Fund. 8 There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 9:15 P.M. Unanimous. Colleen D. Pierson Town Clerk 9