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HomeMy WebLinkAbout05-12-1998 MINUTES OF TOWN BOARD MEETING TUESDAY, MAY 12, 1998 AT 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Daniel J. Carey, Councilman Donald N. Palmer, Councilman Donald F. Scheffler, Councilman Francis Casullo, Attorney Also present: Jerry Holl, Mark D. Gunn, Rick Beals, Francis A. Ciccoricco, George Totman, Phil Smith, Leslie Gifford, Kristie Rice, Lee Shurtleff, Virginia Munson, Sandy Bradly, Joseph Fuller, Joe Graham, Arland Heffron, Glen Morey, Dennis Toolan, Brenda Talbot. Moved by Councilman Palmer, seconded by Councilman Scheffler to accept the minutes of the March 12, 1998 Joint Informational Meeting on Annexation as presented. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Supervisor Robinson requested that the April 14, 1998 minutes be corrected on page 10. Where the minutes read, "Rick feels that he will probably have his report", Supervisor Robinson felt that it should read, "Rick Beals will probably have his report." Supervisor Robinson also stated that on page 19, George Totman said, "...pretty near every town and the city is going along with this, except the Village of Freeville." Supervisor Robinson wished it to be known that the Village of Freeville is joining the rest on the municipalities in support of the Tompkins County Intermunicipal Cable Commission. Moved by Councilman Carey, seconded by Councilman Sovocool, to accept the minutes of the April 14, 1998 minutes as presented. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Moved by Councilman Palmer, seconded by Councilman Carey, to approve the minutes of the April 29, 1998 minutes as presented. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Supervisor Robinson introduced Rick Beals from Nolis & Beals, CPA, who presented the Board with copies of the 1997 Financial Audit Report. RICK BEALS- First of all, I'd like to thank the Town for giving me the opportunity to do the audit for the Town on Groton for the year ending 1997. I gave you a copy of the audit report. I'll quickly go through some of the statements and tell you what they mean. Then if you have any questions, I'll try to answer them. May 12, 1998 - Town Board Meeting - Pg.2 Rick Beals then went through the audit page by page explaining the information included in it. He stated that books and records had been well maintained according to the laws and regulations governing the Town. Mr. Beals also audited the Justice Court Records and found that all the transactions were recorded in the manner in which they were supposed to be recorded. There were no questions from the Board. Supervisor Robinson thanked Mr. Beals for coming. Supervisor Robinson then introduce Phil Smith from Time Warner Cable Company. Mr. Smith reported that they had completed fiber optic upgrades within the Town and that beginning on the next Tuesday there would be additional services appearing in area homes. Mr. Smith referred to a proposed franchise agreement sent to the Town in March which he would like the Town to consider as an interim agreement as the cable company has not had an active franchise with the Town since 1994 and has not come to an agreement with the Intermunicipal Cable Commission on a final document. He also explained that their new system design allows them to have individual public access channels for single or small groups of communities which would resolve some of the problems that have occurred due to the area's current public access channel being controlled under the franchise of the City of Ithaca. It was suggested that this be put on the agenda of a future meeting and be discussed at that time. Supervisor Robinson thanked Mr. Smith for coming and then gave privilege of the floor to Judge Arland Heffron. ARLAND HEFFRON- I feel that there is some urgency in my request. I'm presenting a review from the Town & Village Court Resource Center which talks about security in the court room. It recommends that the court facilities be equipped with fire alarms, extinguishers and emergency exits, which we do have. It is also recommended that the courts be supplied with a bailiff to maintain order and diffuse any potential disturbances between individuals inside or outside the courtroom. We don't have that, and we're not requesting that. I have yet to feel the need of it. The clerk's office is generally the most visible and heavily used part of the courthouse. It is responsible for processing all records, keeping records, and answering questions from the public. The clerk's office should be located near the main entrance to the building, but should not to the extent possible have private access to the judge's chambers and the courtrooms. Well, we don't have a suitable office. Based on the above scenarios and the frequency which court personnel are required to deal with the public, it is strongly recommended that the general public be denied access to the court office. This states that the court office door or doors should be kept closed or locked at all times. They must be accessible to those individuals having business to conduct with the court. To compose a court office that protects its occupants yet allows them to service its patrons in a courteous manner the following items should be incorporated into the office: a public ..... or security office installed in the office door or office wall through which service may be provided to individuals having business with the court. In other words, today if a person comes in to pay a fine or inquire as to court operations, they have complete access to the court office merely by opening the door. I am suggesting that Pg.3 - Town Board Meeting - May 12, 1998 door be divided with a suitable counter at the lower half of the door. Business could be transacted without the person actually coming into the office. We have had no instances, up to this time, where that would be a necessary item. However, we're all aware of the foolish things that are going on around the country, and the court clerk is in the office many times when she is the only one in the building, after 4:00 or early in the morning or late at night. I feel that the court office should be better secured than what it is and I am suggesting to the Board that that door to the office be divided in such a manner that it would not be ultimately accessible to every Tom, Dick, and Harry who wants to come into the office. That's my purpose for being here. I'd like to ......hiring a carpenter to cut the door in half and put a shelf in there.......and I'd like the Board to give it some consideration. SUPERVISOR ROBINSON- After I talked to you, I talked to the zoning officer, both zoning officers that we have at the time, and those are fire doors..... ARLAND HEFFRON- I don't care if they're fire doors or what kind of doors they are, there's no reason why it can't be fixed one way or the other. SUPERVISOR ROBINSON- Well, you have to go along with the laws.... ARLAND HEFFRON- ......fire door with a shelf in it. It's a wooden door, who cares? SUPERVISOR ROBINSON- That's a fire door. ARLAND HEFFRON- Okay, put another fire door in and put a shelf in it. It's no big deal. SUPERVISOR ROBINSON- Well, I don't think you can open it up like that, from what they told me. ARLAND HEFFRON- Well, regardless, I'm sure it could be done and I encourage the Board to give the office that kind of security. Thank you. Supervisor Robinson asked George Totman if he had anything to say. Mr. Totman reported that most of the things going on in the County at this time were not directly related to the Town. They are presently working on Tourism and Economic Development studies and are holding a Public Hearing on May 19, 1998 on a proposed law requiring stores to sell tobacco products behind the counter only. Councilman Carey asked if the Tompkins County Farmland Protection Board was still planning to have a farm tour for the public in August. Mr. Totman did not know as he is not on that board. COUNCILMAN PALMER- A question not related to your county roll: In terms of the joint committees that were set up by Dryden, Lansing and Groton to look at some issues, do we have any update on that status? George Totman stated that he had discussed this issue with Attorney Casullo and felt that the Attorney was better qualified to discuss the issue with the Board. Attorney Casullo then stated that this would be covered later in the meeting, possibly requiring an executive session. May 12, 1998 - Town Board Meeting - Pg.4 JOE FULLER- I bought a parcel of that Hunter Property and I wondered how they were coming with getting into the Village. Have they talked about it or anything? I just wanted you to know that I am for putting it into the Village. SUPERVISOR ROBINSON- We have talked about it some. You don't want it for the farm? Answer is not understandable on tape. RESOLUTION NO.24 - APPOINT CODE ENFORCEMENT OFFICER Moved by Councilman Sovocool, seconded by Councilman Palmer Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. RESOLVED, that the Town Board does hereby appoint Mark D. Gunn as Code Enforcement Officer and Zoning Officer for the Town of Groton at a salary of $13,000 per year. MARK GUNN, CODE ENFORCEMENT OFFICER- As for the Building Permits issued for April 1997 compared to 1998, we're down from 20 in 1997 to 9 issued through April of 1998. The significant changes being in the 7 mobile homes, 2 of them replacements, in 1997, and just 3 new mobile homes for 1998. Also 12 others, being garages, additions, electrical upgrades, anything like that, in 1997 and 5 for 1998. That brings the total for 1998 to a total of nine. The life safety inspections through April are current. LIZ BRENNAN, BOOKKEEPER- Absent. The Supervisor's report was handed out by Supervisor Robinson. Claim Nos.63 - 86 of the Highway Fund in the amount of $14,430.91; Claim Nos.91 - 119 of the General Fund in the amount of $16,652.97; and Claim Nos.130 - 132 of the HUD Fund in the amount of $2155.91 were presented for audit. Moved by Councilman Carey, seconded by Councilman Scheffler, to accept the Highway bills as presented. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Moved by Councilman Carey seconded by Councilman Sovocool, to accept the General bills as presented. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Moved by Councilman Palmer, seconded by Councilman Carey, to accept the HUD bills as presented. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Pg.5 - Town Board Meeting - May 12, 1998 JERRY HOLL, DEPUTY HIGHWAY SUPERINTENDENT- I'm here tonight because Rick Case is sick with the flu. We've been on a Spring program maintaining dirt roads, ditching, making Item 4 gravel, clearing brush, and the moving of the contaminated material that was out here beside the barn. That's finished, gone. COLLEEN D. PIERSON, TOWN CLERK/TAX COLLECTOR- submitted her Town Clerk's Monthly Report and Tax Collector's Monthly Reports were submitted to the Board for their review. THE TOWN JUSTICES, ARLAND HEFFRON AND ALTON ALEXANDER- Monthly Reports were submitted to the Board for their review. RESOLUTION NO. 25 - HIRING OF SUMMER YOUTH WORKERS Moved by Councilman Sovocool, seconded by Councilman Scheffler. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. RESOLVED, that the Town Board does hereby authorize the hiring of up to four summer youth workers. RESOLUTION NO. 26 - 1998 JOINT YOUTH SERVICES CONTRACT Moved by Carey, seconded by Councilman Palmer. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. RESOLVED, that the Town Board does hereby authorize the 1998 Joint Youth Services Contract between the Town of Groton, the Village of Groton, and Cornell Cooperative Extension of Tompkins County. SUPERVISOR ROBINSON- We need to discuss status of the annexation. We're in the process of going over different aspects of this. We have two annexation requests, and it would be nice if they were combined. So we have to go through both of these two before we get to the decision making. ATTORNEY CASULLO- ......to give a little bit of background of where you should be on this. The first annexation petition was heard on April 21st, at the joint meeting here. The General Municipal Law gives you a time frame in which you're supposed to make a decision as to whether that proposed annexation is in the quote "best public interest". The time frame is any time between that date and 90 days from that date. That would put you at around July 19th, which falls on a weekend so you would make it the 20th of July. That's the longest you can take. I'm not saying that you should take that long, but on the Munson and Wolf petition, that is the longest that you can take to make a decision according to the requirements of the General May 12, 1998 - Town Board Meeting - Pg.6 Municipal Law. With the second annexation, the Talbot annexation, the public hearing for that is scheduled for May 28th, at 7:00. The notices, pursuant to General Municipal Law, were put in the paper. We also notice the Fire Department as well as the School District and anyone else that is required to be noticed. So all your notices are out on the Talbot annexation. You are at the process of deciding on the Munson and Wolf annexation, and you have to have the decision by the end on July. On the 28th of May you will have your joint Public Hearing here on the Talbot Annexation and then the 90 days on that one. So, that's where you stand on the annexations. SUPERVISOR ROBINSON- Okay. I received a petition to the Groton Town Board: "We, the undersigned do hereby petition the Groton Town Board to move as quickly as is prudent and possible to enact an amendment to the Town Zoning Ordinance Regulation both new and existing adult entertainment business. We exhort you to do everything within your authority to prevent the tragedy of Sirens occurring elsewhere within the residential community in the Town and we insist that you structure the ordinance such that existing adult entertainment business within the Town can be forced to move to a specified area where their effect on crime rates, depreciated property values, and deteriorated community character can be minimized. Further, we refer you and your legal council to two NY Court of Appeals cases, Springfellow's v. the City of New York, and Islip v. Caviglia which are instructive in crafting legislation that achieves the desired objectives. Also, we refer you to the resources of the New York Association of Towns and the New York Planning Federation who can assist you in this task. We also refer you to the ordinances of the Rochester, Albany, Binghamton, Yonkers and Peekskill which achieve the described objectives. We shall follow closely your progress in this regard." There are roughly about 48 people who have signed it. We're working on it. It was received on May 5th. Moved by Councilman Carey, seconded by Councilman Sovocool, at 8:36 PM,to go into executive session to discuss matters of pending litigation. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Moved by Councilman Palmer, seconded by Councilman Sovocool, to reconvene regular session at 8:55PM. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. ATTORNEY CASULLO- Just for the record, with respect to the Supreme Court decision that Judge Rumsey rendered about the Sirens matter, essentially the Zoning Board of Appeals was successful in defending the Article 78 proceeding that was brought by Kim and Jeff Langer against the Zoning Board of Appeals. Essentially, the Langers were stating that findings that the Zoning Board of Appeals had made relative to the Sirens establishment were arbitrary and an abuse of discretion by the Board. Judge Rumsey disagreed and found that the findings by the Zoning Board of Appeals were reasonable, not arbitrary, and not an abuse of discretion. At this point we have prepared the (Cease and Desist) order, it's probably on Scott Chatfield's desk now for his review within the time frame that's given, to have him...........at which point the Pg.7 - Town Board Meeting - May 12, 1998 order will be presented for Judge Rumsey's signature. Then at that point a number of situations can arise, and in a large part, up to the Langers and their counsel. All we'll do at this point is wait for the order to be signed and then move from there. That's pretty much the update that I can give the general public on that. We extended the moratorium and we thought we were going to be able to go in with the Town of Lansing and the Town of Dryden and try to do a study together relative to the regulation of adult entertainment businesses in the community. It looks like the Town of Dryden prefers to hire an outside person to do the study. It appears that after speaking with George (Totman) that the Town of Lansing isn't interested in doing that. It's my understanding that George is working right now with Richard John with putting together a study for the Town of Lansing. What I would propose that you do is probably extend this no more than 30 days, and I will talk to Colleen, maybe 30 to 60 days. I don't think we're going to have a problem with this. Essentially, I'll take the lead in preparing the study. I'll ask the Board to give me a hand, and also ask the members of the Planning Board, the Zoning Board of Appeals and Town Board to give me a hand. We'll do our own study or look at another study and review it as it pertains to Groton. Then we'll put together an amendment to our Land Use and Development Code to deal with adult entertainment. The reason for this study is that the courts have required that before you enact a local law or an amendment to your zoning law you conduct a study, or else your underlying law is not going to be valid. That's why all these towns are scrambling to do these studies. We're going to probably need a Special Meeting for the end of June to talk about the cellular towers anyways, so we'll probably add on the possibility of extending the moratorium for another 60 days. Then we will have that accomplished by the end of summer. So, that's where you stand on the adult entertainment law. GEORGE TOTMAN- The one that we are working on, we're working in a deadline of June 3rd. I assume that probably within a week, I ought to be able to give you a copy of that along with some other ones that are available. ATTORNEY CASULLO- I appreciate that. Let me bring you up to date on the cellular towers issue. Apparently George, either with the assistance of the Planning Board or as Chairman of the Planning Board, put together a proposed local law that he gave me either the last day of April or the first day of May. After reviewing it, quite honestly, I heard grumblings that were later cleared up with George, that it had something to do with parts of it being from a different municipality that has had some litigation with it. That's not proven. What I did, when I first heard that, is draft a model local law on the cellular phone towers just in case that information was accurate and it turns out that it wasn't accurate. So, essentially you have both of them. I don't care which one you take, but I think we need to make some decision tonight as far as which one you want to look at as far as adoption. Then I think we need to schedule a special meeting around June 22 - 24, so that we can do all the special notices that need to be done plus noticing all the people who need to be noticed about this. You can have a special meeting in that you can have your public hearing on the proposed amendment to the local law, adding this section regarding telecommunications. Then what I think you also want to do is at the same time also discuss the possibility of extending the moratorium on adult entertainment to allow me in conjunction with the Town officials to put together a study and then pass an amendment to our code on May 12, 1998 - Town Board Meeting - Pg.8 that as well. CLERK PIERSON- So you're saying two public hearings on the same night and then a special board meeting to act on this? ATTORNEY CASULLO- Yes. RESOLUTION NO. 27 - SCHEDULE HEARING TO EXTEND MORATORIUM ON ADULT ENTERTAINMENT Moved by Councilman Palmer, seconded by Councilman Carey. Ayes-Sovocool,Carey,Palmer,Scheffler,Robinson. RESOLVED, that the Town Board does hereby schedule a hearing to be held on Tuesday, June 23, 1998 at 7:30 P.M., for the purpose of extending the moratorium on adult entertainment for a period of up to 60 days. ATTORNEY CASULLO- Now you have the hard part. As far as the cellular phone towers......I don't care which you take, but you need to take one or the other. COUNCILMAN PALMER- George, the draft that we've got here, is that representative from the Planning Board in fulfilling their charge to do that? GEORGE TOTMAN- Members of the Planning Board and I worked together on this and it was given to the full Planning Board for comments and they endorsed it. ATTORNEY CASULLO- If that's the case, we'll have to make some technical corrections, but I think you're almost under a duty to take the Planning Board one. RESOLUTION NO. 28 - SCHEDULE HEARING TO REVIEW PROPOSED LAW ON CELLULAR TOWERS Moved by Councilman Palmer, seconded by Councilman Scheffler. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. RESOLVED, that the Town Board does hereby schedule a Public Hearing on Tuesday, June 23, 1998 at 8:00 for the purpose of reviewing the proposed Local Law on Cellular Towers that the Planning Board has adopted and presented. RESOLUTION NO. 29 - SCHEDULE SPECIAL TOWN BOARD MEETING Pg.9 - Town Board Meeting - May 12, 1998 Moved by Councilman Sovocool, seconded by Councilman Carey. Ayes-Sovocool,Carey,Palmer,Scheffler,Robinson. RESOLVED, that the Town Board does hereby schedule a Special Town Board Meeting on Tuesday, June 23 at 7:30 to run concurrently with the scheduled hearings. Supervisor Robinson announced that the Town Offices had received maps from the County showing the roads that were going to be repaired until the year 2003. Mayor Toolan asked if the Town had scheduled a trash day yet. He said that Ward Harrison had made the offer to take all of the trash at his junk yard on Cobb Street. He could crush the metal, and have a dumpster there for straight trash. There would, however, be a charge to dispose of tires. He asked the Town to think about this idea. Supervisor Robinson said that Rick Case had been considering the trash day and that he and Mayor Toolan should get together and plan it. Mayor Toolan then asked if the Board planned on acting on the Wolf-Munson annexation soon, or if they were going to wait the full 90 days. Supervisor Robinson and the Town Board replied that they had decided to hold the hearing for the Talbot annexation and then they would make a decision on both of them at the same time. Supervisor Robinson asked if there was any other business. Councilman Palmer stated that there were two pending issues that needed to be on the agenda for next month. First was the issue of the part time / full time bookkeeper position that needs to be resolved. Second was the study on the deferred compensation program. Clerk Pierson stated that she had handed out information on the program and had not yet received a response. Joe Graham stated there was some interest. Councilman Palmer felt that someone should be brought in to talk to the employees and explain the program. It was put on next months agenda. There being no further business, Councilman Carey moved to adjourn, seconded by Councilman Sovocool, at 9:20 P.M. Unanimous. Colleen D. Pierson Town Clerk