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HomeMy WebLinkAbout11-09-1999 MINUTES OF TOWN BOARD MEETING TUESDAY, NOVEMBER 9, 1999 AT 7:30 PM 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: Glenn Morey, Tyke Randall, Mikel Shakarjian from Tompkins Co. Planning, Colleen Gloster-Grey, Gregory Eades, Gerald Willis, William Holmes, April Scheffler, Mark Gunn, Sheldon Clark, Barbara Clark, Charlotte Moore, Steve Simon, Eric Harrington, Sandra Harrington, Linda Harrington, Jon Harrington, Joe Graham, Richard Case, Liz Brennan. Moved by Councilman Palmer, seconded by Councilman Scheffler, to accept the October 12, 1999 Minutes as presented. Ayes - Carey, Sovocool, Palmer, Scheffler, Robinson. Claim nos. 245 -304 of the General Bills in the amount of $17,406.83 were presented for audit. Moved by Councilman Carey, seconded by Councilman Sovocool, to approve the General Bills for payment. Claim nos. 188 - 208 of the Highway Fund in the amount of $10,540.62 were presented for audit. Moved by Councilman Scheffler, seconded by Councilman Palmer, to approve the Highway Bills for payment. Ayes - Carey, Sovocool, Palmer, Scheffler, Robinson. Claim nos. 170 - 171 of the Special Grant (HUD) Fund in the amount of $6,158.79 were presented for audit. Moved by Councilman Carey, seconded by Councilman Palmer, to approve the HUD Bills for payment. Supervisor Robinson invited Privilege of the Floor. Pg.2 - Town Board Meeting - November 9, 1999 MIKEL SHAKARJIAN- I'm the coordinator for the County's Environmental Management Council. I want to thank you tonight for putting us on the agenda and giving us a couple of minutes. I'm here to night to let you know that the EMC is currently conducting a membership recruitment drive. We are looking for our municipal positions to be filled, and I appeal to you. The Town of Groton has a vacancy and we would love to have someone from Groton join us as a municipal representative. SUPERVISOR ROBINSON- Would you explain what the EMC means? MIKEL SHAKARJIAN- Sure. The EMC is Tompkins County's Environmental Management Council. We are a citizens advisory group to the Board of Representatives. Our purpose is to advise the Board of Representatives on all kinds of environmental issues, everything from projects that are coming into the County or proposals at the State level that may affect the County. Do you have any questions? SUPERVISOR ROBINSON- No, is that all that you want to say? MIKEL SHAKARJIAN- Well, you may have received a letter, probably back in September. The Board of Representatives is currently looking at restructuring the EMC. If it is passed the way it is currently written, if Groton wants a municipal representative to the EMC we need to have a formal nomination from the Town Board down at the Courthouse by December 8th. After that point the County Board of Representatives may appoint an at-large member to serve in leu of a member for the Town of Groton. That would be an at-large position. We really are trying to encourage municipalities to appoint individuals. I know that can be difficult to find individuals to fill volunteer positions. SUPERVISOR ROBINSON- How often do you meet? MIKEL SHAKARJIAN- We meet once a month. I've brought some materials that I'd like to give to the Clerk, and maybe you can distribute among yourselves, that lists the duties of the members. We do meet about once a month. We are required to have ten meetings a year, so sometimes that means two months off a year. This year we are having eleven meetings though. Beyond the regular EMC meetings, we also have requirements that a member serve on either a committee of the EMC or serve as a liaison to another organization. So, those are the real time requirements of members. SUPERVISOR ROBINSON- Thank you. LIZ BRENNAN, BOOKKEEPER- I've already handed out the reports. We do have some transfers, now that we're coming down to the end of the year. In the General Fund Part Town from Contingency $427.50 to Zoning, and that's for the Deputy Clerk's salary. And then the General Fund Town Wide from Contingency to Attorney Miscellaneous for $2066.25 and Traffic Control Contractual for $103.45. And in the Highway Fund Part Town from General Repairs Contractual to General Repairs Personal Service for $2795.89. I've given you the amended sheets from the Budget. I guess that's on the agenda for tonight to either adopt the Budget or not. Other than that, do you have any questions? November 9, 1999 - Town Board Meeting - Pg.3 COUNCILMAN CAREY- Liz, does that close out both Contingency line items in both Part Town and Town Wide? LIZ BRENNAN- Not in the Part Town, but the Town Wide is just about done. Part Town still has some money in it. RESOLUTION #39 - APPROVE FUND TRANSFERS Moved by Councilman Carey, seconded by Councilman Sovocool Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved , that the Town Board does hereby approve the following fund transfers: General Fund Part Town: From: Contingency B1990.4........................$ 427.50 To: Zoning, Typist B8010.12......................$ 427.50 General Fund Part Town: From: Contingency A1990.4........................$2066.25 $ 103.45 To: Attorney, Misc.A1420.41......................$2033.25 Traffic Control, Contractual A3310.4.........$ 103.45 Highway Fund Part Town: From: General Repairs, Contractual DB5110.4.......$2795.89 To: General Repairs, Pers. Service DB5110.1......$2795.89 MARK GUNN, CODE ENFORCEMENT OFFICER- Good evening. My building permits for 1998 as compared to 1999 for the month of October, I had one more for 1999 than I did in 1998. The mobile homes, I had 1 in 1998 and 3 in 1999 and other permits were 7 in 1998 and 6 in 1999. The Life Safety Inspections for 1999 are current. I needed to find out from the Board if you had a chance to go over Mr. Totman's idea for the amendment for the Code, for the wall height. I just wanted to voice my opinion as to... the Planning Board's recommendation was to withdraw height limitations on all secondary structures, being a garage. My concern with that is that anybody with a small mobile home or an existing structure that's close to a property line, could have been there for twenty years, and if there's no height restriction on a secondary structure, a Pg.4 - Town Board Meeting - November 9, 1999 neighbor could move in within six feet of a property line and put up a 35' tall garage, overshadowing the setting sun, the rising sun, any kind of view or anything like that. I do need some kind of an amendment to make sure that it's at least what I have been going by, the way I've interpreted it, which is a 12' height limitation on the side walls. I would be more than happy with just that for now. I have people putting in garage applications daily. It is something that I need to have done, but I don't think dropping the limitation completely and going with just a secondary structure being 35" tall, I don't think that's a really good way to go, seeing some of the sizes of the garages that are out there. I have 10' side walls on my garage, and my peak is at about 27'. If anybody has gone by my house, my garage is huge, so imagine another 8' on top of that. That's a fairly large garage. But, that's what I needed and I do need something fast because we have people waiting on the back burner for garages, and right now I'm telling them they have to wait for site plan review or wait till we get something going. ATTORNEY CASULLO- Mark, the bottom line is, you've seen the resolution that the Planning Board put together? MARK GUNN- Yes. I'm not in agreement with that at all. I think it's asking for trouble. It's asking for a small hamlet like McLean to allow somebody to put in an extremely large pole barn. What we would end up having is somebody possibly running a small business, engine repair or body shop or something like that and nobody ever really knowing that it's going on. Four years later you might get a call that there's a business going on in there or God forbid, the fire department gets called down and you have a major auto repair shop with a second story. You'd never know what was going on in a structure of that size unless they came and told you. So, that was my concern. COUNCILMAN CAREY- So, what you're saying, Mark, is you'd like to limit the wall height rather than the overall height of the building? MARK GUNN- Correct. I rarely ever get anyone coming in here and asking me for a 10' or a 12' wall height. That's a good sized wall. I don't know what your wall height is (directed at Councilman Scheffler), but that's awful high. Most people come in and put in an 8' wall. I think capping it at 12' on the side wall is sufficient. If they want more than 12', do exactly what brought this whole thing up, which is come in for a site plan review. ATTORNEY CASULLO- So, you're saying a 12' side wall on accessory structures? MARK GUNN- Correct. COUNCILMAN CAREY- I would tend to agree with him because it seems to me that's sufficient for most people in a residential area. If they want something higher, then they can apply for a variance. If they want to go to that trouble and go through the procedure down here to do that, then that would be the way...... COUNCILMAN SCHEFFLER- As long as we have a way that a guy can, because you November 9, 1999 - Town Board Meeting - Pg.5 get boats or a tractor trailer or a camper, you need a higher.... COUNCILMAN CAREY- Yeah, and I think the neighbors should have some say in it. They should have some input into that in a hearing. MARK GUNN- That's what my fear was. Someone could easily take, you know, plan for the future, throw in a 35' tall garage and then without anybody knowing, throw in an apartment upstairs. You'd never know it, and the fire department would get a call and you've got a family living upstairs over top of some guy's garage. We wouldn't have a clue, unless they did it to the letter of the law and came in and got the permit and did everything the way they were supposed to do. That was all I wanted to do, is voice my concern on that. COUNCILMAN CAREY- So, the way the law reads now, it's...ah, what's this an overall limitation on the height of the building or is it the wall? MARK GUNN- Right now it actually reads that the height of the accessory structure can be 12' from finished grade to highest peak of roof and that's.... COUNCILMAN CAREY- Sufficient. MARK GUNN- No, that reads wrong. It needs to be finished grade to top of wall needs to be 12' feet. COUNCILMAN CAREY- Oh, you're saying finished grade to peak. MARK GUNN- That's what it reads right now. COUNCILMAN CAREY- Okay. MARK GUNN- That was 12' finished grade to peak. That was clearly not adequate at all. That was real bad. That's a dog house in today's age. But 12' from finished grade to top of wall is plenty. SUPERVISOR ROBINSON- Because you've got the addition above? MARK GUNN- Yes, the gables or trusses or rafters. You have everything above that going up. Like I said, I have a 10' wall height on mine and I've got a standard 4 - 12 pitch truss and it took the peak of my roof to 27'. And it is huge. There's enough room for me to walk around up in there and store stuff. 35', that's a big garage. SUPERVISOR ROBINSON- Thank you. COUNCILMAN PALMER- Mark, can I ask you one question before you get away? You mentioned last month in your report about property that had been condemned and were in the process trying to bring that to conclusion. MARK GUNN- Yes, the Coit property. Nothing has been done as of yet. We're trying to work something out with the living next of kin who actually wants Pg.6 - Town Board Meeting - November 9, 1999 something to do with the property, but doesn't want to take over the liens that are against the property. I think there could be something to work out there. The biggest concern is that if the fire department gets a call, we don't have any choice but to enter the place to see if somebody is in there because there's no power, no fuel oil going to the furnace. If somehow a fire starts in there, it's got to be set. If it's set, somebody was in there. If somebody was in there, they could still be in there, so we have to enter the structure. People, kids, the old tenant, whoever has broken down my barrier tape and entered it. I was talking to Fran and I'm going to try to get with the Health Department and see if I can't force their hand into boarding the place up for now until we get some type of demolition clearance, or burn it down. COUNCILMAN PALMER- They have a lien on it, right? MARK GUNN- Actually, the Social Services does. ATTORNEY CASULLO- One of the reasons, Don, I'm not to sure why the County isn't taking more of a lead here. They would, it would seem, especially having a lien on the property, why they wouldn't want to take a more active roll here. I talked to Mark about...to be perfectly honest with you, I spoke with Mark about it a few minutes before the meeting. I think that it could become the Town's problem. To be perfectly honest with you, if it does become the Town's problem, that some sort of legal action should be commenced. To do that, with the change here coming on in the next month or so, I'm a little hesitant to want to do that because there would have to be some direction on how you would want to commence the lawsuit. I would be a little uncomfortable having that new composition of the Board get that dealt mid-stream. If it's going to be the Town's, if may be something that maybe we do with the new Board that is going to have to be dealing with it, if we have to take that roll. I am not necessarily sure why the County is not taking a more active roll in this thing, just to let you know. SUPERVISOR ROBINSON- Any other questions? Okay. RICHARD CASE, JR., HIGHWAY SUPERINTENDENT- At the present time the Highway Department continues to finish summer projects and at the same time prepare for winter maintenance. Drainage problems on Elm Street Extension, Spring Street Extension and Sovocool Hill Road have been addressed in the last month. The entire south side of Sovocool Hill Road, from Cobb Street to Town Line Road has been ditched and the brush removed. A permit was obtained from the DEC to remove a beaver dam that was located next to the roadway on Stevens Road. At the September Board Meeting I reported the notification from Tompkins County that Stevens Road bridge had been posted for maximum load rating of 14 tons until a level one load rating study could be completed. Yesterday November 9, 1999 - Town Board Meeting - Pg.7 afternoon, John Lampman, Tompkins County's engineer, informed me that after the preliminary testing, they were looking at a posting of 10 tons. This posting is not final. He assures me of correspondence as soon as results are obtained. This can have an effect on snow removal, school bus travel, and emergency access coming from Route 38. Clark Street, from Route 222 to Old Stage Road, was chip sealed. This was a joint project with the Groton DPW. Expenses, manpower, and equipment were shared. Deicing sand is now being manufactured in the Town's gravel bank, as time, weather, and manpower allow. The Town's shop crew is primarily devoted to preventive maintenance and the mounting of snow removal equipment. COUNCILMAN CAREY- Rick, I see in the Highway folder a rental bill for the machine you're renting. Are you going to have to continue to do that? RICHARD CASE- That was something that they gave us a promotional four days on, and as we got into a project, that was primarily on Sovocool Hill Road, things were going well, and rather than tire out our machinery further, I rented that machine. COUNCILMAN CAREY- So, that ends? RICHARD CASE- It's done. The machine's gone back and we'll wait for further action on that....... SUPERVISOR ROBINSON- I need a resolution to authorize $50.00 petty cash for the Justice Department. COUNCILMAN SOVOCOOL- This was to replace what was taken? SUPERVISOR ROBINSON- Yes, and it hopefully will be replace by insurance. RESOLUTION #40 - AUTHORIZE $50.00 PETTY CASH FOR JUSTICE COURT Moved by Councilman Sovocool, seconded by Councilman Scheffler Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved , that the Town Board does hereby authorize that the Justice Court receive $50.00 to replace petty cash taken during burglary on October 11, Pg.8 - Town Board Meeting - November 9, 1999 1999. SUPERVISOR ROBINSON- We are going to discuss the Ottenschot Junk Yard License Application. Fran, I would rather you read it. ATTORNEY CASULLO- Read a copy of the following resolution, and the Board briefly discussed it. RESOLUTION #41 - FINDINGS AND DETERMINATION OF JUNK YARD LICENSE APPLICATION OF MARTIN OTTENSCHOT Moved by Councilman Sovocool, seconded by Councilman Palmer. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson Complete Resolution and Attachments follow. November 9, 1999 - Town Board Meeting - Pg.9 SUPERVISOR ROBINSON- We will discuss Planning Board's recommendation to amend Code regarding height limit for all buildings and structures. We had some discussion with Mark and his view of it. Anybody else that has any opinions or changes? COUNCILMAN PALMER- I guess the question I would pose to Mark at this point is if there was any dialogue between yourself and the Planning Board before this resolution was accepted. MARK GUNN- No sir. I didn't know anything about that resolution. SUPERVISOR ROBINSON- You're recommending that it be changed, but not in the way they want it? MARK GUNN- Correct. Right. I feel they shouldn't drop the limitation altogether. They want no limits, that it can go all the way up to 35' for an accessory structure and I don't like that idea at all. COUNCILMAN SOVOCOOL- What would you recommend, Mark? MARK GUNN- I think just what we've been doing, the way it's been interpreted. The way George Senter interpreted it, and the way I interpreted it was 12' high side wall. Then they could do anything with the peak. They could put a gambrel roof on it, a gable roof, hip roof, any kind of roof they wanted. With a 12' high side wall and a gambrel roof, a barn roof, on it, it is unlikely that it would take it to 35'. SUPERVISOR ROBINSON- This is just a recommendation, anyway. It's something that you have to consider. MARK GUNN- Just as an idea, I've been here two years in May, and I've had one request for a garage for walls over 8'. And it was this one that brought this whole thing up. 12' sidewalls do people fine. COUNCILMAN CAREY- I would tend to agree with Mark because somebody builds something today, fifteen years from now it could develope into something like Mark was talking about. It could develope into some other type of business. It's a big enough building, someone could be storing tractor trailers there, and hauling in the middle of the night. Neighbors don't need that kind of..... If someone wants to go higher, then they have to apply for a variance and come and hold a hearing, and everybody gets recognized and everybody heard. COUNCILMAN SOVOCOOL- I agree. COUNCILMAN SCHEFFLER- I agree, yes. Pg.10 - Town Board Meeting - November 9, 1999 COUNCILMAN PALMER- I guess the concern that I have is that we appoint a Planning Board to resolve these issues and make recommendations to the Board and I think we have to at least listen to the Board. If there is not consensus in the Planning Board and the Code Enforcement Officer, I guess I would feel that we should table any action on this until they can get together and resolve any differences and come to us with a recommendation to form an action. SUPERVISOR ROBINSON- This is just a discussion. COUNCILMAN PALMER- I realize that. But Mark is asking for action to be taken on it, and I'm saying that we do not do that until the Planning Board and the Code Enforcement Officer get together and talk through the issue and resolve any differences. SUPERVISOR ROBINSON- We can't do that yet anyways. CLERK PIERSON- It's a local law. It takes quite a bit to change it. ATTORNEY CASULLO- What you have to do, once you decide how you want to amend it, you have set up a public hearing. And that becomes another question, Don, if you look at the amendment section of this Code, it says it shall make referral to the County Planning. I think it's section 407. If you read section 407, it would appear that in instances such as this that it doesn't need to be referred. So, you have another inconsistency in this Code. My suggestion to you is to just forward it over to County Planning anyways. If they say they don't want to consider it, they don't consider it. But you have yet another inconsistency in this Code. Your suggestion, I think you're right to a degree. I think what it needs to do before it comes to this Town Board or the future Town Board, is that, I think, if Mark, and I'm not saying that Mark is right or wrong; I think he brings up some valid points, but I think what needs to be done is maybe Mark by letter tell the Planning Board that this is how he feels. Do they meet at a December meeting? Maybe Mark can get it to them before the December meeting or maybe by the November meeting, that maybe they could reconsider by taking Mark's input. Then maybe by the December meeting or the January meeting have it back up to you in a wording that you can live with knowing that you have the support of both Planning and the Code Enforcement Officer. Then refer it over to County Planning and see what they said and set up your public hearing. You have to do it by Local Law and amend this Code once again. That should be the way to do it. You can't make a decision now. The best you could do is come up with some language of how you would like to amend this Code. To be honest with you, you would be looking at amending this Code, and I am just thinking out loud, but I think about five times, because it's in each district. You would be amending five different times, five different sections of this Code, for each district, Rural Agriculture, Industrial, Medium Intensity 1 and 2. Five different amendments to five different sections. You tend to be right, I agree with you that you maybe want to have some consensus between the Code Enforcement Officer and the Planning Board before you make such a substantial, once again, revision to this Code. You might want to resolve to ask Mark, either in person or in writing, to November 9, 1999 - Town Board Meeting - Pg.11 share his concerns with the resolution passed by the Planning Board relative to the height issue. Then ask that after the Planning Board has heard Mark's concerns that maybe they would have a reconsideration of the issue and then get back to the Town Board. SUPERVISOR ROBINSON- We can do that. That doesn't have to be a resolution does it. No, it is just a discussion. COLLEEN D. PIERSON, TOWN CLERK/TAX COLLECTOR- Presented her monthly Town Clerk's Report for the Board's review. ARLAND HEFFRON & ALTON ALEXANDER, TOWN JUSTICES- Presented their monthly report for the Board's review. CLERK PIERSON- I have a letter from a Planning Board Member: "To Whom It May Concern: I am resigning from the Town of Groton Planning Board as of October 25, 1999. I have appreciated the opportunity of serving the Town of Groton throughout the years. Sincerely, Cecil Twigg. That makes us two short on the Planning Board right now. I believe Sheldon (Clark) will be going out at the end of the year. So, we'll have three positions to fill after the first of the year. I was just thinking, I don't know whether this Board or the new Board coming in would like to have me run an ad in the paper for those people who are interested, because it seems like it's pretty difficult to get people to serve on the Boards. I will do that if you so desire. We're one short on the ZBA also. COUNCILMAN SOVOCOOL- I think it would be a good idea, see if you could get some interest. SUPERVISOR ROBINSON- The future Supervisor has said yes too. CLERK PIERSON- The next item we need to do is that we need to authorize our Supervisor to sign our Gadabout contract for 1999. RESOLUTION #42 - 1999 GADABOUT CONTRACT Moved by Councilman Sovocool, seconded by Councilman Carey. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Pg.12 - Town Board Meeting - November 9, 1999 WHEREAS , the Town of Groton is desirous of entering into a Contract with Gadabout to assist them to partially cover Gadabout's operation expenses. NOW, THEREFORE , in consideration of the promises, covenants and agreements contained herein, the parties hereto agree as follows: 1. The Town shall pay to Gadabout, pursuant to this contract, the sum of $4000.00 to cover the calendar year of 1999. Payment of said sum shall be made by Town supervisor. Prior to payment, Gadabout shall submit to the Town Board a Statement detailing for what purposes and to whom it is proposed monies are to be paid. 2. Gadabout will review their program with the Town Board at the request of the Town Supervisor. 3. Said monies shall be used to partially cover Gadabout's operation expenses: salary of one staff member, bus maintenance, and gasoline, offices supplies, etc. CLERK PIERSON- Another thing we have to do, well we don't have to tonight, but we should, is take action to adopt the 2000 Budget. SUPERVISOR ROBINSON- Can I have a motion to adopt the Budget. COUNCILMAN PALMER- Let me ask one question before we do that. In our minutes from our planning for the Budget there were notes that we were going to take some action to investigate health insurance options. Was that done? SUPERVISOR ROBINSON- Well, to some degree it was. It's not fulfilled yet. COUNCILMAN PALMER- The process is going on? SUPERVISOR ROBINSON- Well, we have done.....we have some of it. I won't say that we've got it. It isn't completed. COUNCILMAN SOVOCOOL- You're still working on it? SUPERVISOR ROBINSON- Oh, yeah. COUNCILMAN PALMER- The contract runs out when? SUPERVISOR ROBINSON- February, no I think they changed back to January. CLERK PIERSON- Who's working on it? SUPERVISOR ROBINSON- Well, we've been talking to some of the people, but.... CLERK PIERSON- You and Liz? November 9, 1999 - Town Board Meeting - Pg.13 SUPERVISOR ROBINSON- Yes. RESOLUTION #43 - APPROVAL OF 2000 TOWN BUDGET Moved by Councilman Carey, seconded by Councilman Scheffler. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved , that the Town Board does hereby approve the Town of Groton Budget for the fiscal year 2000 as presented. (Entire budget will be printed in Minute Book.) CORRESPONDENCE: M&T Bank Report Note from Lyle Raymond that he had attended "Sustainable Watersheds Conference" and New York Planning Federation 1999 Annual Institute", both of which qualify for ZBA training. Monthly SPCA Reports. Letter from Bernie Thoma regarding Diversified Technologies. Notice from Tompkins County Municipal Officials Association saying that there would be no meeting until 2000, and that nominations for offices were requested from the Towns. SUPERVISOR ROBINSON- We have that request for the EMC, and if anyone feels so inclined, we'd gladly accept somebody. COUNCILMAN SCHEFFLER- We have to make the appointment by December 8th or we loose our vote? We need to appoint somebody right along. COUNCILMAN CAREY- Does the Village have a representative on that Board? Pg.14 - Town Board Meeting - November 9, 1999 GLENN MOREY- Yes, Tony Z. CLERK PIERSON- I spoke with Tony Z. about that. He said that he would be happy to represent the Town also, as long as he's going down, get the information and bring it back, if we wanted him to do that. COUNCILMAN SCHEFFLER- If it's something with voting privileges, you wouldn't be able to vote twice. They make recommendations, as I understand it, to the Board of Reps. SUPERVISOR ROBINSON- Well, that's an alternative, if we don't have somebody that would like to be on that. COUNCILMAN SCHEFFLER- I think we need someone from the Village and the Town. Some discussion was held. DUANE RANDALL: I would be interested. RESOLUTION #44 - APPOINT DUANE T. RANDALL II TO ENVIRONMENTAL MANAGEMENT COUNCIL Moved by Councilman Sovocool, seconded by Councilman Palmer. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved , that the Town Board does hereby appoint Duane T. Randall II as representative for the Town of Groton to Tompkins County Environmental Management Council for a term of two years from January 1, 2000 to December 31, 2001. COUNCILMAN PALMER- As I was going through the correspondence, I was a little confused at Bernie Thoma's letter on Diversified. The impression I got from that letter is that they have not made any payments at all in 1999. SUPERVISOR ROBINSON- Oh, yes. Yes, yes, yes. COUNCILMAN PALMER- That's what his letter said. COUNCILMAN SOVOCOOL- The letter said he didn't from January to September, didn't it? COUNCILMAN SCHEFFLER- It said that he hadn't gotten the notice that they had paid. November 9, 1999 - Town Board Meeting - Pg.15 COUNCILMAN PALMER- Part of this letter says, "I have no record of receiving any payment from January of 1999 through September of 1999." SUPERVISOR ROBINSON- That's not true, because I have gone to the bank and checked because that's what you asked me to do. ATTORNEY CASULLO- I think what might have happened is that you hired them two months ago. I think earlier this year, the way you were checking to see if they had paid, you had someone tell you at the bank if they were paying every month, and you never bothered to get a written confirmation. With Bernie being in Cortland, we'd be getting written confirmation. Teresa was just getting verbal confirmation for them paying. To be honest with you, I am under the assumption that they have been paying. COUNCILMAN PALMER- Well, I think we need to make sure. Bernie has to make sure too, because he's under contract to us. ATTORNEY CASULLO- I'm not disagreeing with that. I........ SUPERVISOR ROBINSON- ...I had been trying to stop..... and they had been paying right along. COUNCILMAN PALMER- That's what we need to make sure of. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:35 P.M. Unanimous. Colleen D. Pierson Town Clerk