HomeMy WebLinkAbout04-08-2003
TOWN OF GROTON MINUTES OF TOWN BOARD MEETING
TUESDAY, APRIL 8, 2003, AT 7:30 PM
Those present: Glenn E. Morey, Supervisor
Ellard L. Sovocool, Councilman
Donald F. Scheffler, Councilman
Victoria Monty, Town Attorney
Absent: Sheldon C. Clark, Councilman
Duane T. Randall II, Councilman
Also present: Frank Satterly, Monica Carey, April Scheffler, Richard Case, George
Senter, Liz Brennan,
MOVED
by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes
of the March 11, 2003 meeting as presented.
Ayes - Sovocool, Scheffler, Morey.
MOVED
by Councilman Scheffler, seconded by Councilman Sovocool, to approve the minutes
of the March 11, 2003 Public Hearing on Local Law #1 – Town of Groton Dog Control Law as
presented.
Ayes - Sovocool, Scheffler, Morey.
MOVED
by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes
of the March 11, 2003 Public Hearing on Local Law #2 – Senior Tax Exemptions as presented.
Ayes - Sovocool, Scheffler, Morey.
General Fund
Claim Numbers 79-111 of the in the amount of $55,342.38 were presented for
audit.
MOVED
by Councilman Scheffler, seconded by Councilman Sovocool, to approve the General
Bills for payment.
Ayes - Sovocool, Scheffler, Morey.
Highway Fund
Claim Numbers 47-69 of the in the amount of $10,242.01 were presented for
audit.
MOVED
by Councilman Sovocool, seconded by Councilman Scheffler, to approve the Highway
Bills for payment.
Ayes - Sovocool, Scheffler, Morey.
Town Board Meeting Page 2 April 8, 2003
Special Grant (HUD) Fund
Claim Numbers 279-281 of the in the amount of $6,327.43 were
presented for audit.
MOVED
by Councilman Sovocool, seconded by Councilman Scheffler, to approve the HUD
bills for payment.
Ayes - Sovocool, Scheffler, Morey.
Supervisor Morey offered privilege of the floor. No one responded.
Monthly Reports:
Elizabeth Brennan, Bookkeeper/Deputy Highway Superintendent
– presented her monthly
report for the Board’s review and had budget transfers to make.
RESOLUTION #35 – TRANSFER OF FUNDS
MOVED
by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Morey
RESOLVED,
that the Town Board does hereby authorize the following transfer of funds in the
2003 Budget:
General Fund – Town Wide:
From: Contingency A1990.4……………………..$778.48
To: Insurance A1910.4………………………… 769.06
Control of Dogs, Exp. A3510.42……………. 9.42
Liz Brennan
– I’ve been in touch with Rick Beals, I don’t know if you have approval on that.
Supervisor Morey
– Yes, I do, it’s number eight.
Liz Brennan
– Then he’ll give me a date on when he’s going to start.
Supervisor Morey
– He will be starting early this year?
Liz Brennan
– Yes, at least by July, I think, but we’ll try to do it before that.
George R. Senter, Sr., Code/Fire Enforcement Officer
– Building permits issued in March
were four, one house and other things. The house was Jeff Cargian’s. He’s building a place
where Richard Brown used to live. He tore that down and is building a new place up there. We
sent one Letter of Completion out. With Life Safety Inspections, there are two left to be
completed for March and they’re scheduled for tomorrow. I’ve started on April already.
Town Board Meeting Page 3 April 8, 2003
We wanted to discuss the Tompkins County letter about subdivisions. We were a little disturbed
about that when I got it. I thought Jim or Fran would be here.
Attorney Monty
– It’s my understanding that Jay Franklin is going to send a clarification letter
regarding this and you should be receiving that.
George Senter
– Everybody got a copy of the first letter. He pretty much told us they were
going to do whatever they want to do down there and that is a violation of Town, City and State
Law. It’s really disturbing.
Attorney Monty
– It’s my understanding that the Department of Assessment received a number
of complaints from various towns, including the Town of Groton, and that they’re going to
require the Town’s Planning Board approval before the map will be filed. That’s what the letter
is stating that we’re waiting on now.
George Senter
– That’s what the State Law is, Town Law. So, he’s just saying he’s going to
follow the existing laws instead of trying to go around them?
Attorney Monty
– Right.
George Senter
– He said in the letter that he realized this might create nonconforming lots but
we can control that here. I said that’s fine, I’ll never issue another building permit for any
subdivision not approved, an illegal subdivision. Hopefully, he got enough static that he’s going
to do something about it.
Attorney Monty
– Right. In the letter he’s going to rescind that.
Supervisor Morey
– So, we will hear from Fran when he gets the letter?
Attorney Monty
– Yes. At the least, Jay Franklin said he would send it to the towns involved.
Supervisor Morey
– Why would they do a ridiculous thing like this?
Attorney Monty
– It was my understanding that they were putting a lot of onus on the County.
The County is not supposed to file a map unless it’s been approved by the Town, so they were
stating that the Department of Assessment was not going to change the subdivision maps unless
it had been filed with the County. They were really sort of passing the buck, so to speak, in that
if the County has approved it then it’s their job to make sure that it has all the necessary
approvals from the Town.
George Senter
– And they were just going to go right around that.
Supervisor Morey
– So this is on hold, they haven’t enacted it yet?
George Senter
– Well, on some boundary line changes, we’re still working on that too.
Hopefully this will fall into the same category.
Attorney Monty
– I spoke with Jay Franklin myself regarding this and he indicated that if there
were any changes to the maps that you don’t approve of, contact them and they will take that
change off of the maps.
Town Board Meeting Page 4 April 8, 2003
Clerk Scheffler
– That’s pretty hard to do when you get the map a year later.
Attorney Monty
– I know. I’m hoping that they haven’t made any incorrect changes.
George Senter
– We had quite an affair up here off North Parkway, if you recall, and that was
an illegal subdivision that had never been filed with the County. So, Veng called me, from
Assessment, and said, George, I do have a subdivision map down here on this property. I said,
well, tell me something, has it been signed by the Planning Board Chairman? There was a long
silence at the end of the line. Then he said no. And I said, well, then you don’t have a
subdivision. It wasn’t too long after that this thing came up. I don’t know if it was just a
coincidence or what. But anyway, we have something going to get it straightened up.
Supervisor Morey
– So, where we stand right now is that all subdivision has to come through
the Planning Board.
George Senter
– Absolutely, it’s in our town laws.
Supervisor Morey
– And we will wait for the response that Fran is going to get from Tompkins
County. Monica, did you have anything?
Monica Carey, Planning Board Chair
– I was just here to find out whether Fran had written a
letter or not to the County because that would make it difficult for my board. You know, like
George said, we could be getting building permits for undersized lots and how do we handle
that? We would have some very upset citizens in the meantime.
George Senter
- That’s right, but it looks like it’s going to get back on track.
Richard C. Case, Jr., Highway Superintendent
– At the present time the Highway Department
is busy making repairs predominantly to snow fighting equipment. Normally we’re making
token efforts to prepare for the changeover of equipment to spring and summer operations, but
obviously that’s not been taking place as fast as I’d like to. When the weather allows, trees and
brush are being cut. Potholes and sign damage have been address but there’s still plenty to do.
We’ve had the grader out and honed some of the damaged shoulders and gravel roads.
I’ve got three things that need action from the Board. One is to allow me to attend the New
York State Association of Towns Highway Superintendent School and a resolution to co-sponsor
the spring trash day with the Village. We don’t have a solid date yet but I will get with Jim and
with your approval we will do that again. And May is usually the month that the Board makes
the highway tour if anyone is interested in setting a date. I’m open to that whenever you want to.
RESOLUTION #36 – HIGHWAY SUPERINTENDENTS SCHOOL
MOVED
by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Morey
RESOLVED,
that the Town Board does hereby authorize payment of expenses for Richard
Case, Highway Superintendent, to attend the New York State Association of Towns Highway
Superintendent School at Cornell University, June 2-4, for the cost of $80.00.
Town Board Meeting Page 5 April 8, 2003
RESOULUTION #37 – AUTHORIZE SPRING TRASH DAY
MOVED
by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Morey
RESOLVED,
that the Town Board does hereby authorize the Highway Superintendent, Rick
Case, to make the necessary arrangements with the Village of Groton to plan the Annual Spring
Trash Day for an as yet undetermined date in May.
Supervisor Morey said he would check with all the Board Members and set up a date for the road
tour.
April L. Scheffler, Town Clerk/Tax Collector
– Submitted her Town Clerk and Tax Collector
monthly reports for the Board’s review and indicated that they were a different format because
the Town Clerk program had been recently updated to the Windows version.
SPCA, I don’t know what to say except I’ve had it, and a lot of people have. I asked at the
Clerk’s luncheon I went to and Tee Ann Hunter, from Town of Ithaca, just about went into orbit
and said that she was ready to strangle all of them. The Town of Newfield has been having
problems and they have sat down and renegotiated a lot of stuff. I don’t know. I don’t know
how to get them to do the job. We took over part of the work for them and the agreement was
that we were freeing them up to do more in the field for us and they’re just not doing it. When
we call down there they are rude. They are rude to the people. I know we don’t have any
alternatives, but I don’t know……
Supervisor Morey
– Well, maybe a letter should go to the chairman of the board down there.
Can you give me some things that are specific to our problems? And I will address a letter to the
chairman.
Clerk Scheffler
– One thing about Newfield, the Town Clerk down there said that one of her
biggest problems was the front desk. They have gone through what their law is and what the
SPCA can do for the person who calls and that is supposed to be on the desk when somebody
calls from Newfield. I asked her to send this information to me when they have it all finalized. I
don’t know if that’s something we ought to look at, you know, do we need to sit down and look
at the contract? I would like to have Fran or somebody look at it and get an opinion of what we
could demand they provide for us under our contract, or maybe we need to make it more
specific. Maybe we need to have it more specific rather than the generic contract that everybody
gets.
Councilman Sovocool
– I think you need to talk to somebody besides the main desk down there
because the information is probably not going any farther.
Clerk Scheffler
– Oh, I do. I don’t bother with the people on the desk. I call Nathan and
usually don’t get a call back. If I call the girls that are out doing patrols, and finally get them,
well, the last time it was a good thing she wasn’t in my office.
Attorney Monty
– So, it’s my understanding that they not responding to your calls?
Town Board Meeting Page 6 April 8, 2003
Clark Scheffler
– They’re not responding. For example, a week or so ago a 76-year old woman
with two Rottwellers constantly in her yard and she’s afraid to go to the mailbox. They have
been up there once and did a talk to owner but they won’t come back. They told her she can
catch the dogs so someone can pick them up or she can go down to the SPCA and fill out a
complaint, but they’re not going out there again. I called and talked to the girl and said you need
to go out there again. This woman is afraid to go to her mailbox. I said you can’t expect this 76-
year old woman to catch these two Rottwellers and her response was, well, I can’t be running up
and down the streets of Groton either. I’m thinking, well, that is your job. She said maybe if she
got time she might drive down that road and see if there were dogs running around.
There was some other discussion on the subject. It was agreed that the Clerk would provide the
attorneys with a copy of the contract for their review. Clerk Scheffler also said she would talk to
other town clerks when she attended the clerks convention and keep looking for other options.
Supervisor Morey asked how DECALS was going and Clerk Scheffler said that everything was
fine.
Clerk Scheffler
– I have a request from the Board of Elections that we have four of our
machines serviced because they haven’t been done in three years. And I have a letter from the
Voting Machine Service Center explaining the Federal Help America Vote Act of 2002. A lot of
people thought this would require that we replace the machines with electronic ones but that is
not what it requires. But they are requesting that they become handicap accessible. I had put
that in my budget request but I don’t know if that’s what you cut out. You cut my budget request
by $2,000, so I don’t know what you want to do about service.
Councilman Sovocool
– Well, I think the machines need servicing. Has it been that long?
Clerk Scheffler
– It’s been three years. It was May of 2000 when it was done. The problem is
that last year’s Primary and General Election cost us a little over $3,900 just for the inspectors,
custodians and hall rentals. That was without any repairs or any of my costs. We have $4,160
budgeted. If we don’t have a Primary, we have money, but if we have a Primary we have barely
enough to cover.
Councilman Sovocool
– What did it cost us to have them done last time?
Clerk Scheffler
– We had six of them done and it cost $1,468. It’s $98 for the service call for
each machine and then there’s parts and labor. Two of them were done last year because they
had to be repaired. So, we have four to do,
Councilman Sovocool
– So, that $400 plus parts?
Clerk Scheffler
– At the $1,460 it averaged $245 per machine so I would guess that it would
cost you at least $200 per machine.
There was some more discussion on the subject. The Board assured Clerk Scheffler that the
money would be made available for service on the machines.
Town Board Meeting Page 7 April 8, 2003
Victoria Monty, Acting Town Attorney
– Had been in contact with Peter Grossman, attorney
for the Village of Groton, and a letter was being drafted to Heather Blinn from the Cooperative
Extension concerning changes to the Groton Youth Program contract discussed in March.
Alton Alexander & John Norman, Town Justices
– Submitted their monthly report for the
Board’s review.
Councilman Donald Scheffler, as Recreation Coordinator
– We’re pretty much wrapped up
on summer programs at the park. We’re still in the process of getting life guards certified. The
concert series is locked up for the summer on Wednesday nights. I think there was one contract
left she had to get signed and that will be a done deal. The Village did disband the Park
Commission and pretty much automatically passed all the responsibilities over to our committee.
Everybody tells me that the Park Commission did absolutely nothing, so, I don’t know what that
means, if we have any more work to do or not. Time will tell what’s going to happen. Other
than that things are going good. Marsha is doing a wonderful job.
Supervisor Morey
– Good. She stopped by the Youth Commission meeting the other night too,
to talk about the summer programs. She’s going to try to coordinate between the Youth
Commission and the Park.
Councilman Scheffler
– She did have some problems there that they’re trying to iron out. It’s
mostly Youth Commission stuff that they had questions about.
Supervisor Morey
– Any questions for Don? If not, we have a correction that we just want to
make public that the local law for partial exemption from taxation to persons sixty-five years of
age or older pursuant to the provisions of Section 467 of the Real Property Tax Law, we had a
th
clerical error in annual income ranges in number ten, the 10 range. It was “28,100.” We’d like
to change that to “28,000 or more but less than 28,900.” The exemption percentage will be 5%.
Any questions? And that will be sent on. Just a correction, this tax exemption will take effect in
2004. Fran did talk to the County Assessment Office, so everything is all set for 2004.
RESOLUTION #38 – RETAIN AUDITORS
MOVED
by Councilman Sovocool, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Morey
RESOLVED,
that the Town Board does hereby authorize the Supervisor, Glenn E. Morey, to
retain the services of Kirby, Beals, Maier, Certified Public Accountants to audit the general
purpose financial statements of the Town of Groton for the year ended December 31, 2002 for a
fee of $4,600.
Town Board Meeting Page 8 April 8, 2003
RESOLUTION #39 – SUPPORTING THE TOMPKINS COUNTY
MULTI-JURISDICTINAL PRE-DISASTER MITIGATION GRANT APPLICATION
MOVED
by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Morey
WHEREAS,
the Federal Disaster Mitigation Act of 2000 encourages and rewards local
governments that initiate pre-disaster planning to identify and mitigate, where
practicable, natural, technological, and human-caused hazards within their communities,
and to promote the development of more disaster resistant communities, and
WHEREAS,
residents of the Town of Groton are vulnerable to potential hazards, including: 1)
natural hazards, such as flooding, severe weather (including summer storms, windstorms,
tornadoes, snowstorms, and ice storms), fire, drought, and other natural hazards, 2)
technological hazards, such as transportation accidents and hazardous material spills, and
3) human-caused hazards, such as civil unrest, riots, and acts of terrorism, and
WHEREAS,
a hazard mitigation plan that addresses these potential disasters will help improve
the ability the Town of Groton to minimize the loss of life and property and disruption to
the economic well-being of the community due to a disaster, and to lay the foundation for
a speedier recovery should a disaster strike, and
WHEREAS,
by November, 2004, participation in the development and adoption of an All-
Hazard Mitigation Plan will be required to receive State and Federal funding for certain
capital improvements and other hazard mitigation initiatives, and
WHEREAS,
the New York State Emergency Management Office is administering a competitive
Pre-Disaster Mitigation grant program that reimburses successful applicants 75% of the
cost of preparing an All-Hazard Mitigation Plan, and
WHEREAS,
representatives of the Town of Groton have participated in discussions with
interested municipalities regarding preparing a grant application and All-Hazard
Mitigation Plan with multiple jurisdictions in Tompkins County, and
WHEREAS,
the Tompkins County Planning Department has agreed to facilitate the completion
of a Pre-Disaster Mitigation grant application and to oversee and administer the
preparation of a Multi-Jurisdictional All-Hazard Mitigation Plan for Tompkins County,
and
WHEREAS,
a cost allocation structure to pay for the 25% local contribution required by grant
recipients to prepare the All-Hazard Mitigation Plan has been discussed by the
participating municipalities, now therefore be it
RESOLVED,
that the Town of Groton hereby supports the preparation of a grant application to
develop a Multi-Jurisdictional All-Hazard Mitigation Plan and authorizes the Tompkins
County Planning Department to coordinate the development of a Pre-Disaster Mitigation
grant application for Tompkins County, and be it further
Town Board Meeting Page 9 April 8, 2003
RESOLVED,
that in the event that the grant application is funded, the Town of Groton agrees to
actively participate in the development of a Multi-Jurisdictional All-Hazard Mitigation
Plan, and be it further
RESOLVED,
that in the event that the grant application is funded, the Town of Groton agrees to
contribute matching funds or in-kind services for the preparation of a Multi-Jurisdictional
All-Hazard Mitigation Plan.
RESOLUTION #40 – TOMPKINS COUMMUNITIES HAZARD
MITIGATION PLAN
MOVED
by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Morey
WHEREAS,
the Federal Disaster Mitigation Act of 2000 encourages and rewards local
governments that initiate pre-disaster planning to identify and mitigate, where
practicable, natural, technological, and human-caused hazards within their communities,
and to promote the development of more disaster resistant communities, and
WHEREAS,
pre-disaster mitigation initiatives elsewhere in the United States have improved the
ability of local governments to minimize the loss of life and property and disruption to
the economic well-being of the community due to a disaster, and to lay the foundation for
a speedier recovery should a disaster strike, and
WHEREAS,
residents of the Town of Groton are vulnerable to potential hazards, including: 1)
natural hazards, such as flooding, severe weather (including summer storms, windstorms,
tornadoes, snowstorms, and ice storms), fire, drought and other natural hazards, 2)
technological hazards, such as transportation accidents and hazardous material spills, and
3) human-caused hazards, such as civil unrest, riots, and acts of terrorism, and
WHEREAS,
the Town of Groton has expressed interest in preparing a Hazard Mitigation Plan
which would include the area incorporated by the Town, and
WHEREAS,
after the Town of Groton completes and adopts the Hazard Mitigation Plan,
adoption of said Plan by the Town Board would make the Town eligible for State and
Federal funding for certain capital improvements and other initiatives to implement the
adopted plan, now therefore be it
RESOLVED,
that the Town of Groton is hereby authorized to complete a Hazard Mitigation
Plan that includes the area incorporated by the Town.
Supervisor Morey
– We also had a Comprehensive Plan meeting the other night and we had a
joint meeting with the Village Planning Board. Everybody is stumbling and trying to figure out
how to do the Comprehensive Plan. Well, George Frantz is a consultant for the Village and he is
Town Board Meeting Page 10 April 8, 2003
a specialist in planning, comprehensive plans and things like that. He gave an estimate for a
consultant for $13,700. Our half would be $6,850 to do that. It could be taken out of the budget
but it would have to be switched around. I’m not sure what the timeframe is going to be but I
would like to make a resolution that we hire, with the backing of the Comprehensive Plan
Committee, that we hire a consultant to help us along with the Comprehensive Plan. It’d be
$6,850.
RESOLUTION #41 – HIRE STEVE FRANTZ AS CONSULTANT FOR
COMPREHENSIVE PLAN
MOVED
by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Morey
WHEREAS,
the Town Board of the Town of Groton wishes to have an updated Comprehensive
Plan for the Town of Groton, be it
RESOLVED,
that the Town Board does hereby authorize the hiring of Steve Frantz as
consultant to the Comprehensive Plan Committee of the Town of Groton for the fee of
$6,850.00.
RESOLUTION #42 – MEMBERS OF LOCAL ADVISORY BOARD
OF ASSESSMENT REVIEW
MOVED
by Councilman Scheffler, seconded by Supervisor Morey
Ayes - Sovocool, Scheffler, Morey
RESOLVED,
that the Town Board does hereby appoint the following people to the Local
Advisory Board of Assessment Review: Jack Miller, Russ DeMond, Fran Sovocool, Dennis
Butts and Tom Guihan.
RESOLUTION #43 – SET DATE FOR ADVISORY BOARD OF
ASSESSMENT REVIEW HEARING
MOVED
by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Morey
RESOLVED,
that the Town Board does hereby set the date for the Local Advisory Board of
Assessment Review Hearing for Monday, May 19, 2003 from 3PM to 6PM at the Town Hall,
101 Conger Boulevard.
Town Board Meeting Page 11 April 8, 2003
Announcements:
th
Planning Board – April 17
Municipal Officials Dinner – April 22, 6PM at the Lehigh Valley House
Supervisor Morey will be away May 4 – May 11
GBA Spring Banquet – Saturday, April 26, 6PM at the McLean Fire Department
Groton Downtown Merchants sponsoring Peter Cottontail Day – Saturday, April 19,
10AM-1PM
There being no further business, Councilman Sovocool moved to adjourn, seconded by
Councilman Scheffler at 8:14PM. Unanimous.
April L. Scheffler
Town Clerk