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HomeMy WebLinkAbout11-09-2004 - Copy TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING TUESDAY, NOVEMBER 9, 2004 AT 7:30 PM THE TOWN HALL, 101 CONGER BOULEVARD Those present: Glenn E. Morey, Supervisor Ellard L. Sovocool, Councilman Donald F. Scheffler, Councilman Richard B. Gamel, Councilman Victoria Monty, Attorney for the Town Absent: Sheldon C. Clark, Councilman Also present: Richard Case, Gary Coats, Liz Brennan, A. D. Dawson, Tena McClary, Gerald Cornell, April Scheffler MOVED by Councilman Gamel, seconded by Councilman Sovocool, to approve the minutes of the October 12, 2004 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Morey. MOVED by Councilman Scheffler, seconded by Councilman Gamel , to approve the minutes of the October 26, 2004 Public Hearing as presented. Ayes - Sovocool, Scheffler, Gamel, Morey General Fund Claim Numbers 299-357 of the in the amount of $15,186.01 were presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Morey. Highway Fund Claim Numbers 203-224 of the in the amount of $22,702.60 were presented for audit. MOVED by Councilman Gamel, seconded by Councilman Sovocool, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Morey. Supervisor Morey offered Privilege of the Floor. Town Board Meeting Page 2 November 9, 2004 Gerald Cornell, 310 McLean-Cortland Road – Was present to ask the Town to make a request that the speed limit be lowered to 45 miles per hour on the McLean-Cortland Road, from the Cortland County line to the 35 mph speed limit in McLean. He had had a meeting with George Dussett from the state DOT in Syracuse who had told him that the State would do a study if the request was made. Mr. Cornell said that the Town of Cortlandville has been attempting, since 1971, to get the speed limit lowered in their section of that road from Deerfield Heights to the County Line. This would make the entire road 45 mph, from Route 281 in Cortlandville to McLean in Groton. Mr. Cornell described many dangers and accidents connected with the speed that people travel in that area. Mr. Cornell had a petition that was signed by many residents of the area in 1995 when a request had been made without any results. Richard Case, Highway Superintendent said that this road is the second highest traveled road in Tompkins County, second only to Route 13. It is used as a traffic corridor between Route 81 and Route 17 plus a great deal of local traffic. He has talked to school bus drivers who have many concerns about the traffic speed and have tried to plan their routes so that children do not have to walk across the road to board the buses because of the dangers. It was his opinion that the planned resurfacing of the road and bridge repair would also encourage people to drive even faster. He felt that a lowered speed limit would be justified. Justice Dawson said that the reason traffic was so high was that several years ago when Route 13 was closed for construction the truckers and others found that this was a good road to take because of the speed limits through Dryden and it got them out of a lot of traffic on Route 13. He said that when he was in the Sheriff’s Department they called it the “Kill Zone” not only because of the fatal accidents but also because this was the area they could go to and write all the tickets they wanted to in about half an hour. He suggested that a letter to the State Police and the Sheriff’s Department asking for more patrols would be a good thing. There was more discussion on the subject. The Board thought that they should ask the State to do another study and also to request more patrols in the area. RESOLUTION #101 – REQUEST LOWER SPEED LIMIT ON MCLEAN-CORTLAND ROAD MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Morey WHEREAS, residents have expressed concern for the dangers of excess speed on the McLean- Cortland Road and WHEREAS, the Town Board of the Town of Groton, agrees that a lower speed limit in this area would be appropriate NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Groton does hereby request that the County of Tompkins and of the State of New York move to create a 45mph speed limit on the McLean-Cortland Road (County Route 105), in the Town of Groton, Tompkins County, from the Cortland/Tompkins County Line to the 35mph speed limit in the Hamlet of McLean. Town Board Meeting Page 3 November 9, 2004 Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk – Submitted monthly reports and requested budget transfers. RESOLUTION #102 – 2004 BUDGET TRANSFERS – GENERAL FUND TOWN WIDE MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED , that the Town Board does hereby approve the following 2004 Budget transfers: General Fund – Town Wide: From: Contingency A1990.4……………………… $2,504.04 To: Insurance A1910.4………………………….. 2,491.00 Historian, Contractual A7510.4……………. 13.04 RESOLUTION #103 – 2004 BUDGET TRANSFERS – GENERAL FUND PART TOWN MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED, that the Town Board does hereby approve the following 2004 Budget transfers: General Fund – Part Town From: Contingency B1990.4……………………… $25.00 To: Association Dues B1920.4………………… 25.00 RESOLUTION #104 – 2004 BUDGET TRANSFERS – HIGHWAY FUND TOWN WIDE MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED, that the Town Board does hereby approve the following 2004 Budget transfers: Highway Fund – Town Wide From: Retirement DA9010.8……………………… $ 2,492.72 To: Bridges, Personal Service DA5120.1…….. 363.17 Health Insurance Da9060.8…………………. 2,129.55 Town Board Meeting Page 4 November 9, 2004 RESOLUTION #105 – 2004 BUDGET TRANSFERS – HIGHWAY FUND PART TOWN MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED, that the Town Board does hereby approve the following 2004 Budget transfers: Highway Fund – Part Town From: Retirement DB9010.8……………………… $729.55 To: Health Insurance DB9060.8……………….. 729.55 Gary Coats, Code/Fire Enforcement Officer – For October there were 11 Building Permits for $215,000. We issued 8 Certificates of Compliance or Occupancy. We had 7 Orders to Remedy, all obeyed. There were no Life Safety Inspections due. I did write you a letter regarding property on Smith Road. If you get a chance and want to talk about it, I have pictures in my office. At that conference I went to, one important day they talked about fuel cells and how they’re going to replace everything else and if it wasn’t for Detroit they’d be in place now. There’s a police station now in Central Park that is completely run by a fuel cell. That’s simply run on water, the new technology. They said “whoever gets in on the ground floor of this is going to make Bill Gates look like a pauper.” I was thinking being so close to Cornell, adequate water supplies, what new spin-off industries might be interested in moving this way. Supervisor Morey – How’s Smith Road coming? Gary Coats – I haven’t done a thing on it other than mail you guys the list and mail a copy to Vicki. We’re just going to wait and see what direction you guys want to go. I simply can’t go out there and post a notice. Our laws don’t allow that. Whatever I’m directed to do, I’ll do it. Supervisor Morey – Vicki, what is our liability in situations like that? Attorney Monty – I do have this letter but I haven’t looked at it because I thought it was part of the other file. But I will look through this and…… Supervisor Morey – Okay, that’s fine, you can e-mail everybody. Gary Coats – You mean liability, like if the building falls down now and hurts somebody? Supervisor Morey – Yeah, or if somebody dies in a fire in a house that doesn’t have a CO in it and we know that they’re living there. More discussion took place with several people talking at once. Supervisor Morey – Can you live in a house without a CO? Gary Coats – Not legally. Code law is very clear. Supervisor Morey - What happens in April, is it going to be stricter? Town Board Meeting Page 5 November 9, 2004 Gary Coats – I don’t know where that was coming from. The only thing happening in April that I know of as far as the code goes is a building permit runs out. Supervisor Morey – Oh, no, I thought, when does the new codes take over? Gary Coats – They took over January 1, 2003 and New York State is not going to do a new code again; I can promise you that. Supervisor Morey – I got misinformation then. Any questions for Gary? Richard C. Case, Jr., Highway Superintendent – At the present time the Highway Department is trying to finish summer maintenance projects as well as prepare for winter maintenance. The shop has been busy fabricating and assembling the new trucks with snowplow equipment. I can appreciate people not understanding what an undertaking this has been. These guys have done a very neat and professional job. A great deal of thought goes into the multi-task applications that these vehicles will be used for. You can’t get that kind of results from a manufactured assembly line vehicle. De-icing salt and sand are being transported, mixed and stored. Next week we will dedicate the shop to snow equipment changeover. At present, there are 4 small snowplow trucks that can be used for any quick responses that might be needed. A crew has worked at the gravel pit in a continued effort to get closure from the DEC. Rick Satterly, Jeff Brockway and Stan Woolever sealed the roof over the entire highway building. This 2-day project has resulted in a non-leaking roof thus far. The boiler has received repairs and is now functioning. Tompkins County Highway Department continues working on Stevens Road Bridge. It will not be open for winter use. The tentative opening is for May 15, 2005. We have prepared for turning around from both ends for the school bus, mailman and our snowplow trucks. At this time I would like to request a 50-cent per hour increase in Jeffrey Brockway’s wages. Since his employment with the Town, in November 2003, he has taken upon himself to get a Class B CDL drivers’ license, attended all safety seminars and continues to learn the daily operation of the Highway Department with a smile. His knowledge of machining and fabricating, as well as his dependability, has made him a valuable asset to the Highway Department. I request that this raise take effect November 8, 2004. RESOLUTION #106 – 50-CENT RAISE FOR JEFFREY BROCKWAY MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED, that the Town Board does hereby approve a 50-cent per hour raise for Jeffrey Brockway effective November 8, 2004. Town Board Meeting Page 6 November 9, 2004 April L. Scheffler, Town Clerk/Tax Collector – Submitted her monthly report for the Board’s review. The resolution having to do with the traffic fines have been mailed to all parties. Letters of support have been received from Jim Seward and Elizabeth Little, which I have given you copies of. A copy of the resolution for the reduced speed limit in McLean adjacent to the Cassavant Elementary School and required paperwork have been sent to John Lampman at the Tompkins County Highway Department for his comment and the has forwarded this to the State DOT. I received today a copy of a letter to John Lampman from George Doucette, the State Regional Traffic Engineer stating that the school speed limit can only be considered after receiving a letter from the school. I talked with Joe Graham and gave him a copy of the letter. He and the McLean Community Council have a meeting this week with the school. He will bring this up at the meeting and ask that they write a letter. As a follow-up to the resolution you passed in June in support of eliminating the Sunset Provision of the Local Government Records Management Improvement Fund, both the Senate and Assembly voted unanimously to remove the sunset clause the bill is awaiting the Governor’s signature. On behalf of the Groton Business Association, I would like to invite you all to our annual joint th meeting with the Groton Rotary, which will be held Thursday, November 18 at the Groton Hotel. Our guest speaker will be Assemblywoman Barbara Lifton so we are hoping for a good turnout from both our Town and Village governments. I’d like to ask about the status of the Spay/Neuter Program and where we stand on that. Supervisor Morey asked Attorney Monty to prepare a resolution pertaining to the Spay/Neuter Program for the December meeting so that the Town can proceed with the program. Victoria Monty, Attorney for the Town – I have a “to-do” list, the spay/neuter program, also, as I said, I hadn’t had a chance to really look through this letter from Gary Coats relative to the Smith Road property. I will do that and e-mail all of you. Councilman Scheffler – Anything new on Diversified? Attorney Monty – I faxed you information from Tom Simms. He sent the equipment list and indicated on the cover page that we need to talk about other issues. He had promised me that he would get back to me after he talked to his accounting people. It was going to be the Monday after the last Board meeting. I didn’t bring that particular file with me, just the fax. I haven’t heard from him again and was shocked that he did return my call at one point. He is saying, that he does want to pay this off, make it right. We’ve heard that before. I said that if he’d get me something quickly, I would present it to the Board. I haven’t heard from him. Councilman Gamel – So what’s our next move? Attorney Monty – We have the equipment list now. Did any of you compare this to what we had before? Town Board Meeting Page 7 November 9, 2004 The Board indicated that they had never had an inventory of equipment before. Attorney Monty - You gave me something, the most recent modified agreement and it didn’t include any equipment. I think it seems to be fairly….. Councilman Gamel – How would you know though without having a list from before? Attorney Monty – That is why I called him, because I wanted to arrange for someone from the Board to go in and inspect it and inventory what is there. Councilman Scheffler – I think we should, because some of that stuff we don’t know what it is and some I know what it is and some of it’s Radio Shack for $29.00. Attorney Monty – Right. And he kind of hesitated at that and said, well, I’m storing some stuff for someone else right now and not everything that’s here is mine…… Councilman Gamel – What is the legal issue of us showing up? Attorney Monty – I don’t believe that the agreement provides for that. If you show up and he takes you on a tour, that’s fine, and maybe he would but you have no authority to demand one. Councilman Sovocool – So where are we going with this? Any place? Attorney Monty – Well I needed some sort of list and I think it would be a good idea for someone to…and I’ll try to arrange, I’ll give him a call tomorrow. I don’t know what kind of luck I’ll have. He doesn’t return Fran’s phone calls and I was shocked that he returned mine. Maybe he didn’t know the name. I’ll try to get in touch with him and arrange, I don’t know what your availability is to going there either. I know there has been some concern that either he’s donated things or is moving things out. Supervisor Morey – Yeah, but I think what the Board wants to do is move forward and don’t care what the list is. He’s got a personal guarantee and that’s what we’re after. We don’t care about the equipment. We care about what he can personally give us. The Board indicated that they wished to proceed. Attorney Monty - …..You can get a judgment. Hopefully, you’d get some money too. John Norman and A. D. Dawson, Town Justices – Submitted their monthly report for the Board’s review. Justice Dawson – About the only thing I want to report on is that the Court is co-sponsoring a 4- week bullying session with the Assembly of God Church. We’re going to have 4 Monday nights of about 1 ½ each night, classes on how to deal with bullies, help the kids understand what a bully is, how to handle bullies and stuff like that. From the sounds of it, it’s in conjunction with a program that’s going to be going on in the schools. Supervisor Morey – And to add a little bit to that, April had a nice article in the Groton Independent about it. Town Board Meeting Page 8 November 9, 2004 Councilman Donald Scheffler, as Recreation Coordinator – Nothing to report. RESOLUTION #107 – ACCEPT FISCAL YEAR 2005 BUDGET MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED, that the Town Board does hereby accept the Fiscal Year 2005 Budget. RESOLUTION #108 – ACCEPT FIRE AND AMBULANCE BUDGET MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED, that the Town Board does hereby accept the Fiscal Year 2005 Town of Groton Fire and Ambulance Budgets. Announcements: Planning Board – November 18, 7:30PM Association of Towns Annual Meeting in NYC – February 20-23, 2005 Groton Business Association, November 18, 6:00PM at the Groton Hotel, Guest speaker, Barbara Lifton There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler at 8:21PM. Unanimous. April L. Scheffler Town Clerk