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HomeMy WebLinkAbout12-14-2004 TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING TUESDAY, DECEMBER 14, 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 Sheldon C. Clark, Councilman Victoria Monty, Attorney for the Town Absent: Richard B. Gamel, Councilman Also present: Richard Case, Gary Coats, Liz Brennan, John Norman, Serina Dickerson, Olivia Nellums, April Scheffler MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes of the November 9, 2004 meeting as presented. Ayes - Sovocool, Scheffler, Clark, Morey. Supervisor Morey asked for action on the General Bills. Councilman Sovocool – There was a question mark on one. Supervisor Morey – Rick, boots? Richard Case – Rick’s boots. Councilman Sovocool – Did you get a new pair of boots? Are we buying them? Richard Case – Yup. Councilman Sovocool – How come? Richard Case – It was in the contract. I’m not included in the contract? Councilman Sovocool – You’re elected, so I heard anyway. You’re not included in that. Is he? Supervisor Morey – Well, he does the…….. Councilman Sovocool – He works for the Town, yeah, I know but he’s elected. Councilman Scheffler – An elected official, not really an employee. Town Board Minutes Page 2 December 14, 2004 Supervisor Morey – It’s up to you guys. Councilman Clark – Have you ever done it before? Richard Case – This is the first time. Councilman Clark – Why did you do it this time and not other times? Richard Case – Well, I just wore out my other pair of boots. Councilman Clark – After seven years? I don’t know, it just came up as a flag. Pretty small thing but.. Councilman Sovocool – Small thing, but if we do it for one elected official we’re going to have to do it for all of them. Right? General Fund Claim Numbers 358-413 of the in the amount of $24,287.96 were presented for audit. MOVED by Supervisor Morey, seconded by Councilman Sovocool, to approve the General Bills for payment without the addition of the voucher for Mr. Case’s boots. Ayes - Sovocool, Scheffler, Clark, Morey. Highway Fund Claim Numbers225-249 of the in the amount of $29,073.93 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Clark, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Clark, Morey. Supervisor Morey offered Privilege of the Floor. No one wished to speak. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk – Presented her monthly report for the Board’s review and had several budget transfers to make. RESOLUTION #109 – 2004 BUDGET TRANSFERS – GENERAL TOWN WIDE MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board does hereby approve the following 2004 Budget Transfers: Town Board Minutes Page 3 December 14, 2004 General Fund – Town Wide From: Contingency A1990.4……………………… $1,719.73 To: Justice, Contractual A1110.4………………… 618.00 Supervisor, Bookkeeper Pers. A1220.12……… 319.00 Buildings, Contractual A1620.4……………… 217.11 Health Ins. A9060.8…………………………… 485.32 RESOLUTION #110 – 2004 BUDGET TRANSFERS – GENERAL PART TOWN MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board does hereby approve the following 2004 Budget Transfers: General Fund – Part Town From: Contingency B1990.4…………………….. $322.39 To: Zoning, Contractual B8010.4……………… 189.80 Planning, Deputy Clerk, Pers. B8020.12…… 132.59 RESOLUTION # 111 – 2004 BUDGET TRANSFERS – HIGHWAY TOWN WIDE MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board does hereby approve the following 2004 Budget Transfers: Highway Fund – Town Wide From: Retirement Da9010.8……………………… $2,859.10 To: Health Insurance DA9060.8………………… 2,859.10 Gary Coats, Code/Fire Enforcement Officer – For the month of November: 8 building permits; 13 certificates of occupancy/compliance; 7 orders to remedy, 5 for junk cars, 1 to secure abandoned property and 1 for pool fencing; no life safety inspections although this month we are into the MVRs. We are dealing with a situation on Peru Road with a bunch of garbage dumped out in back of this house. I wrote them an order to remedy and gave them 2 weekends. I drove by today and saw no action on it. They are also the ones who own the property on Davis Road who had the fire. I went out there and walked through the house with them and it is my understanding that they’re going to come in for a demolition permit but that was the last I heard from them. I’ll have to follow that up. They now live on Peru Road and claim that they inherited the junk that’s there. They’ve had two weekends to clean it up. If they don’t do anything this weekend it will be followed through the court. Also, the Planning Board this month, we’re dealing with a cell tower company. If any of you want to see the whole package prior to the meeting, just give me a call and I can show you what I know. As far as I can see Town Board Minutes Page 4 December 14, 2004 they’ve addressed all concerns that I had. They are also reviewing the changeover of the Patchwork and Pies building. Councilman Clark – If you get a request from a new landowner, coming in to you for the first time, you understand that they don’t understand a lot, I mean, you’re helpful to them, right? Gary Coats – I try to be. They want to move in to the town or they want to buy land? Councilman Clark – No, they want to build for the first time and they don’t know what they’re doing. Your helpful to them. Gary Coats – It’s a long process… Councilman Clark – But you’re helpful to them; we want them here, right? Gary Coats – Definitely. Do you have one in mind? Councilman Clark – No, I just had some come to me and they didn’t know what they were doing and they wanted help from you. Gary Coats – I’ve walked numerous people through the process. It can be cumbersome. We’re dealing with a lady out on Talmadge Road right now. She bought a lot and through no fault of her own she got caught between a rock and a hard place on it because the subdivision was not properly filed with Tompkins County. She bought a one-acre lot and she had it all set up to move there, a modular home, built a pad and everything and we had to issue a stop-work order because even though she had a closing on the property, the Town of Groton didn’t legally recognize that lot. So, we lit a fire under the subdivider and he hustled around and took care of things. Supervisor Morey – But Gary, shouldn’t her lawyer, in closing, found that out? Gary Coats – That’s what I thought, but who am I to say? I told the subdividers at the time, very clearly, right out in the hallway here, look this isn’t a done deal until you file it. And they didn’t follow up on that and it came back and bit them and almost got them into a lawsuit with this young girl who was totally innocent of the whole deal. All of a sudden, she couldn’t build there because it wasn’t her lot even though she had closed on it. So, we got through that and I think all lawsuits were avoided and she’s following along, step by step, in constant contact with me. Councilman Clark – That wasn’t the one I was thinking about but I appreciate you telling that and I think you’re doing a very good job. I’ve had some questions from people who have come to you and they just didn’t feel you had time enough for them and I said, man, there is just so much. Gary Coats – I make a point of going to their houses or anything they want to help them through the process. Councilman Clark – That’s what I wanted to hear, thank you. Town Board Minutes Page 5 December 14, 2004 There was some more discussion on the upcoming Planning Board Meeting and the cell tower application that they would be reviewing. Richard C. Case, Jr., Highway Superintendent – As you can imagine the Highway Department is dedicated to the changeover from summer to winter. 90% of the equipment has been changed over at this time. The deicing sand has been transported. As always, we move salt throughout the year. Champlin Road from Elm Street to Route 222, we’ve worked on the crossover pipes; cleaned and repaired them; and the shoulders have been cut and re-graveled in preparation for paving in 2005. The Stevens Road bridge project that the County has going is moving forward. That’s where that other 10% of the snow equipment is being left unharnessed so we can provide the backfill material for the walls. Both walls have been poured. Unless we get into a problem with th the decking, they should meet the March 15 deadline. New York State road inventory has been filed with the Department of Transportation. The Town is on record as having 53.45 miles of Town road. We are presently plowing 39.10 miles of County road along with that. Councilman Clark – The gravel pit? Richard Case – I’ve been in contact with Mia Nelson. That lower berm in the southeast corner, she wants taken down. We’re working on that and there’s a couple other things. Councilman Clark – How much water you got now? Richard Case – Every time the water goes down, there’s a marker there, and we see six inches of it and then it rains again. There was some more discussion on the gravel bank and methods that could be used to drain the water that had collected in the bottom of it. April L. Scheffler, Town Clerk/Tax Collector – Submitted her monthly report for the Board’s review. I have a letter from Monica Todd, owner of the Roman Village, informing me of her intention to renew her liquor license. We need a consensus of approval from the Board for that. In the Clerk’s office, we’ve been trying to take care of all the year-end things and get ready for taxes. You all met Serina Dickerson. She’s been doing an internship with us as part of her requirements for Girls’ State. After she completes her program she will earn 3 college credits. We have enjoyed having her in the office. Clerk Scheffler talked to the Board about upgrading 2 computers in her office. Upgrades to the computers they have would cost about $400 each and they would still have 5–year old computers. She was looking at purchasing 2 new towers instead so that they would have more features, more memory, drive space and safety features. Supervisor Morey suggested that she check out the Dell Government Education program for the purchase. Money had been budgeted in the Clerk’s account for upgrades and repairs and the money was available from the 2004 budget. Consensus of the Board was to proceed. Town Board Minutes Page 6 December 14, 2004 Clerk Scheffler - We’ve been working on some records and brought some in to show to you. You probably noticed a bill in there for a large order of sheet protectors. That is for the chattel mortgages and conditional sales contracts, which are permanent records. Victoria Monty, Attorney for the Town – Regarding the spay/neuter program, the State Comptroller’s Office has recommended that you proceed under your procurement policy. The procurement policy, I’ve highlighted a provision for you that the Town Board can make a determination that in the best interest of the Town, that it’s going to be more costly than the program would ultimately be, to go through a procurement policy to solicit bids and all of that. It’s going to be a de minimis contract and that a special circumstance exists and make it retroactive. Also, (a) under section 6 might apply because this is something that requires technical skills. The State Comptroller’s Office was concerned that you adhere to a procurement policy and this is what you have in effect. One of their concerns was that you not show favoritism and how you decided on these two veterinarians. I know that you wanted to keep it local and I think that these are the only two vets with a practice in Groton. I don’t know if the vets want to enter into a written agreement. We certainly could do that. Clerk Scheffler – I posed that question to them originally and they said that they don’t have a contract with the SPCA or any of the other programs that they are in and basically just said, we know where you are. They didn’t feel that there would be any problem with the Town paying them. Supervisor Morey – Let’s table this until next month and discuss it a little bit more. Attorney Monty – The other thing was that Gary had sent a letter to the Board regarding the Louis Thompson property on Smith Road. When I read it I was assuming that the Board would want to act on Gary’s recommendations. This would be a resolution for the removal of the structure. Part of this resolution is that we have to set a public hearing. I know I’ve thrown it at you at the last minute. You may want to table that too…… Supervisor Morey – Gary, what do you think? Gary Coats – I think the building should come down. I don’t think you can physically correct it. To make it structurally sound you would have to replace every structural member in there anyway. The building is not safe. How it made it through last winter is beyond me. It’s in my opinion not a safe structure to be in or around. Councilman Sovocool – I haven’t seen it but I would say take it down. Gary Coats – I get an awful lot of comment from neighbors. They use that as a classic example. If you are making me do this how come you allow this barn to go on? They don’t have a C/O. They did have a building permit but he tore this barn down in Cortland someplace, he told me, and he brought it over here. I would like to see what this barn looked like in Cortland because it couldn’t possibly look like this barn over here. I’ve heard from several people, how can you pick on me for my junk car when you allow this eyesore? Councilman Sovocool – No carrying beams in it? Town Board Minutes Page 7 December 14, 2004 Gary Coats – You know how you have carrying beams going across and you rest your rafters on top of them? He didn’t rest them on top of them; he “bird’s mouthed” them into this. He had 2 x 8’s coming in, “bird’s mouthed” into that but he cut away 7 inches of the 2 x 8 so it’s only resting on 1 inch of wood. So, essentially it’s 1-by construction for the roof structure. If someone was walking on it I would imagine it would bounce pretty good. The structural members going up, if he had a 12 footer and needed a 14 footer, a 12 footer would do and then the next one over might be 2 feet or 3 feet. There’s not one construction principal followed. Councilman Scheffler – I think we ought to proceed with it. Councilman Clark – I saw the pictures in Gary’s office and I totally support him. It needs to be done. Supervisor Morey – Tell me about the public hearing. What do we have to do with that? Attorney Monty explained that Mr. Thompson would have an opportunity to be heard at the public hearing. RESOLUTION #112 – ORDER REMOVAL OF STRUCTURES FROM LEWIS THOMPSON PROPERTY Moved Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Clark, Morey WHEREAS, the Enforcement Officer of the Town of Groton has filed his report in writing with the Town Board of the Town of Groton containing his findings and recommendations regarding certain structures situate on premise on 424 Smith Road in the Town of Groton, County of Tompkins, State of New York, designated by Tax Map Number __________, in which report said Enforcement Officer states his opinion that said structures are unsafe and dangerous to the public and recommends their immediate securing or removal, and WHEREAS, the Town Board of the Town of Groton, after reviewing said report, and after hearing said Enforcement Officer in regard thereto, and after having duly deliberated upon the same, having determined that said report warrants the securing of said structures or their removal NOW, THEREFORE, BE IT RESOVED , that: 1)Notice be given to Lewis Thompson, reputed owners of these structures, situate on premises on 424 Smith Road in the Town of Groton, County of Tompkins, State of New York, designated by Tax Map Number __________, in the form required by Section Six (6) of Local Law Number 1 of the Year 1981 of the Town of Groton. 2)Said notice to be served personally upon Lewis Thompson or by registered mail to their last known residence as shown by the records of the Tax Collector or of the County Clerk if such persons cannot reasonably be found for such personal service and by affixing a copy thereof upon said structures. Town Board Minutes Page 8 December 14, 2004 3)Said notice shall order the securing of said structures in the following manner, to wit: _______________________________________________________________ or in the alternative, such structure shall be removed from the premises and the garage/barn, which is incapable of being safely repaired, be removed from the premises, to be commenced within thirty (30) days of the service of said notice and to be completed within sixty (60) days thereafter. th 4)A Public Hearing has been scheduled on the 11 day of January 2005 at 8:00 PM at 101 Conger Boulevard, Groton, NY 13073, in relation to such dangerous or unsafe structures. 5)The Town Clerk of the Town of Groton be and she hereby is directed to prepare said notice and arrange for the service thereof in accordance with the requirements of said Local Law and by filing in the Office of the County Clerk. Councilman Sovocool inquired about the former Coit property on Lick Street. Gary Coats explained that the present owner, Mr. Robinson, had concerns about the electric wires, which had been resolved. He has let 2 demolition permits expire and must apply for another. Right now he is discussing it with the Fire Department and other parties involved. John Norman, Town Justice – I really have nothing. Apparently you have our report from last month by now. That’s all I have. Consensus of the Board was that they had no objections to the renewal of the liquor license for the Roman Village. Councilman Donald Scheffler, as Recreation Coordinator – The Joint Town and Village Recreation Committee met December 7, 2004 at 5 o’clock. Chris Dempsey spoke on the topic of insurance and liability, bringing everybody up to date on how the Town and Village recreation insurance works, what is and isn’t covered and what we can do to lessen our risk. This training and reminder session was very helpful and informative and Chris has our thanks for his time. He also offered storage space for equipment and other things over his office to any organization that needs it. We also discussed the upcoming Winter Fest scheduled for February 19, 2005 at the Elementary School. Events and activities will be finalized by our January meeting. Councilman Scheffler – I’d like to report that the mobile home loaned out to John Anderson has been removed from the property. I believe that action concludes the agreement between the Town of Groton and the Assembly of God Church. At this time I’d like to thank the Town Board, our attorney’s office, Groton Assembly of God Church, Better Housing, Catholic Charities, NYSEG, Tompkins County DSS, the County Office for the Aging and a host of others I apologize for forgetting and above all the organizer, Tyke Randall, for banning together in an exercise that allowed John to stay in his life-long home. It is my understanding that the mobile home has gone on to help someone else. It may not have been the biggest project we’ve undertaken but it meant a lot to John and I’m proud of everyone involved. Town Board Minutes Page 9 December 14, 2004 Supervisor Morey – Discussion on Dog Enumerator. I say let’s put it out for advertising and have April hire. We already agreed on a salary of $2.00 per dog? Clerk Scheffler – We discussed it. You didn’t do an actual resolution on it. Supervisor Morey – Well, once you hire him we’ll make a resolution for the salary rate. Let’s discuss it for $2.00 a dog but if he comes back and says I won’t take anything less than $3.00, then we have to discuss it. Councilman Scheffler – What about insurance? Councilman Clark – You going to have a guideline for that? There was some more discussion on the subject. Clerk Scheffler said that she would contact Chris Dempsey and ask about liability insurance and what the approximate cost would be so that they would have the information available when hiring an enumerator. It was decided that the job would be advertised as $2.00 per dog plus mileage and require liability insurance. It would be advertised after the beginning of the New Year. RESOLUTION #113 – APPROVE 2005 HIGHWAY AGREEMENT MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED , that the Town of Groton Highway Employees be granted the following for the year 2004: 1)$.50 per hour raise in pay across the board. 2)$130.00 allowed per year for additional clothing or boots. RESOLUTION #114 – ESTABLISH COURT CLERK AS FULL TIME POSITION MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board does hereby establish the position of Court Clerk as a full time position commencing January 1, 2005. Town Board Minutes Page 10 December 14, 2004 RESOLUTION #115 – SUPPORT FOR ADOPTION OF TOMPKINS COUNTY COMPRHENSIVE PLAN MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Clark, Morey WHEREAS, the Tompkins County Planning Department, with guidance, advice, and recommendation from the Tompkins County Planning Advisory Board, has developed a Tompkins County Comprehensive plan that addresses regional and intermunicipal issues that affect the daily lives of Tompkins County residents, such as housing, transportation, jobs, the environment, and neighborhoods and communities, and WHEREAS, the Draft Comprehensive Plan was presented at 17 community groups and advisory board meetings, and 14 open houses and public meetings in all municipalities in the county, for feedback and comments, and WHEREAS, an over-arching principle of the Draft County Comprehensive Plan is that Tompkins County will work proactively with towns, villages, the City of Ithaca, and State and Federal agencies to cooperatively address regional issues, and WHEREAS, the County recognizes that while New York State clearly places land use authority in the hands of its towns, villages, and cities, it also specifically recognizes that intermunicipal planning is needed to cooperatively address regional issues and encourages the development of county comprehensive plans to address development and preservation issues that transcend local political boundaries, and WHEREAS, the Tompkins County Comprehensive Plan provides a strategic framework for addressing issues of mutual concern to municipalities throughout the County, now therefore be it RESOLVED, That Town of Groton supports the adoption of the Tompkins County Comprehensive Plan by the Tompkins County Legislature. RESOULUTION # 116 – APPOINT JACK MILLER TO TOMPKINS COUNTY FIRE, DISASTER & EMS BOARD MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board does hereby appoint Jack Miller to the Tompkins County Fire, Disaster and EMS Board for the 2005-2007 term. Town Board Minutes Page 11 December 14, 2004 RESOLUTION #117 – SET DATE FOR ORGANIZATIONAL MEETING MOVED by Supervisor Morey, Councilman Scheffler Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board does hereby set the date for the 2005 Organizational Meeting for January 11, 2005 at 7:30 PM. Announcements: Planning Board Meeting – December 16 at 7:30 PM Association of Towns Annual Meeting – February 20-23, 2005 in New York City Letter of support for speed control on McLean Road GBA Holiday Get Together – Wednesday, December 15 at 5:00 PM at the Groton Hotel Town Holiday Party – December 21 at 11:30 AM at Groton Hotel There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 9:47 PM. Unanimous. April L. Scheffler Town Clerk