HomeMy WebLinkAbout2016-02-09TOWN OF GROTON — MINUTES OF TOWN BOARD MEETING
TUESDAY, FEBRUARY 9, 2016 AT 7:30 PM
THE TOWN HALL, 101 CONGER BOULEVARD
Those present: Donald F. Scheffler, Supervisor
Ellard L. Sovocool, Councilperson
Kelly Smith, Councilperson
Randy N. Jackson, Councilperson
Sheldon C. Clark, Councilperson
Victoria Monty, Attorney for the Town
Also present: Bob Walpole, Rick Fritz,
Morey, Rosemarie Tucker,
Rankin, April Scheffler.
Ed Neuhauser, Lance Coit, Jamie Babcock, Glenn
Dan Carey, Sam Cargian, Robin Cargian, Charles
MOVED by Councilperson Clark, seconded by Councilperson Smith, to approve the minutes of the,
January 12, 2016 meeting as presented.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler.
Vouchers for the General Fund in the amount of $ 59,062.78 were presented for audit.
MOVED by Councilperson Smith, seconded by Councilperson Sovocool, to approve the General Bills
for payment.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler.
Vouchers for the Highway Fund in the amount of $3 8,197.42 were presented for audit.
MOVED by Supervisor Scheffler, seconded by Councilperson Jackson, to approve the Highway Bills for
payment.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler.
Vouchers for the Community Development Block Grant (CDBG) Fund in the amount of $10,792.50
were presented for audit.
MOVED by Councilperson Smith, seconded by Councilperson Sovocool, to approve the CDBG Bills for
payment.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
A voucher for the Groton Fire Protection District Fund in the amount of $29,375.00 was presented for
audit.
MOVED by Councilperson Smith, seconded by Councilperson Sovocool, to approve the Groton Fire
Protection District Bill for payment.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Town Board Minutes Page 2 February 9, 2016
Monthly Reports:
Charles Rankin, Bookkeeper - Submitted monthly reports for the Board's review and had nothing else
to report.
W. Rick Fritz, Code/Fire Enforcement Officer - Submitted monthly reports for the Board's review.
Life Safety Inspections have begun and many places need updates that are going to take some time and
patience. He and Robin are working on new checklists for the life safety inspections on the rental
properties. Some of the CDBG Grant work has been done and there was never a Certificate of
Completion or Certificate of Occupancy issued and they're paid in full. We have some problems with
that because some of the work is not done to Code. The Board asked how he was going to remedy that
and he said that he didn't know how to remedy that since they are already paid in full. Mr. Fritz
suggested that no more final payments be made until they get a Certificate of Completion or Occupancy
first. There was one complaint that he went out on and it won't be long before the new roof leaks. They
are supposed to apply for a permit and follow the rules and regulations to get a building permit, but they
didn't. We ask them for Workers' Comp insurance and they say we are the only Town that does that,
which is untrue, so the application becomes incomplete and they just go ahead and do the job without the
permit. They want us to sign off on it, but we can't do that without getting the Town in trouble.
Supervisor Scheffler - Said he would talk to Thoma about this.
Mr. Fritz - Said there was one contractor that he went to, and some contractors don't know what the new
Codes are. He wants to work with them so they know how to build to Code. These contractors were
building a deck that Mr. Fritz was not happy with but after explaining it to them, they had no problem
with doing it right, they just needed direction. There was no direction before and the contractors in our
area should have been updated years ago on the new Codes, so it's going to take some time and work to
get these guys up to compliance. In the meantime he wants to make sure that he gets to look at the CDBG
projects. The McLean Fire District wants to get on the Planning Board agenda for a Site Plan Review and
SEAR. Mr. Fritz feels that a little better communication is needed between the Town and the McLean
Fire District and their consultant/engineer.
Councilperson Clark said that if Mr. Fritz needed anything to let the Board know.
Mr. Fritz said that the people in the Town of Groton are great people and they just need to be treated
right. There is a lot of animosity out there from history but when they see who you are and that you want
to work with them, they are okay. Councilperson Clark asked what Mr. Fritz had meant by a lot of
updates needed. Mr. Fritz said that there are updates on the rental properties that should have been done
years ago and they should not have passed their previous inspections. So, now we have some that didn't
pass and we can't just go with a huge list of stuff that they have to do all at once and overwhelm them.
He plans on working on it over time, asking them to do certain things each year, and the landlords seem to
be happy about that. The Fire Hall and Church in McLean had a few problems that they were more than
willing to fix and are happy that they are going to be safe. That's what people were looking for, is
someone to work with them and they are happy to do it.
RESOLUTION #16-017 - WITHHOLD FINAL PAYMENT ON
CDBG HOUSING GRANT PROJECTS
MOVED by Supervisor Scheffler, seconded by Councilperson Smith
RESOLVED, that the Town Board will, from this point forward, withhold final payment on the CDBG
Housing Grant projects until all paperwork is completed, any required building permits have been applied
for and issued, and any Certificates of Completion or Certificates of Occupancy have been issued.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
Town Board Minutes Page 3 February 9, 2016
Richard C. Case, Jr., Highway Superintendent - Was not present.
April L. Scheffler, RMC, Town Clerk/Tax Collector - Submitted monthly reports for the Board's
review. Tax collection has slowed down now that we are in February and first installments go to the
County on Thursday. The warrant to the Supervisor has been satisfied and money collected now gets paid
over to the County. She is starting to work on a Celebrations Grant from Tompkins County for the Verne
Morton Memorial Photography Show and would like the support of the Board to move forward on that.
The Deputy Clerk, Robin Cargian, had been to a meeting on a proposed shared services grant with
Tompkins County for building permit software.
Robin Cargian, Deputy Clerk - The Tompkins County IT Department is going to apply for a shared
services grant to provide building permit software through Accela to the other municipalities. The
records will still be ours and we determine who would get to see them and when. The Clerks had
previously looked at 4 different software programs: Accela, which Dryden has and cost them about
$30,000; Municity, which is about $10,000; Williams Law, which was $5,000 with a $1,000 annual fee;
and WAG, which was $4,500 and was web based and we didn't really like that. Going with the County,
the grant will pay for our licenses and the first two years of annual fees, after which we will pay about
$800 a year. Accela will have mobile capability. The Code Enforcement Office will be able to do
everything from the field including uploading pictures. If after the first two years, we are not happy with
the program, we can pull out and the records are still ours.
RESOLUTION #16-018 - SUPPORT SHARED SERVICES GRANT FOR
BUILDING PERMIT SOFTWARE
MOVED by Supervisor Scheffler, seconded by Councilperson Jackson
WHEREAS, Tompkins County intends to apply for funding through the New York State Consolidated
Funding Application (CFA) for monies to initiate a new project focused on Building Code and Permitting
processes and the records management thereof; increasing efficiencies in local services; and data/records
collaboration through a shared services model; and the support of the related records management system,
and
WHEREAS, the Groton Town Board has supported Tompkins County in previous funding applications
and looks forward to future opportunities for new shared services initiatives and inter -municipal
cooperation which result in savings for its constituents, and
WHEREAS, the Groton Town Board anticipates cooperating with and joining in future shared services
offered and/or supported by Tompkins County whenever feasible, now therefore be it
RESOLVED, that the Groton Town Board does hereby fully support Tompkins County in its pursuit and
application for funding for shared services through a Local Government Efficiency Grant.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
The Board discussed the Celebrations grant that the Town Clerk is applying for and the consensus of the
Board was that they supported the grant application and that the Town Clerk should proceed.
Victoria Monty, Attorney for the Town - Had nothing to report.
John J. Norman and A. D. Dawson, Town Justices - Were not present but had submitted reports for the
Board's review.
Town Board Minutes Page 4 February 9, 2016
Councilperson Kelly Smith as Representative to Joint Youth Program - Winter sports are going well.
Youth wrestling has a low enrollment, so they've been practicing with the Dryden team, switching out
schools to practice in. Zumba is still going strong, averaging about 50 people a night. Cabin Fever
Festival is March 5th. There's going to be a roller skating party; lots of stuff in the High School in the
afternoon; on the 4th, "Lucy's Hooch" is playing at the Legion and also a chicken barbeque; and we are
going ahead with having "Shred -It" there. We are going to do with the recreation needs assessment with
the SUNY students and Jennifer Jones and a few of us will meet with them next week to put together the
survey. We're going to start with 12-18 year old assessments.
Glenn Morey, County Legislator - Tomorrow I start on the Transportation Committee, it's our first
meeting. This is a new committee that will be looking into transportation needs in the next couple years:
roads, airports, trains, etc. There's a lot of money in the Federal Government and we need to be prepared
for the future.
Councilperson Clark - Will you apply for grants?
Mr. Morey - We will, after what we identify what we need. This is the starting point of realizing what
we need.
Privilege of the Floor:
Jamie Babcock, Fire Chief & Lance Coit, Deputy Fire Chief - Were there with their annual report of
the Fire Department and Ambulance activities for 2015. There were 152 Fire related calls and 670
ambulance calls for a total of 822 calls. They let the Board know that they were okay with the contracts
for 2016, but that their attorney has a few small changes that he wants to make and the Board should have
that soon. They have hired one part-time EMS person and are in the process of trying to hire a third full-
time person. We've been covering the calls pretty well.
Rosemarie Tucker, Town Historian - Was present to present her 2015 Annual Report to the Board. She
also sent it to the Tompkins County Historian to present to the County Legislators, and to the Acting New
York State Historian, as required. 2017 is the Bicentennial for the County and the Town of Groton. If
you have any ideas for a Town celebration, please let April and me know. I am grateful to each of you for
your continued support.
Discussion took place on establishing a capital reserve fund to badly needed replacement of the roof on
the town building/highway garage. The Town has a CD for $110,000.00 plus whatever interest it has
earned coming to maturity soon, plus $20,000.00 that was set aside in the budget and Supervisor Scheffler
proposed that the Board use this money to set up a capital reserve fund so that money could be added to it
each year towards the project. A general estimate for the roof was $200,000.00
**PLEASE TAKE NOTE: The following resolution was rescinded later in this meeting by Res #16-024
RESOLUTION #16-019 - ESTABLISH BUILDING REPAIR RESERVE FUND
MOVED by Supervisor Scheffler, seconded by Councilperson Smith
RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, the Town
Board of the Town of Groton hereby establishes a capital reserve fund to be known as the "Town
Building Maintenance and Repair Reserve Fund" (hereinafter "Reserve Fund"). The purpose of this
Reserve Fund is to accumulate the moneys to finance the cost of a type of capital improvement.
The type of capital improvement to be financed from the Reserve Fund is major repairs to the Town
Building that houses the Town Hall and Highway Garage, and be it further
Town Board Minutes Page S February 9, 2016
RESOLVED, that the chief fiscal officer is hereby directed to deposit the $110,000.00 from the
Town's Certificate of Deposit and the $20,000.00 from the 2016 Budget - A0962.2 Budgetary
Provision for Other Uses, and secure the moneys of this Reserve Fund in the manner provided by
Section 10 of the General Municipal Law. The Town Board may invest the moneys in the Reserve
Fund in the manner provided by Section 11 of the General Municipal Law, and consistent with the
investment policy of the Town of Groton. Any interest earned or capital gains realized on the
moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The chief
fiscal officer shall account for the Reserve Fund in a manner which maintains the separate identity
of the Reserve Fund and shows the date and amount of each sum paid into the fund, interest
earned by the fund, capital gains or losses resulting from the sale of investments of the fund, the
amount and date of each withdrawal from the fund and the total assets of the fund, showing cash
balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board
a detailed report of the operation and condition of the Reserve Fund, and be it further
RESOLVED, that except as otherwise provided by law, expenditures from this Reserve Fund shall
be made only for the purpose for which the Reserve Fund is established. No expenditure shall be
made from this Reserve Fund without the approval of this governing board and such additional
actions or proceedings as may be required by Section 6-c [6-g] of the General Municipal Law and
any other law.
This resolution is subject to permissive referendum pursuant to subdivision 4 of Section 6-c
[ 16-g] of the General Municipal Law.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
RESOLUTION #15-020 - APPOINT PLANNING BOARD CHAIR AND VICE CHAIR
MOVED by Supervisor Scheffler, seconded by Councilperson Sovocool
RESOLVED, that the Town Board hereby appoints Edward Neuhauser as Chair and Lisa Maloney Hahn
as Vice Chair of the Town of Groton Planning Board.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
RESOLUTION #15-021 - APPOINT ZONING BOARD OF APPEALS CHAIR AND VICE CHAIR
MOVED by Councilperson Sovocool, seconded by Councilperson Jackson
RESOLVED, that the Town Board hereby appoints Ted Schiele as Chair and Paul Fouts as Vice Chair of
the Town of Groton Zoning Board of Appeals.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
RESOLUTION #15-022 - TOWN CLERK AND DEPUTY CLERK TO ATTEND CONFERENCE
MOVED by Supervisor Scheffler, seconded by Councilperson Jackson
RESOLVED, that the Town Board hereby approves the payment of expenses for the Town Clerk, April
Scheffler, and the Deputy Clerk, Robin Cargian, to attend the Annual New York State Town Clerks
Association Conference in Saratoga Springs, April 17-20, 2016.
Town Board Minutes Page 6 February 9, 2016
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
Supervisor Scheffler MOVED to enter into Executive Session to discuss the employment history of a
particular person, seconded by Councilperson Jackson, at 8:27 pm.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Supervisor Scheffler MOVED to return to Regular Session, seconded by Councilperson Clark, at 8:45
pm.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Approving the 2016 contract with Tompkins County Human Services was on the agenda. No one was
really sure exactly what Tompkins County Human Services is and what they do, and the following
resolution was made.
RESOLUTION #16-023 - TABLE HUMAN SERVICES CONTRACT UNTIL MARCH MEETING
MOVED by Supervisor Scheffler, seconded by Councilperson Clark
RESOLVED, that the Town Board hereby tables the 2016 contract with Tompkins County Human
Services until the March meeting so that further information on the organization is received and directs
the Bookkeeper to hold the check for said organization until the March meeting also.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
Clerk Scheffler told the Board that while they were in Executive Session, she had looked at the section
on establishing reserve funds in the Town Law Manuel. She read the following excerpt:
"A `specific' reserve fund I one established for acquiring a particular piece of equipment or for a
particular capital improvement. If the town establishes a `specific' reserve fund, it is subject to
permissive referendum upon the establishment of the fund. After the establishment of the `specific'
reserve fund, any expenditures therefrom are not subject to permissive referendum. In contrast, the
establishment of a `type' reserve fund is not subject to permissive referendum, while any expenditure
therefrom is subject to permissive referendum."
Clerk Scheffler thought that the prior resolution would be considered a "type" reserve fund since it didn't
say that it technically could be used for any kind of building repair and did not specifically say that it was
for the roof. Further discussion took place as well as review by the Town Attorney of General Municipal
Law, and it was decided that the prior resolution should be rescinded and a new resolution made.
RESOLUTION #16-024 - RESCIND RESOLUTION #16-019
MOVED by Supervisor Scheffler, seconded by Councilperson Smith
RESOLVED, that the Town Board hereby rescinds Resolution #16-019 - Establishing a Building Repair
Reserve Fund.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
Town Board Minutes Page 7 February 9, 2016
**PLEASE TAKE NOTE: The following resolution was rescinded during a Special Meeting held on
February 15, 2016 by Res #16-026.
RESOLUTION #16-025 - ESTABLISH TOWN BUILDING
ROOF REPAIR/REPLACE RESERVE FUND
MOVED by Supervisor Scheffler, seconded by Councilperson Sovocool
RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, the Town
Board of the Town of Groton hereby establishes a capital reserve fund to be known as the "Town
Building Roof Repair/Replace Reserve Fund" (hereinafter "Reserve Fund"). The purpose of this
Reserve Fund is to accumulate the moneys to finance the cost of a specific capital improvement.
The specific capital improvement to be financed from the Reserve Fund is major repairs or
replacement of the roof on the Town Building/Highway Garage, and be it further
RESOLVED, that the chief fiscal officer is hereby directed to deposit the $110,000.00 from the
Town's Certificate of Deposit and the $20,000.00 from the 2016 Budget - A0962.2 Budgetary
Provision for Other Uses, and secure the moneys of this Reserve Fund in the manner provided by
Section 10 of the General Municipal Law. The Town Board may invest the moneys in the Reserve
Fund in the manner provided by Section 11 of the General Municipal Law, and consistent with the
investment policy of the Town of Groton. Any interest earned or capital gains realized on the
moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The chief
fiscal officer shall account for the Reserve Fund in a manner which maintains the separate identity
of the Reserve Fund and shows the date and amount of each sum paid into the fund, interest
earned by the fund, capital gains or losses resulting from the sale of investments of the fund, the
amount and date of each withdrawal from the fund and the total assets of the fund, showing cash
balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board
a detailed report of the operation and condition of the Reserve Fund, and be it further
RESOLVED, that except as otherwise provided by law, expenditures from this Reserve Fund shall
be made only for the purpose for which the Reserve Fund is established. No expenditure shall be
made from this Reserve Fund without the approval of this governing board and such additional
actions or proceedings as may be required by Section 6-c [6-g] of the General Municipal Law and
any other law.
This resolution is subject to permissive referendum pursuant to subdivision 4 of Section 6-c
[ 16-g] of the General Municipal Law.
Ayes - Sovocool, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
Announcements:
➢ Planning Board Meeting, February 18th at 7:30 pm
➢ Zoning Board of Appeals Meeting, February 24th, 7:00 pm
➢ Cabin Fever Festival, March 5th
There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman
Jackson, at PM. Unanimous.
April L. Scheffler, RMC
Town Clerk