HomeMy WebLinkAbout08-09-2005
TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING
AND PUBLIC HEARING ON UNSAFE BUILDING
TUESDAY, AUGUST 9, 2005 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
Sheldon C. Clark, Councilman
Victoria Monty, Attorney for the Town
Also present:
Gary Coats, Elizabeth Brennan, Richard C. Case, Tena McClary, Kim
Reilly, Rebekah Rielly, Duane Randall, George Frantz.
MOVED
by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes
of the July 12, 2005 meeting as presented (with correction of typo in Resolution No. 05068 –
A3510.4 should be A3510.1)
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
General Fund
Claim Numbers 230-259 of the in the amount of $19,273.42 were presented for
audit.
MOVED
by Supervisor Morey seconded by Councilman Clark, to approve the General Bills for
payment, with the exception of Claim Number 248, in the amount of $658.15, making the total
amount approved to be $18,615.27.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Highway Fund
Claim Numbers 119-133 of the in the amount of $36,125.11 were presented for
audit.
MOVED
by Councilman Gamel, seconded by Councilman Scheffler, to approve the Highway
Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Special Grant (HUD) Fund
Claim Number 1 of the in the amount of $4,884.00 was presented
for audit.
MOVED
by Councilman Sovocool, seconded by Councilman Gamel, to approve the HUD bill
for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
Town Board Minutes Page 2 August 9, 2005
Privilege of the Floor:
Kim Reilly from the Pizza Fun Day Committee was there to give an update on their plans. They
will have a booth at Olde Home Days to promote Pizza Fun Day which is scheduled for Sept.
th
17 and showed the Board packets that they would be giving out containing a dry-erase board,
marker and coupons. One addition this year will be a game show featuring pizza related
questions. The trolley will be here again and there will be many displays and demonstrations.
Monthly Reports:
Elizabeth Brennan, Bookkeeper/Highway Clerk
– Submitted her monthly report and
requested budget transfers.
RESOLUTION #05-073 – 2005 BUDGET TRANSFER
MOVED
by Councilman Sovocool, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,
that the Town Board hereby approves the following 2005 Budget Transfer:
General Fund – Town Wide:
From: Control of Dogs, Enumeration A3510.41……………$1,314.00
To: Control of Dogs, Personal Services A3510.1…………1,314.00
RESOLUTION #05-074 – 2005 BUDGET TRANSFER
MOVED
by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,
that the Town Board hereby approves the following 2005 Budget Transfer:
Highway Fund – Town Wide:
From: Machinery, Personal Services DA5130.1……………$3,225.37
To: Bridges, Personal Services DA5120.1………………...3,225.37
RESOLUTION #05-075 2005 BUDGET TRANSFER
MOVED
by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,
that the Town Board hereby approves the following 2005 Budget Transfer:
Highway Fund – Part Town:
From: Retirement DB9010.8……………………………$1,127.58
To: Health Insurance DB9060.8………………………1,127.58
Town Board Minutes Page 3 August 9, 2005
Richard C. Case, Jr., Highway Superintendent
– At the present time, the Highway
Department is very active in summer highway projects. The shop continues repairs and P.M. on
equipment. Stan, Randy and the summer help have started to clean up the building for Old
Home Days. The Historical Society will be holding their annual flea market in the parking
th
section of the highway building on August 20.
Roadside mowing continues on Town highways. A drainage problem has been addressed on
Stauber Road with three sluice pipes being replaced and several yards of brush and trees trimmed
and cut. The next phase of rebuilding Old Stage Road, from Salt Road to Champlin Road, is
underway. This will require six crossover pipes to be replaced and pretty much a complete
cleaning of existing ditches and drainage systems. The Highway employees are making good
progress with this project and are to be commended for enduring the heat that has settled in this
summer. Cutting trees and working in the middle of a blacktop road is a true indication of their
dedication to the job.
The summer youth workers are presently employed doing chores and providing a helping hand
that is making a real difference in the Highway Department’s productivity. Makinze Lewis,
Ellard Keister and Joseph Randall are these three employees.
Liz and I have applied for the $70,282.85 Town of Groton’s potion of the NYSDOT Chips
funds.
The bridge on Stevens Road is open and the County bridge crew has moved on to other projects.
We have, for the time being, finished with guide rail, bridge decking and roadway approach
work for this project. Stevens Road is open and very passable.
I received from William Sczesny, Highway Manager for Tompkins County Highway
Department, notification that the Town of Groton’s payment for snow and ice maintenance of the
County roads for the 2006 Budget will be $145,612.39.
Viking Cives USA completed the installation of the 10’ Proline dump body. This vehicle has
been placed in service and appears to function very well.
I have three equipment items that require Board resolutions. As we budgeted for 2005, I request
to make purchases on State bid.
RESOLUTION #05-076 – PURCHASE ONE-WAY PLOW
MOVED
by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED
, that the Town Board hereby approves the purchase, on State bid, a 10’ Model
3566 HSE one-way plow, manufactured by Vicking Cives USA, for the amount of $6,744.00.
Town Board Minutes Page 4 August 9, 2005
RESOLUTION #05-077 – PURCHASE 2006 STAKE RACK TRUCK
MOVED
by Supervisor Morey, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,
that the Town Board approve the purchase, on State bid, a 2006 International
Model 4200 Series 1 ½ ton truck with a 16’ Reading stake rack body mounted, for the amount of
$47,603.00 to replace the 1985 Chevy Stake Rack Truck.
RESOLUTION #05-078 – TAKE VEHICLES TO MUNICIPAL AUCTION
MOVED
by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,
that the Town Board hereby gives permission to Rick Case, Highway
Superintendent, to take the following equipment to the Municipal Auction held in Lansing on
September 10, 2005 or somewhere else where they could realize the greatest return:
1)A 1985 Chevy stake rake truck
2)A 1985 Ford 10-wheel cab & chassis truck
3)A 1966 Brockway truck
Gary Coats, Code Enforcement Officer
– A half million dollars in building permits were
issued for the month. There were 11 or so building permits and one certificate of occupancy. I
issued 3 Orders to Remedy, all for cars and had 4 complaints corrected. The Thompson garage
is completed. As far as I am concerned it is done. Floyd Slater, who bought the Anderson
property on Brown Road is in the process of cleaning things up. Life Safety Inspections are up
to date.
PUBLIC HEARING ON UNSAFE BUILDING
Supervisor Morey opened the Public Hearing at 8:00 PM. Purpose of the Public Hearing was
regarding to an unsafe building at 924 Lick Street owned by John Robinson.
The Deputy Clerk read the Public Notice, which had been published in the Town’s legal paper,
the Groton Independent, on August 3, 2005.
Mr. Coats
– I thought he would be here tonight. I heard through the grapevine that he had
someone to do it but not until September. I talked with Vicki. There were other occasions,
including tonight, when he said he was going to do things and he didn’t.
Supervisor Morey
– Your recommendation?
Mr. Coats
– Tear it down.
Town Board Minutes Page 5 August 9, 2005
Attorney Monty
– I think a stipulation would be fine if we had it in writing. But without his
appearance here….
Mr. Coats
– He knows from numerous letters from me that it would be in his best interest to
take care of it.
Supervisor Morey
– What is the procedure now, Gary?
Mr. Coats
– It goes to the Supreme Court, I believe.
Supervisor Morey
– And he’s got to take it down on his expense, right?
Mr. Coats
– We take it down and bill it to him or put it on his taxes. The judge would issue that,
I assume. I was hoping he would be here and we would write a stipulation and give him like the
first of October to have it down and buried and seeded and whatever. If he agreed to that and
signed it, that would be binding. So, it goes to the Supreme Court and the judge has to make a
ruling. And what happens if he sells it in the mean-time? He’s buying it on a land contract, as I
understand. He told me that if the costs come back to him, he is going to throw it back to Muka.
We did this once before, Judge Rielahan signed the order and before it got torn down it was sold.
I don’t know what the procedure is once we get the order from the judge, if we have to put it out
to bid or if can I just hire somebody.
Councilman Scheffler
– That land contract with Muka, that generally means Muka is still
holding the deed. So, we may be going after the wrong people.
There was some more discussion on the subject. The Board thought that they should proceed and
name both the owner of the land and the holder of the land contract or mortgage.
Supervisor Morey moved to close the Public Hearing, seconded by Councilman Sovocool, at
8:13 PM.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RETURN TO REGULAR SESSION
RESOLUTION #05-079 – PROCEED WITH REMOVAL OF UNSAFE BUILDING
MOVED
by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,
that the Town Board hereby authorizes the Town Attorney to proceed against
registered owner to commence proceedings in New York State Supreme Court to request
removal or demolition of unsafe building located on 924 Lick Street, Tax Map Number 16.-1-
16.1.
Town Board Minutes Page 6 August 9, 2005
April L. Scheffler, Town Clerk/Tax Collecto
r – Was absent but submitted her monthly report
for the Board’s review as well as the following requests:
1)September Board Meeting needs to be rescheduled due to Primary Day.
2)I would like for myself and deputy to attend a records management seminar entitled
“Providing Access to Your Records” on Sept. 14 at the Ithaca Town Hall and request that
the Town pay expenses for the lunch and mileage.
3)The Olde Home Days Committee has asked that the Town permit the use of a copy
machine for copying the event map that will be inserted into the Olde Home Days
Brochure. (Approximately 3000 copies) In an effort to keep costs down, we are
producing the map ourselves. The Committee will provide the paper and is in hopes that
you will generously supply the copy machine. The map is still in progress and will be
updated right up to a few days before the event. There will also be a list of events, times
and sponsors on the back. The Shopper has provided extra copies to be used as posters
(at no extra charge above the cost of our ad). I have given you each one of these so you
can see what is scheduled so far.
RESOLUTION #05-080 – RESCHEDULE SEPTEMBER BOARD MEETING
MOVED
by Supervisor Morey, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,
that the Town Board hereby reschedules the regular September Board Meeting for
Monday, September 12, 2005 at 7:30 PM.
RESOLUTION #05-081 – TOWN CLERK & DEPUTY TO ATTEND SEMINAR
MOVED
by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,
that the Town Board hereby approves expenses for the Town Clerk and Deputy
Town Clerk to attend a records management seminar entitled “Providing Access to Your
Records” on Sept. 14 at the Ithaca Town Hall.
After some discussion on the use of a copy machine for the Olde Home Days map, the Board
decided that they would rather not use a Town machine for that many copies, and the following
motion was made:
RESOLUTION #05-082 – TOWN TO PAY FOR OLDE HOME DAYS MAPS
MOVED
by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,
that the Town Board hereby approves the Town paying for 3000 copies of the
Olde Home Days map at whatever place is found to be the least expensive.
Town Board Minutes Page 7 August 9, 2005
Victoria Monty, Attorney for the Town
– Would look into the legal aspects connected with the
924 Lick Street property.
A. D. Dawson & John Norman, Town Justices
– Submitted their monthly report for the
Board’s review.
Councilman Donald Scheffler, as Recreation Coordinator
– The past 3 years have been a
learning experience for Groton recreation. We have worked hard to get the program started, and
I thank and commend Marcia Larsen, our Recreation Director, and the Joint Town & Village
Recreation Committee. We have focused in the past on “getting the bugs out” and doing a few
events and doing them right. Our focus in the coming year will be to sponsor more events and
activities, be more visible in the community, and provide the Town and Village with a more
diverse agenda of cultural activities. We are at the point where we feel comfortable expanding
the program and will work toward that end. If anyone has any suggestions for what they would
like to see happen in Groton, please let Marcia or one of the committee know. My thanks also
go out to the Town and Village Boards and the taxpayers for supporting this program.
George Frantz
presented the draft Comprehensive Plan to the Town Board and explained the
next steps in the procedure that result in adoption of the plan.
RESOLUTION #05-083 – TOWN BOARD DESIGNATION AS LEAD AGENCY
FOR ENVIRONMENTAL REVIEW
OF JOINT TOWN & VILLAGE COMPREHENSIVE PLAN
MOVED
by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
WHEREAS,
The Town of Groton Comprehensive Plan Committee, working in concert with the
Village of Groton Planning Board has completed a Draft Joint Comprehensive Plan for the Town
and Village of Groton, New York, and
WHEREAS,
the adoption of a comprehensive plan is a Type I action per Part 617.4(b)(1) New
York Codes, Rules & Regulations (NYCRR), and
WHEREAS,
after consultation with members of the joint planning committee, Village officials
and staff of the New York State Department of State, the Town of Groton Town Board chooses
to establish itself as lead agency for environmental review of the Draft Joint Comprehensive Plan
for the Town and Village of Groton, New York as provided for in Part 617.6(b) NYCRR.
NOW, THEREFORE, BE IT RESOLVED,
that the Town Board hereby designates itself lead
agency for environmental review for the Draft Joint Comprehensive Plan for the Town and
Village of Groton, New York, and
BE IT FURTHER RESOLVED,
that it seeks concurrence from the Village of Groton Village
Board and other potential involved agencies as defined in Part 617.6 NYCRR for its designation
as lead agency for environmental review.
Town Board Minutes Page 8 August 9, 2005
RESOLUTION #05-084SUPPORT COLLATERAL SOURCES BILL
-
WHEREAS,
there has been introduced before the New York State Senate and the New York
State Assembly a bill known as S.1544/A.4354 entitled “an act to amend the civil practice law
and rules, in relation to equalizing the treatment of collateral sources in tort actions, to repeal
subdivisions (a) and (b) of section 4545 of such law and rules relating to collateral sources in
certain tort actions and to repeal subdivisions (d) and (e) of rule 4111 of such law and rules in
relation to itemized verdicts in certain tort actions”, and
WHEREAS,
this bill will equalize the treatment of collateral sources in tort actions against
public defendants by applying the same standard used in cases against private defendants and
will allow collateral sources to offset damage awards for future costs and expenses in actions
against publics employers, thereby preventing double recoveries.
NOW, THEREFORE BE IT RESOLVED,
that the Town Board of the Town of Groton hereby
expresses its support for the enactment of New York State Senate Bill S. 1544 and New York
State Assembly Bill A. 4354 and be it
FURTHER RESOLVED
, that certified copies of this resolution be delivered to the Honorable
Joseph Bruno, Majority Leader, New York Sate Senate; the Honorable Sheldon Silver, Speaker,
New York State Assembly; the Honorable Richard Platkin, Counsel to the Governor; the
th
Honorable Barbara Lifton, Assembly Member for the 125 District; the Honorable James
st
Seward, Senator for the 51 District.
2006 Budget Work Session
The Board set the initial for September 7 at 7:00 PM.
Announcements:
Planning Board Meeting – August 18 – 7:30 PM
Public Hearing on Comprehensive Plan – August 17 – 7:30 PM
Groton Olde Home Days - August 19-21
Tompkins County Farm City Day – Marquis Freebrook Farm in Freeville
Thank you from Tom Guihan Family
Thank you from McLean Community Council for donation towards fireworks
There being no further business, Councilman Sovocool moved to adjourn, seconded by
Councilman Scheffler, at 8:40 PM. Unanimous.
April L. Scheffler, RMC
Town Clerk