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HomeMy WebLinkAbout12-13-2005 TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING & PUBLIC HEARING ON PROPOSED LOCAL #4 FOR THE YEAR 2005 TUESDAY, DECEMBER 13, 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: Christopher Muka, Richard Van Donsel, Tyke Randall, Betty Sperger, Glenda Horton, Dyan Lonbardi, Carla Simpson, Monica Ruzicka, Julie Whitmore, Sandra Beach, Gary Coats, Richard Case, Liz Brennan, Tena McClary, April Scheffler, several others. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes of the November 1, 2005 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. MOVED by Councilman Scheffler, seconded by Councilman Clark, to approve the minutes of the November 1, 2005 Public Hearing on the 2006 Fiscal Year Budget as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. MOVED by Councilman Gamel, seconded by Councilman Sovocool, to approve the minutes of the November 1, 2005 Public Hearing on the 2006 Fiscal Year Fire and Ambulance Budgets as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. MOVED by Councilman Scheffler, seconded by Councilman Gamel, to approve the minutes of the November 1, 2005 Public Hearing on the Community Development Block Grant as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. General Fund Claim Numbers 356-434 of the in the amount of $29,324.23 were presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Town Board Minutes Page 2 December 13, 2005 Highway Fund Claim Numbers 195-218 of the in the amount of $49,636.92 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Gamel, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Privilege of the Floor Christopher Muka – As you know, I own the house on 924 Lick Street and I am here tonight to ask the Town Board to please consider giving me a building permit. I already requested one but I hear today that the litigation has returned some sort of a decision by the Supreme Court Justice Mulvey. I haven’t read it yet but it may not be in my favor. I did not go to this last court because I actually for some reason felt that I was making progress on the house and that there was no need for me to go because I thought I was doing something positive in the Town’s eyes and that it was going in the right direction and I didn’t go. I didn’t think the Town was going to go, actually. So, I think I made a mistake, not going there to tell the judge my side but that’s done; that’s over. I still worked a lot on the house. I think that any of you who have been to the house or at least driven by can notice that it’s clean, that it’s boarded up, that there’s posted signs on it. I’d like to continue the efforts to restore this home and I’m just hoping that you can give me a chance. I’d like to get a real building permit and I will put the time in and the money in to continue with this project. In the past I didn’t think it was important whether or not the house was for sale but the more I read into the documents that the Town had, I guess that was an issue. If you give me a building permit or even right now, I will not try to sell the house. I will only concentrate on repairing it and restoring it. That’s important. It seems to be important to the Town and it’s the Town law that needs to be followed. I didn’t think that was a problem but I guess that’s a big issue. Attorney Monty – You have been enjoined from selling the specific property by the order of the court. Mr. Muka – Yeah, I guess I didn’t really understand that but maybe, well, I’ve been trying to work with the Town. I’ve been coming in and talking to people and I’d like to make sure that I don’t inadvertently continue to do something that I’m not supposed to do. So, I apologize if you thought I was doing that on purpose just to break the law because I’m not interested in breaking the law. I would like to restore this house and I’d like a one-year building permit and after that time make your decision. I’d like a chance. I just repossessed it. I didn’t have a building permit. I applied for one but I don’t have one and I can’t do any major repairs. But if you give me the building permit I will put in the time and the money to work on it real hard. It won’t be for sale and I won’t sell it. And after that building permit is expired, hopefully, I plan on having it finished in one year to a point where the Town has no problem with it in any way. If it isn’t at that point, I’ll do whatever you want; I’ll tear it down; I’ll do whatever you want. I just want one more chance. I don’t think anyone who’s owned it has ever asked for this or shown any intention on making good of that. Under the circumstances with the history of this house, it may seem unreasonable for you to consider this offer, however, it may be the first offer you’ve had to have the house repaired. And I am serious about it. So, I guess that’s really all I have to say and I hope you can give me a chance. Town Board Minutes Page 3 December 13, 2005 Supervisor Morey – Gary, how many times has a building permit been issued for this piece of property? Gary Coats – I’ve never issued one. I have an application for a building permit on my desk now from Mr. Muka but I haven’t acted on it. I think Mr. Robinson applied for one once. He applied for a demolition permit and had a demolition permit and never tore it down. Supervisor Morey – How many times has this property been transferred in ownership? Mr. Coats – As far as I know it went from Coit, to, I think Mr. Muka; Muka sold it to Robinson; Robinson gave up his rights to it; Mr. Muka has had it since then. Councilman Sovocool – I go along with the judgment. Councilman Scheffler – I think we have to, don’t we? Councilman Sovocool – It’s been a number of years since we’ve tried to do something with this and nothing has ever happened to it. Councilman Gamel – Mr. Muka, I was one of the ones that was fighting for the property for you. I wanted to see part of that saved. As you know, I was up there, I looked the property over, and I think those of us who were there concluded that one side needed to come down but the main structure could stay had you shown up for this court date. I think it’s out of our hands at this point. I think, had you shown up, I think you would have had your wish but you, for whatever reason, didn’t show up to a Supreme Court date on this house that you put whatever amount of time into. I think you let it go. I think we did what we could for you and I think it’s beyond our control at this point. I think, had you shown up, I think you would have got your wish but I think because you didn’t show it was just assumed that you didn’t care and I guess that’s what the judge ruled in favor of. So, I don’t think it’s really an issue for us at this point. Mr. Muka – I haven’t read what this says. Councilman Gamel – Maybe you should read that. Mr. Muka – I’m assuming that your attorney has read it. Maybe she could explain to all of us what it says so that I know what the judge said. Is that possible? Attorney Monty – That’s entirely up to the Board. I think the decision has been made …..(not picked up on microphone)….. Mr. Muka – I guess my question is, is this an order to the Town from the judge that the Town has to tear it down or that you have the option to tear it down? I don’t know if this requires the Town to act on it or gives the Town permission to act….. Councilman Scheffler – It says “ be demolished and removed in accordance with the Town’s Unsafe Building Law.” Mr. Muka – Is it required by the court or is it just the court saying you can do it? Councilman Gamel – It says it’s ordered. Town Board Minutes Page 4 December 13, 2005 Councilman Scheffler – Ordered by the court. Mr. Muka – What is ordered? Councilman Sovocool – Demolition. Councilman Scheffler – Demolition and removal. Supervisor Morey – Second paragraph. Mr. Muka – (Took a moment to read what the order said.) Attorney Monty – I think the Town has been down this path before and……….. Mr. Muka – Yeah, I guess if it doesn’t give you any other options to do, if it’s been ordered by the Supreme Court, and you don’t have an option not to tear it down then I would agree that there’s nothing you can do. Supervisor Morey – Weren’t you subpoenaed to come to the Supreme Court? We were willing to sit down with you and talk to you. In fact the judge wants everybody to negotiate terms and try to resolve their cases. Why didn’t you come? Mr. Muka - Like I said before, I didn’t think I needed to go because I had been communicating with the Town. Everything that I heard was good. The people who came to inspect the house agreed with me. I agreed with what they said and we were working together. I didn’t think I was supposed to go. No one said are you going to go up to the court. I didn’t think I was supposed to. Attorney Monty – If a person is served with an order to show cause signed by the………. Mr. Muka – I haven’t been involved in stuff before. I buy and sell land. I know how to write a deed. I’m not that good with the paperwork, okay? But I do know what I was trying to do and I do know what I felt ………?...... And also, this has been going on for a long time but it hasn’t been all with me. I’m only a recent owner of this building. I mean, I understand what you’re saying. It’s been a nuisance for a long time but it hasn’t looked this good in ten years or probably twenty years. It is no longer a nuisance. Even at this moment it’s secured. There’s very little in this list of things that causes you to have that decision that exist now. You know, it may be unusual for you to give someone a chance under these circumstances but I think that it would continue to be wasteful of your time, even though you have spent a lot of time on it, it would be wasteful to tear it down. It would be costly to the Town to tear it down. It would be devastating to me financially and it would take it off the tax roll. I don’t see anything positive. I think the best choice right now is to give me a chance. Supervisor Morey – I think we did. Councilman Sovocool – We did, I think. Mr. Muka – Okay. I can understand that. What do you want me to do from here then? What’s going to happen? When is it going to be torn down? I understand maybe there’s been bids and Town Board Minutes Page 5 December 13, 2005 people hired or something and……..I have personal belongings in there and tools and equipment ant things that I would want to remove. Attorney Monty – We have recently received the signed order. There is no date for demolition. Mr. Muka – Will someone notify me before, and maybe a few days before, so that I can make sure that I have whatever I need out? Supervisor Morey – Of course. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk – Submitted monthly reports and asked for budget transfers. RESOLUTION #05-116 – 2005 BUDGET TRANSFER – GENERAL FUND MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2005 Budget Transfers: General Fund – Town Wide: From: Contingency A1990.4………………………$45.89 Engineer A1440.4………………………...3,572.05 To: Buildings, Personal Service A1620.1………564.66 Health Insurance A9060.8………………..3,053.28 RESOLUTION #05-117 – 2005 BUDGET TRANSFER – HIGHWAY FUND 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 Transfers: Highway Fund – Town Wide: From: Sick Leave DA5142.12……………….$3,855.16 To: Health Insurance Da9060.8……………3,855.16 Gary Coats, Code/Fire Enforcement Officer – Submitted monthly report. The total for 2005 is about 34 houses. Double wides count in that and multi-residents. All those numbers don’t include the numerous additions that people have made like garages and decks. There’s a $250,000 addition to a house out near Sheldon and a large addition on Bossard Road that aren’t included. I’ll need some direction from Vicki on how to follow up on what we just talked about Town Board Minutes Page 6 December 13, 2005 with Mr. Muka. I have read our procurement policy and how we go about that. I have talked to various people off the record that this would be coming down the pike. How long a timeframe are you looking at for something like that. I don’t know if Mr. Muka can take it down himself now. Attorney Monty – It wouldn’t be advisable. Gary Coats – Okay. I’m going to talk to Vicki in the next day or so. The Life Safety Inspections are going ahead as usual. The Davis Road property with the mobile home fire has been cleaned up now. I think he moved a camper in there but the only thing that remains is the pad. Supervisor Morey – When you get the prices for demolition, will you get to Liz because she’s going to have to accrue some money. There was some discussion about the procurement policy. Councilman Scheffler asked about the trailers on Brown Road. Mr. Coats said that he stops by regularly and they are not living in the mobile home but are living in the recreational vehicle and that the motor vehicles there were legal vehicles. He said there was a question about the ownership of the land and it was in litigation. Richard C. Case, Jr., Highway Superintendent – At the present time, the Highway Department has been busy finishing cross-over pipe installations, lining ditch washouts with oversize stone and tree and brush removal. On a bright note, one of our drainage problems, being Stevens Road from the bridge east, did not go under water with the heavy rain that we received in November. The shop has been busy with preventive maintenance, NYS heavy truck inspections, everyday repairs and finishing the snow equipment changeover. It is to the fellows’ credit that we have made a smooth transition from summer mode to winter mode, without any equipment downtime. I have one personnel matter that requires a Board resolution. With your permission, I would like to move Jeffrey Brockway from the laborer position to the motor equipment operator position at a pay rate of $14.25 per hour. Jeff has been a Town employee for over 2 years. He has shown a desire to learn equipment operation and heavy-duty maintenance. Jeff has obtained a Class B operators license and has proven that he can operate tandem trucks, rollers, tractors and loaders safely and efficiently. He also has displayed fabrication skills and has assisted the mechanic in the shop. I request this promotion take place as of December 5, 2005. RESOLUTION #05-118 – PROMOTION FOR JEFF BROCKWAY MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the promotion of Jeff Brockway from Laborer to Motor Equipment Operator at a pay rat of $14.25 per hour, effective December 5, 2005. Town Board Minutes Page 7 December 13, 2005 Councilman Donald Scheffler, for Joint Recreation Committee – Marcia Larson resigned as Recreation coordinator on November 2, 2005. Since that time our Recreation Committee has divided up and assumed the duties of the director so that we have no lapse in any of our th programs or paperwork. At our November 6 meeting, we met with Viola Fitzgerald who as agreed to help out on a temporary basis for a couple of months. Winterfest is planned for February 18, 2006 and we hope to see everybody there. Victoria Monty, Attorney for the Town – Had nothing to report. PUBLIC HEARING Purpose of the Public Hearing was to review Proposed Local Law #4 for the Year 2005 pertaining to exemption from taxation for people with disabilities and limited incomes. Supervisor Morey opened the Public Hearing at 8:00 PM. The Notice of Public Hearing was read by the Clerk as published in the Town’s legal paper, the Groton Independent, on December 7, 2005. No written responses had been received. Supervisor Morey asked for public and Board comments. No one wished to comment. Clerk pointed out that this would not affect taxes for 2006 but people would have to apply for the exemption in 2006 in order to have it affect their 2007 taxes. Dyan Lombardi asked if they would have to apply in a way similar to the application to the STAR exemption and she was told yes. There being no further comments, Supervisor Morey moved to close the Public Hearing and return to regular session, seconded by Councilman Sovocool, at 8:06 PM. RETURN TO REGULAR SESSION RESOLUTION #05-119 – APPROVE PROPOSED LOCAL LAW #4 FOR THE YEAR 2005 MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board does hereby approves Local Law #4 for the Year 2005 entitled a Local Law Providing an Exemption from Taxation by the Town to Persons with Disabilities and Limited Incomes. Monthly Reports, Continued: April L. Scheffler, Town Clerk/Tax Collector – Submitted monthly reports for November and December. At the present time we are clearing up some of the projects we’ve been working on and getting ready for tax collection. I have given you each a copy of an editorial that the clerks and tax collectors will be submitting to the Ithaca Journal and other local papers concerning the changes being implemented by Tompkins County. We feel that it is important to inform the Town Board Minutes Page 8 December 13, 2005 public that they will be paying much more in interest and penalties if they wait until April to pay their taxes. The Assessment Department is no longer printing the bills in-house but sending them out to be printed and told us that they expected delivery sometime around December 16. We have spent the summer working on our project with Chattel Mortgages and Conditional Sales. Thanks to Tena and our summer youth worker, Stacie Vance, we have it more than half done and will continue when time allows. I am already making plans for our next project. Peg and I recently did a preliminary needs assessment of the court records with the idea of applying the remainder of the 2005 records management money to these records. I knew that these records needed some attention but was surprised at how extensive the need is. We have court dockets going back to 1845. There are 118 docket books, most of which are permanent records and 40 - 50 of these are in fragile condition and need preservation as soon as possible. Even so, I feel that we shouldn’t rush into this just because we have some money to spend this year. We have a plan but we need time to explore the best and most economical way to preserve this very large amount of documents. Therefore, I would like to request that you make a resolution to take the money left in Restore Records, A1410.41 - $150.00 and Records Management, A1410.42 - $775.00 for a total of $925.00 and encumber this to Records Management, A1410.42 for 2006. Supervisor Morey – What’s the definition of preservation? Is it covering things with plastic? Clerk Scheffler – It could be several things. You know we have the money that we use to preserve the books that we send out, that $5,000. That’s a very expensive way to do it. For that $5,000 we get four or five books done a year. When we looked at what was in there we thought that it might be better to use the plastic sleeves, like with did with the military rolls that we brought in to show you that one time, in the plastic sleeves and notebooks. Some of the books will be combined. We won’t have 118 books when we get done. We feel that instead of doing a few books for the amount of money that we have, we could probably do all of them. But we really want to have time to find the right thing to do it with, the right binders and everything. Supervisor Morey – Great. You are doing a great job and it does look fantastic. It would be a shame if any of the books got water damage or anything like that. Clerk Scheffler – We’ve been working through the assessment books. I think we’re up to 1926 and the covers are crumbling but the paper in them is still good. They are not too bad but these court records from the 1800’s, the paper is starting to crumble and they really need to have something done with them soon. RESOLUTION #05-120 – ENCUMBER FUNDS FOR RECORDS MANAGEMENT MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board does hereby approves encumbering funds from the 2005 Budget to the 2006 Budget as follows: From 2005 Budget: Restore Records, A1410.41………………….…$150.00 Records Management, A1410.42……………….$775.00 To 2006 Budget: Records Management, A1410.42……………….$925.00 Town Board Minutes Page 9 December 13, 2005 RESOLUTION #05-121 – WAIVE BUILDING PERMIT FEES FOR SMALL CITIES GRANT APPLICATION MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board does hereby waives the building permit fees for building permit applications for projects being sponsored by the Town of Groton Small Cities Housing Rehab Grant. Julie Whitmore, Sandra Beach, Carla Simpson and Monica Ruzicka, from Broome Developmental Disabilities Services Center, spoke to the Board about a 19-acre sight at 1950 Peruville Road as a home for 6 children, ages 6-17, with developmental disabilities. It is currently a 3-bedroom but has a large garage that will be converted to two more bedrooms. Staff would consist of three people on weekends and holidays, two overnight and one while children are at school. Typically, children remain in these homes while they are in school and after that time the parents usually wish them to move into adult homes. They planned to meet with the McLean Community Council and would also be in contact with the Code Enforcement Officer concerning any required permits. Richard Van Donsel was present to represent the Groton Fire Department, which is looking to purchase some property and Mr. Van Donsel’s firm is recommending that the Fire Department restructure and incorporate so that they can legally hold property. There was some history of improper formation of a corporation that needs to be corrected and make sure that they are in compliance and approved through the Department of State. The Town and Village will need to approve that incorporation. In advance of a resolution to approve, the Town and Village will have to have a public hearing and Mr. Van Donsel asked that a date could be set for that. The corporation does need to be in place before the Fire Department can act properly to purchase the land. There are clearly some issues with the Village and they are working with Mr. Grossman, the Village attorney to resolve those issues as well Mr. Dempsey on insurance issues, workers compensation issues, liability issues and property protection issues. They may not go so far as to create a separate district but are trying to create a structure that they can operate from, the whole property, separate from the Village and deal with some of the equipment issues that need to be addressed. This is the first step in getting there. There was some more discussion on the subject. Basically, the Fire Department wants to own the property and as it stands right now, they cannot legally do so. Also, by creating a not-for- profit corporation, they will be able to receive more donations and be eligible for grants. There would not be much of a change for the Town since it simply contracts for the services. RESOLUTION #05-122 – SET PUBLIC HEARING ON FIRE DEPARTMENT INCORPORATION MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board does hereby sets a Public Hearing for the purpose of reviewing the proposed incorporation of the Groton Fire Department for Tuesday, February 14, 2006 at 8:00 PM. Town Board Minutes Page 10 December 13, 2005 Supervisor Morey – Next year I’m going to ask the Board to approve an Ag Advisory st Committee which will be made up of five local agricultural businesses. On December 1 we had a learning session for the ZBA and the Planning Board and what came about is that we need an agricultural advisory committee for the boards because they need some advice. Also, I’m going to request that we take our comprehensive plan people and keep them in effect for the new zoning ordinance issues that we have. It worked really well and I think this will too because prior to the comprehensive plan I asked the ZBA and the Planning Board to take it upon themselves to find out what they thought was positive and negative about the building codes so we’ll be asking the boards for that also. But we also need an advisor and George Frantz has given us an estimate of $14,000 and most likely it would go over a two-year period. So it would be $7,000 a year to hire him to help us out. If anybody can think about that and let me know later on, I would appreciate it. Gary Coats – I know Thoma Associates has a guy on staff who does this particular thing for communities. I don’t know what they would cost. Supervisor Morey asked Mr. Coats to call Thoma Associates and ask them to submit a proposal. RESOLUTION #05-123 – APPROVE 2006 HIGHWAY CONTRACT MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED , that the Town of Groton Highway Employees be granted the following for the year 2006: 1)$.68 per hour raise in pay across the board. 2)Raise limit on accumulating sick time hours from 720 hours to 800 hours 3)Allow surviving spouse to continue on health insurance plan at Town rate, with surviving spouse paying 100%. 4) Town will pay 80% of health insurance premiums for employees RESOLUTION #05-124 – SCHEDULE ORGANIZATIONAL MEETING MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board does hereby sets the 2006 Organizational Meeting for Tuesday, January 10, 2006 at 7:30 PM. Town Board Minutes Page 11 December 13, 2005 Announcements: Thank you note from Catherine Holden Family GBA Holiday Open House, Benn Conger Inn, December 14, 5:30PM 2006 Town Officials Training School, NYC, February 19-22 Appreciation Party for George Dentes, George Totman, Tom Todd, & Dan Winch, December 15 at Dempsey’s No Planning Board Meeting for December McLean Community Council, January 13 Thank you note from Tena McClary Executive Session Supervisor Morey moved to enter into , seconded by Councilman Gamel for the purpose of discussing litigation at 8:38 PM Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Regular Session, Councilman Scheffler moved to reconvene to seconded by Councilman Sovocool at 8:46 PM. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Supervisor Morey stated that action taken within Executive Session was that the Board authorized the attorney, Victoria Monty, to write a letter to Tompkins County Trust Company in regard to Diversified Technologies. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:47 PM. Unanimous. April L. Scheffler, RMC Town Clerk