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Home My WebLink About2006-09-19 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, SEPTEMBER 19, 2006 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: Dewey Dawson, John Norman, Gary Coats, Elizabeth Brennan, Richard C. Case, Jr., April Scheffler. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the minutes of the August 8, 2006 meeting as presented. Ayes - Sovocool, Scheffler, Clark, Morey. Claim Numbers 259-306 of the General Fund in the amount of$38,251.73 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Scheffler, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Clark, Morey. Claim Numbers 139-157 of the Highway Fund in the amount of$29,185.03 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Scheffler, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Clark, Morey. Claim Numbers 31-37 of the Special Grant (HUD) Fund in the amount of $53,141.89 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Sovocool, to approve the HUD bills for payment. Ayes - Sovocool, Scheffler, Clark, Morey. Town Board Minutes Page 2 September 19, 2006 Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk — Presented monthly reports for the Board's review and requested budget transfers and a budget amendment. Discussion took place about transferring part of the Dog Reserve fund to Dog Control to pay for the new copy machine. RESOLUTION #06-071 —2006 BUDGET TRANSFER— GENERAL FUND MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED,that the Town Board hereby approves the following 2006 Budget Transfer: General Fund— Town Wide: From: Contingency A1990.4 289.65 To: Attorney, Misc. A1420.41 .289.65 RESOLUTION# 06-072 —2006 BUDGET TRANSFER—GENERAL FUND MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED,that the Town Board hereby approves the following 2006 Budget Transfer: General Fund—Part Town: From: Contingency B1990.4 1,771.20 To: Youth Program B7310.1 1,771.20 RESOLUTION#06-073 —2006 BUDGET TRANSFER—HIGHWAY FUND MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED,that the Town Board hereby approves the following 2006 Budget Transfer: Highway Fund— Town Wide: From: Brush, Personal Services DA5140.1 3,133.57 To: Bridges, Personal Services DA5120.4 .3,133.57 Town Board Minutes Page 3 September 19, 2006 RESOLUTION#06-074—AMEND 2006 BUDGET MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board hereby approves the following amendment to the 2006 Budget to account for County Celebration Funds: Debit: A2389 for Halloween 400.00 A2389 for Happenin' in the Hamlet 1,500.00 Credit: A7550.4 Celebrations (Halloween) .400.00 A7550.4 Celebrations (Happenin' in the Hamlet) 1,500.00 Gary Coats, Code/Fire Enforcement Officer — Submitted his monthly report for the Board's review. The month has been very busy with more business being done in this first part of September than all of August. There has been some development on the property on Brown Road. John Anderson, III is the owner of the property and the person who was living there has been evicted and has started moving out. The trailer has been moved out and there are three campers there, one that is torn apart. There is a guy buying it for the back taxes and is going to bulldoze the whole thing flat and said that he could clean it up. I told him everything I wanted done and he said he could do it. Anything left will be dismantled for scrap. He doesn't plan on living there,just put a small camp on the back part of the property and just come there weekends. I gave you an update on the Lick Street property. A windmill is going up tomorrow on Bird Cemetery Road. Richard C. Case, Jr., Highway Superintendent — The last three months have shown how versatile and articulate the Town of Groton Highway Department is. As you know, paving of Old Stage Road and Lick Street has been completed. Now, thanks to the Town of Cortlandville lending us their shoulder machine, the shoulder portion of this project is complete. Extensive bridging work has been done at the intersection of Elm and Lick Streets. The excessive water drainage we have had this year has revealed structural damage to the pipes located on both of these roads. Both are functional now and when time and manpower allow, the erosion control portion of the project will take place. Several miles of shoulders have been both cut and filled. All gravel roads have been honed and rolled twice and in some places three times. Intersections have been hand and power broomed three to four times. Roadside mowing is continuing. Pot holes have been filled. Some time has been taken to assist other municipalities. Just last week we assisted the Village in completing their paving for the season. Through this, there has been little breakdown time of equipment. The shop preventive maintenance program has stayed intact. I could go on with several other applications of the Highway Department this summer, but the bottom line is, everything within the Highway Department is functional and progressing. My thanks go to the Highway employees, Town of Cortlandville, Town of Caroline, Town of Locke, Town of Dryden, Tompkins County Highway Department, Groton Village DPW and Town Board Minutes Page 4 September 19, 2006 Light Crew and the Groton Fire Department. All have shown municipal cooperation is alive and well. I was just notified that the first of the tandem snowplow trucks is at Viking Cives and next week we will meet with the engineers to set up the specs for the mounting of the dump body and plow equipment. Mr. Case gave the Board and Attorney Monty copies of the Village of Groton sidewalk law for them to review. A PERMA Safety Award had been received and the 2007 Snow and Ice Contract was ready to be signed. RESOLUTION#75—REQUEST LOWER SPEED LIMIT FOR PLEASANT VALLEY ROAD MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Clark, Morey WHEREAS, the residents living on Pleasant Valley Road in the Town of Groton have presented the Town Board with a petition requesting that the speed limit on Pleasant Valley Road be lowered to 45 mph, and also that this speed limit be clearly posted. The residents stated that drivers habitually exceed the speed limit on the road putting other drivers, children and pets at risk, and WHEREAS, the Town Board of the Town of Groton has considered this request as well as the structure of the secondary road and believes that the best interest of the public would be served by lowering the speed limit on the road. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Groton does hereby request that the County of Tompkins and the State of New York move to lower the speed limit on Pleasant Valley Road, from its intersection with Old Peruville Road to the Groton/Lansing Town Line, to 45mph and that this speed limit be clearly posted. RESOLUTION#06-076—2007 SNOW & ICE AGREEMENT MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Clark, Morey WHEREAS,Highway Law Section 135a of the State Highway Law and General Municipal Law Section 119-0 authorizes a County to contract with a city, town or village for the removal of snow from county roads, or for sanding or otherwise treating subject to the approval by resolution of the legislative bodies contracting for said services, and WHEREAS, the County of Tompkins wishes to contract with the Town of Groton for the plowing, salting and sanding of such County located within the Town of Groton, Town Board Minutes Page 5 September 19, 2006 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Groton hereby approves the 2007 Snow and Ice Agreement with the County of Tompkins in the amount of $123,770.53 and directs the Town Supervisor and Highway Superintendent to execute said agreement. April L. Scheffler, Town Clerk/Tax Collector — Submitted her monthly report for the Board's review. She informed the Board that the Deputy Clerk would probably be out of work on disability for 6 to 8 weeks and has asked Liana Klumpp to help out part time. RESOLUTION #06-077—APPROVE WAGE FOR TEMPORARY, PART TIME DEPUTY CLERK MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Morey Nays—Clark RESOLVED, that the Town Board hereby approves the wage of $9.00 per hour for Liana Klumpp as temporary,part time Deputy Clerk. Victoria Monty, Attorney for the Town — Told the Board that she was working on a sidewalk law that closely resembles the one that the Village of Groton has and suggested that they possibly have a public hearing on that in November. John Norman & A.D. Dawson, Town Justices — Submitted their monthly reports for the Board's review. Judge Norman told the Board that the Court had been extremely busy RESOLUTION #06-078 — COURT TO ATTEND CONFERENCE MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board hereby approves payment of expenses for the Judges and Court Clerk to attend the State Magistrates Association and New York State Association of Magistrate Court Clerks Conference to be held October 8— 11, 2006 at the Nevele Grande. Councilman Donald Scheffler, as Recreation Coordinator — Reported that summer programs were over. The annual Halloween party is scheduled for October 28 and there are several organizations working on that. Viola Fitzgerald is working on some new adult programs for fall and applying for grants for Winterfest. Town Board Minutes Page 6 September 19, 2006 RESOLUTION#06-079—APPROVE AND ADOPT CAFETERIA PLAN MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED,that the form of cafeteria Plan effective October 1, 2006,presented to this meeting is hereby approved and adopted and that the duly authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the Plan and be it further RESOLVED, that the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan and be it further RESOLVED, that the duly authorized agents of the Employer shall act as soon as possible to notify the employees of the Employer of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved. Supervisor Morey explained to the Board that Tompkins County was considering no longer sponsoring the Recreation Partnership programs. Currently the County contributes of$70,000 to the program and the Town of Groton's portion is $300 - $400. About 99 children from Groton have participated per year. If the County decides to no longer participate in the partnership, it will take 13 months for them to get out of it. The Town will have to decide whether to continue in the partnership and pay its share of the $70,000 or opt to get out also. Some of the Councilmen felt that our local programs are very good and perhaps we should consider just funding those programs. Supervisor Morey asked them to think about it. Budget Work Session Schedule: Thursday, September 21 @ 5:00pm—Court Monday, September 25 @ 4:00pm—Highway Employees @ 4:45pm—Town Clerk Tuesday, September 26 @ 7:00pm—Highway Superintendent Thursday, September 28 @ 7:00pm Discussion took place on the Christopher Muka property on Lick Street that resulted in the following resolution. Town Board Minutes Page 7 September 19, 2006 RESOLUTION#06-080—PROPOSAL FOR 924 LICK STREET PROPERTY CHRISTOPHER MUKA MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Clark, Morey WHEREAS, a building owned by Christopher H. Muka, located at 924 Lick Street, Tax Map #16.-1-16.1, in the Town of Groton was ordered to be demolished and removed in accordance the Town of Groton Unsafe Building Law by an order dated November 30, 2005 and signed by Supreme Court Justice Robert C. Mulvey, and WHEREAS, an Order To Show Cause, dated April 6, 2006 and signed by Judge Mulvey enjoined the Town of Groton from taking any action to demolish the property and thereby created an opportunity for Mr. Muka to continue to save the building, and WHEREAS, Mr. Muka failed to meet deadlines set by the Supreme Court and the Town of Groton subject to the April 6, 2006 order, which resulted in Judge Mulvey denying Mr. Muka's motion on August 24, 2006, and WHEREAS, Mr. Muka has recently communicated that it is still his wish that the building not be demolished and that he is willing to meet deadlines and adhere to stipulations imposed by the Town of Groton for reconstruction of the building, and WHEREAS, the Town Board feels that it may be in the best interest of the Town to allow the reconstruction of the building, NOW, THEREFORE, BE IT RESOLVED, that the Town Board will stay the demolition of the building if all of the following conditions are met by Mr. Muka no later than October 16, 2006: 1) Mr. Muka shall provide a $20,000 performance bond. 2) Mr. Muka shall pay all taxes due on the property to date. 3) Mr. Muka shall provide detailed architectural prints and plans for the reconstruction signed by a licensed New York State design professional. 4) Mr. Muka shall execute a schedule for the reconstruction with the Town of Groton Code Enforcement Officer. Said schedule shall have specific timelines that must be met by Mr. Muka. BE IT FURTHER RESOLVED, that if the above conditions are met by the October 16, 2006 deadline, the Code Enforcement Officer may issue a building permit to Mr. Muka for reconstruction of the building, and Town Board Minutes Page 8 September 19, 2006 BE IT FURTHER RESOLVED, that this is the final opportunity that the Town Board will offer to Mr. Muka and that the Town Board will not, under any circumstances, alter or extend the October 16, 2006 deadline. Announcements: ➢ Planning Board, September 21 at 7pm ➢ McLean Community Council, September 20 at 7:30 pm ➢ Training School for ZBA and Planning,November 29 at 7pm ➢ GBA September 20 at 6pm at the Benn Conger Inn ➢ GBA Fun at the Farm, September 30 7-9pm at Fouts Farm ➢ Zoning And Building Code Review Committee, September 21 at 7pm ➢ Groton Fire Department Annual Inspection, October 1, 10:30am ➢ Tompkins County Municipal Officials, September 26, 6pm at the Ichabod RESOLUTION#06-081 —SCHEDULE OCTOBER MEETINGS MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board hereby sets a Special Meeting for Tuesday, October 3, 2006 at 7:00 pm so that the Town Clerk can present the Tentative Budget to the Town Board and BE IT FURTHER RESOLVED, that the Town Board reschedules the regular monthly meeting to Tuesday, October 17, 2006 at 7:30pm with a Public Hearing on the 2007 Preliminary Budget at 8:00pm and a Public Hearing on the Groton Fire Department and Ambulance Budgets immediately following. Judge Dawson brought to the Board's attention a problem with the networking of the computers within the Town Hall and informed them that someone had been contacted from Best Buys to address the matter and ensure the security of the records kept by individual offices. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:40pm. Unanimous. April L. Scheffler, RMC Town Clerk Town Board Minutes Page 9 September 19, 2006