HomeMy WebLinkAbout2007-09-11 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING
TUESDAY, SEPTEMBER 11, 2007 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: Dewey Dawson, Gary Coats, Richard C. Case, Jr., Barbara Clark, Earl
Lenhard, Terri Vantine, April Scheffler.
MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes
of the August 14, 2007 meeting as presented.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 267-288 of the General Fund in the amount of$13,977.71 were presented for
audit.
MOVED by Councilman Scheffler, seconded by Councilman Gamel, to approve the General
Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 134-146 of the Highway Fund in the amount of$69,923.20 were presented for
audit.
MOVED by Councilman Clark, seconded by Councilman Scheffler, to approve the Highway
Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
There were no Special Grant(HUD) Fund bills presented for audit.
Privilege of the Floor:
Earl Lenhard from Elexco Land Services, Inc., was present to talk to the Board about leasing
the Town's land for mineral rights. The Town has around 51 acres that they are interested in
leasing at approximately $115 an acre for a surface lease or $100 an acre for a non-surface lease.
Town Board Minutes Page 2 September 11, 2007
The leases are for 5 years with an option to renew for another five years and the amount per acre
is paid all at once,up front, rather than prorated over the 5 years.
If a landowner doesn't lease their land and the company decides to drill in the area there are still
choices that could be made. One would be to become a partner with the drilling company and
pay a percentage of the cost of drilling the well, which could be 3-4 million, and if they hit
something, you get royalties and if they don't, you get nothing and loose your money. The
second option would to become a non-participating partner, where you would put no money up
front and if they drilled and found nothing, you lose nothing but if they drill and find something,
you pay your fair share out of your royalties with a 200% penalty because you didn't risk any of
your money up front. The third choice would be to become just a royalty participant in which
case you would have the same situation as you would if you leased it except that you wouldn't
have that lease money up front. Only 10 to 15% of all land leased ever gets into an actual
drilling unit so that probability that drilling will happen on your property is pretty small.
Supervisor Morey asked if there were any leases shorter than the 5 years. Mr. Lenhard said that
he didn't think so, although most everything in the lease is negotiable.
Councilman Gamel felt that there were definitely things that the Town should consider
negotiating if they decided that they wished to lease the Town property. It was decided that he
would meet with Mr. Lenhard and go over the contract to talk about changes and dollars and
bring it back to the Board.
Attorney Monty asked if Mr. Lenhard had leased to any other municipalities. He said he had
not. She was concerned as to whether the Board had the right to lease out the Town property and
would look into the legalities of that.
Monthly Reports:
Elizabeth Brennan, Bookkeeper/Highway Clerk - Was on vacation but had submitted monthly
reports for the Board's review.
RESOLUTION#07-057 - 2007 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 2007 Budget Transfer:
General Fund- Town Wide:
From: Records Management A1410.42 $664.96
To: Records Management Clerk A1410.12 664.96
Town Board Minutes Page 3 September 11, 2007
RESOLUTION#07-058- 2007 BUDGET TRANSFER
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,that the Town Board hereby approves the following 2007 Budget Transfer:
General Fund-Part Town:
From: Contingency B1990.4 $1,389.11
To: Youth Program B7310.1 . 1,389.11
RESOLUTION#07-059- 2007 BUDGET TRANSFER
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,that the Town Board hereby approves the following 2007 Budget Transfer:
Highway Fund-Part Town:
From: Workers Compensation DB9140.8 $285.08
To: Health Insurance DB9060.8 285.08
Gary Coats, Code Enforcement Officer - Presented his monthly report for the Board's review.
New State Code Books have been received. He gave a report on the Muka property on Lick
Street saying that it is secure for the winter; structural things are done; the kitchen is on site
although not installed; and the interior is about 75% gutted with all new floors. Mr. Muka is
working by himself and making substantial progress. It is a now a secure building for the first
time in 5 or 10 years.
The Planning Board will be entertaining an application for a not-for-profit cemetery on Chipman
Corners Road. Mr. Coats has asked Attorney Monty, Highway Superintendent Rick Case, and
someone from the New York State Division of Cemeteries to be in attendance. It is also Mr.
Coats' understanding that regardless of what the Planning Board decides, the Town Board will
have the final say on approval of the cemetery.
Barbara Clark, Planning Board Chair, was present and spoke briefly to the Board. Her
husband, Councilman Clark, is sexton of the Groton Rural Cemetery so they have both had a lot
of experience in cemeteries. She feels that the applicant for the proposed cemetery does not
really know what he is getting into or understand the amount of work and upkeep that would go
along with it.
Further discussion took place on the cemetery, upkeep of the cemetery and such things a
perpetual care. The Board was concerned that the applicant show how he intends to make sure
that care of the proposed cemetery will continue so that it doesn't revert to the Town to care for.
Richard C. Case, Jr., Highway Superintendent - At the present time the shop is on schedule
with the preventive maintenance program, heavy duty New York State Inspections and repairs.
Town Board Minutes Page 4 September 11, 2007
We have been fortunate with little tree damage on Town roads during the last two high wind
events. There was, however, some shoulder damage. Repairs of these high run-off areas are
nearly completed. Roadway surface treating has been completed on Sears Road; Lick Street,
from Route 222 to South Main Street; Elm Street, from the Village line to Salt Road; and Davis
Road, from Champlin Road to Lafayette Road.
I have received 3 quotes for airflow sanders. Seneca supply has the lowest quote and I would
like to request that the Board make a resolution to make these purchases.
Supervisor Morey asked Mr. Case about the use of bio-fuel and Mr. Case said that he really
wasn't interested in it at this time because there seems to be a loss of power when using it and it
also has a tendency to gel during cold weather, which would create a big problem for the Town
vehicles. He feels that it is a warm weather fuel and that it might be best to what until after
further testing is done on it.
RESOLUTION #07-060 -PURCHASE TWO AIRFLOW SANDERS
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the purchase of two Airflow Sanders from
Seneca Supply: One 14' Sander for$6,500.00 and on 13' Sander for$6,325.
RESOLUTION #07-061 -PERMISSION TO TAKE TRUCK 21
TO MUNICIPAL AUCTION
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby gives permissions to take Truck#21 to the Municipal
Auction to be held in Lansing, NY.
April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly report for the Board's
review. The Clerk's Office is hosting a New York State Archives workshop on September 25th a
the Town Hall. The Tompkins County Town Clerks Association has a meeting tomorrow with
Kathy Wright from New York State Ag & Markets to discuss alternatives to dog control rather
then to continue to contract with the SPCA.
Supervisor Morey asked that Clerk Scheffler get all the information she can and report back to
the Board.
Town Board Minutes Page 5 September 11, 2007
Victoria Monty, Attorney for the Town - Had nothing to report
A. D. Dawson, Town Justice - Monthly reports were presented for Justice Dawson and Justice
Norman. Justice Dawson told the Board that he and Clerk Scheffler would be having their
second session of "Dog Court" on the next night. They will be continuing this once a month in
the hope of getting people to court on dog problems and also getting them licensed at the same
time. He also told the Board that the Court has seen a lot more civil cases this year. Last year
there were 21 and so far this year they have 73. He extended an invitation to the Board to come
into Court anytime and observe and see what was going on.
RESOLUTION#07-062 - COURT CLERK TO ATTEND CONFERENCE
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves payment of expenses for the Court Clerk,
Peg Palmer, to attend the Court Clerks Conference, September 29 - October 3, 2007 in
Tarrytown,New York.
Councilman Donald Scheffler, as Recreation Coordinator - The summer recreation programs
all went smoothly this year. Things seem to be settling down and we have programs figured out,
how to run them and how to work them. We will be planning soon for Halloween and
Winterfest and few other programs over the winter. Marion Zubel has resigned from our
committee because she has become School Board President and Chris Montreol has joined the
committee as a School Board Representative. On a sad note, Viola's mother passed way last
week and our thoughts and prayers are with her at this time.
RESOLUTION#07- 063 - 2008-2023 INTERMUNICIPAL RECREATION
PARTNERSHIP AGREEMENT
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
WHEREAS, the Town of Groton is currently a member of the Intermunicipal Recreation
Partnership and
WHEREAS, the Recreation Partnership has been an excellent model of intermunicipal
collaboration which enables the Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca,
Newfield, and Ulysses, the Village of Lansing, and the City of Ithaca and Tompkins County to
jointly plan, finance, and share a more diverse set of high quality recreation programs than any
single municipality could offer on its own and
WHEREAS, the current Intermunicipal Recreation Partnership Agreement will end December
31, 2007 and
Town Board Minutes Page 6 September 11, 2007
WHEREAS, the Recreation Partnership Board, comprised of representatives from participating
municipalities wishing to continue this innovative partnership, has reviewed the current
agreement and voted on June 7, 2007 to adopt the attached, updated Agreement for the period
January 1, 2008 through December 31, 2012, and
WHEREAS, municipalities in the Recreation Partnership value Tompkins County's
commitment to building collaborative intermunicipal solutions to meeting needs of youth, and
Tompkins County's contribution is essential in enabling smaller municipalities to participate
affordably, and
WHEREAS, the Agreement must be approved by the elected board of each participating
municipality to take effect, now therefore be it
RESOLVED, that the 2008 - 2012 Intermunicipal Recreation Partnership Agreement is
approved and further
RESOLVED, in approving the Agreement, the Town of Groton agrees to abide by its terms and
conditions and further
RESOLVED,that the Town of Groton strongly urges Tompkins County to maintain its keystone
financial and planning support for the Recreation Partnership and further
RESOLVED, that a copy of this resolution be sent to the Recreation Partnership Board care of
Tompkins County Youth Services Department at 320 W. State Street, Ithaca,NY 14850.
RESOLUTION#07-064 -ACCEPT 2006 TOWN AUDIT
MOVED by Supervisor Morey, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby accepts the 2006 Audit of the Town of Groton's
Financial Statements as presented by Mondorf& Fenwick, PLLC.
RESOLUTION#07-065 -ACCEPT 2006 TOWN JUSTICE COURT AUDIT
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,that the Town Board hereby accepts the 2006 Audit of the Town of Groton Justice
Court Financial Statements as presented by Mondorf&Fenwick, PLLC.
Town Board Minutes Page 7 September 11, 2007
RESOLUTION #07-066 - ZBA MEMBERS TO ATTEND CONFERNCE
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves payment of expenses for Zoning Board of
Appeals Members, Lyle Raymond and Steve Thane to attend the New York State Planning
Federation Conference in Saratoga,NY, October 7 - 9, 2007.
Supervisor Morey announced that the Peruville Cemetery Association will hold a meeting on
Saturday, September 29, 2007, at 1:00 PM, at the Groton Town Hall. Anyone having questions
should call Terri Vantine at 607-347-4908.
Terri Vantine, secretary/treasurer of the Peruville Cemetery Association,was present to talk
to the Board about the Peruville Cemetery. The Division of Cemeteries had contacted the
Cemetery Association concerning a letter they had received about the upkeep of the cemetery
and the inability to locate two gravesites in the cemetery. The record keeping on these old
cemeteries is minimal, at best, and the record book that Ms. Vantine has is written in pencil and
very hard to read. There may be other books at the Groton Historical Society with other
information in them. Ms. Vantine is the youngest member of the association, with most
members being into their 80's. Since there are no more lots available, there seems to be very few
people interested in the cemetery. Mowing has become a problem. There has also been damage
from horses that have been allowed into the cemetery and from fallen trees and branches.
Last year Cynthia Craig from the Division of Cemeteries came to investigate. There was an
issue at the time because the person who was mowing could not do it anymore and it had not
been mowed the usual three times that it is usually mowed in a year. Before this year, they were
able to hire someone for $135 per time to mow the cemetery. This year some people were
coerced into mowing it for $225 each time. They also removed some down trees and repaired
some stones which has cost over $500.
Financially, the Cemetery Association has $3000 in a CD and about $1300 in a savings account.
Five people pay perpetual care at $10 per person. This is the first year that they have had to take
money out of their savings to pay for such things as mowing and repair but with no more lots to
be sold, there will be very little future income, and they will continue to use up what money they
have. They were requesting that the Town of Groton consider making a yearly donation to
cover the cost of mowing, which is $675 for the year.
The purpose of the meeting to be held on September 29th is to attempt to reorganize and
hopefully get some new people involved who could help with the work and possibly apply for
grants to keep the cemetery going and in good repair. The alternative would be to turn the
cemetery over to the Town. They do not wish to do that but it may come to the point where that
is the only choice. That is also one of the reasons they are requesting some financial assistance
from the Town.
Supervisor Morey said that the situation would be discussed by the Board during their
upcoming budget work sessions.
Town Board Minutes Page 8 September 11, 2007
RESOLUTION #07-067 - ACTION ON RESIGNATION OF TOM TYLUTKI
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board recognizes and regretfully accepts the resignation of Tom
Tylutki from the Town of Groton Zoning Board of Appeals.
RESOLUTION#07-068 - BUDGE WORK SESSION SCHEDULE
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby sets the dates and times for 2008 Budget Work
Sessions as follows:
➢ Thursday, September 20 - 5:00 PM - Court
➢ Monday, September 24 - 4:00 PM - Highway Employees
4:45 PM - Town Clerk
➢ Tuesday, September 24 - 7:00 PM -Highway
➢ Thursday, September 27 - 7:00 PM
Announcements:
➢ Planning Board- September 29 - 7PM
➢ Public Hearing -Last night- Village Hall 7PM on Village IDA and new business
➢ Mclean Community Council - September 12 - 7PM
➢ Work Shop with Jeff Bercuvitz - October 11 - 6-9PM at the Human Services Building in
Ithaca
There being no further business, Councilman Sovocool moved to adjourn, seconded by
Councilman Scheffler at 8:34 PM. Unanimous.
April L. Scheffler, RMC
Town Clerk