Loading...
HomeMy WebLinkAbout2007-11-13 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, NOVEMBER 13, 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: Barney McConnell, Rosemarie Tucker, Mona Forney, Will Forney, Jacalyn Spoon, Matt Cooper, Ken Thompson, Christopher Muka, Tyke Randall, Dewey Dawson, Gary Coats, Richard C. Case, Jr., April Scheffler. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes of the October 9, 2007 meeting as presented. Ayes - Sovocool, Scheffler, Clark, Morey. Abstain- Gamel MOVED by Councilman Clark, seconded by Councilman Sovocool, to approve the minutes of the October 30, 2007 public hearing as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Claim Numbers 325-372 of the General Fund in the amount of$31,427.50 were presented for audit. MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 168-193 of the Highway Fund in the amount of$39,185.28 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. Town Board Minutes Page 2 November 13, 2007 Claim Numbers 78-86 of the Special Grant (HUD) Fund in the amount of $2,486.13 were presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the HUD bill for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Privilege of the Floor: Barney McConnell was there from Alnye Trucking in Moravia and asked if the Board would consider creating an alternate route around Groton for their trucks. At one time they were allowed to travel Old Stage Road but it was then posted to prohibit its use by truckers. The trucks now come through the Village of Groton and travel through a difficult and dangerous intersection where Route 222 meets Main Street. The trucks must enter the opposite lane when making turns at this intersection and Mr. McConnell is concerned that this will eventually cause an accident. He asked that the Board lift the posting on Old Stage Road. Councilman Sovocool - We posted it because of the road condition and the way it tore the road up, years ago. It was costing us a lot of money to keep it repaired. Supervisor Morey - We'll have to look at it and find out what we're going to do. Mr. McConnell - That's all I'm asking and if there's any further questions, please feel free to contact me. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk - Monthly reports were presented for the Board's review. RESOLUTION #07-076 -2007 BUDGET TRANSFERS MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED,that the Town Board hereby approves the following 2008 Budget Transfers: Highway Fund- Town Wide: From: Worker's Comp Da9040.8 $2,000.00 From: Services for Other Governments DA5148.4 723.39 To: Health Insurance DA9060.8 2,723.39 Town Board Minutes Page 3 November 13, 2007 Gary Coats, Code/Fire Enforcement Officer - Monthly reports were presented for the Board's review. It had been a very busy month. Building permits issued totaled a half a million dollars. Life Safety Inspections are done and complete for the year. Richard C. Case, Jr., Highway Superintendent - The Highway Department is well into equipment change over from summer to winter highway maintenance. De-icing sand and salt are being mixed and stockpiled at the Spring Street site. Repairs, PM Program and Heavy Duty Inspections are on schedule. Drainage and culvert replacements are taking place throughout the Town as well as patching and final mowing. Dale Kinney attended a PERMA sponsored safety coordinator seminar. He is now certified as a safety coordinator. I presented Glenn with a check from the Town of Lansing Municipal Auction. I would like to request a resolution to place that money in the DA5130.2 equipment account. Cheryl Nelson, Public Works Administrator for Tompkins County, has presented the renewal form for the Town of Groton's participation in the Tompkins County Drug & Alcohol Consortium for 2008. I believe this requires a Board resolution to continue using this service. On Thursday, November 8, 2007, the Town of Groton Highway Department received and opened bids for a new shoulder machine that could be propelled by the Town's wheel-loader. Four bid packets were picked up and two were returned. The first bid was from Gateway Equipment Company with a purchase price of $58,749. This machine is manufactured by Midland Machinery, Tonawanda, NY. The second bid was from Gator Equipment Company with a purchase price of$28,820. This machine is manufactured by HTC Inc., Milford, IA. I have reviewed the specifications of both machines. The Midland Machine is superior in some of the required specifications, but for the Town of Groton Highway Department's application, I recommend the purchase of the HTC shoulder machine for $28,920. RESOLUTION #07-077 - TRANSFER AUCTION CHECK TO EQUIPMENT ACCOUNT MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED,that the Town Board hereby authorizes the transfer of the check from the Town of Lansing Municipal Auction, in the amount of$7200.00 to the DA5130.2 Equipment Account. RESOLUTION #07-078 -AUTHORIZE PURCHASE OF SHOULDER MACHINE MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby authorizes the purchase of a Shoulder Machine from the Gator Equipment Company in the amount of$28,920.00. Town Board Minutes Page 4 November 13, 2007 RESOLUTION #07-079 -RENEW DRUG &ALCOHOL AGREEMENT MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board does hereby approves renewing the agreement with the Tompkins County Drug & Alcohol Consortium for 2008 for the Drug and Alcohol Testing. April L. Scheffler, Town Clerk/Tax Collector - Monthly report was presented for the Board's review. Office space had been created for the Town Historian, Rosemarie Tucker, and she is busy working on historical issues. A draft contract was presented from Country Acres Pet Services for dog control. They had talked to Clerk Scheffler and said that work on the new kennel was progressing. She had provided information regarding a new Veterans tax exemption as well as increases to senior exemptions which had been sent from Jay Franklin from Tompkins County Assessment. The Board asked her to invite Mr. Franklin to the next meeting to discuss these issues. The vacant Deputy Clerk position, due to the resignation of Tena McClary, had been advertised and interviews would begin as soon as possible. Gary Coats would be part of the interview process and the review during the probationary period since the Deputy is required to do work for him also. She asked the Board to set the starting salary for the Deputy. RESOLUTION #07-080 - SET STARTING PAY FOR DEPUTY TOWN CLERK MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby sets the starting pay for the Deputy Town Clerk at $10.00 per hour. RESOLUTION#07-081 - SET PUBLIC HEARING FOR PROPOSED LOCAL LAW NUMBER 3 FOR THE YEAR 2007 MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby sets a Public Hearing on Proposed Local Law Number 3 for the Year 2007 entitled A Local Law To Enclose Items Or Information With Tax Bills for Tuesday, December 11, 2007 at 8:00 PM. Victoria Monty, Attorney for the Town - Did not have anything to report. A. D. Dawson, Town Justice - Was present to represent the Court. The monthly report was submitted for the Board's review. The Court had received its new recording device from the Office of Court Administration. Doggie Court, that he is having with the Town Clerk, is having Town Board Minutes Page 5 November 13, 2007 good results and people seem to be showing up for it. Justice Dawson and the Clerk had also given a tour of the Town Hall to the Cub Scouts along with five parents. Councilman Donald Scheffler, as Recreation Coordinator - We are working on Winterfest, which we hope to make a 2-day event this year. Viola Fitzgerald's report was submitted to the Board. The municipal agreement between the Town, Village and School is due to be renewed and the Board received copies of this as well as a memorandum of understanding with the School which will be combined with the agreement. RESOLUTION#07-082 -APPROVE RENEWAL OF AGREEMENT FOR JOINT RECREATION COMMITTEE MOVED by Councilman Scheffler, seconded by Supervisor Morey Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the renewal of the Intermunicipal Agreement between the Town of Groton, the Village of Groton and the Groton School for the Joint Recreation Committee and Memorandum of Understanding, and be it further RESOLVED, that the Town Board hereby gives the Town Supervisor, Glenn Morey, the authority to sign said agreement following review by the Attorney for the Town. Duane T. Randall, County Legislator - Had just come from the County Tentative Budget Hearing. The new budget calls for a tax levy of approximately 35 million, a rate of 6.87 per thousand of assessed value and a 2.93% tax levy increase. The goal had been set at 2% and Mr. Randall did not support the final increase. He did feel that some change has been made in the budget process and department heads are beginning to look at where things can be cut. They still have a long ways to go. Mr. Randall thanked the Board and Clerk Scheffler for the information that was provided to him concerning the SPCA, which he shared with his colleagues. He said that the information was very eye-opening and pointed out a lot of things that they were not aware of. He felt that it was time for a change and the Town of Groton has started something that has sent a message that has been heard. Justina Conner, from Groton, was the Distinguished Youth winner for October. There will be a Special Election to fill a vacancy in the City of Ithaca, District 3. The Jordon and Fox, McLean Road issues have been resolved. The Jordon's are not completely satisfied with the resolution but it turned out to be a right-of-way issue and also a lack of communication, which could be better addressed in future projects. 55 Brown Road has been chosen for the location of the new Tompkins County Health Department. The building is located on land owned by Cornell and a committee is being formed to address design and renovation. Town Board Minutes Page 6 November 13, 2007 RESOLUTION#07-083 -APPROVE 2007 GADABOUT CONTRACT MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the 2007 Contract with Gadabout Transportation Services, Inc., in the amount of$4,700.00. RESOLUTION #07-084 -APPROVE 2008 BUDGET MOVED by Supervisor Sovocool, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the Town of Groton Budget for the Fiscal Year 2008. Mona Forney, President Groton Rotary Club - Was there to speak to the Town Board about the East Hill Cemetery, located on Cortland Road. Christine Buck, a historian on cemeteries, had walked the cemetery with Mrs. Forney. The Rotary would like to take on the project to help care for and repair the cemetery. The oldest death in the cemetery is 1806 and the most recent is 1881, so it is a very old cemetery and is in disrepair. She has contacted Jamie Saroka, the Groton Boy Scout leader, and he said that his troop would also like to help with the project. Ray Wheaton, who has been doing a lot of cemetery work is going to come to a Rotary meeting to discuss the issue. There is quite a lot of initial work required including removal of tree limbs and repair of broken headstones. Mrs. Forney would like to write a grant for a sign and fence. She also thought she would contact the American Legion to see if they were interested in helping with the project. Supervisor Morey thought that this was a fantastic idea. He has had concerns about the cemetery and has tried to get other groups interested in it over the years. He is happy and proud that the Rotary is taking this on. Mrs. Forney said that they might also need some help which would include some machinery and chainsaws. Rick Case said that they Highway Department has worked at the cemetery over the years when they had the time and that they would be available to help out the Rotary if needed. Councilman Scheffler asked how long the Rotary intended to be involved in this project and Mrs. Forney said that it would be continual care of the cemetery. The consensus of the Board was that they all thought this is a worthwhile and were in favor of the project and permission was thereby granted. Ken Thompson, another Rotary Member, was also present and spoke to the Board about their Rails to Trails committee. They would like to create a trail along the old railroad bed south of the Village, modeled after the trails in Dryden and that would connect to other trails in the County. The Rotary sees itself as the facilitator in this project and hopes to get other interested groups to participate in the creation of this trail. Interest of the Town Board would be an important part of the project. There was some more discussion on the subject and the Board felt that this would also be a good project to pursue. Town Board Minutes Page 7 November 13, 2007 RESOLUTION#07-085 -APPOINT REPRESENTATIVE TO THE TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby appoints Jacalyn Spoon as the Town of Groton Representative to the Tompkins County Environmental Management Council. Supervisor Morey introduced Ms. Spoon and she spoke briefly to the Board. She is also the representative for the Village of Groton. Supervisor Morey had received a request from the family of Geneva McKay, who is deceased, asking to be relieved from a diminishing lien agreement for a HUD grant that Ms. McKay had received from the Town. The original amount was $4,089.00 and the amount left to be repaid to the Town is $3,271.20. They wish to sell the house to the granddaughter of Ms. McKay. Attorney Monty said that according to the contract, she did not think the Town could give this relief. Supervisor Morey said that he would inform the family of this. Chris Muka - I've been asked to come tonight by Gary Coats, the Code Enforcement Officer, to discuss with you the house I own and have been working on at 924 Lick Street. I want to thank the Town of Groton for giving me the opportunity to work on this house by giving me a building permit. It has expired and I did not complete all the items on that building permit but I did work very hard on the project and had a lot of fun. Its current condition is in a safe and enclosed and decent looking condition. Gary Coats and also another State Code Enforcement Officer, has seen the house and agree with me that it is in a safe condition. At this point I would like to ask the Town to have the Town Attorney ask the Supreme Court or prepare some documents that discontinues any of those restrictions that were put on me and against my house. Number one being permission given to the Town to demolish this house at any time is kind of a knife next to my neck. So, that's what I'm asking because the condition of the house is safe and reasonable I don't believe that it would be unreasonable to ask that I be given the same treatment as any other private landowner. It would relieve a great deal of stress and strain on me, personally, because it is not the only project that I have to deal with. I would like to continue work on the house, as I have. Most of the things that I need to do, don't require a building permit. It would be continued restoration and repair of existing things on the house that don't require a building permit or inspections of any kind. I will be in close contact with Gary. If he or anyone has a question about what projects may require a building permit and if they do I will ask Gary and the Town to give me another building permit. At this time I didn't want to request an extension on my permit because I am working on a lot of things and the house is in a stable state of condition. There are lots of little things that I want to continue working on, like continue to look for the second story windows that would match the first story windows and I have looked everywhere; six or so different antique restoration houses that have all these windows and I have looked through thousands of windows but none of them fit for the second story. I guess I'd like to hear your comments. If you have any questions for me I'll try to answer them for you. Town Board Minutes Page 8 November 13, 2007 Supervisor Morey - I think we should keep the building permit, only because it is part of our original deal. When you came here before, we had our ups and downs, shall we say, and part of this was that we had to have a building permit for the whole project. The project isn't completed. You didn't live up to what you were supposed to do, so the building permit should be extended. That's my feeling. Councilman Scheffler - I think it should be extended. If someone is building a new house and doesn't get it done in the time allotment, it's extended until they finish it. I think we should continue with the permit. Gary Coats - Chris is wrong, completely, when it comes to the point of not needing a building permit for what work is left. There are things that he has yet to do that do require a building permit. Councilman Gamel - Mr. Muka, you know I was one of your advocates at the beginning to get this thing done. I wanted to see that house saved and I really appreciate what you have done so far. I really think it's a safe structure and it's presentable to drive by. It was a tough situation to get to the point where we made this agreement. We made an agreement with you and that's exactly what it was, an agreement. We have lived up to our end of it and you have not. I would love to see that house finished. I'd love to see it on the tax rolls. It'd love to see a family living there or you living there or someone. I think that was our original goal, that if it is not going to be torn down, that someone is living there and it is a residence in the Town of Groton. It's not finished. I would be more than happy to give you some more time because I think you've shown that you're interested in doing this. You've worked on it. I have the list of the renovation schedule right in front of me and what has been done and what hasn't and there's a dozen things, that were major things, that have been checked off the list, but there's 3 dozen that haven't. I come from a renovator's background as well and it's a difficult undertaking and I knew that when you started. We've lived up to our end of our agreement and I think you should as well and that is to finish the house. Mr. Muka - Okay, I understand what you said. I agree, if you look at that building permit that I was given and the list of items, I didn't mean to imply that the things that haven't been done don't require a building permit. It's not like that. Obviously, there are a lot of things on that list that would need a building permit. I would love to continue working on the house but there are several items on that list that I don't want included anymore on that building permit. So I would be glad to have the extension but I want the list modified. There's some things on that list that I don't want to do anymore. Supervisor Morey-Like what? Mr. Muka - I don't want to put a new electrical system in it. I don't want indoor plumbing. I'm going to live in this house and I'm going to go off the grid. I have a septic system and I talked to the Health Depai lment and there can be an outhouse put over that septic system. I don't want to have electricity. Those are the two main items. Supervisor Morey - But the original agreement between the Town and you was that you were going to finish it up. Town Board Minutes Page 9 November 13, 2007 Mr. Muka - That's right. If the only way that you will give me an extension is for me to do those things then I will be glad to do that for you. Supervisor Morey-Well, we've gone the extra step for you and given you the opportunity and I think really, you should live up to the original agreement. Councilman Sovocool - I agree. I think you need to live up to what we agreed. Councilman Scheffler- You did say that it would be all done. Mr. Muka - Okay. Councilman Gamel - There needs to be an agreement with the timeframe for two things: one for the extension to apply for the building permit and then we'll have to put a timeframe on the completion. It's past that time right now by three to three and a half months and we need to put a timeframe on the finish date. Supervisor Morey-When can you finish this by? Mr. Muka - I would assume that an extension normally goes for one year, is that correct? Mr. Coats - Correct. Mr. Muka - Then that's what I'd like and that's when I'd like to propose that the house will be completed. Mr. Coats - That would be an extension of the date in October when the original permit ran out. So, we're already a month into any new building permit issued. The extension would run out mid-October of 2008. Supervisor Morey - There's one other issue. I'd like all the taxes current. I don't know if they are or not but that was part of the deal. Mr. Muka - Okay. I'd like to apply for the extension in about a month because I don't know how much is due on that but I have an awful big tax burden so I would need some time to get that money for those taxes. Or, if I can pay it sooner, then I would like to get that permit when I have that money but no more than one month. Councilman Gamel - So, within one month the taxes will be paid and the permit will be applied for. Mr. Coats - I can live with that but going a month down the road puts us two months into the extension with nothing being done. If Chris can live with that, I'll work with that. Supervisor Morey- Can you, Chris? Mr. Muka- Yes. I have many other obligations but I can live with that. Town Board Minutes Page 10 November 13, 2007 RESOLUTION #07-086 -AGREE TO EXTEND MUKA BUILDING PERMIT MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby agrees to extend and renew Chris Muka's building permit for 924 Lick Street until October 13, 2008, subject to all the conditions of the original agreement between Mr. Muka and the Town of Groton and with Mr. Muka's agreement to make all taxes current within one month of today's date and prior to the issuance of the extension. Supervisor Morey wished Mr. Muka good luck and Mr. Muka thanked the Board for their time. RESOLUTION#07-087 -APPROVE 2008 GROTON FIRE DEPARTMENT AND AMUBLANCE BUDGET. MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the 2008 Groton Fire Department and Ambulance Budget as proposed. Supervisor Morey - Last summer the Council of Governments passed a resolution in support of development of countywide water and sewer study. The County is now applying for a shared municipal service initiative grant to pay for 90% of the cost of the study. As part of the application they have asked us to demonstrate the individual municipality's support of the study. I have submitted this to you all. I asked how much our financial responsibility would be and no one could answer that question. So, I don't know how much it's going to cost the Town to participate in this. Duane Randall - I talked to Ed Marx today and he assured me that it wouldn't cost you anything. Supervisor Morey-Nothing? Councilman Gamel - Well, if they're only paying 90% and we're not paying anything, where is the other 10% coming from? Mr. Randall - I don't know the answer to that. I'm only telling you what I was told. Supervisor Morey - The application is due in Albany by December 14th and we have to get the letter of support done by December 7th Councilman Gamel- What does everybody think? Councilman Clark-It's not going to cost us anything? Town Board Minutes Page 11 November 13, 2007 Supervisor Morey-Well, that's what Tyke said. Councilman Sovocool- I don't know. I'm not that fond of it. Councilman Scheffler - It's scaring me. I don't really know what's going on and where the money is going to come from and end up. Councilman Gamel - And what it's going to do for the Town of Groton when it's all said and done. Supervisor Morey made a motion to send the letter of support but did not receive a second. No action was taken. Announcements: ➢ Planning Board Meeting -November 15th at 7:00 PM ➢ Jim Shurtleff retirement party-November 17th ➢ Small Cities Presentation-November 14th - 2-4 PM at the Clarion Hotel ➢ Groton Business Association Meeting - November 21st - Elm Tree Inn - speaker is George Frantz talking about zoning changes in the Town of Groton Supervisor Morey moved to enter into Executive Session with the Board, the Town Clerk and the Code Enforcement Officer to discuss an issue having to do with a particular employee, seconded by Councilman Scheffler, at 8:40 PM. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Motion to return to Regular Session was made by Councilman Sovocool, seconded by Councilman Clark, at 8:50 PM. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Supervisor Morey announced that the session had been for informational purposes and that no decision had been made. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:50 PM. Unanimous. April L. Scheffler, RMC Town Clerk