HomeMy WebLinkAbout2008-08-12 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING
TUESDAY, AUGUST 12, 2008 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, Elizabeth Brennan, Rosemarie Tucker, Chris Muka,
Nathan Muka, Gailanne Mackenzie, Betty Muka, Arthur Muka, Jacalyn
Spoon, Ian Boudrean, April Scheffler.
MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes
of the July 8, 2008 meeting as presented.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 215-246 of the General Fund in the amount of$25,008.17 were presented for
audit.
MOVED by Councilman Gamel, seconded by Councilman Sovocool, to approve the General
Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 125-146 of the Highway Fund in the amount of$77,791.26 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.
Supervisor Morey offered Privilege of the Floor. No one wished to speak at this time.
Monthly Reports:
Elizabeth Brennan, Bookkeeper/Highway Clerk - Presented the Town Board with monthly
reports. There were no transfers.
Town Board Minutes Page 2 August 12, 2008
Patrick Jordan, from Ciashci, Dietershagen, Little, Mickelson & Company, LLP, was there
to present the 2007 audit of the Town books and records. Mr. Jordan explained that there were
three documents. There is the full audit report, a required communication letter, and the audit of
the Justice Court. The test of the Justice books showed that all of the records were complete and
accurate and moneys were collected and remitted to the appropriate persons timely and
accurately. The two-page letter talks a little about the audit process and notes about the
municipality and any difficulties encountered. The audit process went well and Mr. Jordan
thought it was a very efficient audit; the books and records were excellent; the audit trail is
excellent. There were no adjusting entries made to the books. Mr. Jordan went over other
highlights of the audit. Copies were given to each Board Member and the Town Clerk.
RESOLUTION #08-045 -ACCEPTANCE OF ANNUAL AUDIT
MOVED by Councilman Sovocool, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby accepts the audit of the Year 2007 financial
statements for the Town of Groton as presented and be it further
RESOLVED, that the Town Board hereby accepts the audit of the Year 2007 financial
statements for the Town of Groton Justice Court as presented.
Gary Coats, Code/Fire Enforcement Officer - On vacation but submitted monthly report for
the Board's review.
Richard C. Case, Jr., Highway Superintendent - Was absent but submitted monthly report for
the Board's review: At the present time the Highway Department is primarily dedicated to
drainage problems. The projects are underway. Elm Street, from Champlin to the bridge, has
had the tree and rough grade work completed. Culvert placement and final grade will take place
when time and manpower are available. The flood problem on Cemetery Lane, from the bridge
west, is underway. New culverts and earth work is taking place daily until everything is
functional. This is quite an undertaking because the draining structure of this road has never
been completed. Shoulders have been placed on the dead end section for Bossard Road. Bird
Cemetery will be next when manpower allows. The paving of base blacktop on Elm Street,
through the Fuller Barn Yard, has been completed. This is a milestone accomplishment.
$99,978.58 has been filed for the New York State CHIPS funds. This is for completion of the
Bird Cemetery project. Confirmation of the new truck was received by Robert Green truck
division. No delivery date has been set.
Supervisor Morey read a letter from PERMA concerning an award presented to the Town of
Groton for 15 years membership in PERMA and thanked the Town for its loyal membership
over the years.
April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly report and Country Acres
report for the Board's review. Notice had been received from the Tompkins County Board of
Elections stating that there would be no primary elections in Groton this year. The ZBA meeting
Town Board Minutes Page 3 August 12, 2008
for next week has been cancelled and as of right now there was nothing on the Planning Board
agenda so that may be cancelled also.
Victoria Monty, Attorney for the Town - Had nothing to report.
John Norman & A. D. Dawson - Presented monthly reports for the Board's review.
Judge Dawson requested a copy of the Justice Court audit. He also requested that the Town pay
expenses for him to attend a conference in Niagara Falls, since he had been unable to attend the
one earlier in Potsdam. He also told the Board that the Court website was being revamped.
RESOLUTION#08-046 - COURT CLERK& JUDGE TO ATTEND CONFERENCES
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the payment of expenses for the Court
Clerk, Peg Palmer, to attend the New York State Court Clerks Conference and the Town Judge,
A. D. Dawson, to attend the New York State Magistrates Conference in Niagara Falls, New
York, September 21 - 24, 2008.
RESOLUTION#08-047 - ZBA MEMBERS 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 ZBA members,
Lyle Raymond and Steve Thane, to attend the New York State Planning Federation Conference
in Saratoga Springs,New York on October 2008.
Councilman Donald Scheffler, as Recreation Coordinator - Attendance is up at all our
summer activities and at the pool this year. This Thursday, the 14th, is the Youth Commission
Summer Fun Carnival, which we are co-sponsoring with the Youth Commission. It's also the
50th anniversary of the pool so they're doing a special carnival with a lot more activities. We are
looking for 9 more adults to volunteer and help out. That same night, at 6:30, is the concert out
front here at the gazebo.
Supervisor Morey invited Christopher Muka to come forward.
Supervisor Morey - We invited you today to find out what was going on. We haven't seen
much activity on Lick Street. You had a real good schedule at one time and were doing a
fantastic job and then all of a sudden you disappeared. We're just wondering what's going on
with the property.
Town Board Minutes Page 4 August 12, 2008
Mr. Muka - Well, I have been doing work on the property. I have a lot of other obligations.
The things that I have been working on, I bulldozed the yard to level out some areas of debris
and stumps from the sumac and other trees that I took out. After that was done we'd done a lot
more raking. Hours and hours and days and days, about five or six full days with some
volunteers and some of my family members to help rake that out and pull the rocks out
wheelbarrow by wheelbarrow and dump them on the driveway area. We still have several weeks
just to do the back yard so that we can finally mow the whole yard without breaking another
lawn mower. So, a lot of these projects take a lot more time than I had anticipated and I have a
lot, it's not the only thing I'm working on. I'm still very much in favor of continuing work on
the house. I still think that it's obvious that there's progress being made. I guess I'd like the
Town to continue to be working with me on giving more time so that I can continue work on
this. I apologize that I haven't done what was promised by the dates that were indicated, but
despite that, I would like to continue.
Supervisor Morey - You know, the grounds look great compared to what it was and what it is
today, it looks fantastic, but you can't get a certificate of occupancy there unless you start....
Mr. Muka-Not at this moment.
Supervisor Morey - Yeah. I would think you would want to move on to that and do the interior
stuff.
Mr. Muka - Yeah, there's an awful lot of things that need to be done and it's kind of
overwhelming for one person with a limited amount of time and a limited amount of money, but
I'm progressing. There's a lot of these things that might seem obvious to you as being the next
steps but for me, being there every day and looking at this and looking at that, you know, seeing
the false bamboo growing up six feet tall again and not being able to mow it is just on the top of
my list. So, once I get the rest of yard raked and I can mow it every time I show up, I'll have a
lot more peace. But there's a lot of things to do. I mean there's just a ton of things to do. I've
got the primer on. It needs to be scraped. It needs to be re-primed. Several windows fell out
before I got time to actually put the glazing on. You know, I'm behind on my own schedule but
I want to keep catching up on it; I want to keep working on it. You know, this may take a lot
more time than I thought. At the same time though I'd like to formally request that if I do find a
qualified buyer, I would like the Town to wave its restriction that it gave to me barring me from
selling the property. So, if I do find a qualified buyer who has the money and has the time, and
there's been many, I would like the option to be able to pursue that. But if that's not an option,
that's fine. If you don't want to allow me to have that freedom, then I will continue to do my
best to work on that list and continue to work on this project.
Councilman Gamel - With all due respect, Mr. Muka, I was the one who pushed for you to keep
that house standing, and I'm the one who sits up here and looks like a fool because this
renovation schedule that you legally signed should have been done. This house should have
been on the market one year ago if you wanted to sell it. August 1, 2007, this renovation
schedule should have been done. Okay, so we gave you a little time and it took an extra year.
The problem is it didn't take you an extra year because the reports we get from Gary, there's
really nothing done inside. Yeah, you did floor joist work, things like that, but there's no
bathroom, there's no kitchen, there's no interior walls, am I correct?
Mr. Muka-Well, actually there's a lot of interior walls, mostly pre-existing.
Town Board Minutes Page 5 August 12, 2008
Councilman Gamel - Is there sheetrock?
Mr. Muka - There has been very little interior, what you might call renovation.
Councilman Gamel - That's why I fought, to give you the benefit of the doubt, to let you go on
so that this could become a marketable house and you let me down again. I know you said you
have other obligations but to be honest with you, you signed a legal, binding document that said
this would be done a year ago and I believed in you and it's not only not done a year later, it's
barely started inside. I know, I've done renovation work. I've done a lot of it and know how
long it takes. I know how overwhelming it can get. Still you made a plan and it doesn't appear,
other than the exterior, that you're sticking to it.
Mr. Muka - Right, so under what you think is a legally, you know, an important list to you, and
is important to me too, I realize the same realization you have. There hasn't been enough done
on that list. However, at the time I agreed to sign that list, I had very little options. I told you
way before that list existed that I never had the intention to fix it up. I told you I didn't have the
time or the money. I even told you why I purchased the house in the first place. But all that's
past history. So, after all those facts, and some of that was used against me, what my original
plans were, they were used against me, and we ended up with this: a twenty thousand dollar
bond; we ended up with this list. Did I have many options? I didn't see any other options. Sign
the list. Did I actually think I could finish the things on that list? No. Have I worked at those
things on list? Yes. Have I done as much as I could have? Yes. Do you care about the rest of
my life? No. Do you care about just the list? Yes. I've done the best I could and I would like
to continue to do the best I can on that project. That being said, I think there's been progress.
Everyone can tell. It looks better. It's secure. It's safe. It needs a lot more work. It's secure.
It's safe. It looks good. Give me a break. Give me some more time. This isn't your house. It's
my house.
Councilman Sovocool -We've given you three years already.....
Mr. Muka- Okay, give me more.
Councilman Sovocool- and you haven't accomplished a thing.
Mr. Muka - Oh, haven't accomplished a thing. Have you seen the house?
Councilman Sovocool-Yeah.
Mr. Muka - Have you been inside?
Councilman Sovocool-No.
Mr. Muka- Have you wanted to see the inside? Have you talked to me personally about it?
Councilman Sovocool-No, I just drive by and look at it.
Mr. Muka - That's right. So, you could become more involved. I'd love to tell you what's been
done. There's thousands of dollars being spent, been spent on it. It has a brand new septic
system. Rented a bulldozer to do it. It's got almost all new windows which are replacements
that look pretty nice. They're used but I didn't want to put in little plastic windows. So, there's
Town Board Minutes Page 6 August 12, 2008
a lot of things that have been done that maybe you don't realize. I mean there's two
replacement, hand hewn beams to replace what was needed to be replaced. It's not plywood, it's
not plastic. I wanted to do it in a nice historic way. Your plans and my plans don't seem to be
the same. But I did agree to do that list so you have every right to do what you need to do. But
as usual, I come in here and I say I still want the house preserved, I don't want it destroyed.
Supervisor Morey- Do you have an active buyer right now for this property?
Mr. Muka - I could easily find one. I have a letter from one of my previous buyers who still
has, I could read it to you, if you like, who just today wrote me out a quick note. If you wouldn't
mind, it's very short. To whom it may concern. I love the house and the property in question
and once it is in shape to be a primary residence I intend to look into moving my family in and
continuing the renovation process. Thank you for your consideration and please protect this little
piece of our local history. Joel Curshner, Freeville.
Supervisor Morey- What would it take to get this up to living conditions?
Mr. Muka -Living conditions? It would depend on which standard, who's going to go in it. If I
was going to sell it to this fellow, it's going to need a lot. It's going to need new plumbing and
electrical and probably we should basically gut the interior walls and put insulation in and
sheetrock and a simple bathroom and kitchen. But for a renovation project, I would prefer that
the new buyer does it because (a) they have the time and they have the money and they know
what they want. I don't really want to do a renovation for somebody else. So, this buyer in
particular would want the basics put in. So, if I have to do it, it's going to take quite some time.
So, for me, selling to him is not really my best option at this point because it requires a lot of my
money and my time to bring it to a level where it is able to live in there and continue work on it.
So, I'd really rather sell it to someone who can take it from here and bring it somewhere else.
My original two buyers, which was an Amish guy and an upper middle class family, were scared
away by the Town originally. This was years ago and they were the best buyers but they don't
exist now. Maybe I could go to the Amish and say, here it is, it's in the condition you probably
would like to get it. I could probably find an interesting buyer and we could put some kind of
restrictions on them too, if you feel like it. I'd rather not. I don't think it's a good idea. But I'd
like the option to get the buyers.
Councilman Gamel - I have two more comments. Number one, when you wanted the extension
in the first place, you wanted to live there. You were going to move there. You were going to
live there. And now you say you had no intention of ever renovating the place when you bought
it or living there. You just said
Mr. Muka - Well, I just said that when I originally talked to this board, I told you that I did not
buy it to live in.
Councilman Gamel - But then you told us when you wanted the extension that you were
planning on living there.
Mr. Muka - That's right.
Councilman Gamel - Okay. Second thing, you just said a few minutes ago, when you signed
that renovation schedule did you think you could make all that happen and you just said no. Yet
in the schedule that we were sent by Gary on October 10, 2006, "Mr. Muka and I worked
Town Board Minutes Page 7 August 12, 2008
together to develop a renovation schedule." We allowed you to do that, for you and Gary to
work together and to make a renovation schedule and when you made it you didn't have any
plans of.....
Mr. Muka- Well, there was a chance that I could
Councilman Gamel - There's a chance that I'm going to win the lottery tonight too, but it's not
very good.
Mr. Muka - It's not as simple as you want to make it right there. Okay, because if that's what I
was doing for a living, renovating houses, and I worked on it eight hours a day, there would be
no problem with me doing that. Unfortunately, I'm doing many things and I just can't jump into
becoming a contractor again. I can't just drop my family. My sister's two kids moved in. All of
a sudden I've got five dependents. So, what comes first, dependents, Groton house, the
corporation I've tried to create? I'm not doing that great on all of those areas but I can't just turn
to one and do it. When I have time I do the best I can on it. I think that if I had nothing else to
do it would be easy to complete it. I've done it before. I did a complete renovation project on an
old house I got for five thousand bucks on Milliken Station Road. I did it myself. Had a
financial partner. It was completed and was sold for around $100,000 and is now assessed
$140,000 or something. It's not hard to do. It's just not what I'm doing now. Did I agree to do
that? Sure. Did I have many other options? Not really. If I had told you that I can't do that.....
Councilman Gamel - You made this.
Mr. Muka - No. I was given this option. You won a court decision that you could tear down
my house and I was restricted from selling it. Okay. So, I come in a month later and tell you,
please, I still don't want it torn down, give me a chance. And you said, okay, we'll get back to
you.
Councilman Gamel- We said you and Gary get together and make a schedule, and you did.
Mr. Muka -No. Here's what you did say, that's not exactly, there's something that came before
that. You said you'd get back to me. Gary said here are the terms, you put up a $20,000 bond so
that the Town can tear down your house with your money and you will agree to a work schedule
and you will have a start date and a finish date. You guys make the list, you decide what has to
be done and that's how it is. And if you fail in any way we tear it down with your money. Okay,
so, I'm thinking okay, do I make the list, do I not make the list, what's going to happen, what do
I really want to do? I don't really want the list. I certainly don't want to do a bond. I certainly
don't want the house torn down. What do I do? I already told you originally, I don't have the
time, I don't have the money. And they said, oh, he doesn't have the time, he doesn't have the
money, let's tear it down. That was your motivation.
Councilman Gamel- This was all before I was even on the Board, when this thing started.
Mr. Muka - Well, that's what happened. So, at the time this list was made, I had very little
options. If I actually said what I needed to say and told you the reality of the situation it
wouldn't have been heard. You're not listening to me. I'm not the issue, my life and what I can
or cannot do is not the issue. Your issue is the house. You want it brought up to specks, you
want it sold, whatever, you want it to look like brand new. Well I own it, I've been paying taxes
on it and I'm doing the best I can.
Town Board Minutes Page 8 August 12, 2008
Attorney Monty - I have to step in for a moment because you're making it look like the Town
strong-armed you into this and it's not the case. Let's not forget that you failed to appear for a
court appearance and that's how this all came about.
Mr. Muka- Yeah, there's more to that story too.
Attorney Monty - Oh, I'm sure we had you tied up in a room somewhere,right?
Mr. Muka - Oh,you are a lawyer, aren't you? Would you like to hear my side of that story?
Attorney Monty - I think you making it sound like the Town strong-armed you into doing this
and that's not the case. They gave you a second chance after you defaulted. So, let's be fair.
Mr. Muka - Absolutely, and I acknowledge it. Absolutely. I don't think anything I've said has
been false. I think everything I've said has been true and if you think anything I've said is a lie,
you let me know.
Attorney Monty - I'm not calling you a liar but you're making it sound like the Town strong-
armed you and I don't think
Mr. Muka - That's exactly what it sounds like to me.
Attorney Monty -You were not forced into the agreement. They gave you another opportunity.
Mr. Muka - And if I hadn't agreed to that, I don't think I had many options. But all that's been
said. Set that aside. I understand that this exists. I understand I made promises. I understand
you have the complete right to demolish the house at my expense. Alright, it's not a perfect
world; I didn't do what you may have thought I should have done. I'm still begging and
pleading with you. Please give me the option to sell it someone more qualified or please give me
more time. You must have more important things to do than this.
Councilman Gamel- How much more time?
Mr. Muka - Until I'm done.
Several Councilmen say no.
Mr. Muka - What is it costing the Town to give me more time? Not a penny, not a penny. This
issue has been wasting your time, I feel. The house is out in the country, it's not a nuisance, it's
not bothering anyone but this Town Board. Forget about it.
Supervisor Morey-Mr. Muka, your mother wants to say something.
Mrs. Muka - This is my son, our son. This is his father, Art, and I'm Betty Muka. We came
tonight to help support Chris. Chris has been a wonderful son. Our family has been through a
lot of difficulties in the fast few years. Chris took in his sister's two children who were failing to
thrive in Sarasota, Florida. They came into his house and he gave them fatherly guidance, spent
time with them, supervised their activities, taught them moral lessons and responsibilities and
they both responded very well to Chris' time and efforts. My husband has also been critically ill
for the last couple of years and underwent cancer surgery in December. All five of our kids were
Town Board Minutes Page 9 August 12, 2008
spending 8-10 hours. Two of our daughters spent 24 hours a day at the hospital to try to
encourage him to fight for life. And Chris was there and he brought his children and encouraged
him. He loves this Lick Street house in Groton. He has researched the historical value. He
would just be broken-hearted if it were torn down. He thinks that it is something worthy of
being preserved. I didn't know about all this schedule and stuff. I knew that he had made an
agreement. But the house is being preserved. It's not getting any worse and he's working on it
when he has the time and he loves it so much that he probably will bring it up to where it is an
asset. In fact, it someday may be a museum. It might attract visitors. We'll see if he can get it
up in that shape. Even if it isn't livable as a house, would it be alright if it were just used for
storage and wouldn't have to have all the living things like if you were going to live in the
house? If it was just going to be used for storage would it have to pass all these restrictions or
requirements? Chris loves this house and I think there are some other people here who think it
ought to be preserved. He doesn't have the $20,000 so if you tear it down, you'll just wreck him
financially. He doesn't have the money. He has done his best and he wants to continue working
on it and I'd appreciate it if you'd let him have some more time to do it at his rate and not tear it
down and maybe give him the option to sell it to somebody that might be able to bring it up to
code quicker. Thank you very much.
Supervisor Morey-Alright Mrs. Muka, thank you. Any other questions on the Board?
Councilman Scheffler - To answer that, if it were changed to storage status or whatever, to ever
bring it back into housing it would have to meet new housing code which it would never do.
That's the worse option for ever making it a livable house. Another point I see is 11/15/2006 is
"reclaim the yard" and we're still trying to clean the yard up. That's something that actually you
leave till the house is done, or whatever, but that's all water over the dam I guess. Again, two or
three months ago when Gary contacted you, you said that a big block of time just opened up and
you could devote full time to this house. We believed that and nothing happened.
Mr. Muka - Well, some other things came into place too. I have put a new septic system in;
there's several beams replaced; I jacked up the addition; the roof doesn't leak.
Councilman Scheffler- The septic system was done, what, a year or two ago?
Mr. Muka - Well
Councilman Gamel- December 25, 2006.
Mr. Muka -Well there's been hours and hours and days and days of work in the last month...
Councilman Scheffler - I know, it takes a lot of time. I've done it too, and I understand if
things go over schedule by a month or two or six months but we're looking at two and three
years and we don't see any progress.
Mr. Muka - Yeah, I kind of feel like I'm the contractor and you're the owner. I'm not living up
to your schedule.
Councilman Scheffler - You know it was a condemned house and it was unsafe. We have
obligations to the public too.
Town Board Minutes Page 10 August 12, 2008
Mr. Muka - Well, it's not worthy of any condemnation now. It's an asset to the community as it
sits right now. It's on the tax roll, it's safe, it's got historical value and you actually have
someone who owns it who wants to fix it. It's just not going as fast as you want.
Councilman Scheffler - I understand that, I just can't go with an open-ended whenever. I know
how that works.
Mr. Muka - I don't know. I don't really think the Town should have this much interest in it at
all. It's a safe, secure building. I don't think the Town should spend another minute of thought
on this project. I just don't see where that's coming from. I don't see where the Town has that
...why? Why do you think you need to pay that much attention to it? It's secure, it's safe, it's
historical, it's valuable, it's on the tax roll. Just get rid of all this stuff. Just let me continue
doing the restoration. I don't even need a building permit for the restoration. If I want to get a
C/O I'll have to do electric, plumbing, that sort of thing. If I just want to restore that house as a
historical building and a restoration that might be all I would like to do now until I sell it to
someone else. I can't live in too many houses. You know, I could decide to live there. It's
always been an option. I've had my house for sale before. There's some issues. I need to take
care of those issues to get a buyer for my house. It used to be a commercial building and has one
more tank buried somewhere. I don't have the money. Would I like to move to Groton? Yes, I
think that would be a great house to live in. The people I know in the community are good
people. I have a lot of friends in Groton. I like Groton. Am I having fun now? No. Do I think I
would like you guys later? Sure. But I don't see why the Board thinks that they, in the condition
that the house exists, I don't see why we have to keep putting this as a real important issue.
Councilman Gamel - I think it's a real important issue because you made an agreement with us
and you didn't stick to it. It's that simple.
Mr. Muka - Well, if that's all that you're thinking of now you're totally right. So, is that in the
best interest of the Town to now take this nice house and tear it down?
Councilman Gamel -No, it's in the best interest of the Town to get it done.
Mr. Muka - Okay. Okay. So, what's the best scenario you have, knowing what I can do?
What's you suggestion? To save the house that you would like to save too?
Councilman Gamel-Yeah.
Mr. Muka - Okay, so how are you going to help me save this house?
Councilman Gamel-Finish what you agreed to.
Mr. Muka - Give me more time.
Attorney Monty - It's not going to be open ended though
Mr. Muka - Why do you care? It's safe, it's secure, it's an asset, it's taxed. Why do you want
to keep giving me these restrictions of time? I don't see why that's necessary. If I want to really
make this a saleable product and make some money on this house and renovate and resell it,
that's something else. That's motivation for me if I had it.
Town Board Minutes Page 11 August 12, 2008
Councilman Gamel- We're just discussing that new construction has time restraints as well.
Mr. Muka - Well, yeah, but I'm not trying to be a contractor. You're wanting me to be a
contractor and you're setting guidelines for me
Councilman Gamel - No, I'm wanting you to finish a contract that you said you would do to
keep us from tearing the house down. I think there was a lot more that went on with this before I
was even on the Board. I believe it was condemned and in the process of having it torn down it
was sold by you to someone and eventually it was brought back to you and ended up back in
your hands. So, it was condemned again and it was to be torn down by you and in the process
you sold it again.
Mr. Muka-No, I only sold it once. Under a land contract to a guy and he was threatened by the
Town and ended up having to call in a demolition guy in to start demolition...
Councilman Gamel- Because it was condemned when you sold it to him.
Mr. Muka - Well, it's still basically condemned. I mean it shouldn't be really classified as
condemned but....
Supervisor Morey introduced Gailanne Mackenzie,who wished to speak.
Ms. Mackenzie - I've lived here probably 15 years. I don't know anything about the history of
the building and I just saw it yesterday for the first time and I expected to see a real wreck. I
thought that this maybe is a building that needs a whole lot of attention and it's been condemned
and we're better off without it. But in fact, the building at this point, and I've seen pictures of it
previously, but at this point it's a very attractive, Greek Revival, clapboard house. It's quite
decorative. It's appealing. It's got six over six windows which would be correct. I guess he got
them from a salvage place. I would say,just as a member of the community, that it is, whatever
the history was between Mr. Muka and the Board, and certainly their intentions, I would say
give him some more time to do this and if you have to set a new timetable I'd try to be as flexible
as possible because I know what it's like when you renovate buildings....(not using
microphone) and it costs twice as much as you think it's going to. But I really think this is a
building you don't want to lose. I wish I could speak more knowledgably but I look at it and it's
a very attractive little building. The inside is going to need, obviously, some work, but it
certainly is not unattractive.
Supervisor Morey - If there are no other comments, are you willing to sit down with Gary and
do another schedule? I mean just let us know what's going on. We do have a legal contract and
we believe in a legal contract. It's just like, if we voided the contract with you, you would fight
us too regardless of what the contract says. We just want a finished product, whether you live
there it would be fine and if you don't and want to sell it, that's fine too. I don't know why there
would be a restriction on you to sell it.
Attorney Monty - That's the court order. That's not something the Town has any control over.
Supervisor Morey- So, the judge ordered that, okay.
Mr. Muka - I think the Supreme Court gave you permission to tear it down and permission to
restrict me from selling it. I believe you have the legal right to remove either of those.
Town Board Minutes Page 12 August 12, 2008
Supervisor Morey - I'm not so sure about that. Anything else from the Board? Thank you for
coming, I appreciate it.
Mr. Muka - I wasn't clear, now
Supervisor Morey - I want you to get ahold of Gary next week and redo a schedule, a realistic
schedule so that we will know exactly what it is and when you're going to have a completion
date.
Mr. Muka -And as far as finding a qualified buyer?
Supervisor Morey - I'll have to talk to Gary about that as well as the attorney.
MOVED by Supervisor Morey, seconded by Councilman Scheffler, to set the first 2009 Budget
Workshop for Thursday, September 4, 2008 at 7:00 pm.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
MOVED by Supervisor Morey, seconded by Councilman Gamel, to set Code Review
Workshops for Tuesday, August 19, 2008 and Tuesday, August 26, 2008, both at 7:00 pm.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
A request had been made concerning a diminishing lien for a housing loan made by the Town of
Groton to Lois Ploss. Mrs. Ploss wishes to give I/2 acre to her daughter out of the approximately
150 acres that are securing the mortgage. She is requesting a partial release of the mortgage so
that she could make the transfer to her daughter.
RESOLUTION #08-048 - RELEASE PART OF MORTGAGED PREMISES
OF LOIS PLOSS
MOVED by Supervisor Morey, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
WHEREAS, the Town of Groton is the holder of a mortgage dated the 24th day of May, 2006,
made by Lois M. Ploss to the Town of Groton, in the principal sum of$22,281.00 and recorded
as Instrument No. 505629-001 in the office of the Clerk of the County of Tompkins on March
19, 2007 covering certain lands and tenements and
WHEREAS, Lois M. Ploss has requested that the Town of Groton release plus or minus .53
acres of said lands while retaining the residue of the mortgaged lands as security for the money
remaining due on said mortgage, now therefore, be it
RESOLVED, that the Town Board hereby approves releasing the plus or minus .53 acres of land
from the mortgage.
Town Board Minutes Page 13 August 12, 2008
Announcements:
➢ Zoning Board of Appeals -August 20, 2008 at 7:00pm. (Has been cancelled)
➢ Planning Board- August 21, 2008 at 7:30pm
➢ Groton Olde Home Days - August 15 & 16 - Parade starts at 6:00 pm
➢ Groton Rotary - 70th Anniversary Celebration - September 8, 5-8 pm at the Benn Conger
Inn- RSVP
Supervisor Morey announced that the Town Historian, Rosemarie Tucker, had received a grant
from the New York State Archives to pay all expenses for her to go to Albany and conduct
research at the Archives. The topic of her research will be the Grand Army of the Republic.
Councilman Gamel mentioned to Ms. Tucker about how great the cemetery on Route 222 looked
and thanked her for her part in that restoration.
There being no further business, Councilman Sovocool moved to adjourn, seconded by
Councilman Scheffler, at 8:24 pm. Unanimous.
April L. Scheffler, RMC
Town Clerk