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HomeMy WebLinkAbout04-14-2009 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, APRIL 14, 2009 AT 7:30 PM PUBLIC HEARING ON SMALL CITIES GRANT PUBLIC HEARING ON PROPOSED LOCAL LAW #1 FOR 2009 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: Tyke Randall, Peg Palmer, Donald Palmer, Chris Norman, Laura Ripley, Jim Marland, John Spence, Greg Eades, Matt Cooper, Dewey Dawson, John Norman, Elizabeth Brennan, Richard C. Case, Jr., April Scheffler. MOVED by Councilman Sovocool, seconded by Councilman Gamel, to approve the minutes of the March 10, 2009 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. MOVED by Councilman Gamel, seconded by Councilman Clark, to approve the minutes of the March 14, 2009 and April 7, 2009 Work Sessions as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 89-123 of the General Fund in the amount of $22,799.30 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 45-63 of the Highway Fund in the amount of $9,994.61 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 April 14, 2009 Supervisor Morey offered Privilege of the Floor but no one wished to speak. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk - Presented monthly reports for the Board's review. She requested amendments to the 2009 Budget, for unemployment insurance and one to add grant money received from Tompkins County for Olde Home Days. Ms. Brennan explained to the Board that one former employee currently receiving unemployment insurance qualified for the COBRA subsidy provision contained in the stimulus package signed by the President. The Town will be paying 65% of the health insurance premium($410.07)per month for nine months. RESOLUTION #09-029 -AMEND 2009 BUDGET- UNEMPLOYMENT RESERVE MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark,Morey RESOLVED,that the Town Board hereby amends the 2009 Budget as follows: General Fund- Town Wide: Funds from Unemployment Reserve Debit: A511 Appropriated Fund Balance $1,231.99 Credit: A9050.8R Unemployment Insurance 1,231.99 RESOLUTION#09-030 -AMEND 2009 BUDGET - OLDE HOME DAYS MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED,that the Town Board hereby amends the 2009 Budget as follows: General Fund- Part Town: County Funds Received for Olde Home Days Photo Exhibit Debit: B2389 Olde Home Days ....$500.00 Credit: B7550.4 Celebrations, Olde Home Days .500.00 Richard C. Case, Jr., Highway Superintendent - The shop has been busy starting the changeover of equipment from winter maintenance to summer maintenance. During March, an attachment for the shoulder machine was designed and built. The Town's equipment trailer is well on its way to being refurbished. Rick Neville has built portable sign frames that can handle the new speed and traffic count sign. These projects have all taken place in-house and with Town labor. All intersections and hills have been power broomed once and will be redone where needed. Shoulder repairs and plow-digs have been and are continuing to be addressed. The repair of damage to Cemetery Lane due to being used as a detour for the McLean Bridge is underway now that ground frost is gone. Pothole patching is also taking place when time allows. With the good weather in March, ditching and driveway installation for new housing has started. Town Board Minutes Page 3 April 14, 2009 New York State Electric was contacted in regards to street lights being out in both McLean and Peruville Lighting Districts. Lights were repaired and replaced with new energy efficient bulbs. Annual inspections for the building have been and will be taking place. The ADT alarm system and fire extinguishers are up to date. The boiler is scheduled for inspection this month. I am waiting for an update on the scope of the work orders for both the installation and electrical work needed to install handicapped access doors for the main entrance. I hope to have that ready for your approval at the next meeting. I have submitted the necessary paperwork to continue on the NYS OGS De-Icing Salt Bid for 2009-2010. RESOLUTION 09-031 - HIGHWAY SUPERINTENDENT TO ATTEND SCHOOL 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 Highway Superintendent, Richard Case, to attend the 2009 NYS Association of Highway Superintendents Cornell Highway School, June 1-3, 2009. RESOLUTION#09-032 - SCHEDULE CLEAN-UP DAY MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board tentatively sets the joint Town & Village Clean-Up Day for Saturday, May 16, 2009. April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly reports and final Tax Collector report for the Board's review. Victoria Monty, Attorney for the Town - Had nothing to report. John Norman & A. D. Dawson, Town Justices - Submitted monthly reports for the Board's review. Councilman Donald Scheffler, as Recreation Coordinator - Gave everyone a copy of the Recreation report from Viola Fitzgerald. The brochure for summer programs will be out in a couple weeks. Duane Randall, County Legislator - Thanked people for nominations for the Distinguished Youth Award. Peter Jackson has been chosen for the award, which will be awarded at the next meeting of the County Legislature. Health and Human Services will be awarding the 2009 Youth Action and Community Service Recognition and nominations could also be made for that. Many non-profit organizations received tax bills for solid waste fees this year who had never Town Board Minutes Page 4 April 14, 2009 received these bills before. Mr. Randall was attempting to get the fee lowered for the Groton Historical Society as they are only open part time and do not generate any recyclable items. RESOLUTION#09-033 - PROCLAIM FAIR HOUSING MONTH MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988 and, WHEREAS, the Month of April 2009 has been designated by the U.S. Department of Housing and Urban Development's Office as Fair Housing and Equal Opportunity as Fair Housing Month, NOW, THEREFORE, BE IT RESOLVED,that the Town Board of the Town of Groton hereby declares and proclaims April as Fair Housing Month in the Town of Groton. RESOLUTION#09-034 - PROCLAMATION OF POPPY TIME IN THE TOWN OF GROTON MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the Carrington-Fuller American Legion Post #800 Auxiliary works unselfishly throughout the year to aid members of the Groton Community, and WHEREAS, the American Legion Auxiliary annually sponsors the traditional offering of the "POPPIES"to the Groton area, and WHEREAS, by offering these "POPPIES" the Auxiliary helps to benefit the needs of the disable American Veterans by providing workshops and therapy for them through the Veteran's Hospitals, NOW THEREFORE, I, Glenn E. Morey, Supervisor of the Town of Groton, DO HEREBY PROCLAIM, the month of May 2009 to be "POPPY TIME" in the Town of Groton and respectfully encourage all members of the Groton Community to generously support the Legion Auxiliary during "POPPY TIME". Work Sessions for Code Review were set for Tuesday, April 21, 2009 at 6:00pm and Tuesday, May 5, 2009 at 6:00pm. Announcements: > Zoning Board of Appeals -April 22, 2009 at 7:00pm > Planning Board has been cancelled for this month > Thank you note from Steve Gobel for the loan of the Town's chairs for the annual meeting at the Groton Bank. Town Board Minutes Page 5 April 14, 2009 RESOLUTION#09-035 - SET DATE FOR LOCAL BOARD OF ASSESSMENT REVIEW MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board sets the date for Local Board of Assessment Review for May 14, 2009 from 3:00 - 6:00pm. PUBLIC HEARING ON SMALL CITIES GRANT The Public Hearing was opened at 8:00pm. The Public Notice was read by the Town Clerk as published in the Town's legal paper, the Groton Independent. John Spence, Better Housing for Tompkins County, was there to speak about the grant application, which is a resubmission of the grant that was not awarded to the Town last year. Mr. Spence had met with people in Albany for an evaluation of the grant and had learned that the Town had missed out on the award by a very narrow margin and there was a good chance that we would get an award in this round of grants. One of the things they are going to change will be that instead of submitting photos of the front of the houses in need, they should show explicitly the damage and the areas of the house that need to be fixed. The grant goes in next week and they hope to hear by August or September as to whether the grant is awarded or not. If it is awarded, an oversight committee will be formed and work should begin in January of 2010. Laura Ripley - Said that she had seen the ad in the paper and had called Thoma and gotten a paper to fill out but had lost it. She wondered if it was too late to apply. Supervisor Morey explained that Thoma Associates were writing the grant for the Village of Groton. The Village gets a grant for people living within the Village and the Town applies for a grant to help people outside the Village. Ms. Ripley said that she lived in the Village. Mr. Spence requested a copy of the resolution for Fair Housing Month to send with the application. Supervisor Morey moved to close the Public Hearing, seconded by Councilman Gamel, at 8:09pm. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey PUBLIC HEARING ON PROPOSED LOCAL LAW#1 FOR THE YEAR 2009 Supervisor Morey moved to open the Public Hearing on Local Law #1 for the Year 2009, seconded by Councilman Sovocool, at 8:09pm. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey The Town Clerk read the Public Notice as it appeared in the Town's official paper, the Groton Independent. Town Board Minutes Page 6 April 14,2009 Victoria Monty, Attorney for the Town, explained that the proposed local law was presented and discussed last month and that it would allow non-residents to be appointed to public offices. Donald Palmer had a prepared document that he read addressing his concerns about the proposed law and asked why there was a need for this law. Up until now, openings had been advertised and preference given to Town of Groton residents. If there were no suitable candidates from Groton, suitable candidates from nearby communities were hired. This seemed to work well. The Town now has two nonresidents, the Bookkeeper and the Code Enforcement Officer. Why is there a need now to waive residency for all appointed offices? Mr. Palmer asked if there was a hidden agenda for pushing the law now. The only vacant position at this time is that of Court Clerk. The former Court Clerk was "involuntary terminated" by the Judges after 35 years with no reason given except that "the reappointment would not be in the best interest of the functions of the Groton Town Court." Mr. Palmer said this person had indicated a desire to retire in 2010. He also said that a replacement had been recruited from Enfield, hired before the termination and began work in late December 2008. New York State Public Officers Law, Article 2, Section 3.1, states that an officer must be a resident and New York State Town Law, Section 20 addresses the hiring and firing of Court Clerks and that it must be done "upon advice and consent." These complications were brought to the attention of the Town Supervisor and Deputy Supervisor during a requested "exit interview" on December 30, 2008. At the 2009 Organizational Meeting the position of Court Clerk was listed as "vacant" and the new hire was appointed as a temporary Court Clerk. The position was advertised to the public in the March 10 issue of the Shopper with an application deadline of April 6. Mr. Palmer pointed out that the ad indicated that it was an "at-will" position and the person would serve at the discretion of the Court Judges and that the applicant be proficient with normal computer applications and SEI Courtroom Software, network version. He said that people in the community were intimidated by the "at-will" statement and that no other ad in the country contained this verbiage. He also felt that anyone knowledgeable in computers could be trained in the Courtroom Software because it is not "rocket science." He felt the ad was written to exclude anyone in Groton. However, if someone was hired from Groton as a result of the ad, there would be no reason for enacting the local law. If no qualified Groton candidate is found, Mr. Palmer said that the ad should be resubmitted in a more appealing format and give another opportunity to someone already trained or who could be trained. If no qualified candidate was then found, it could be opened to neighboring communities and counties. If one was found, that would be the time to introduce a local law to waive the residency requirements for that position only. He said that his review of waiver requests approved by the Secretary of State all appear to him to be for specific positions. He said that the "young lady" temporarily filling the position is friendly and apparently very competent in performing her duties, as she has been observed over the past several weeks. If no other candidate is found and she is ultimately hired, then and only then, should a local law be passed and then it should be for that position only. There is also some objection to the wording of the law where it says that it effectively waives the residency requirements for all appointed Groton public offices, making it appear that Groton residents will no longer have the opportunity for consideration. He also felt that the wording under Section 3, that it refers to all public offices and would seem to imply that this also meant elected positions as well as appointed. He asked that the Town Board not enact the local law as drafted. Another person was going to make an appearance but had to make other arrangements but had told Mr. Palmer that she had spoken to two Board Members and expressed her concerns. Supervisor Morey asked if anyone knew about another person. Councilman Scheffler said that he had had a phone call. Town Board Minutes Page 7 April 14, 2009 Supervisor Morey assured Mr. Palmer that there was not a hidden agenda. The Board had found out that they needed to make a correction to something that was an existing situation. There are two people who do not live within the Town, Gary Coats, the Code Enforcement Officer, and Liz Brennan, the Bookkeeper. When they advertised for those positions, it was advertised for everyone and the most qualified people were found to be not in the Town of Groton. This is not a waiver of all the positions, but it gives us the choice to hire the most qualified person for the position. Supervisor Morey said that he could not comment about the other person's employment history because it is in litigation. The advertisement for the position was to find the most qualified local resident and that is why it was appointed as a temporary position first. No on has been hired full time yet. Gregg Eades - My only comment is to keep it local. That's what we did when I was on the School Board. Supervisor Morey- Yes, I agree with you. But what we found out, through this situation, is that we are in violation of Section 23 of the New York State Town Law. We now have two positions that are filled with nonresidents. One was here before my tenure and the other since I have been here. But our first priority is to hire within the Town. It always has been. Laura Ripley - How many applications did you get from that ad? Judge Norman replied that there were 18. Councilman Scheffler - I understand the need for this law. I don't like the way it came about, or the way it was presented to us, but I understand the need for it. Supervisor Morey - Mr. Eades, our policy is to hire locally, but the law covers us if we don't, that's all it is. Supervisor Morey moved to close the Public Hearing, seconded by Councilman Gamel, at 8:23pm. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLUTION#09-036-ACTION ON PROPOSED LOCAL LAW#1 FOR 2009 MOVED by Councilman Sovocool, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby moves to adopt Local Law #1 for the Year 2009 entitled A Local Law To Establish the Residency Requirements For All Appointed Public Offices Of the Town of Groton, as filed in the Office of the Town Clerk and the Office of the Secretary of State. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:24pm. Unanimous. April L. Scheffler, RMC Town Clerk