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HomeMy WebLinkAbout07-14-2009 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, JULY 14, 2009 AT 7:30 PM PUBLIC HEARING AT 7:45 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: Rosemarie Tucker, Jim Henry, Steven Thane, Nick Babel, Donald Palmer, Monica Carey, George Totman, Lyle Raymond, Mary Gloster, Damon Ferguson, Robin Cargian, Dewey Dawson, John Norman, Elizabeth Brennan, April Scheffler. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes of the June 9, 2009 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 182-214 of the General Fund in the amount of$24,293.62 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 105-126 of the Highway Fund in the amount of$24,090.92 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. Privilege of the Floor: Don Palmer - Thanked the Town for its thoughtfulness in sending a floral arrangement in recognition of the passing of Peg Palmer's mother. It was very much appreciated. Town Board Minutes Page 2 July 14, 2009 Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk - Submitted monthly reports for the Board's review and requested a budget transfer and a budget amendment. RESOLUTION#09-043 - 2009 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 2009 Budget transfer: General Fund- Town Wide: From: Contingency A 1990.4 $468.40 To: Traffic Control, Contractual A3310.4 468.40 RESOLUTION#09-044 -AMENDMENT TO 2009 BUDGET MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following amendment to the 2009 Budget: General Fund- Town Wide: Funds from Unemployment Reserve Debit: A511 Appropriated Fund Balance $1,883.37 Credit:A9050.8R Unemployment Insurance 1,883.37 Gary Coats, Code/Fire Enforcement Officer - Was on vacation but submitted his monthly reports for the Board's review. Richard C. Case,Jr., Highway Superintendent -Was absent. April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly reports for the Board's review. The Enumerator is finished counting dogs. We are still wrapping things up in the Clerk's office and probably will be for a month or so, sending out letters, tickets and having dog licenses come in. Last year, for the whole year, we had 131 new license, which represented an income for the Town of$1,294. This year, to date, we have 308 new licenses with an income for the Town of$4,588 because of the enumeration. We recently had a call from Brown's River Restoration, the people who restore our archival books each year. They were working on one of our court docket books from the 1920's and found, tucked between pages, a 1914 Lincoln five dollar bill. They de-acidified it and sent it back to us. We were all really impressed with their honesty, too. What we have been able to Town Board Minutes Page 3 July 14, 2009 find out online is that it is worth somewhere between $40 and $80. We'd like to get it framed and display it somewhere here in the courtroom or someplace. I gave each of you a poster for the photo show which will take place in the courtroom during Olde Home Days. Robin and I have been working on that. Dewey has gotten us a really nice banner and lawn sign to help advertise. 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. Justice Norman - We have our intern, Dillon Hoffman, who's doing a great job. Monday night he was in Court with us. I had over 30 cases and he was really hopping with making copies of documents and things like that. I think there's a possibility that we can keep him on, with no expense to the Town. It's paid for by the County. He's doing a good job for a 16-year old boy and seems to really have taken to it. He's doing a lot of filing and things that need to be done. It's not full time,just 3 or 4 hours a day. Councilman Donald Scheffler, as Recreation Coordinator - Had nothing to report. Jim Henry was present to request that the Town Board consider a subordination agreement in regard to a diminishing lien agreement between the Town of Groton and Valerie Beckley. RESOLUTION#09-045 -APPROVE MORTGAGE SUBORDINATION AGREEMENT BETWEEN THE TOWN OF GROTON AND THE FIRST NATIONAL BANK OF GROTON MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the Town of Groton holds a Diminishing Lien Agreement dated the 21st day of April 2006, made by Valerie Beckley to the Town of Groton in the principal sum of$21,848.00 and recorded as Instrument Number 507957-001 in the Office of the Tompkins County Clerk, and WHEREAS, the First National Bank of Groton, before granting a mortgage to Valerie Beckley, requests that the Town of Groton enter into a Mortgage Subordination Agreement, now therefore be it RESOLVED, that the Town Board hereby approves the Mortgage Subordination Agreement between the Town of Groton and the First National Bank of Groton. Town Board Minutes Page 4 July 14, 2009 RESOLUTION#09-046 -AUTHORIZE SUPERVISOR TO SIGN MORTGAGE SUBORDINATION AGREEMENT MOVED by Councilman Scheffler, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby authorizes Glenn Morey, Town Supervisor, to sign the Mortgage Subordination Agreement between the Town of Groton and the First National Bank of Groton. RESOLUTION #09-047 - TOWN JUSTICE TO ATTEND TRAINING MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the payment of expenses for Dewey Dawson, Town Justice, to attend training on July 26-27, 2009 at Potsdam,New York. RESOLUTION#09-048-JUSTICE COURT TO APPLY FOR GRANT MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves and supports the Town of Groton Justice Court's application for a Justice Court Assistance Program Grant. RESOLUTION #09-049 - DONATION TO OLDE HOME DAYS MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves donating towards the expense of port-a- potties for Groton Olde Home Days. PUBLIC HEARING DRAFT OF TOWN OF GROTON LAND USE AND DEVELOPMENT CODE OF 2009 Supervisor Morey opened the Public Hearing at 7:45 pm and the Public Notice was read by the Town Clerk as published. Supervisor Morey announced that a response had been received that day from the Tompkins County Department of Planning pointing out at least two areas that the Board wants to review before passing the Code. After some discussion, it was felt that another Public Hearing would need to be set for September. Supervisor Morey invited people to come up and speak. Town Board Minutes Page 5 July 14, 2009 Lyle Raymond - I would like to state, as the Chair of the committee that produced the draft zoning ordinance, as you folks all know. We worked on it for more than two years and we worked with a consultant that the Town hired. Personally, we are very proud of the ordinance that we were able to give you. We felt that we were asked by you to produce this and we did so. Therefore, we are really puzzled as to the extensive revisions of the ordinance that we gave you to such an extent that in effect it is a new ordinance. It is not the same thing that we produced for you folks at all. We're puzzled by that. We felt that our time that was spent and the thousands of dollars that the Town spent to hire a consultant must have been wasted because if you folks had the capability, somewhere here, to produce what you have, then there was no need for us and we are puzzled as to why the H--- you appointed a committee in the first place if you were fully capable of producing the document that you have before you now. Otherwise, as I stated, I think that our time and the thousands of dollars of taxpayers' money that was used to hire a consultant was in effect wasted. And I think that's all I have to say. Some of the other members might want to say something too. Supervisor Morey- Lyle, could you be more specific of which section? Mr. Raymond -Well you know very well that most sections of the ordinance were revised. The definitions, all of them were revised. There were things taken out, things added, and differences made, and especially the translation of so much stuff into site plan review that was not intended when we produced that, to do that. In effect, it changes the heart of the whole ordinance. It's like taking the heart out of you and expecting the rest of your body to suffice and that's really what that does. And that's not the only ones that were there but I'll let the other committee members speak to it if they wish. Steve Thane - I'm also the Chair of the Zoning Board of Appeals and one of the things that we rely heavily on are definitions: what is a dwelling, what is a primary structure. The whole section on definitions seems to be a little trimmed down. One of the most glaring examples is a swimming pool. What is a swimming pool? I think there was a whole section in the book itself that explained when you needed fencing; when you didn't need fencing; how far filters needed to be from adjoining property lines; that sort of thing. It laid out very clearly what Groton thought a swimming pool was and I can't seem to find it in this new Code. I would also like to say that I can appreciate how many hours you have spent on this. This is a lot of work and I know that you spent many work sessions on this, so I can appreciate that because we also did the same thing. We spent two years on it, so I can appreciate how many hours you spent. Mary Gloster - I am concerned about the additions to the rural district, of all of the different commercial and retail establishments that you have put in to be allowed with special permit. When we wrote the committee's draft we hoped to divert commercial and retail organizations to better appropriate areas of some of the arteries coming into Groton. We were trying to do as the survey and the people of the Town of Groton asked us to do and protect fanning. You don't protect farmland by putting commercial and retail establishments in their fields. A site plan will not stop these establishments from coming in. If they don't come and apply and satisfy all health and safety requirements, the Planning Board's hands are tied. We cannot deny that permit. Would any one of you want to have, for instance, a slaughter house open up next door to you? That would be a commercial establishment; it could be there. It's something that I just ask you to think about. If it's in the Code as being allowed with a special permit then it can't be denied as long as they meet the regulations. There are areas in some of the other districts that would be much more appropriate for that type of thing. We had a lot of definitions for home industry, home businesses, at least three. You said someone asked you why they couldn't have a home Town Board Minutes Page 6 July 14, 2009 business; they could, but they've all been deleted from the definitions. We're not trying to stop people from having small repair shops or something in their homes or in their garage and that would still be allowable under the Code as we had written it. So, those are things that I would ask at least that you would take another look at. I recognize, as Steve said, that you guys have all worked really hard on this and you probably feel as close to it as we do to the version that we gave to you, but I just wish that there could be some compromise, especially for the agricultural district. I also, at some point, and it doesn't have to be tonight, but I was curious as to why the section two, why the rural subdivision had been taken out and it's now minor, major level one, major level two, and something else, industrial maybe. But I'm not sure why, I just was curious as to what purpose it served. Supervisor Morey - The Board determined that there is either a minor or major subdivision. So, instead of making it complicated, they just wanted the two subdivisions. Ms. Gloster - So, they kind of melded the rural and minor? Supervisor Morey- Yes. Supervisor Morey asked if anyone else wished to speak. He explained that the Board would not be passing the Code tonight but would be reviewing it again. Work sessions would be set that are public meetings and anyone may attend. He asked if the Board had any comments. Councilman Gamel - I appreciate the work that all of you put in as well. I know you worked really hard at the product that you put out. When that came out, with the first meeting with Mr. Frantz, there was a lot of concern that night over some of the things that had been put in, so we tried to address some of that as well. The home business thing, there were a number of issues that were concerns. One of the comments that someone made that evening was that there were 45 businesses in the Town of Groton, outside the areas that were stipulated. Well, if 45 businesses are successfully running in the Town of Groton, and Mr. Frantz kept referring to Route 281 in Cortland, we want to set up an area where it's like Route 281 in Cortland. I just don't think Groton is ready for Route 281 in Cortland yet. I think there are a lot of people that can't afford to purchase a piece of property to build a building on to have a business. If someone wants an antique shop .Mr. Raymond I remember when I was a kid one of my memories was to go to the Raymond farm to pick strawberries...and that's what Groton is to me and I think that's something that should be kept. I think that's where a lot of the changes have come from is to be able to do that as well as protecting the farm land but allowing the farmers the ability to sell their property for what they've got into it if the market doesn't bear that property becoming a farm again. We have to protect the farmers as well. There are a lot of issues that are out there but we just tried to work with what was there and what you guys had and tried to fix some of the things that people commented on the first time. I don't think it was a total disregard by any stretch of the imagination. I think we kept and worked with a lot of what you had. I think you guys worked really hard and did a nice job and we just tried to work on some of the things that were commented on the first time around and that's what we're going to do again. Supervisor Morey said that they had received two letters. Councilman Gamel read them for the record. The following was from Gary Watrous, Vice President of the First National Bank of Groton: "Attention: Glenn Morey. Dear Glen, I have read the proposed new zoning regulations that your Board will be reviewing tomorrow night. I believe that the Town Board Minutes Page 7 July 14, 2009 regulations as proposed would not significantly impact future Business/Commercial development in the Town. This final proposal is far superior to the original proposal which would have had a disastrous effect on future business development. The business community is very pleased that the Board spent the time to address these issues and develop a much more acceptable regulation. I believe that the business community would agree with me to endorse the revised proposal." The following was from Robert Walpole of Wapole Real Estate: "Dear Board Members: Certainly, in the opinion of our real estate office, the draft is workable. There are several checks and balances in place: the site plan review board, the zoning board and the zoning board of appeals. We generally meet with the various boards to get their input. Every case is different, and with the economic times, as well as areas which are able to be developed within the Village and Town, I am sure that the various boards will take that under consideration when making decisions." Supervisor Morey - It's been about three years since the Town of Groton embarked on a mission to update the Land Use and Development Code to make it more in line with the dreams and direction in which we want to proceed in the next five years. I'm very proud to live in Groton because it is a small rural community where people live and work and senior citizens can actually remain in their homes and young families can raise a family in safety. For the most part the existing Code worked very well but we had to update it and we had to make sure that it reflected current trends and technology and the laws that we have. There were regulations that conflicted, from page to page, and it was disorganized. But we had a very good Planning Board and a ZBA that works fantastically and we certainly did not want to ruin or hurt any way that they do their projects every month that they meet. So, we are going to sit back down. We aren't in any rush to push this through; it's been three years all ready. I'm sorry, Lyle, that you feel your time has been wasted, but no, it hasn't. The new Code, I believe was part of the old Code, what you gave us, and the opinions of the IDA, real estate developers here in Groton, and the agricultural community. Our commitment to agriculture is always going to remain strong and that's our first priority for the Town of Groton. We are going to close this meeting if nobody else has anything else to say and we will probably have another public hearing in September after we set some review meetings for August. Councilman Scheffler - I just want to say I appreciate the work you did too. We didn't look at it to change everything but maybe tweak some things, some definitions. I know Rick and I looked at it from the "devil's advocate" position of how somebody might twist this and get around it. Maybe that's how some of the definitions got changed. It wasn't our intent to hurt anyone's feeling by any means but we are here to do what we think is best for the Town and we felt that some changes were necessary. There being no further discussion, Supervisor Morey moved to close the Public Hearing and return to Regular Session, seconded by Councilman Sovocool, at 8:04 PM. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Town Board Minutes Page 8 July 14, 2009 Work Session for Code Review were set for August 4, 11, and 18, 2009 at 6:00 PM at the Town Hall. Discussion took place between Judge Norman, Judge Dawson and the Board concerning the permanent appointment of a Court Clerk and the wage to be paid to her. The Judges felt that she should be paid the budgeted amount for 2009 which would be $14.76 per hour. The Board offered a starting pay of $13.00 per hour. They would consider her six months worked as temporary Court Clerk to be her probationary period and add 50-cents per hour for that for a total of$13.50 per hour. After a lengthy discussion, a compromise was reached. RESOLUTION #09-050 -APPOINT COURT CLERK AND SET WAGE MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby appoint Cindy Vicedomini as Court Clerk at $13.75 per hour retroactive to July 13, 2009. Announcements: ➢ Zoning Board of Appeals - July 22 at 7:00 PM ➢ Planning Board- July 17 at 7:30 PM ➢ Next Board Meeting -August 11 at 7:30 PM There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:18 PM. Unanimous. April L. Scheffler, RMC Town Clerk