HomeMy WebLinkAbout06-08-2010 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING
TUESDAY, JUNE 8, 2010 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
Francis Casullo, Attorney for the Town
Also present: Robert Eckert, Jeff Furst, Rosemarie Tucker, Steven Kern, Robin
Swearingen, Sandi Swearingen, Sue Bennett, Joe Bennett, Stacey Black,
Gary Coats, Elizabeth Brennan, Richard C. Case, Jr., April Scheffler.
MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes
of the May 11, 2010 meeting as presented.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the minutes
of the May 20, 2010 Work Session as presented.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the minutes of
the June 1, 2010 Work Session as presented.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 161-190 of the General Fund in the amount of$19,853.58 were presented for
audit.
MOVED by Councilman Clark, seconded by Councilman Gamel, to approve the General Bills
for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 94 -116 of the Highway Fund in the amount of$207,565.48 were presented for
audit.
MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the Highway
Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Town Board Minutes Page 2 June 8, 2009
Monthly Reports:
Elizabeth Brennan, Bookkeeper/Highway Clerk - Presented monthly reports for the Board's
review and requested some budget transfers.
RESOLUTION#10-033 - 2010 BUDGET TRANSFER
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,that the Town Board hereby approves the following 2010 Budget Transfer:
General Fund- Town Wide:
From: Contingency, A1990.4 $256.65
To: Personnel, Contractual, A1430.4 256.65
RESOLUTION#10-03 - 2010 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 2010 Budget Transfer:
General Fund-Part Town:
From: Contingency, B1990.4 .$500.00
To: Village 150th, B7550.41 .500.00
RESOLUTION#10-035- 2010 BUDGET TRANSFER
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,that the Town Board hereby approves the following 2010 Budget Transfer:
Highway Fund- Town Wide:
From: Sick Time, DA5142.12 ...$349.00
To: Workers' Compensation Insurance, DA9040.8 349.00
Gary Coats, Code/Fire Enforcement Officer - Presented monthly report for the Board's
review. He said that there were 4-5 houses that will be started soon and will probably appear on
next month's report. Mr. Coats told the Board that the Town has never required a building
permit for roof replacements where there was no structural work being done but that New York
State now requires building permits for all roof replacements. The inspections for this would not
be labor intensive on his part. After some discussion on whether or not to charge a fee for this
type of building permit, the Board passed the following resolution.
Town Board Minutes Page 3 June 8, 2009
RESOLUTION#10-036 -ESTABLISH NO FEE FOR
NON-STRUCTURAL ROOF REPLACEMENT
MOVED by Supervisor Morey, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
WHEREAS, the State of New York requires a building permit for a non-structural roof
replacement be it
RESOLVED, that the Town Board hereby instructs the Code Enforcement Officer to require a
building permit for non-structural roof replacements within the Town of Groton and
BE IT FURTHER RESOLVED, that the Town Board hereby declares that no fee shall be
charged for a building permit for a non-structural roof replacement.
Richard C. Case, Jr., Highway Superintendent - Currently the Highway Shop is on schedule
with NYS Inspections and handling repairs as they come in. Roadside mowing has started and
will continue as time, weather and availability of an operator allows. The paving portion of the
Elm Street Extension project has been completed. The shoulders have been applied and field and
driveway accesses need to be finished. Ogden Road from Lafayette Road to Route 222 has been
paved with base blacktop to true the profile of the driving surface. Shoulders will be applied
when Elm Street Extension is finished. I have received notice that Tompkins County's payment
for 2010-2011 snow and ice contract will be $187,523.58. This is a 15% increase over the 2009-
2010 payment. I don't forecast any big changes if and when a road swap takes place. It has been
announced at the highway school that the CHIPS Funds are in place. Liz and I are ready to apply
for the Town of Groton's portion of these funds. I am pleased to report that the East Hill
Revolutionary Cemetery was ready for Memorial Day. A new flag pole was put in place as
requested by Glenn. The monument to the Revolutionary War soldiers was completely rebuilt
using the original stone. My thanks go to Jeff Brockway, Rick Satterly and the Village of
Groton Electric Crew and their crane for a job well done. Just to go along with what Gary was
saying about these new houses, we still install the driveway culverts for these new houses. The
owners buy the pipe themselves, but we still maintain the right-of-way and we're probably one
of the last to continue to do that. But I think it's a good service that we provide and it also
allows us to maintain the right-of-way the way it should be and everything is placed to our specs
instead of working with people who don't understand what we're trying to do.
Councilman Gamel asked about the proposed road swap between the County and the Town.
Mr. Case explained that it would be pretty much an even exchange, mile for mile, if and when
the swap takes place.
Attorney Casullo explained that there is a specific section of State law that has to do with when
a county wants to take over a town road, but there is no counterpart for when a town wants to
take over a county road. He has talked to people in Albany and is working on how to do the
exchange correctly and expects to have an answer for the Board by the next meeting.
Supervisor Morey asked about annual vacation time for the Highway Department and Mr. Case
said they would be shut down the first two weeks in July.
Town Board Minutes Page 4 June 8, 2009
April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly reports for the Board's
review. She had done a presentation to TCCOG on the dog licensing issue and apparently the
County has given up the idea of creating a database once they realized that they were no longer
going to get a share of the money from licensing. She and Rosemarie Tucker had made their
presentation on Verne Morton at the Conference on New York State History last week and at the
History Center the week before that. They will also be presenting it in McLean in August.
Things have been busy in the office but there is nothing specific to report.
Francis Casullo, Attorney for the Town - I've been working on that highway issue for Rick.
With respect to the proposed Code, there were some changes to the zoning districts which I think
we've got squared away know. Most importantly, we're working on trying to straighten away
some of the language relative to subdivisions that Gary and April caught hold of and I think it's a
good idea that we get that squared away before we pass anything. That's of extreme importance
given how many people come in with subdivision applications. I think we're well on our way to
getting that straightened away and hopefully have a final by next month and go from there.
John Norman & A.D. Dawson, Town Justices - Were not present but had submitted monthly
reports for the Board's review.
Councilman Donald Scheffler, as Recreation Coordinator - Had nothing to report.
Privilege of the Floor:
Robert Eckert- I just want to know if you guys have any questions on the next festival or if you
guys have done anything with the mass gathering permit. I plan on doing this September l ltn
and kind of the same thing as last year except that I'm going to following your permit, well the
one that you guys have in the works so far. We'll have the music start at 10 and end at 10; with
the security guards there; and the insurance; and the port-a johns. Well, I messed up last year
and didn't have the potable water there,but I'm going to have it this time. Do you guys have any
questions for me?
Supervisor Morey- I don't think we'll have the mass gathering regulation done by then.
Attorney Casullo - I don't know. To be honest with you, I've been working on that. As you
know, there's been some issues on that. Then, quiet frankly, the subdivision issue came up the
past month and we've been waylaid with dealing with the subdivision. That is just as crucial, if
not more important, than the mass gathering to make sure that we have this subdivision language
squared away. It's going to be a rather substantial deviation as far as subdivisions and what has
been taken place in the past. We're going to get rid of that three year thing, which I think is a
great thing, because nobody can keep track of what's gone on in three years anyway. So, we're
sort of rewriting that. The best I can tell the Board is we'll keep plugging away. I don't know
how many work sessions this Board has had and you know what happened last session, we
talked about all the changes in the zoning districts. So, we're plugging away at it. I just can't
tell you when we're going to get it done. As I told April before the meeting, you want to get it
all done, in final form that the Board is comfortable with, April and Gary are comfortable with,
and then put it out for a final time before the public to let the public have an opportunity to be
Town Board Minutes Page 5 June 8, 2009
heard. I think what we're trying to do is button up everything and I just can't tell you if and
when we'll get it done. The last thing, as I've told you before Glenn, I don't want to just rush it
just for the sake of getting it rushed and then the next thing we have to do is a month or two later
start enacting local laws to amend a brand new code. So, that's why I wanted to sort of slow the
train down a little bit. And of course, after the last public hearing, there were some things we
missed, so that's what I want to catch.
Supervisor Morey - Bob, we would really appreciate it if you would keep it within the spirit of
the regulation if you're going to have a concert.
Robert Eckert - Keep it within your mass gathering permit?
Supervisor Morey- Please.
Robert Eckert - I don't have a problem with that. As I told Gary before, that's what I plan on
doing anyways.
Councilman Gamel - How many days will it be?
Robert Eckert - Just the one, with the overnight camping. Is there anything you guys would
like to know or do you have any suggestions for me to do or anything you'd like to see there?
I'm going to have a mechanical bull, so it's going to be a lot of fun.
Attorney Casullo - Let me do this, if you don't mind. Probably, sooner than later, if the Board
doesn't mind, maybe I'll have a discussion with Mr. Eckert. If it's okay with the Board. (Board
says that would be fine.) Certainly, not only will I have a discussion with Mr. Eckert, I certainly
will have a discussion on this mass gatherings with the attorneys on the other side just to keep
the lines of communication open, be fair, let everybody know what's going on, where we stand.
I certainly will keep the people on the other side of this issue informed through their attorneys. I
just want to be above-board. But if someone asks me have we really moved much on this mass
gatherings in the past month, no we haven't because of these other issues. When we get to it I'll
certainly make sure everybody will have their say to me and I'll make sure we get it all squared
away and everybody knows what's going on.
Supervisor Morey- Bob, is that okay?
Robert Eckert - Yeah. I want to be completely open with you guys. I don't have any problem
with that at all. We plan on having ambulance service there too this year because I guess the
jumps that these guys are putting in, well, it is an extreme sport, I guess. The last jump is
supposed to be 40 feet from peak to peak and I guess that's going to bring in a lot of national
riders to the venue this time. If things go pretty decent this year then it's possible that next year
that Fuel TV will be up there and video taping it. So, it should be a pretty good event.
Attorney Casullo - I don't know much about what Mr. Eckert just said but I'll talk to him about
it and he can fill me in a little bit more. I'm not sure, I assume it's a motor sport thing?
Robert Eckert -No, bicycles.
Attorney Casullo - Bicycles. I'm sure I'll learn from him. I will give him a call and we can sit
down and have a discussion. I'd be more than happy to not only meet with him but the people
Town Board Minutes Page 6 June 8, 2009
on the other side and try to be as fair as we can before we tender this final version of what we're
going to do. If that's okay with the Board.
Councilman Gamel- Just on a personal note, Bob,just remember that you have neighbors.
Robert Eckert - I know that. I'm not going to lose the fact that I have neighbors. I know
there's a couple of squeaky wheels in the mix but I'm trying to accommodate everybody. My
one thought was to maybe give her a ticket to Hawaii or something for the weekend but then I
know that everybody would be complaining.
Sue Bennett - I'd like to give you a ticket.
Steven Kern - I have been reading about the concerns of some of the neighbors of Mr. & Mrs.
Eckert regarding their Sports and Music Festival on the Town website. He has been holding this
event for years now and is planning for this year's event.
First of all, I am dismayed that the Town would consider new town-wide regulations due to one
event at the insistence of a few complainants. Our family shares a very long property line with
the Eckerts and they are good neighbors. For the record, this is the first time I've seen Mr.
Eckert. Our home is little more than a quarter of a mile from the stage and we have no problems
with the music or the crowd. The music stopped early last year and we had no festival-goers or
trash on our property.
We do not fit into the demographics of the festival, look at me, but that doesn't mean that we
can't appreciate folks putting on a good time for the public. It seems that for one night a year the
vocal minority could make allowances for a little noise and be happy that others are having fun.
I understand that Mr. & Mrs. Eckert met with the Tompkins County Health Department and
explained their past and future events. They plan to have, and Mr. Eckert just went through this,
port-a-johns, hand-washing sinks, bottled water, food catered by a permitted food vendor, a
security crew, an audience well within the bounds of a mass gathering required by the Tompkins
County Health Department permit, EMS and fire crew on-site, and an open fire prohibition. The
Tompkins County Health Department was consulted about the plans even though no permit is
required for the event. The Eckert's have and will be providing a safe event for the public and
the neighborhood.
At this point in our history, except in exclusive gated communities, we still have certain rights.
One of those rights is that the standards of one group cannot overrule those of another group
based on personal preferences. I have read a mountain of minutes in which one group is
attempting to use all sorts of"straw-grasping, scatter-shot, let's throw it against the wall to see
what sticks" "legal" arguments to obfuscate their basic argument that they "don't like" what the
Eckert's are doing or what certain performers are saying. When we let that argument of"I don't
like" win in the arena of law, we have all lost something vital. Health and safety are concerns
and must be codified,but words are just words.
Supervisor Morey - Mr. Kern, mass gathering laws are not new regulations. There are several
towns around that have them.
Steve Kern - Yes, but in New York State there's a mass gathering law that Tompkins County
Health Department has to regulated, has to deal with and that's 5000 people.
Town Board Minutes Page 7 June 8, 2009
Clerk Scheffler asked if she could have a copy of his letter for the minutes. Since he didn't
have an extra copy he said he would email them to her.
Sue Bennett - I just want to clarify that online Bob's event that he's advertised, he's advertised
the music for one day but he's advertised the event for three. So, I just would like to point that
out to have clarification on that if you make arrangements. You said, Fran, that you would talk
to Bob and I was just clarifying, I wasn't hearing well in the back, did you say that you would
also talk to parties on the other side?
Attorney Casullo - Absolutely. I've already talked to both attorneys on the other side and not
only will I talk with Mr. Eckert to get his views, but absolutely will I be talking to Mr. Chatfield
and Mr. Tavelli. We never will listen to just one side.
Sue Bennett - Well, I know that other people have expressed an interest in speaking to you and
one of them was Hugh Keegan.
Attorney Casullo - All they've got to do is call. If I'm not there it's because I'm in court but I'll
call them back as long as they leave a number.
Sue Bennett - All right. So, I'll let them know that. There were a couple people who were
interested in that.
Attorney Casullo - The only thing that I would ask is that if they are represented by an attorney,
the group of people that hired an attorney, for ethical reasons I would prefer just to talk to their
attorneys. I don't want to start talking to people who have attorneys but if they don't have
attorneys, and they want to talk to me about it, then by all means.
Sue Bennett - Okay, I'll let them know that.
Supervisor Morey- Is Hugh part of the group?
Sue Bennett - I'd have to look at the paperwork. I'd have to look at the papers because I can't
say a hundred percent certainty. I had given a list of names when we were asked, that they
wanted at least four names, and I don't remember what four names they used out of a list of
twelve. So, they have four names on the paperwork for the attorneys. We had a group of twelve
people.
Attorney Casullo -If they're not part of the group, I'd be more than happy to talk to them.
Sue Bennett - And I'd just like to clarify that Bob said he's feeling like there's only a couple
people and it's not a couple people and I'd just like to clarify that again. I'm just the
spokesperson. I'm not the person who is rallying the troops or creating bonfires or something
and I don't want a ticket to Hawaii.
Robert Eckert - I was just kidding.
Sandy Swearingen - I would just like to speak to Mr. Kern. I know you said that you didn't
have a problem with it and that's fine and good, but there was at least five people that called 911
to report the noise and so they do have it on record, I'm sure, with all of us that had to be spoken
to by the State Police who actually came out. So, it was after 11:00, I believe, at that point and
Town Board Minutes Page 8 June 8, 2009
that is late and it did go on longer. And to say that the roads are safe and the safety, I can't
believe the Eckerts could guarantee that with the alcohol that would be "bring your own bottle"
that you can guarantee that everyone drives away from their property not under the influence.
So, I do think there's still a big concern. And he did mention in a blog that he was hoping that he
could get a permanent status as a campground and then he could entertain 24-7, no rules. So, I
do think that we have to have some transparency here.
Supervisor Morey - Just a reminder that when you come up to speak that you direct your
questions to the Board. Joe, do you want to say anything?
Joe Bennett- I'm good.
Jeff Furst - Is a volunteer with the Cayuga Lake Floating Classroom, which is a project of the
Cayuga Lake Watershed Intermunicipal Organization of which Groton is a member. The
mission of the Floating Classroom is to engage all communities in the future of Cayuga Lake. Its
lake cruises and programs blend science, historical perspective, personal values and fun for the
purpose of enhancing environmental literacy and inspiring stronger personal relationships with
the waterways that define our communities. They hope to equip residents and visitors, alike,
with knowledge to improve their lives, their communities and their environments. Mr. Furst
showed the Board a Power Point presentation, told how Groton school kids have benefited from
the program, and asked that they consider making a donation to the project for next year's
budget.
Supervisor Morey discussed the Tompkins County Municipal Health Insurance Consortium
with the Board. Because the Consortium would start on day one with no funds, the New York
State Insurance Department is requiring a $2,000,000.00 reserve before approving the
Consortium's Certificate of Authority. The municipalities within the Consortium have been
asked to come up with a share of this money. Groton's portion would be $11,675.00 and would
be paid back to the Town over the next five years. Participating in the Consortium will save the
Town 24% in insurance premiums while maintaining the current coverage for employees. The
savings will be well over the $11,675.00.
RESOLUTION#10-037-APPROVE PAYMENT TO TOMPKINS COUNTY
HEALTH INSURANCE CONSORTIUM
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves a payment of$11,675.00 to the Tompkins
County Health Insurance Consortium for the Town of Groton's portion of the 2010 reserve
account required by the New York State Insurance Department.
The Board discussed the new requirements of the New York State Retirement System
concerning elected and appointed officials who do not use a time keeping system. Clerk
Scheffler passed out the preliminary information from the employee logs for the Board's review
and explained that at the July meeting they would need to pass a resolution stating the standard
work day for each position and how many days per month would be reported to the Retirement
System.
Town Board Minutes Page 9 June 8, 2009
Supervisor Morey announced that they would not be scheduling any work session for code
review, however Attorney Casullo, Gary Coats, and Clerk Scheffler will continue to work on it.
Announcements:
➢ Planning Board Meeting - June 17 at 7:30 pm
➢ Zoning Board of Appeals Meeting - June 30 at 7:00 pm
➢ Village of Groton Sesquicentennial - June 11-13
➢ Thank you note from the Coats Family
➢ Thank you not from the Shurtleff Family
There being no further business, Councilman Sovocool moved to adjourn, seconded by
Councilman Scheffler, at 8:30 PM. Unanimous.
April L. Scheffler, RMC
Town Clerk