HomeMy WebLinkAbout11-03-2010 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING
TUESDAY, NOVEMBER 3, 2010 - THE TOWN HALL, 101 CONGER BOULEVARD
PUBLIC HEARING ON 2011 PRELIMINARY BUDGET AT 7:30 PM
PUBLIC HEARING ON 2011 FIRE & AMBULANCE CONTRACT
PUBLIC HEARING ON LOCAL LAW ENTITLED "LICENSING, IDENTIFICATION AND CONTROL
OF DOGS IN THE TOWN OF GROTON" AT 8:00 PM
Those present: Glenn E. Morey, Supervisor
Ellard L. Sovocool, Councilman
Donald F. Scheffler, Councilman
Richard B. Gamel, Councilman
Sheldon C. Clark, Councilman
Fran Casullo, Attorney for the Town
Also present: Sue Bennett, Joe Bennett, Donna Simons, Steve Simons, Robin
Cargian, Bert Scott, Jr., Arnold Scott, Amanda Scott, Tracey Brant,
Gary Coats, Richard C. Case, Jr., April Scheffler.
MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the
minutes of the October 12, 2010 Town Board Meeting as presented.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
MOVED by Councilman Scheffler, seconded by Councilman Gamel, to approve the
minutes of the October 19, 2010 Public Hearing on the Town of Groton Land Use &
Development Code as presented.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
Claim Numbers 302-330 of the General Fund in the amount of $9,976.40 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 193-206 of the Highway Fund in the amount of $67,068.06 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.
Town Board Minutes Page 2 November 3, 2010
Supervisor Morey moved to open the Public Hearing, seconded by Councilman
Scheffler, at 7:33 pm.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
PUBLIC HEARING ON THE 2011 PRELIMINARY BUDGET
The Public Notice for the Public Hearing on the 2011 Preliminary Budget and the 2011
Fire and Ambulance Contracts was read by the Town Clerk.
Supervisor Morey - To be perfectly honest with everyone, this is the hardest budget I've
worked on in the last 20 years in public service. This year's budget will stay the same as
it was in 2010. This is a very tight budget and the Board and department heads have
worked very hard to keep their needs to a minimum. Some of the increases we have to
contend with are the fire and ambulance, retirement, insurance and our youth services.
One good note is that our health insurance will be going down because we became a
member of the Tompkins County Health Consortium. During our final review, looking for
ways to cut the budget, we looked for ways to ease the cost and increase efficiency.
The line items that were identified were items that would severely affect the future of
the Town of Groton. This year we added additional money to the youth services
program to adjust for cuts from the County. This budget is very tight and I don't think
anybody on the Board is very happy with it but we think we can stand behind it. We
had to make extreme decisions and what is presented is before you. One of the most
difficult decisions was on raises and I have to say that everybody did get a raise except
the Board and the Town Supervisor did not receive a raise. From the budget, we will be
raising $1,353,869.00 in taxes, which equals $6.18 a thousand, which is the exact same
thing that we had last year. Are there any comments?
Steve Simons - I guess as far as the assessment base, have they given you any idea on
how the assessment base is going to, is it going to go up or go down, because that's
basically what our taxes are based on. Our tax rate may remain the same but if the
assessment goes up the taxes will go up.
Supervisor Morey - Well, you should have gotten a notice already about your
assessment.
Steve Simons - I mean overall, have they given you any idea?
Supervisor Morey - Yes, it went from $410,685,000 to $416,000,000 so that was a raise of
$6,000,000 and I think that was due to all the new houses that have come in.
Steve Simons - Well, that and everybody else's assessment going up. So, in all honesty,
our taxes will go up 2....(not using microphone) based on assessment. I guess the
second question is fire and ambulance, did they increase?
Supervisor Morey - Yes, we'll discuss that in the next public hearing. It went up $5,000.
Supervisor Morey moved to close the Public Hearing on the 2011 Preliminary Budget,
seconded by Councilman Scheffler, at 7:38 pm.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
Town Board Minutes Page 3 November 3, 2010
Supervisor Morey moved to open the Public Hearing on the 2011 Fire and Ambulance
Contracts, seconded by Councilman Gamel, at 7:38 pm.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
PUBLIC HEARING ON 2011 FIRE AND AMBULANCE CONTRACTS
Supervisor Morey - The ambulance went from $96,000 up to $101,000. That's a little less
than 5%, about 4.9%. The fire department went up 5% from $100,000 to $105,000. The
reason why is the requirements that the State is putting on the fire department, the
equipment, the training, things like that that went up this past year.
Robin Cargian - In the ambulance budget, I was wondering if the Town would consider
doing some sort of sponsorship of the volunteers, trying to encourage volunteers to
come on board. I know that's probably one of the major issues that they're facing right
now and I know the Village is struggling to try to figure out how to possibly get people
to run ambulance calls. Instead of out and out paying someone would there be a way
of saying to the fire department, can we match, or some sort of a benefit to say, okay if
you run a certain number of calls, that you would kick in some kind of monetary fund for
each individual that's willing to do that?
Supervisor Morey - Are you looking for a donation or are you speaking on behalf of the
fire department?
Robin Cargian - I'm speaking on behalf of the fire department, looking at the problem
that they're having and particularly the ambulance. We know that the need of
paramedics is going to increase as the baby boomers get older and they're trying to
stay home. Those are national figures. I checked out the Federal employment
numbers and they said it's just going to increase. The State could at some point in time
tell us that we're no longer going to have a basic ambulance; you're going to have to
have advanced life support.
Supervisor Morey - That's the issue their dealing with right now.
Councilman Gamel - That's the issue. They're going to have to, I can't foresee it not
being paid. I just wonder, I understand the idea, but I wonder if that's really paying
them.
Robin Cargian - It's at least paying for their training. I've looked at the information. I'm
not sure how the Village is going to get around
Councilman Gamel - The fire department pays for their training now, don't they?
Robin Cargian - Re-certification at least takes 72 hours to keep your ALS card, the
continuing medical education that you have to do to just keep the card. So, once
they're trained, and they're on their own, that's two weeks and they may not have two
weeks of vacation time coming to them to just do that training.
Supervisor Morey - It's open for discussion. The Village of Groton is going to create a
committee to oversee the fire department and things like that. What he's going to be
doing is having one representative from the Town Board, and one representative from
Town Board Minutes Page 4 November 3, 2010
the Village at large and the Town at large. So, he's supposed to have that done within
the month and there's some issues that we need to deal with. So, we'll deal with that
then.
Robin Cargian - If they are going to go paid, I would just like the Board to know that I
can do medical billing. I'm trained in that, if that's some kind of bargaining chip that
you guys can use. I know what I would need, a computer, there's a bunch of software
that would be needed, code books and all that. I know what I would need to do and
the amount of calls that they take in, it would be no problem. I know that's a service
they would have to pay for. If that's something you guys can work out, I would be
happy to do that.
Supervisor Morey moved to close the Public Hearing on the 2011 Fire and Ambulance
Contracts, seconded by Councilman Scheffler, at 7:43 pm.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLUTION #10-059 - APPROVE 2011 BUDGET
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the 2011 Fiscal Year Budget as
presented.
RESOLUTION #10-060 - APPROVE 2011 FIRE & AMBULANCE CONTRACTS
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the 2011 Fire and Ambulance
contracts between the Town of Groton, the Village of Groton and the Groton Fire and
Ambulance Departments.
Monthly Reports:
Elizabeth Brennan, Bookkeeper/Highway Clerk - Was not present but submitted monthly
reports for the Board's review and requested budget transfers.
RESOLUTION #10-061 - 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:
General Fund- Town Wide:
From: Contingency, A1990.4 $200.00
To: Auditing, A1320.4 200.00
Town Board Minutes Page 5 November 3, 2010
RESOLUTION #10-062 - 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- Part Town:
From: Contingency, B1990.4 $571 .22
To: Celebrations, Olde Home Days, B7550.4 571 .22
Gary Coats, Code/Fire Enforcement Officer - Submitted monthly reports for the Board's
review. It has been exceptionally busy for the fall with at least four new homes going in
before Christmas. The Jacobs issue has been settled with the junk being cleaned up
and Mr. Jacobs agreeing to a yearly inspection to make sure it stays that way. The
Beck issue with the signs on Route 222 will go to a bench trial on November 16.
Richard C. Case, Jr., Highway Superintendent - Currently the Highway shop is dedicated
to equipment changeover for snow and ice removal. Deicing sand and salt have been
delivered, mixed and stored. Brush and trees are being cut on Pollack Townline Road
when time and manpower allow. The Highway crew is presently truing and leveling
Stevens Road, Lick Street and Sincerbeaux Road with the shoulder machine and type 7
blacktop.
On October 15, bids were opened and read for a 2011 or newer wheel loader with a
trade-in of a 1995 John Deere 624G wheel loader. Present was myself; Elizabeth
Brennan, Recording Secretary; Pete Carr, Deputy Highway Superintendent; Dale
Kinney, Mechanic; Sheldon Clerk, Councilman; Robin Cargian, Deputy Town Clerk; Chris
Norman, from Tracey Road Equipment; and Jeff Koprerich, from Anderson Equipment.
Three bid packages were distributed to: Tracey Road Equipment, Anderson Road
Equipment and Milton Cat. The three bids were received and opened as follows:
1. Tracey Road Equipment - 2011 Kawasaki 70-AV2 Loader
Total: $138,688 Trade-in: $25,000 Total: $113,668
2. Anderson Road Equipment - 2011 Komatsu WA320-6
Total: $134,300 Trade-in: $31,000 Total: $103,300
3. Milton Cat - 2010 or Newer Caterpillar 938H
Total: $127,514 Trade-in: $16,000 Total: $111,514
I want it noted that we appreciate the time and effort these representatives put in to
arrive at these bids. Bids were reviewed to make sure they met specifications, which
Cat did not. They were reviewed by myself, the Deputy Superintendent and the
Mechanic. After reviewing the three bids and the specifications for all three pieces of
equipment, it is my recommendation to the Town Board to award Anderson Road
Equipment with the bid as the lowest responsible bidder.
Town Board Minutes Page 6 November 3, 2010
RESOLUTION #10-063 - APPROVE PURCHASE OF WHEEL 2011 KUMATSU LOADER
MOVED by Supervisor Morey, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the purchase of one new 2011
Komatsu 3%2 yard WA 320-6 Wheel Loader from Anderson Road Equipment with the
trade-in of the Town's 1995 John Deere 3%2 yard 624-G Loader for a total purchase
price, after trade-in, of $103,300.
RESOLUTION #10-064 - PLACE REMAINDER OF DA5130.2 FUNDS IN
THE CAPITAL EQUIPMENT RESERVE CD
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves that the remaining funds in the
DA5130.2 account, after the purchase of the Wheel Loader and Material Spreader, be
placed in the Capital Equipment Reserve CD.
RESOLUTION #10-065 - RENEW CONTRACT WITH TOMPKINS COUNTY DRUG
AND ALCOHOL TESTING CONSORTIUM
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the renewal of the 2011 Contract
between the Town of Groton and the Tompkins County Drug and Alcohol Testing
Consortium.
April L. Scheffler, Town Clerk/Tax Collector - Several applications for the open Planning
Board position have been received. Supervisor Morey said that they would be
interviewed at the next Planning Board meeting. Other than working on the dog law,
the clerks have been working on the spay/neuter program for the County. A meeting
with veterinarians takes place next week. License tags have been ordered for next
year.
PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 2 FOR THE YEAR 2010 ENTITLED
"LICENSING, IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF GROTON"
Supervisor Morey moved to open the Public Hearing, seconded by Councilman
Sovocool, at 8:00 pm.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
The Town Clerk read the Public Notice.
Email received from Lindsay Kemp, Country Acres Pet Services - "Town of Groton Town
Board and Public Hearing attendees. I would like everyone to know that I have
thoroughly read the new proposed Local Law and am in favor of the new Local Law.
As the Dog Control Officer for the Town I greatly appreciate the effort made by the
Town Board Minutes Page 7 November 3, 2010
Town Clerks and the Board Members to make working in the Town of Groton so
efficient. Thank you, Lindsay Kemp."
Letter received from Charles Rankin, Village Clerk-Treasurer/Administrator - "Confirming
our conversation of earlier this morning, the Board of Trustees did review the Town of
Groton proposed Local Law No. 2 of 2010 at our board meeting last evening. Overall,
we have no problems with the law as proposed, but as we discussed, we would like to
add the following restricted areas:
1. Property owned by the Groton Central School District
2. Memorial Park, Sykes St.
3. Any cemetery within the Village, who duly files a letter with the Town and Village
stating that they do not wish to have dogs on their property.
As always, let us know if we can be of further assistance. Sincerely, Charles Rankin."
Clerk Scheffler- Those items were added to the final version of the law.
Amanda Scott - I have two dogs of my own. I don't have a problem with the new law
because I understand that New York may be trying to cut back a little bit an putting a
little more responsibility onto the townships of New York, which is fine with me. What I
do have a problem with, because I read most of it, is that I have one dog that is fixed
and the other dog I'm working on getting her fixed. They are mainly inside and my
father-in-law, who is with me tonight, takes them outside. Sometimes they like to dart
out the door before I'm able get it. Now, Twilight, the one that is not fixed, goes into
heat every once in awhile, I read in there someplace that the dog will be condemned
to the pound if she is not caught. I always try to catch my dogs when they do get loose
and ask permission of other property owners to go on their property so I can catch my
animals so that way they do not get caught. The other thing is that with some of the
provisions inside this law, that people have called, and I'm not just saying with my dogs,
I've noticed it with other animals as well, that they will call and turn it in because dogs
may be barking and if I can hear dogs barking, because I have been told by the dog
warden himself, if you can hear them to call it in. But if I don't know the address, I get
kind of discouraged about it because they want an address and all this other stuff. If
there is a bark ordinance in this town, how is that to be upheld and not just
discriminated to one or two people within the block? How is that going to help with
everybody in the Town or in the Village that has dogs and that have neighbors that are
anal about dogs? How is that going to protect dog owners like me?
Supervisor Morey - Well, I think we're trying to deal with the extreme; the dog that is left
out unattended for days at a time that is barking constantly, because a dog that is
chained up usually barks more than one that is free or one that is just temporarily on a
chain or leash. We're not going to be there every single day. We will deal with
complaints and the complaint would have to come up. As far as the dog that's not
fixed or neutered, when a dog just gets out and you can't catch him right away, we're
not interested in coming to arrest you for that or sight you for something like that. But if
a dog is let out without any supervision, constantly, that's what we're trying to deal with,
the abusers of this.
Amanda Scott - Okay, I just wanted to get some clarification on that because there has
been people, particularly on my street that I live on, that's anal about dogs in general
and that's why I also wanted to get clarifications as well.
Town Board Minutes Page 8 November 3, 2010
Supervisor Morey - We're not interested in dogs that get away like that; my dog gets
away once in awhile.
Arnold Scott - In Section 7 under prohibited acts, item number 4 about the habitual,
loud howling, barking, crying. It seems to me that on my street that if a dog barks once,
we are in violation of the law, but any other dog can bark for hours on end and they're
not in violation for some reason. So, I'm just thinking maybe you should clarify, like
maybe a specific amount of minutes that a dog has to be barking before they are in
violation of this.
Supervisor Morey - Again, we're trying to make this a general as possible. What we're
trying to do is if somebody's dog is just barking once in awhile or in the morning when
they're being fed or something like that, we're not interested in fining you for anything
like that. What we're trying to do is make this as general as possible and let the dog
officer evaluate what the situation is.
Arnold Scott - Okay, because, you know, it just seems like me and my wife have been
singled out on this with the Village law and we just don't want to see the pattern
continue, if you will.
Supervisor Morey - No, I mean, we can't control what your neighbors say or do, but for
the most part, if they're not habitually barking all the time and left out 12 hours a day or
24 hours a day, chained up, that's what we are interested in stopping, not the
occasional bark.
Arnold Scott- Okay, I think that clarifies that then.
Supervisor Morey - I might note that this was written with the approval of the Clerks'
Association of Tompkins County and what's important about that is that the Clerks will
be administering this law.
Supervisor Morey moved to close the Public Hearing, seconded by Councilman
Sovocool, at 8:12 pm.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
Clerk Scheffler explained to the Board that this is Proposed Local Law No. 2 for the Year
2010 and Proposed Local Law No. 1 is the Town of Groton Land Use and Development
Code, which has not been passed yet. Since Proposed Local Law No. 2 will be passed
first, it will actually become Local Law No. 1 for the Year 2010 when it is filed with the
Secretary of State.
RESOLUTION #10-066 -ADOPT LOCAL LAW NO. 1 FOR THE YEAR 2010
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby adopts Local Law No. 1 for the Year 2010
entitled "Licensing, Identification and Control of Dogs in the Town of Groton."
Town Board Minutes Page 9 November 3, 2010
RESOLUTION #10-067 - SET FEES FOR LICENSING AND IDENTIFICATION OF DOGS
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
WHEREAS, on June 22, 2010, Governor Paterson signed a measure into law as part of the
2010-2011 State Budget that moves the remainder of the dog licensing function
required by Article 7 of the New York State Department of Agriculture and Markets Law
to the local level, and
WHEREAS, as a result, the existing roles in the licensing of dogs for both county
government and New York State Department of Agriculture and Markets will be
eliminated on January 1, 2011, and
WHEREAS, in order to offset costs associated with this requirement, Part T of the Laws of
New York 2010, eliminates the current revenue-sharing structure between localities,
counties and New York State Department of Agriculture and Markets and directs 1000
of the revenue associated with dog licensing to the licensing municipality, and
WHEREAS, under this new provision of Article 7 of New York State Department of
Agriculture and Markets Law the local municipality is authorized to establish a fee
schedule pertaining to the licensing, identification and enumeration of dogs, now
therefore
BE IT RESOLVED, that the Town Board of the Town of Groton hereby adopts the following
fee schedule pertaining to the licensing, identification and enumeration of dogs within
the Town and Village of Groton:
Dog License & Identification Fees:
Altered Dog Town License Fee: $10.00
Altered Dog Animal Population Control Fee: $ 1 .00 - Mandated by NYS
Unaltered Dog Town License Fee: $20.00
Unaltered Dog Animal Population Control Fee: $ 3.00 - Mandated by NYS
Impounded Dog License Surcharge: $ 5.00
Replacement Tag: $ 3.00
Tompkins County Working Dog Tag: No Charge
Purebred License - 5-20 Dogs: $100.00 + Population Control Fees
Purebred License - 21+ Dogs: $200.00 + Population Control Fees
AND BE IT FURTHER RESOLVED, that these fees shall become effective January 1, 2011
and may be reviewed and amended from time to time as the Town Board deems
appropriate.
Town Board Minutes Page 10 November 3, 2010
Councilman Donald Scheffler, as Recreation Coordinator - Our Halloween party at the
Legion was Saturday. I wasn't able to attend but I heard it was a record crowd and
everybody had a lot of fun. There was hay rides and games for the kids. That's
basically all I have to report as we haven't had a meeting yet this month.
Privilege of the Floor:
Sue Bennett- I just wanted to know if I could ask a question at item 13, or ask it know.
Supervisor Morey - Go ahead.
Sue Bennett - I just wanted to know if there were any changes made to the Code at
item 13.
Supervisor Morey - We're going to discuss that. So let's go to item 13, discussion of
Public Hearing on Town of Groton Land Use and Development Code.
Attorney Casullo - Let me chime in here. First of all I have, and I know April has, and I
think all the Board members have, received a letter from Paul Tavelli on Friday. It has
some issues with the mass gatherings. Quite frankly, I read the letter, and I understand
the SEQR aspect of it but I don't understand, quite frankly because I haven't had the
time to look at it, there is a report that was done by Interteck. I don't really understand
it and would be the first to admit that I'm not well versed in all of these numbers. I want
to get somebody that I feel can explain this to me and make some heads and tales of
it.
Supervisor Morey - The Board just received it tonight, so we haven't had time to digest it
at all.
Attorney Casullo - I think it's critical to some degree that apparently, if I'm
understanding this correctly, that the test was done at the last concert that Mr. Eckert
held. But right now, it's just numbers. I don't know if anyone else
Supervisor Morey - No, the Board just received it.
Attorney Casullo - I need some time to look at it and maybe give the Board some
knowledgeable response to what Paul has indicated. The one thing that I want to
make sure is, April, do you have a resolution that the Town has named itself lead
agency and we have all the resolutions needed to get this out in final form to all the
parties for SEQR review?
Clerk Scheffler - Yes, they made that resolution probably a year ago. We could always
do another one.
Attorney Casullo - You could, just to have it on the books that basically the Town wants
to declare itself lead agency for the final version. That would be the September 2010
version of this Code, right? That they want to be lead agency and they will notify other
involved agencies of that intent and give them opportunity to respond.
Town Board Minutes Page 11 November 3, 2010
RESOLUTION #10-068 - DECLARE TOWN OF GROTON AS LEAD AGENCY FOR
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby declares itself as Lead Agency for the purpose
of the State Environmental Quality Review (SEQR) of the September 2010 Draft of the
Town of Groton Land Use and Development Code.
Attorney Casullo - My hope is, that I can digest the most critical part of this letter. I
mean, the test is there but it doesn't tell me whether it's good, bad or otherwise. I want
to find that out and then we'll go from there and probably have a lot more information
for you at the December 14th meeting.
Announcements:
➢ Planning Board Meeting - November 18 at 7:30 pm
➢ Zoning Board of Appeals - November 24 at 7:00 pm
There being no further business, Councilman Sovocool moved to adjourn, seconded by
Councilman Scheffler, at 8:22 pm. Unanimous.
April L. Scheffler, RMC
Town Clerk