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HomeMy WebLinkAbout2020-02-17 SpecialTOWN OF GROTON — MINUTES OF TOWN BOARD MEETING INIOND AV, FEBRUARY 17, 2020 AT 7:00 PINI THE TOWN HALL, 101 CONGER BOULEVARD Present: Absent: Also Present: Donald F. Scheffler, Supervisor Crestal Young, Councilperson Larn, Hochberger, Richard Gamel, Councilperson Sheldon C. Clark, Councilperson From the Ithaca Times Brian Klumpp. Councilperson April Scheffler, Town Clerk The purpose of the Special Meeting was to designate a different newspaper as the Town of Groton official newspaper. RESOLUTION 420-031 - DESIGNATION OF THE TOWN OF GROTON OFFICIINL NEWSPAPER MOVED by Supervisor Scheffler, seconded by Councilperson Gamel WHEREAS, the Town of Groton is required by law to post notice of certain town meetings, public hearings, public notices, etc. in the Town's designated newspaper of record, and WHEREAS, these notices are required to be posted within specific timeframes to properly notify the public of such events and to legally conduct the business of the Town, now therefore be it RESOLVED, that the Town Board hereby rescinds item 42 of Resolution 420-001 of the January 14, 2020 Organizational Meeting: "Official Newspaper - Groton Independent", and be it further RESOLVED, that the Town Board hereby designates the Cortland Standard, 110 Main Street, Cortland. NY, as the official newspaper of record for the Town of Groton for the remainder of the Year 2020. Supervisor Scheffler - Asked if there anyone wanted to discuss the motion. Councilperson Klumpp - Said that be would like to bear what Larry Hochberger had to say. Larry Hochberger - I work for the Groton Independent and the Ithaca Tunes. I only recently beard that there were some issues involving legal notices in the Groton Independent. Our publisher. Jim Bilinski, is out of town. My title is associate publisher with the Groton Independent and the Ithaca Times. The Groton Independent, as you all know, has a 20 -year relationship with the Town of Groton. We've been running legals for most of that time. My understanding is, that that experience has been a good one up until recently, when there has been a couple errors on one specific meeting notice. What I could discern from what I found out that due to a transferring of personnel that we had at our paper, we had an error and the notice wasn't Town Board Minutes Page 3 Febmarp 1' 3019 properly posted. We had someone who did the legal notices for our paper for 30 years: she took sick: was out of the office for an extended period of time: died: and we had someone else take on that job who had no experience or information about it whatsoever. During that transition, this situation occurred and a problem took place where the notice wasn't properly posted. NIy understanding is the first time that there was an email from the Town, it got lost in the spam folder of the person who was deceased. There was a subsequent notice that was overlooked, which was a human error, which was our error. From what I can see, other than that, our relationship with the Town has been a very good one. We have tried very bard to do a good job for you with your notices. We are the one paper that is dedicated to this town, represents this town. Legal notices is one way that we are supported and it is our duty, obviously, to publish them correctly. From what I can understand, we've taken some steps to correct the error that took place on this specific thing. We've set up a legals email so that regardless of who is in the position of handling those legals, that they are available and apparent to whoever is handling the legal notices. Our paper, obviously is dedicated to this community. I believe we have more circulation than any other paper in this community. We are headquartered in this County. I believe we are the only ones that would possibly be in that situation. I also believe that the legal notices would be less expensive than elsewhere because they're pegged to circulation from what my understanding is. So. I think going forward, we would hope that you would get in touch with someone in management if there is a problem, that we could help resolve. We have taken steps to try to resolve the problem that took place and hopeftilly going forward we can continue to have a good relationship and do a good job for you. Supervisor Scheffler - We are sympathetic to things that happen. But it was two months ago. These notices have to be filed within a certain timeframe and there isn't any option to it. Public notices for public bearings or special meetings or whatever, have to be there. It's required by law. We could have legal ramifications for not doing it correctly. We were in a real tight situation two months ago and we understood it and dealt with it. Then this month, again the same thing happened. The company that deserves a public bearing, the public that deserves a public bearing and it's not going to happen. I accept your explanation and apology, but there is no recourse to fixing this problem. We could be sued. Mr. Hoehberger - You mentioned that this is a monthly thing? Supervisor Scheffler - This has gone on for two months. The exact same thing happened twice. Mr. Hoehberger - How often does the board meet? Supervisor Scheffler - Once a month. Mr. Hoehberger - I see. But you were able to call a special meeting for this purpose but not for that? Supervisor Scheffler - Not for a public bearing, no. That has to be published in the paper. This is an emergency meeting to get this straightened out so we can reschedule the public bearing after we get a paper to put a notice in. It has to be five days in advance and the meeting is Thursday, so it can't happen now. Mr. Hoehberger - And you wouldn't be able to schedule a special meeting a week for now and publish in next week's paper and have the five days notice? Supervisor Scheffler - Yes, but the public bearing has to be done within 62 days of the application and that's done. It happened once and then our Deputy Clerk checked with your paper to make darn sure it was going in because it had to go in this month and she was assured that it was all taken care of and it was going to be in the paper and it didn't come out. Mr. Hoehberger - Yeah, well I wish someone had gotten in touch with me Town Board Allnutes Page 3 Febmary 1' 3019 Supervisor Scheffler - Well, when it didn't come out, it's too late. Mr. Hochberger - No. I understand. The Board asked Clerk Scheffler to explain the process and the interaction. Clerk Scheffler - The process is that we email it in. It used to be to Cyndi. So, the month before. I was emailing in the Organizational fleeting and I knew that Cyndi was no longer there but there was no indication where to send ads as Cyndi's email is still in the paper. Mr. Hochberger - In the paper? Clerk Scheffler - Cyndi's email is there for advertising, yes. So. I thought, well maybe they're still using her email, so I sent it to that email and I got an email back that it was no longer a working email and to send it to Chris. So, that's where I sent it and I told Robin where to send it. _apparently, everything got lost in a spam folder. So, we cancelled the meeting. The ad for this month, she sent in well ahead of time, and they confinned that they got it. The she called at the beginning of this month and talked to someone and they said yes: they have it right here in the folder: it's all ready to go: don't worry about it: we'll take care of it. Couneilperson hlumpp - Who'd she talk to? Clerk Scheffler - I don't know. I think it was Chris, but I'm not sure. Mr. Hochberger - That's probably correct. This is the person that was trying to fill in that had no experience in this job and basically...... Clerk Scheffler - The first time around. Robin sent her an email and explained how important it was that they were done in a timely manner. Mr. Hochberger - Okay. I understand. I'm sorry I'm sure it was. Clerk Scheffler - Well, we're sorry too, and we're sorry about Cyndi. But when I called down to find out why it wasn't published this time, they couldn't even find it. Finally, they found it and another person came on the phone. Jessica, maybe, she had finally found it. She said. I started a folder and then I started another folder and I didn't put it over there in the new folder. I said, you know this is pretty important that this gets done. She said, it was just a little mistake. I said, it may be just a little mistake to you, but it's a big deal for us. Then she got very snotty. and I said you really have to start realizing that these legal ads for municipalities are very important that they are published on time and that we could be sued for this. She said, well, it was just a little mistake: I take my job very seriously. I said, well. I'm sorry but obviously, you don't if this has happened twice, the same ad, two months in a row. Then she hung up on me. Mr. Hochberger - Well the person felt that they had been berated on the phone and was reduced to tears on our end and that's where I came in. Clerk Scheffler - Well. I'm sorry that I made her cry, but she has to realize how serious this is. Mr. Hochberger - _absolutely. I just feel that with a 20 -year track record, and a serious error, admittedly, do you think we can do a good job going forward, and I think the answer is that our track record other than this one example proves that we can. Councilperson Klumpp - I don't think we should change papers, even though it happened two months in a row, just because of one incident. It is an administrative error that you're aware of now and I assume that it would be corrected on your end. It didn't make it up the ladder until now. I think it's important. The Groton Independent probably has more Groton specific news than any other paper. It's important. I don't know this for a fact, but I would guess that some people get the Independent because it's going to have legal notices in it. I'm not overly loyal to the Cortland Standard. It was two incidents but because of one pretty important change at your Town Board Allnutes Page 4 Febmarp 1' 3019 paper that affected us both times. My thought is that it's something that you are aware of now and can be corrected. We have a 20 -year track record and we hit this big bump, a pretty big bump. I agree with that. And going forward, you're here tonight, so I would think that you're pretty adamant about making sure that this doesn't happen to us again. Mr. Hochberger - I will certainly make sure that you have my contact information and you can follow up with me on anything that goes forward. Clerk Scheffler - If it's a week too late, that's no good. Mr. Hochberger - Well, if I could turn back time..... Clerk Scheffler - No. I'm just saying, you have to have an ad there by Friday at noon, and if that ad doesn't get published until Wednesday of the nest week, and we don't know it until Wednesday the nest week, it's too late. Supervisor Scheffler - So we have no recourse for a mistake, an honest mistake and something happens. It has to happen. Mr. Hochberger - I understand. That's our business. We're supposed to get things right that are in the paper when they are supposed to be. Clerk Scheffler - Well we all make mistakes, including myself. Sometimes I have forgotten to send it in. Councilperson Klumpp - I think it's important, because this is one incident, and one reason for it happening, the lady getting sick and passing away. I don't think it justifies us making that change with the negative ramifications of us changing papers. I think there is a fair number of ramifications with us changing. Supervisor Scheffler - If the Planning Board plans for two weeks, can we get it in? Clerk Scheffler - It would have to be two weeks. There is another option. You can designate more than one paper. Councilperson Gamel - That's a cost that's not... Clerk Scheffler - No. I think it would be either, or. So, if something happens that you can't get it in the Groton Independent, you can still get it published somewhere else. You could designate the Groton Independent as the first choice. That's just a thought. It's not going to help us here though. You would definitely have to put that meeting off for two weeks. Mr. Hochberger offered to try to make it happen, to have the ad in this week's paper so they could have the meeting nest week, but it was explained that the Planning Board would need to make that decision and their meeting wasn't until Thursday, after the paper comes out. Councilperson Gamel - You're here so, you're going to get the brunt of what I have to say. I'm going to kind of lay this on you, on upper management, for this. If you have a situation where you've got some things that are pretty dang important, and you put a person in there with zero experience, that's really not on therm, that's on you. That's a mistake that will hopefully not happen again. And I'm not saying just the ad in the paper. I'm saying somebody has to take control of situations like that other than let's just throw Matilda in this position while somebody's absent. If there's not training and things aren't going to get done, that's not whoever let this happen. Mr. Hochberger - This person is a competent individual, got up to speed very fast, and for the most part has performed very well in this position. But this was the exception. It's not like this has gone haywire elsewhere. This is one thing of all these legals that we have rum in two months or three months since Cyndi died that we've had a problem with. Town Board Allnutes Page S Febmary 1' 3019 Clerk Scheffler - The one's I sent in for Jarman, didn't get published either. Mr. Hoehberger - _again. I think that relates to that same issue of not getting the emails correctly and you are right, we are responsible for that. Supervisor Scheffler - Is there a secondary. I guess a cc for that. where we could send all these notices to so that they would get checked? It's not just our town, it's a state law. Mr. Hoehberger - I know. I've been doing this a long time and I now the importance of legal notices and what's involved and clearly this has caused a hardship. So, yes. I would be happy to have you cc me on legal notices that are sent. Clerk Scheffler - Would it be possible to have a response? Councilperson Gamel - A confinnation. Mr. Hoehberger - I don't know why that's not part of the process. I'll see if we can do that, just to have a quick confinnation or acknowledgement. I don't know why that can't be done, that we just say thanks we got it. Clerk Scheffler - I know it's extra time on your end. Councilperson Klumpp - I think that should be almost a requirement for us. We need that confinnation saying, yes, we got that email. Mr. Hoehberger - I'll look into that and I don't see that there's any reason why we shouldn't do that, that we couldn't quickly confirm that we got what you sent us. Councilperson Klumpp - I think that needs to be done. Councilperson Gamel - Here's the problem with looking into that, is that we need to make a decision right now. So. I guess if we're going to stay with you, we can't look into it, we have to have a confinnation from you. So, either confirm it or call your boss, or..... Mr. Hoehberger - I can confirm it. If you cc me on the thing. I can confirm that we got it. Councilperson Gamel - What is our best course of action right now to get this underway, if they are going to have a meeting within two weeks as of Thursday night, is there any scenario you can picture to make this go better? Even if we did it once in the Cortland Standard....... Clerk Scheffler - Well, if they put it off for two weeks, we can get it into the Groton Independent. Councilperson Gamel - I understand but will the company that we're dealing with be okay with that two weeks, because what I understand, they were fairly upset. Supervisor Scheffler said that _attorney Castillo was going to talk to them and tell them that we are working on it. But they are not happy. Discussion took place on possibly designating two official newspapers. Clerk Scheffler brought in the Town Law book from her office and looked up that section of the law. Councilperson Gamel called and spoke with _attorney Castillo, who confined that the Board could designate two newspapers if they wanted to. Town Board Allnutes Page 6 Febmarp 1' 2019 RESOLUTION 420-032 - RESCIND RESOLUTION 420-031 MOVED by Supervisor Scheffler, seconded by Councilperson Gamel RESOLVED, that the Town Board hereby rescinds Resolution 420-031 as presented to the Board. Ayes - hlumpp, Gamel, Scheffler Nays - Resolution Passed RESOLUTION 420-033 - DESIGNATION OF THE TOWN OF GROTON OFFICIAL NEWSPAPER MOVED by Supervisor Scheffler, seconded by Councilperson Gamel WHEREAS, the Town of Groton is required by law to post notice of certain town meetings, public hearings, public notices, etc. in the Town's designated newspaper of record, and WHEREAS, these notices are required to be posted within specific timeframes to properly notify the public of such events and to legally conduct the business of the Town, now therefore be it RESOLVED, that the Town Board hereby rescinds item 42 of Resolution 420-001 of the January 14, 2020 Organizational Meeting: "Official Newspaper - Groton Independent", and be it further RESOLVED, that the Town Board hereby designates the Groton Independent as the primary official newspaper for the Town of Groton and the Cortland Standard as an alternative official newspaper for the remainder of the Year 2020. Ayes - hlumpp, Gamel, Scheffler Nays - Resolution Passed There being no further business. Councilperson Gamel moved to adjourn, seconded by Supervisor Scheffler, at 7:36 pm. Unanimous. April L. Seheffler, RMC Town Clerk