HomeMy WebLinkAbout2013-01-08 TOWN OF GROTON -MINUTES OF TOWN BOARD MEETING
TU ESDAY, JAN UARY 8, 2013 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
Fran Casullo, Attorney for the Town
Also present: Jennifer Schwade, Rosemarie Tucker, Hannah Armstrong, Keara
Lowenhar, Shalyn Watson, Tusker Uhrovcik, John Sterie, Mike Morris,
Ryan McCune, Dan Carey, Dewey Dawson, Gary Coats, Brian
Robison, April Scheffler.
RESOLUTION #13-001 - 2013 ORGANIZATIONAL ITEMS/APPOINTMENTS
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves that:
Item 1 - Depository. - The First National Bank of Groton be designated as the depository
for all monies coming into the hands of the Supervisor and Town Clerk of the Town of
Groton.
Item 2 - Official Newspaper - The Groton Independent be designated as the official
newspaper of the Town of Groton.
Item 3 - Law Firm - The law firm of Pomeroy, Armstrong, Casullo & Monty be retained as
Attorneys for the Town of Groton.
Item 4 - Zoning Officer - Gary Coats be appointed Zoning Officer and Building and Fire
Code Enforcement Officer for the Town of Groton.
Item 5-Constable- Vacant
Item 6 - Deputy Supervisor - Donald F. Scheffler be appointed Deputy Supervisor for the
Town of Groton.
Item 7 - Deputy Highway Superintendent - Peter Carr be appointed Deputy Highway
Superintendent for the Town of Groton.
Item 8 - Deputy Town Clerk - Robin Cargian be appointed Deputy Town Clerk for the
Town of Groton.
Town Board Minutes Page 2 January 8,2013
Item 9 - Bookkeeper - Charles Rankin be appointed as Bookkeeper for the Town of
Groton.
Item 10 - Court Clerk - Cindy Vicedomini be appointed as Court Clerk for the Town of
Groton.
Item 11 - Part Time McLean Crossing Guard - Margaret Albern be appointed part-time
McLean School Crossing Guard for the Town of Groton.
Item 12 -Town Historian - Rosemarie Tucker be appointed as Town Historian for the Town
of Groton.
Item 13 - Town Health Insurance - Full time employees to have 80% health insurance
coverage paid for by Town through the Greater Tompkins County Municipal Health
Insurance Consortium.
Item 14 - Town Board Regular Meetings - The Town Board will hold their regular Town
Board Meetings on the second Tuesday of each month at 7:00 - 7:30 P.M. to review
invoices and 7:30 P.M. for the Board Meeting, at the Town Hall on Conger Boulevard,
Groton, NY.
Item 15 - Fix Salaries of Town Officers - The annual salaries of the following Town Officers
and employees at the amounts respectfully stated and that such salaries shall be paid at
the time respectfully specified:
1. Glenn E. Morey, Supervisor $ 10,000.00 Biweekly
2. Ellard L. Sovocool, Councilman $ 2,500.00 Quarterly
3. Donald F. Scheffler, Councilman $ 2,500.00 Quarterly
4. Richard B. Gamel, Councilman $ 2,500.00 Quarterly
5. Sheldon C. Clark, Councilman $ 2,500.00 Quarterly
6. April L. Scheffler, Town Clerk $ 44.869.00 Biweekly
7. Richard C. Case, Jr., Highway Superintendent $ 64,322.00 Biweekly
8. John J. Norman, 1 St Town Justice $ 14,155.00 Biweekly
9. A. D. Dawson, 2nd Town Justice $ 14,155.00 Biweekly
10. Gary L. Coats, Code/Fire Enforcement $ 29,81 1.00 Biweekly
11. Charles Rankin, Bookkeeper $ 25,500.00 Biweekly
12. Rosemarie Tucker, Historian $ 1,000.00 Quarterly
Item 16-Set Hourly Rates-The Town Board does hereby set the hourly rates as follows:
1. Deputy Town Clerk $14.82 per hour
2. Court Clerk $15.09 per hour
3. Custodian $13.04 per hour
4. Crossing Guard $12.39 per hour
Item 17 - Appointment of Representatives to Town and County Programs - The following
act as representatives to Town and County Programs:
Environmental Management Council-Vacant
Tompkins County Transportation Council-Sheldon Clark
Tompkins County Human Services Coalition -Teresa Robinson
Groton Youth Commission-Glenn Morey, Teresa Robinson, Peggy Ficken
Tompkins County Youth Advisory Board -Christina Ripley
Town Board Minutes Page 3 January 8,2013
Tompkins County Recreation Partnership-Glenn Morey
Tompkins County Fire, Disaster and EMS Advisory Board-John Miller
Item 18 - Supervisor's Appointment to Committee Members - the Supervisor appoints
committee members as follows:
Finance-Glenn Morey & Donald Scheffler
Machinery-Sheldon Clark
Building- Richard Gamel & Donald Scheffler
Fire Department- Ellard Sovocool
Personnel-Glenn Morey & Donald Scheffler
Zoning, Bldg. and Fire Code- Richard Gamel
HUD Loans - Ellard Sovocool & Glenn Morey
Light Districts- Richard Gamel
Fixed Assets - Ellard Sovocool
Senior Citizens-Sheldon Clark
Recreation Committee- Donald Scheffler
Highway-Sheldon Clark
Greater Tompkins County Municipal Health Insurance Consortium - Glenn Morey &
Jeffrey Brockway
Planning Board- Rotating Attendance by Town Board Members
Appeals Board- Rotating Attendance by Town Board Members
Item 19 - Set fees for Town Services-fees for the Town services be set as follows:
1. Photocopies - 8 1/2 x 11 $ .25
2. Photocopies - 8 1/2 x 14 $ .50
3. Photocopies - 1 1 x 17 $ .50
4. Transcript of Marriage $10.00
5. Marriage License/Certificate $40.00
6. Town, Village, County Maps $ .50
7. Mileage -Town Officials $ .50
8. Dog License - Unaltered Dog $20.00 + $3.00 NYS Animal
Population Control Fee
Dog License - Altered Dog $10.00 + $1.00 NYS Animal
Population Control Fee
9. Returned Check Fee $20.00
10. Fax Copies -Transmit $ 1 .00 per page
Receive $ .25 per page
11. Duplicate Tax Receipt $ 0.00
12. Town Directory $ 5.00
13. Land Use & Dev. Code $25.00,, CD $15.00
14. Certified Copies $ 5.00
15. Paper Copy of Comprehensive Plan $25.00,, CD $15.00
16. Town of Groton Zoning Fee Schedule:
Town of Groton Zoning Fee Schedule
Building Permit: $0-$4,000 $25
Building Permit: More than $4,000 $25 + $3 per $1,000 over $4,000
Town Board Minutes Page 4 January 8,2013
Building Permit Renewal '/2 Original Fee & approval of CEO
Agricultural Buildings $25
Non-Structural Roof Replacement No Charge
Swimming Pool, Above Ground $25 (includes original fence if needed)
Swimming Pool, In Ground $50 (includes original fence)
Solid Fuel Burning Appliance $25
Shed $25
Deck $25
Fence bft or higher/Replace pool fence $25
Residential Green Energy $25
Disability Ramp No Charge
Cellular Tower $2.50 per $1 ,000 of Construction Cost
Demolition Permit $25
Sign Permit $10
Operating Permit $25
Operating Permit- Public Assembly>100 People No Charge
Outdoor Fireworks/Indoor Pyrotechnics Permit $25
Manufacturers' Pyrotechnics Testing Permit $25 Annually
Junk Yard Annual Inspection $25 Annually
Subdivision - Minor $30 + $20 per lot
Subdivision - Major Level One $50 + $20 per lot
Subdivision - Major Level Two Preliminary Review-$100+$20 per lot
Final Review-$100+$20 per lot
Boundary Line Change $25
Cluster Development Preliminary Review-$100+$20 per lot
Final Review-$100+$20 per lot
Planned Unit Development Town Board Review-$200
Site Plan Review by Planning Board-$200
Site Plan Review (Land Use Permit) < 2000 Sq. ft. $100
> 2000 sq. ft. $200
Site Plan Review for Echo Housing No Charge
Special Permit- Cemetery $200
Special Permit- Junk Yard $500
Special Permit- High Density Housing $500
Special Permit- Mining $500
Town Board Minutes Page 5 January 8,2013
Special Permit- Manufactured Home Park $500
Special Permit-Sexually Oriented Businesses $750
Mass Gathering Permit $750
Application for Variance or Interpretation $50
Additional Fees:
1. Fees listed do not include postage, which may be an additional charge at current
postal rates.
2. If a public hearing is required, the applicant shall pay the cost of advertising fees.
3. Costs incurred by the Town of Groton for engineering, planning, legal and other
necessary expenses for the purpose of reviewing any application with regard to
an item covered by this fee schedule shall be paid by the applicant.
4. The applicant shall be responsible for costs incurred by the Town of Groton for the
review and/or preparation of an Environmental Impact Statement if said
statement is necessary.
5. When Fees Are To Be Paid: All fees required by this fee schedule shall be paid to
the Town of Groton at the time the application is presented. No permit/certificate
will be issued until all fees, costs, and/or expenses are paid in full.
Item # 20 - Miscellaneous Appointments, Fees, Etc - the Town Board does hereby
approve the following miscellaneous appointments, fees, etc:
1 . Annual Retainer Fee for Legal Services rendered by Pomeroy, Armstrong, Casullo
& Monty.
2. Authorize Highway Superintendent to give pay raises effective January 1, 2013
3. Authorize Annual Association of Towns Training School - February 17-20, 2013, in
NYC;
4. Appoint Glenn Morey as Delegate for Annual Association of Towns Meeting
5. Appoint contact people for Drug and Alcohol Testing Program - Richard Case and
Glenn Morey.
6. Appointment of Town Planning Board Member - Reappoint Monica Carey for a
term to begin January 1, 2013 and end December31, 2019.
7. Appoint member to Zoning Board Member- Position vacant.
8. Appoint members of Agriculture Advisory Committee - Daniel Carey
(Chairperson), Noreen Atkins, Marlin Houston, Robert Fouts.
Town Board Minutes Page 6 January 8,2013
RESOLUTION #13-002 - CONTRACT FOR AUDIT OF 2012 FINANCIAL STATEMENTS
MOVED by Supervisor Morey, seconded by Councilman Scheffler.
Ayes -Sovocool, Scheffler, Gamel, Clark, Morey.
RESOLVED, that the Town Board does hereby retain the services of Cisaschi, Dietershagen,
Little, Mickelson & Company, LLP, to audit Financial Statements, including Justice Court,
for the year ended December 31, 2012.
RESOLUTION #13-003 - APPROVE 2013 DOG CONTRACT
MOVED by Supervisor Morey, seconded by Councilman Gamel.
Ayes -Sovocool, Scheffler, Gamel, Clark, Morey.
RESOLVED, that the Town Board does hereby approve the 2013 contract with the Country
Acres Pet Services for the purpose of dog control in the Town of Groton at a fee of
$18,,800.00 ($1500.00 per month).
RESOLUTION #13-004 - AUTHORIZATION TO PARTICIPATE IN
COOPERATIVE PURCHASING OF HIGHWAY SERVICES WITH
TOMPKI NS COUNTY
MOVED by Supervisor Morey, seconded by Councilman Clark.
Ayes -Sovocool, Scheffler, Gamel, Clark, Morey.
RESOLVED, that the Town of Groton be hereby authorized to participate with Tompkins
County in the cooperative purchasing of various highway services.
RESOLUTION #13-005 - AUTHORIZE HIGHWAY SUPERINTENDENT TO
PURCHASE ON STATE BID
MOVED by Supervisor Morey, seconded by Councilman Sovocool.
Ayes -Sovocool, Scheffler, Gamel, Clark, Morey.
RESOLVED, that the Groton Town Board does hereby authorize the Highway
Superintendent to purchase oil and related products from State Contract Bids as
appropriate.
RESOLUTION #13-006 - APPROVE FIRE AND AMBULANCE PROTECTION CONTRACTS
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
RESOLVED, that the Town Board does hereby approve the 2013 Fire and Ambulance
contracts with the Village of Groton Fire Department and Fire Protection with the
McLean Fire Department.
Town Board Minutes Page 7 January 8,2013
RESOLUTION #13-007 -APPROVE 2013 MUNICIPAL DRUG AND
ALCOHOL TESTING
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
RESOLVED, that the Town Board does hereby approve Energetix as Third Party
Administrator for the 2013 Municipal Agreement Renewal for the Drug and Alcohol
Testing.
RESOLUTION 13-008 - AUTHORIZE SUPERVISOR TO SIGN CONTRACTS
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes- Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board gives the Town Supervisor, Glenn Morey, the authority to
sign contracts once they have been approved by the Board.
This concluded the 2013 Organizational Items.
MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the
minutes of the December 11, 2012 meeting as presented.
Ayes - Sovocool, Scheffler, Clark, Morey.
Abstain - Gamel
Claim Numbers 371-397 of the 2012 General Fund in the amount of $14,147.85 were
presented for audit.
MOVED by Supervisor Morey, seconded by Councilman Sovocool, to approve the 2012
General Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 1-1 1 of the 2013 General Fund in the amount of $60,792.40 were
presented for audit.
MOVED by Supervisor Morey, seconded by Councilman Gamel, to approve the 2013
General Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 207-226 of the 2012 Highway Fund in the amount of $35,040.19 were
presented for audit.
MOVED by Supervisor Morey, seconded by Councilman Clark, to approve the 2012
Highway Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Town Board Minutes Page 8 January 8,2013
Claim Number 1 of the 2013 Highway Fund in the amount of $68,500.00 were presented
for audit.
MOVED by Supervisor Morey, seconded by Councilman Clark, to approve the 2013
Highway Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Monthly Reports:
Charles Rankin, Bookkeeper - Was not present but had submitted a monthly report for
the Board's review and requested budget transfers.
RESOLUTION #13-009 - 2013 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 2013 Budget Transfer:
General Fund, Town Wide:
From: Contingency, A1990.4..................................$3,846.00
To: Employee Benefits, Retirement, A9010.8..........3,846.00
RESOLUTION #13-010 - 2013 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 2013 Budget Transfer:
General Fund, Part Town:
From: Contingency, B1990.4....................................$1,000.00
To: Employee Benefits, Retirement, B9010.8.............1,000.00
RESOLUTION #13-011 - 2013 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 2013 Budget Transfer:
Highway Fund, Town Wide:
From: Machinery, Other Expenses, DA5130.4.................$3,000.00
To: Employee Benefits, Retirement, DA9010.8...............3,000.00
Town Board Minutes Page 9 January 8,2013
RESOLUTION #13-012 - 2013 BUDGET TRANSFER
MOVED by Supervisor Morey, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the following 2013 Budget Transfer:
General Fund, Part Town:
From: Contingency, B 1990.4...............................$75.00
To: Municipal Association Dues, B 1920.4............75.00
Gary Coats, Code/Fire Enforcement Officer - Submitted monthly and yearly reports to
the Board for their review. Trends of the last few years show more stick-built homes now
rather than modular; fewer outdoor wood burning stoves; more "green" permits for
solar panels and things like that. Thanks to Robin for putting together the reports and all
the charts. Mr. Coats had taught his semi-annual class at BOCES on Monday.
Richard C. Case, Jr., Highway Superintendent- Was not present.
April L. Scheffler, RMC, Town Clerk/Tax Collector - Submitted monthly and annual Town
Clerk's reports and the monthly Tax Collector report to the Board for their review. Last
January we partnered with The Tompkins County Clerk's Office to apply for a shared
services grant to bring the towns on board the County's electronic records
management system. The grant was finally awarded in December and plans are
underway to start the project in February. At a previous meeting, Ms. Scheffler
discussed the possibility of using records management funds to purchase a good
quality scanner for use in this ongoing project and uploading documents to the
County's website as well as meet the obligations of the Freedom of Information Law to
provide information to the public. Because the State delayed so long in awarding the
money, she hesitated to make this purchase until she was sure that the project was
going to move forward and also to make absolutely sure that what was purchased
would be compatible with the County electronic records program. Since this project is
finally ready to move forward, she requested that the remainder of the 2012 records
management money be encumbered to be used towards the purchase of a scanner.
RESOLUTION #13-013 - ENCUMBER RECORDS MANAGEMENT FUNDS
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the following encumbrance of funds:
Encumbered From 2012 Budget:
A 1410.41, Restore Records..................$1,235.00
Al410.42, Records Management..........1,291.36
Place in 2013 Budget:
Al410.42, Records Management..........$2,526.36
Town Board Minutes Page 10 January 8,2013
Victoria Monty, Attorney for the Town - Had nothing to report.
John Norman & A. D. Dawson, Town Justices - Presented monthly and annual reports for
the Board's review. Judge Dawson was present and told the Board that DCJS, who
provides the Court with their laptop for recording all their proceedings, will be updating
them to Windows 7. He said that anyone from the Board who is going to the
Association of Towns conference should stop by the SEI (Courtroom Software) booth.
Requests have been made to change the program to allow all court documents to be
scanned into the program. He would like anyone visiting the booth to find out if this
addition to the program will incur an additional charge. The Court may need a
dedicated scanner in the future to accommodate this change.
Councilman Donald Scheffler, as Representative to Joint Youth Program - Winterfest will
be held on February 2, from 10 - 4 at the Elementary School. There will be dog sled
rides, a magician, children's performances, dancers, kids' games, bounce house,
antique sled display, and food. There will be bonfire from 5 - 8 sponsored by the After
Prom Committee and thanks to Baker Miller for providing the lumber for that. Other
tentative activities are scheduled. Youth basketball has 25 girls and 41 boys
participating; youth wrestling is 50. A $1000 grant was received for the Summer Concert
Series from the Community Arts Partnership. Jennifer is looking into playground
equipment grants for Sykes Park.
Brian Robison, County Legislator - Reported that the County budget did come in under
the adjusted cap this year. They were able to add back some funds important to this
area including some highway funds and rural youth services funds. These funds are not
at the level they were before the budget problems but an effort has been made in that
regard. Mr. Robinson spoke with Jeff Smith, County Highway Manager, and they are
progressing on the temporary bridge in Groton City. They are at a standstill for the
moment because a NYSEG pole needs to be moved and serviced and NYSEG is
delayed because of Hurricane Sandy. They have done some abutment work and are
hopeful that sometime in February, the temporary bridge will be in there. There is still a
possibility of a permanent bridge with design in 2014 and if replaced, that will be at
some other, as yet unknown, time.
RESOLUTION #13-014 - APPROVE 2013 HIGHWAY AGREEMENT
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the 2013 Agreement between the
Town of Groton and the Town of Groton Highway Association.
Rosemarie Tucker, Town Historian - You have received a copy of my annual report. It
was also sent to Tompkins County Historian and she will present it along with the others
from historians in Tompkins County to the County Legislators. I have also mailed a copy
to the NY State Historian as required. I have itemized and given descriptions of my
projects on my written report. And although I haven't been able to be in my office due
to my mother's health, I continue to respond to phone calls, letters, and emails
regarding Groton history. If you have questions at any time, please do not hesitate to
Town Board Minutes Page 11 January 8,2013
ask me. I look forward to another year as the Town Historian and am grateful to each
of you for your continued support.
Ryan McCune - From the Tompkins County Chamber of Commerce was there to discuss
the Gateway Signage Project. Welcome to Tompkins County signs will be placed along
certain main highways in the County. One is planned for Groton, which will say
"Welcome to Tompkins County, Town of Groton" and will be located on Locke Road,
State Route 38, along the Cayuga County/Tompkins County line. Mr. McCune was
asking for any required fees to be waived by the Town. There were some questions
about the size of the sign and the fact that the Town of Groton code has a maximum of
20 square feet for a non-commercial sign. Mr. McCune said that the planned size was
around 30 square feet, but that a different size could be ordered. Signs will be paid for
and installed by the Chamber, but the Town would be responsible for maintenance. He
also said that there may be plans for plants or shrubs and the Town may be asked to
take care of them and/or water them. The Town could agree to care for the plants or
opt out. The Board indicated that they would also like to see one on Route 222 on the
Cortland/Tompkins line.
RESOLUTION #13-015 - WAIVE FEE SIGN PERMIT FEE FOR
TOMPKI NS COUNTY CHAMBER OF COMMERCE
MOVED Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby waives the sign permit fee for any "Welcome to
Tompkins County" sign(s) installed by the Tompkins County Chamber of Commerce in
conjunction with its Gateway Signage Project and be it further
RESOLVED, that the Town Board hereby empowers the Code Enforcement Office, Gary
Coats to execute said sign permit and any subsequent papers that might be required.
Privilege of the Floor:
Jennifer Schwade - Urged the Board to consider taking action to protect our roads from
possible damage should hydrofracking come to our area. She had an article about
what the Town of Caroline is proposing to protect roads, which she passed out to the
Board. She thought that after the comments about the Groton City Bridge, that the
public was obviously interested in protecting our roads.
Supervisor Morey - Said that they have been considering it. He was hoping that the
Highway Superintendent, Rick Case, would be there for the meeting but he wasn't. Mr.
Case has a consultant coming in to talk to him about different things and hopefully next
month he will have a report on that and update us.
Victoria Monty, Attorney for the Town, handed out copies of sample local laws for the
establishment of a board of ethics on behalf of Attorney Casullo, who had been
working on the project. She was unable to answer questions since she had not read up
on the subject. Supervisor Morey suggested that they set a date for a work session to
meet with Attorney Casullo.
Town Board Minutes Page 12 January 8,2013
RESOLUTION #13-016 - SET DATE FOR WORK SESSION
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby sets a date for a Work Session for the purpose of
working on a local law for the establishment of a board of ethics was scheduled for
Wednesday, January 23, 2013 at 6:00 pm.
RESOLUTION #13-017 - APPROVE CONTRACT WITH H ESS CORPORATION
MOVED by Supervisor Morey, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the 2013 contract with Hess
Corporation for natural gas to the Town buildings.
An application for a Mass Gathering had been received from the McLean Fire
Department for the 2013 Happenin' in the Hamlet. The Town Board reviewed the
permit and completed page 4 of the application and Part II of the Short Form State
Environmental Quality Review and made the following resolutions:
RESOLUTION #13-018 - APPROVE MASS GATHERING PERMIT
FOR HAPPENIN' IN THE HAMLET
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the Mass Gathering Permit for
Happenin' in the Hamlet, submitted by the McLean Fire Department, and be it further
RESOLVED, that the Town Board hereby extends said approval for a period of five (5)
years (2013, 2014, 2015, 2016, & 2017) as long as there are no changes to the nature,
purpose and details of the event, and be it further
RESOLVED, that the Town Board hereby waives the fee for the Mass Gathering Permit for
the same 5-year period.
RESOLUTION # 13-019 - MAKE NEGATIVE DECLARATION FOR PURPOSES OF SEQR
MOVED by Councilman Clark, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
WHEREAS, the Town Board has reviewed the Short Form State Environmental Quality
Review (SEQR) Form, Part I submitted by the McLean Fire Department in their
application for a Mass Gathering in McLean, known as the Happenin' in the Hamlet,
and
Town Board Minutes Page 13 January 8,2013
WHEREAS, the Town Board completed Part II of the SEQR Form and has determined that
the proposed action will not result in any significant adverse environmental impacts,
now therefore, be it
RESOLVED, that the Town Board hereby declares a Negative Declaration for the
purposes of SEQR for said Mass Gathering in McLean.
Gary Coats, Code Enforcement Officer - Had been asked by a tenant living in an
apartment owned by Augustine Adams at 3 Stevens Road, in McLean, to do a fire
safety inspection on his apartment because he had some concerns. Mr. Coats had
submitted a full written report to the Board. He had some serious issues with the
apartment he visited. In addition, the tenant told him there were 3 other apartments in
the building. This is in direct violation of our zoning because the owner does not have
Planning Board approval for a multiple dwelling, which is defined as 3 or more
apartments in a building. Chief Totman of the McLean Fire Department also submitted
a report as they have been to the building 3 times. A report had been requested from
Chief Coit of the Groton Fire Department, but had not been submitted yet. Coats and
Totman both feel the building is a fire-trap. One problem Mr. Coats observed was the
use of galvanized duct pipe used as a chimney for the furnace that went straight up
through the tenant's bedroom. It was hot enough that one could not hold their hand
on it. This is not only a fire hazard but a carbon monoxide hazard because it doesn't
have proper venting. Chief Totman had told Mr. Coats that one of the apartments that
he went to had no receptacles in the apartment and was run entirely on extension
cords run from the apartment that Mr. Coats inspected. Mr. Coats looked at the panel
box located in the apartment he inspected, which appeared to have about 16 breaker
slots and 30 wires going out of it. He deduced that they were "piggy-backing" but
there were no "piggy-back" breakers, only single and double pole breakers. There was
also a feud going on between the tenants with the one with the extension cords
accusing the other tenant of turning off the breakers. Mr. Coats thinks the overloading
is just causing the breakers to blow. According to our zoning, the first thing that needs
to be done for a dangerous building is to make a report to the Town Board, which is
what Mr. Coats is doing.
Supervisor Morey asked how many people were living there and Mr. Coats said 6-7 in
total in the 4 apartments. Supervisor Morey said that the septic system couldn't
accommodate that. Mr. Coats said that has been a determining factor why the
building had not been used for certain things in the past and has been an issue since
Coats has worked for the Town. It was questioned why the Health Department had not
shut it down and Mr. Coats said he would look into that.
Supervisor Morey asked about not having a permit from the Planning Board for a
multiple dwelling. Mr. Coats said that he had sent him an Order to Remedy, which is in
the file. The owner's attorney told Mr. Coats that evicting the tenants would take a long
time. Mr. Coats said that if they got it down to 2 apartments, there wouldn't be a
violation of the zoning. Councilman Gamel responded to that by saying that it has
nothing to do with getting it down to 2 units, that he is in violation now and it is an
unsafe structure.
Mr. Coats said that NYSEG had also "orange tagged" a wall heater in one apartment.
He was not sure what this meant but will check with NYSEG. He believes that it is
installed wrong. He thinks the orange tag means that it is dangerous but they may
Town Board Minutes Page 14 January 8,2013
have regulations that prevent them from turning off gas to a heat source in the winter
months without imminent danger. The tenant told him that flames shoot out into the
room 4 feet when it first comes on in the morning.
Supervisor Morey said that if he doesn't have a permit for multiple housing, he has to
evacuate everybody and go through the process of getting the permit. So, if he is
obviously in violation, the building should be closed down. Mr. Coats said that was the
point he was at and was in the process of setting up a court date. He had gotten in
touch with Attorney Monty and was waiting for more direction.
Attorney Monty said that under the New York State Fire Code, this would meet the
definition of unsafe equipment, which includes both electrical and heating equipment.
That would be an imminent danger and Mr. Coats could condemn it under that section
of the law. This would be a faster process than the process for unsafe structures in the
Town of Groton Land Use Code, which provides for a 30-day time period.
Councilman Scheffler asked if it would be advisable to give the tenants some kind of
notice that their building is unsafe and they need to have an exit strategy in case it
does catch fire.
Councilman Gamel said that the Board couldn't really do anything. Mr. Coats said that
if they agreed on it then he could move forward. Councilman Gamel said no, that the
Board couldn't agree on it, that it was Mr. Coats' job to do it. Mr. Coats and Attorney
Monty explained that according to our zoning, Mr. Coats has to make a report to the
Board and the Board has to make a determination and a resolution based on that
report. Board Members reviewed and discussed the pertinent section of the code,
including Section 316.8, which has provisions for emergency situations.
Councilman Gamel asked Mr. Coats about the furnace chimney again saying that if it
was actually galvanized duct pipe, he didn't know how it would even last more than a
couple months without burning up and they needed to be certain that it did connect
to the furnace. Mr. Coats said that he went from the apartment into the hall, looked
into the false ceiling and saw where it continued down. Councilman Scheffler asked if
it went out through the roof or just into the attic and Mr. Coats said he didn't know.
Councilman Gamel said that his concern is that we have all the facts and Mr. Coats
said he would go back and recheck everything, take pictures, check with NYSEG and
contact the landowner the next day.
RESOLUTION #20 - ORDER THAT NOTICE BE SERVED ON AUGUSTI N E ADAMS
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED.. that the Town Board hereby authorize the Code Enforcement Officer, Gary
Coats, to serve a notice with an order to comply to Augustine Adams, the owner of 3
School Street, McLean, NY, Tax Map #38.-4-5, stating that the building located on the
premises is unsafe and dangerous and order its repair and if it cannot be safely
repaired to order removal of the building and be it further
RESOLVED.. that said notice to comply shall be in accordance with Section 316.4 and
Section 316.8 of the Town of Groton Land Use and Development Code of 2011 .
Town Board Minutes Page 15 January 8,2013
Councilman Scheffler asked again about giving notice to the tenants and Mr. Coats
said that he would hand deliver notices to the tenants before the end of the week if not
sooner.
Announcements:
➢ Planning Board Meeting, January 17 at 7:30 pm
➢ Zoning Board of Appeals, January 30 at 7:00 pm
➢ Groton Business Association meeting, January 16 at 6:00 pm at the American
Legion; speaker will be Jim Abrams
➢ McLean Community Council, January 9 at 7:30 pm at McLean Fire Department
➢ Winterfest, February 2, 10 am - 4pm, at Elementary School
There being no further business, Councilman Gamel moved to adjourn, seconded by
Councilman Sovocool, at 8:52 pm. Unanimous.
April L. Scheffler, RMC