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HomeMy WebLinkAbout1980-05-05101= MINUTES OF TOWN BOARD MEETING HELD MONDAY, MAY j, 1980 AT 7:30 Polo% Those present: Teresa M. Robinson, Supervisor Verl Rankin, Jr., Councilman Francis P. Carey, Councilman Ellard. 11, Sovocool, Councilman Gordon C. VanBenschoten, Councilman Benjamin J. Bucko, Town Attorney Also present: Leland. Cornelius, L. Kenneth Wood, Mary Evelyn Dempsey, Frank Satterly, Nancy McGuerty I•Ir. Rankin moved that the minutes of April 7 and April 9 be approved as mailed. Seconded by Mr. Carey. Ayes - Sovocool, Carey, Rankin, VanBenschoten, Robinson. . Claims #108 to #127 of the Highway Department and #101 to #x127 of the General Fund were presented for audit. Mr. Rankin moved that the bills be paid and the Clerk instructed. to draw warrant for them. Seconded by Mr. Sovocool. Ayes - Sovocool, Carey, Rankin, VanBenschoten, Robinson. Attorney Bucko explained proposed ordinance for Games of Chance and procedure for public hearings as follows: 1) Resolution for Public Hearing; (a) Notice of Hearing; (b) Hearing; (c) Adoption subject to referendum or special election. 2) Resolution for Special Election: (a) Pick date and place of voting; (b) Town Board as Inspectors; (c) Public Notice; (d.) Election. 3) Results of voting verified by Inspectors; 4) Copy of Ordinance and Election results to Secretary of State and State Racing and Wagering Board; b) Issue Licenses. Mr. Sovocool moved to hold public hearing on Games of Chance Ordinance on Tuesday, May 27, 1980 at 8:00 P.M. with a Special Town Board Meeting to be held immediately following hearing to consider adopting ordinance subject to referendum or special election. Seconded by Mr. Rankin. Ayes - Sovocool, Carey, Rankin,VanBenschoten, Robinson. Attorney Bucko reported on the John Anderson case. We can hold him in contempt of court. Mr. Bucko has no answer as to what.the town can do to clean up. A copy of Zoning Officer's report for April will be sent to Attorney Bucko for his review. Monthly reports from the Town Clerk, Zoning Officer, Town Justice and Quarterly report from Audit and Control for Justice Court were reviewed by board. Frank Satterly reported on Tompkins County Transportation Commissions resolution asking that municipalities grant the Commission the authority to file applications with Federal and State agencies to carry on a Rural /Suburban Transportation Demonstration Program in the County. Mr. Satterly stated he had complaints from other parts of the county that They are not included in program. Long range plans may be Dryden, Cortland & Groton. He stressed the importance of a representative from Town and Village of Groton to attend all meetings. Board meeting recessed at 8:00 P.M. for public hearing on Land Sub- Division Regulation changes. Board meeting reconvened at 8 :03 P.M. Since there was no one present to object to proposed Land, Sub - Division Regulation changes, the board immediately took action.. RESOLUTION NO. 3 - ADOPT CHANGES IN LAND SLB - DIVISION REGULATIONS Moved by Mr. Rankin, seconded. by Mr. VanBenschoten Ayes - Sovocool, Carey, Rankin, VanBenschoten,r Robinson RESOLVED to accept changes in Land Sub - Division Regulations as ..presented at hearing. A summary of the following changes and additions were adopted. Article III. Procedure in Filing (a) The N.Y. State Environmental Quality Review act shall apply to applications filed. 3.1.1 Submission of Sketch Plan shall be to the Chairman. 3.1.2 The Planning Board can continue discussions on the sub- division application at a regular or special meeting. The sub - division will be classified as major or minor as soon as possible. A minor sub - division due to public health interest may be required to conform to major sub- division requirements. 102 3.2.1 Minor sub- divisions shall comply with requirements of Article V, Section 2.1. 3.2.4 The word. Chairman was inserted. 3.2.6 The Planning Board can. conditionally approve, conditionally approve with modification, disapprove or grant final approval. The method of approval, signature of Chairman and extension of approval may be granted. 3.3.2 Word "chairman" inserted. 3.3.5.6 Changed to 3.3.6. 3.4.4 Changed 'L'o Tompkins County Health Department, 3.5.1 Changed to read "Town Attorney ". 401 Now reads "General ". 4.1.1 Redefined as "Character of. Land ".. 5.1.1 Changed Section 2.1 (D) to 291 (C). P 5.2.1 Changed sanitation and water supply facilities to be approved by Tompkins County Health Department instead of State Health Department. 5.3 Eliminated word "conditional ". 5.3.1 The first sentence changed to read as follows: Five, (5) copies of preliminary plat prepared.at a scale of not more than one hundred (100) 'but preferably not less than fifty (50) feet to the inch showing: Frank Satterly continued his report on re- evaluation indicating that it was a hardship for Groton people to go to Ithaca; two years is too often to be reassessed; we were one of nine counties to go through phase one in 1978 and are one of two counties to go through phase two in 1980. State has mandated -that all counties be assessed at 100% market value. He also stated that he didn't vote for gypsy moth ban because he felt it was confined mostly to a few parks affecting mainly oak trees. Mr. Satterly also reported that John Gains, Director of County Youth Program, has a summer youth training program in Ithaca which Mr. Satterly will. try -to get Groton youth in. He also indicated some concern on Nubia bridge being closed. Bill Mobbs will have an answer by the end of the month on what the county is going to do with bridge. See corrected RESOLUTION NO. 4 - RELATING TO RE- TVALUATION OF PROPERTY IN-THE Resolution TOWN OF GROTON No. 9 Moved by Mr. Rankin, seconded by Mr. Sovocool (wordage) Ayes - Sovocool, Carey, Rankin, VanBenschoten, Robinson IMREAS, the Tompkins County Assessment Department has re- evaluated the property in the Town of Groton under the guise of complying with state mandates, and WHEREAS, the assessments imposed. and increased, by the assessment department raise questions as to the validity, fairness and accuracy, and WHEREAS, it is understood by the residents of the town that other areas of the State are not complying with the mandates placing the burden on the residents of the Town of Groton and County, and WHEREAS, the increase in assessments is another means of not only increasing the tax burden on the residents but higher spending by the representatives of the county government, BE IT RESOLVED, that the Town Board of the Town of Groton on behalf of the residents of the Town of Groton hereby request the Tompkins County Assessment Department to readjust all assessments to those as shown on the 1979 assessment rolls and that it impose a moratorium on any new assessments until all municipalities enforce any state mandates on an equal basis. Correspondence: Letter from State Cable TV Commission regarding toll free number for complaint calls effective May 1, 1980 - Phone (boo) 342 -3330. This service is available to anyone in the state. n is Attorney Bucko's letter to GeTacche with copy to State Cable Condmission r8gard ng an explanation of delay in McLean- Cortland Road.line extension. Received reply from Ceracche indicating delay i%las totally beyond their control due to delivery prob elms of var91ous materials and equipni nt. Geracche has already credited $9,J2 to each account which was the sales tax on th8 con- atxuc'tion fees. Letter f3'om Bill Mobbs of the Tompkins County Highway Department informing us that they plan to replace Stevens Road biidge duxing the 1980 season. Letter frrom Department of Audit and Control notify -ing us that they will discontinue furnlshing torms with blank torn budget forms, Letter from James A. Mason, Vice Ohairman, Ithaca- Toirnpkins County T2z� ispor"tation Coir.missio�n asking that municipalities grant 'the COJILfILIssion the authority to file applications with Fedex'al and State funding agencies to carry{ on a Rural uburban Transportation Demonstration Program in the county. They attached a. suggested resolution for towns to adopt and submit not later than May 30, 1980. After some discussion regax'ding services .in our area, the following resoliAions vrere adopted: RE3011 TION NO. , - AUTHORIZING THE I1HACA.'J10HPr,.[NS COUNTY TRANSPORTATION COMMISSION TO SPONSGR AiND FIL1�, APPLICATION TO FEDERAL AND STATE FU1V:NC AGENCIES FOR FUNDING ASSISTANCE FOR RURAL SUBUR39d TRA14SPORTATION .DEMONSTRATION PROCRfiITS AND TO MPSAGE. SUCH DEMOIISTRATION PROGRAMS ON AN AD Ji0C BASIS Moved by FJr. Rankin, seconded by Mi. Carey Ayes - Sovocool, Carey, Rankin, VanBenschoten, Robinson WHEREAS, the Ithaca,- ''oi�Lpkins Oounty Transportiatiori Coirnission is preppring project plan for increased opportunities. for. rLtcal suburban transportation in Tompkins County, and WI tE the airuf�ission has requested pexrn� scion from the municipalities which created the Commission to authorXoze the Commission to make application to Federal and Mate funding agencies to initiate a program for a two or three year Rural Suburban TranspoxAatyon ]demonstration Program, and WHEREAS, the CommiF;fAon has agreed to submit the project plan to the m�znicipalit.ies for review and comment prior to. acceptance of any grant offers from funding agencies, and that the individual municipalities will be kept involved in the parocess to insure a unified.. cooperative approach, therefore 'be it RESOLVED, that the Town of Groton does encourage and authorize the Ithaca - Tompkins County Transportation Commission to file application for funding assistance So:r.` said program and to geperally administer, expend funds, and establish polio{ during the demonstration pex'iod, keeping each municipality informed as to prcgaress. RESOLUTION ISO. 6 TOWN OF GROTONS FORKAL ENUB, ST TO B INCLUDED D11 I THE ITHACA- TOMPHIN COUOTY RURAL, /SUBURBAN TRANS- PORTATZON .DEMONSTRATION PROGRAM F Moved by Mr. Rankin, seconded by Mr, Carey Ayes - Sovocool, Carey, Rankin, VasnBenachoten,, Robinson kWEREAS, the Tompkins County Transportation Corrtmiaeiort has requested cooperation from the.rAunicipalities in the.county for funds to develop a projected Ru'rdl /Suburban 'IL ansporta.tion Demonstration Program s T4.tem, and WHEREAS, the- .cou.nty government. has alT4ays solicited municipalities irL the county 'to cooperate with propgsed prp jectr6 without extending the benefits to all municipalities, and . WMREAS, the Town of Groton being located, in the northeast section of the county is excluded from most pxojected programs, yet, supports the proposals fox many improueMents, BE IT RESOLVED, that the Town Board of the Town of Groton supports the application for fimd.:ixg of the pro�o!�sad Rural /Suburban Tranuorta.tion D monstra,t:ion Program and formally requests that the Town of Groton be included in the project and that any transportation coverage provided under the pro-ject include Groton. 1 0. Letter #`ram 1?ivision of Er�uali t'ion and Assessment zegar�Ung one year fxeeze on 1980 agx"yeultura,l value assef�,sirnents , Discussed Zoning Of'ficer's report and !ta.tement at end of report, Consensus of the Board was that Mr. Brown is right and the Town Attorney should, take care of. Town Board directed that a letter be sent to Town Attorney with copy to Mr. Brown. Letter received from Mary Adams resigning from Town Planning Boat. Board accepted csignat7 on Kith a letter of appreczatioin for time served to be* sent to Mazy. Lotter received From Marie Bancroft, Assistant Coordinator of Gadabout, inquirin if 'the Tawas will be able to do anything for 'them this year {1980) by means of funding. Trey would also like to be included in the 1981 Town- Budget, L. ter from Assemblyman Sam MacNeil indicating the Revenue Sharing Aid. Loss Fi res : Town of Groton , $9,214; Village of Gi7oton - $3, 8' 6. Invitwtion from Groton Centx'al School Art ]department to all Town Officials to atte n�nd Art Fantasy on Saturday, May 17 fx`om -5* 30 to ;00 P, �+], in the H. S, Gyiga , Letter from N.Y.S. Association of Magistrates urging our support of Assembly bill number 10900, Senate 2397 A which would increase a 41 -yeas old rate of State rcirobuTsement to municipalities of $5,00 for a fine i,nposed fox a violation of a state traf'fio law to a u1are realistic $15.00 per case .being returned to the municYp �.ities. . USOLUTIOR NO. 7 RELATING AND +ILL RELATION Haved by MiI . Sovocool, seconded Ayc�s - Sovocool, Carey, .Rankin, TO INCREASING THE FEES PAID TG TOWNS AGES FOR VARZOUS SERVICES RENDERED IN 'I'0 CRIMINAL AC'J% :10NS A14D PROCEEDINGS by Mr. Rankin Va-nBcnsehoten, Robinson WHEREAS town and village dour'ts hear and deterioine cases involving �ialations of state law, and WHE€ ZAS fines and penalties collected by such courts axe paid to the state in recognition of the fact that such violations are state offenses, and WHEREAS in recognition of the sexvices provided by such local courts, the State of New York has provided in section -1 of the General Municipal Law that towns and villages shall be rein, bursed for services rendered in such cases in the amount of $5.00 per case, Arid W EREAS the amount of $J.00 was originally set forth in the Code of Criminal Procedure, section 740 -a, 'try Chapter 737 of the Laws of 1939, and, has remained. unchanged for the past 41 years, and WHEUAS the per case costs of the operation of local coixrt have increased 8ubstantia,lly since 1939 while no increase in re- imbursement by th'e state to local governments for court services has been granted, and WHEREAS the net result, is that the burden of the said additional cost, of adrrinistCx1ng this state operation is borne by taxation of local real praperty rather, than by general taxation, NOW T ER&FORE BE IT RT OLVED that this body does hereby strongly urge the Legislature and the Governor to act favorable on pending leg? slation Nhich would increase the amount x'eturned to towns and villages to $15.00 instead of the present inadegi ate $5.00 limit, as set by the present provisions of law (Senate 7�A; Assembly 10900) , and be it fuxther RESOLVED that a copy of this reso Lotion be forthwith forwarded to the ]ion HUGH L. CAREY, Governor; HOCK.. WARREN M. ANDERSON, President Pro Tern of the Senate; HON. MANFRED ONRENSTELN, Senate Minority Leader; HON, S'TAC LEf FliiK, Spoaker of the Assembly; HON. DANIEL B. WALSH, Assembly Major]Lty Leader; HON. JAMES L. =Y, Assembly Minority Leader; HOR . JESS J . PRESENT, Ghfrin . , Senate. EoamIttee on Local Government; HOPI. JADJ S W. MG CABE, Chmn. , Assembly Committee on Local Gove7nmentf�b; HON. WI=AN T. SMITH, local State Senator ,p and HON, HUGH S. MAC NUL, Local State Assemblyman. Moved by Mr. Rankin, seconded 'by Mr. Carey that the Town pay voucher for fire numbers from Federal Revenue Sharing Funds in the amount of $313.28 with the stipulation that the Fire Department put them up. Ayes - Sovocool, Carey, Rankin, VanBenschoten, Robinson. Moved by Firs. Robinson to recess board. meeting and go into executive session to discuss acquisition of real property. Seconded by Mr. Rankin at 8:45 P.M. All ayes. Board meeting reconvened at 8:55 P.M. Supervisor Robinson stated. that the board had unanimously agreed to table Mr. Websters letter regarding acquisition of real.property until the next board meeting. Moved by Mr. Sovocool, seconded. by Mr. VanBenschoten, to authorize Highway Superintendent Leland Cornelius to attend Cornell School for Highway Superintendents on June 2 - 4. Ayes - Sovocool., Carey, Rankin, �JanBenschoten, Robinson. Moved by Mr. VanBenschoten, seconded 'by Mr. Sovocool, authorizing Highway Superintendent to draw up specifications for a 10 -wheel dump truck -snow plow to be bid June 2, 1980 at 8:00 P.J]. Ayes - Sovocool, Carey, Rankin, VanBenschoten, Robinson. Supervisor Robinson has received 1980 Census information and will send. to census committee that board appointed. There being no further business, Mr. Rankin moved to adjourn meeting, seconded by Mi. Sovocool at 9:10 P.M. Colleen D. Pierson Town Clerk MINUTES OF A SPMIAL TOWN BOARD MEETING HELD TUESDAY, MAY 27, 1980 At a Special meeting of the Town Board of the Town of Groton, held on the 27th day of May, 1980: Present: Supervisor Teresa Robinson, Councilmen Verl Rankin, Jr., Ellard L. Sovocool, Francis P. Carey, Gordon C. VanBenschoten AN ORDINANCE PROVIDING FOR THE CONDUCT OF CA14ES OF CHANCE IN THE TOWN OF GRO'T`OT11 BE IT P&TACTED by the Town Board of the Town of Groton as follows: Section I. TITLE. 'Phis ordinance shall be known as the Games of Chance Law of the Town of Groton. Section II. DEFINITIONS. "Authorized organization" shall mean an authorized organization as defined in subsection 4 of section 186 of the General Municipal Law. "Games of Chance" shall mean a game of chance as defined in subsection 3 cf section 186 of the General Municipal law. Section III. CA1%1ES OF CHANCE AUTHORIZED. Authorized organizations, may upon obtaining a license from the Town Clerk, conduct games of chance w* thin the Town of Groton as provided in Article 9 -A of the General Municipal Lars and as provided further in this ordinance. Such games of chance shall be conducted in accordance with the law of the State of New York and with the rules and regulations adopted by the New York State Racing and Wagering Board and pursuant to this ordinance. Section IV. RESTRICTIONS. The conduct of games of chance shall. be subject to the restrictions imposed by section 189 of the General Municipal Law. Section V. SUNDAY GAMES. Games of Chance may be conducted on Sunday pursuant to this ordinance. However, no games of chance shall 'be conducted on Easter Sunday, Christ►nas Day or New Years Eve, Section VI. ENFORCEMEI1I'T'. The sheriff of Tompkins County shall exercise control over and supervision of all Games of Chance conducted under duly authorized license. The sheriff of Tompkins County shall. have all those powers and duties set forth in and for the enforcement of Article 9 -A of the General Municipal Law,