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HomeMy WebLinkAbout10-07-1997 MINUTES OF TOWN BOARD MEETING TUESDAY, OCTOBER 07, 1997 AT 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Gordon C. VanBenschoten, Councilman Donald N. Palmer, Councilman Daniel J. Carey, Councilman Fran Casullo, Attorney Also present: Liz Brennan, Leland Cornelius, George Senter, Approx. 100 McLean residents Moved by Councilman Palmer, seconded by Councilman VanBenschoten, that the minutes of September 11, 18 and 23rd, 1997, be approved as submitted. Ayes - Sovocool, VanBenschoten, Palmer, Carey, Robinson. Claim Nos. 156 to 171 of the Highway Fund in the amount of $5,571.21 and Claim Nos. 217 to 251 of the General Fund in the amount of $25,359.93 were presented for audit. Moved by Councilman Sovocool, seconded by Councilman Carey, that the bills be approved for payment. Ayes - Sovocool, VanBenschoten, Palmer, Carey, Robinson. Claim Nos. 110 to 112 of the Special Grant Fund (HUD) in the amount of $26,956.33 were presented for audit. Moved by Councilman Sovocool, seconded by Councilman Vanbenschoten, that the bills be approved for payment. Ayes - Sovocool, VanBenschoten, Palmer, Carey, Robinson. JOHN GUSTOFASON - LIME HOLLOW NATURE CENTER - GRACIE ROAD - Was present to ask the Board for their approval/endorsement of a grant for a park project that will be partially in the Town of Groton and Town of Cortlandville. RESOLUTION NO. 44 - ENDORSEMENT OF LIME HOLLOW NATURE CENTER PARK PROJECT Moved by Councilman Sovocool, seconded by Councilman Palmer Ayes - Supervisor Robinson, Councilmen Sovocool, VanBenschoten, Palmer, Carey. WHEREAS , the Lime Hollow Nature Center, Inc. is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection Fund and/or Clean Water/Clean Air Bond act for a park project to be located south of the McLean road, approximately eight (8) acres in the Town of Groton (Tompkins County) and 183 acres in the Town of cortlandville (Cortland County), the Town of Groton site located within the territorial jurisdiction of this Board; and WHEREAS , as a requirement under the rules of these programs, said not- for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located"; NOW, THEREFORE, be it resolved by this august body that the Board of the Town of Groton hereby does endorse the application of the Lime Hollow Nature Center, Inc. for a grant under the Environmental Protection Fund for a park project known as the Upper Beaver Creek Tract and located in part within this community. And further, we state that we are confident that the Lime Hollow Nature Center will develop and maintain a system of trails and interpretive facilities giving the public, including handicapped persons, access for the educational and recreational purposes of which the Center has been established, and Wildlife Service under a Memorandum of Agreement with that agency. 1 Moved by Councilman Carey, seconded by Councilman VanBenschoten, to go into executive session to discuss pending litigation. Ayes - Sovocool, VanBenschoten, Palmer, Carey, Robinson. Board meeting recessed at 7:48 P.M. Board meeting reconvened at 8:00 P.M. RESOLUTION NO. 45 - AUTHORIZE ATTORNEY FOR THE TOWN TO START PROCEEDINGS AGAINST OPERATORS OF ELM TREE INN Moved by Councilman Sovocool, seconded by Councilman VanBenschoten Ayes - Sovocool, VanBenschoten, Palmer, Carey, Robinson RESOLVED , that the Town Board does hereby authorize Attorney Francis Casullo's Law Firm to start proceedings against the operators of the Elm Tree Inn located in McLean seeking an injunction to cease operating the business as they are conducting it until they comply with the Town's Land Use Code. FRAN CASULLO, TOWN ATTORNEY- Let me just take the floor for a second, I am the town attorney, and should let you know what we' ve done so far and where we stand right now. On Thursday we had a special meeting in which we met for the first time regarding this issue, and at that time they authorized our office to look into the legalities of the situation at the Elm Tree Inn. On Saturday, George Senter, who is the Code Enforcement Officer for the Town served a Cease and Desist Order upon the proprietors of the Elm Tree Inn, essentially saying," that you are to stop conducting your business in the manner you are conducting it until you basically comply with the Town's Land Use Code." That order was not followed. I have just met in executive session with the town board and as soon as we came out, Mr. Sovocool made the motion authorizing my law firm to institute an action seeking an injunction to prohibit the proprietors of the Elm Tree Inn from conducting the business as they are currently conducting it until they comply with the Town's Land Use Code. I can tell you that the complaint is finished. Some of the complaint is done. Teresa Robinson has just signed the verification. It will be filed tomorrow with the New York State Supreme Court in and for Tompkins County, and at that point it will be a scheduling matter for the judge to determine when he wants to hear it , which I anticipate will be in the very near future. That brings all of you up to date as far as the Town Board is, and as far as I am concerned, that is what is exactly taking place. ART CLARK- What are they in violation of in the Code? You didn't tell us. ATTORNEY CASULLO- The best I can say is this: We are going to argue that there are a number of the sections of the Code that haven't been filed. But probably the most critical is that there was a need for a site plan revue and special permit that was not obtained. GEORGE STRING- I live in McLean. Could you give us a rough feeling as to the success of this? Do you feel that this is going to be successful or are other measures going to have to be taken later on? ATTORNEY CASULLO- I would hope that these would be successful. I don't think that we would be bringing an action if we didn't think it would be successful, but to answer your question truthfully, that's going to be an answer for the judge to decide. BOB KYES- If you ordered an order to cease operations, and they were open Sunday night, how come, ah, why is it? If I'm building a house, and I don't follow Code, I'm shut down. ATTORNEY CASULLO- Once they haven't complied, you need to institute court action. That's what we're doing. Now we have to have a judge say either we're right or wrong. Now we've taken the next step. TERRY SHARP- I live right across the street from this establishment. And so, 2 in other words you are telling us that this establishment may operate until we go to court? Because they're planning on opening tomorrow night. ATTORNEY CASULLO- Yes, once we get the complaint in, there's certain steps you have to follow, now we're at that point. Once we get the complaint in, we're going to be asking for an injunction. It will be up to the judge to decide whether or not we are going to be granted the injunction. SHARP- Is there also going to be any charges brought against them for public nuisance? ATTORNEY CASULLO- That is something... I'm the Town Attorney, and that is a different matter entirely. I can't answer that. JOHN CURATOLO- I'm from the Village of Dryden. My question is, once these things are corrected, say they correct the Code violations, is there going to be a chance that they are going to be able to open up? Or is it possible that this might not end it? ATTORNEY CASULLO- I don't even want to comment on that right now because that's what we're into litigation for. DEFORREST HALL- I live on Salt Road. How'd this get to the point that it is right now, in the first place, if the people on the Planning Board and Zoning Code Enforcer, how'd it ever get to where it is if they had done their job? ATTORNEY CASULLO- I wasn't involved. I don't really want to answer that. That's just a rhetorical question. Leave it at that. I guess the gentleman's question is, " how did this get so far, and who wasn't doing their job?" The only thing I can tell you is this, I wasn't made aware of it till last Wednesday, and this Town Board wasn't made aware of it until last Wednesday morning. At this point it would be counter productive to point fingers to people who might have known about it, who didn't notify me or the Town Board. It happened. I'm just telling you that at this point that this Town Board did not know about it until I contacted Teresa Robinson last Wednesday morning, when I first learned of it. To point fingers at who knew about it beforehand at this point is counter productive. It happened. And at this point I have to move forward to try to rectify the problem. JOYCE HATCH- I live out on Chipman's Corners Road. I wonder if there are any plans right now to write an ordinance to prevent this type of thing from happening again. SUPERVISOR ROBINSON- Yes. I can answer that one. Yes. DOUG BROWN- I was just wondering: Was there any time frame you had in mind when the judge will hear it? ATTORNEY CASULL0- On an issue such as an injunction, which we are requesting, normally they are heard very quickly. I would imagine, and don't hold me to this, but within the next few business days, ... I'd say, tomorrow it gets filed, it could be Friday, it could very well be. At that point, once the complaint is filed, it is going to be within the judge's discretion as to when he wants to hear it. MRS BROWN- What judge is this going to be in front of? ATTORNEY CASULLO- I can tell you that much. It's being sued in the Supreme Court in and for Tompkins County, which would be Judge Relahand. If Judge Relahand isn't available, then a neighboring Supreme Court Justice will hear it. MRS BROWN- Is there anything that the Town, as a community, that we can do to be at the Courthouse, or can you notify us? Is this a closed hearing, or..? ATTORNEY CASULLO- Let me tell you this: It's not a closed hearing. I won't know, probably, when this is going to take place until I'm told by the judge, and it could be very quickly. I'm not going to sit here, just like Thursday and say that I can provide you with notice, when I may not be able to provide 3 you with notice. The only thing I can tell you is that once it is argued before the judge, everything is going to be an open record. Okay? I just wish I could tell you, but I can't, you know, I'm not going to know when I'm going to find out myself. JESSIE CARCICH- I live up on Salt Road. The proprietors of Sirens, they ignored the Cease and Desist Order, do you have any idea how far they are prepared to go to fight this? ATTORNEY CASULLO- Have no idea. THERESA KIMBROUGH- I live on Stevens Road. The law that you want to instate to make this not happen again, is that going to come before they meet their requirements that they might be able to open again? ATTORNEY CASULLO- At this point I... SUPERVISOR ROBINSON- Takes a little longer than that to do this. ATTORNEY CASULLO- ...we're going to... What I want to do first, is let's get this action going and then we're going to move on to other issues. I understand your question, but I want to take one step at a time. JUDGE ARLAND HEFFRON- Would they be allowed to stay open under an appeal? ATTORNEY CASULLO- That is an interesting question, but I don't believe so. It might be up to the Appellate Justice, I'm not saying this for sure, but it might be up to the Appellate Justice to decide whether they can stay open. JUDGE HEFFRON - Most likely they would though. ATTORNEY CASULLO- Possibly, I'm not sure. They would have to hurry to go get...at that point you're looking to the Appellate Division of Ithaca, I think is the Fourth Judicial Department, so they'd be looking for somebody out Rochester, as far as looking for an Appellate Division Judge that sits over this way to hear something. But I'm not even going to comment on that because I'm not too sure at this point. DOUG BROWN- Would they be "grandfathered" into any zoning changes that took place now, seeing that they're already in there? ATTORNEY CASULLO- Not to my knowledge, no. SUE WOLF- I live on Davis Road, just out of McLean. My question is, while I understand that the zoning, that we don't have an ordinance so that they couldn't open, I was curious about the fact that our school is so close. My granddaughter does attend that school and I realize that the hours aren't the same, but sometimes the traffic is the same at night when they open at six o'clock. And it's a pretty busy situation. And I was just wondering if you, I can't remember your name, Mr. Lawyer, if you've heard from (I apologize) anything... I know that our school lawyer was looking into this as far as our school goes. Now, I do know in Cortland, when they tried to do this in Cortland, that the school was very close on Tompkins, and that was one of the ways they got out of it. So, that was my question,you know... ATTORNEY CASULLO- If your asking me, have I heard from the school district, no, I haven't. WOLF- I just was wondering if anything could be done because our school is there, and you know, I won't get into logistics, but being down there kind of late, holding up a sign, and beer bottles busted around in our community when there's no alcohol on the premises, and I mean I understand that none of you can do anything about that, but it's very irritating to, um, you know... and I would like to say that the taxpayers that maybe we need one more cop in the county because there's only five on a Saturday night and that's not enough for 300,000 people. SUPERVISOR ROBINSON Thank you. 4 RUTH CRAFT - I'm from McLean. I'm concerned about our church. I belong to McLean Community Church. We have a lot of children that go to our church. And I'm just concerned that when they come up for the children's sermon, what they're going to say to our minister. Also, I want to know what's going to happen about the lawyer, who's going to pay the lawyer fee if we have to go higher? ATTORNEY CASULLO- That's a question for the Town Board. CRAFT- I mean, a lot of people in McLean do not have a lot of money to dish out of their pockets to pay a lawyer. I'm one of them. I do not have money to pay a lawyer. UNKNOWN- We'll have a bake sale, Ruth. CRAFT- I don't think bake sales or car washes are going to pay for this. I think it's a little under-handed. JEANETTE KEENAN- I live up on Fall Creek Road. I always have something to say. But, the one thing I do want to say, we live about a mile from this "nudie" establishment. We have our house on the market. We have prospective buyers right now, looking at it, coming back the second time tomorrow. Could you fix this before I have to tell them there's a "nudie bar" down the street? I'm obligated to tell them this is going on down in McLean! In the meantime, I know you said it "just happened", but there's just a comment: it "just happened", but it's a sad state of affairs that it happened. CHUCK CARLISLE- On Gulf Hill Road, Mc Lean. I would just like a clarification on, was the Town involved at all with permits or anything? How was the Town involved with all this, because we don't know anything about it, as far as what you've been involved with. SUPERVISOR ROBINSON- We weren't involved in getting anyone in here, I'll tell you that. CARLISLE- Did they have to get permits, or anything? SUPERVISOR ROBINSON- They have to get permits. Yes, they do. That's what our litigation is about. CARLISLE- What about the deception on the permits? It's obvious that no one here knew that there was this type of establishment going in. It's obvious it's not a family restaurant. I'm not taking my family there. Didn't somebody know something about this before they opened the doors or the dancers showed up, that this is happening? Can't you get an injunction because of that? It's obviously a deception. ATTORNEY CASULLO- I understand your frustration and it's well taken. I can't comment on what you're saying about the deception, but I can tell you this: That's why we're seeking the injunction. We're trying to prohibit this. I feel that there's some violation to the Code, but to get the injunction there are certain procedures you have to follow which we have followed. And now we're at the step of filing the summons and complaint, and that will lead to the possibility of an injunction, I'm not saying that it's a guarantee, it's going to be for the judge to decide. UNKNOWN- Considering the building as an historical site, would that have any reflection on what's going on inside? We obviously can't take our children there to see the history of the building. ATTORNEY CASULLO- No. CLINT COTTERILL- Could you tell us what the permit said? What they actually asked for. ATTORNEY CASULLO- To answer your question, there was no permit granted. There's no permit granted at this point. 5 CHRIS SPROUSE- I live in McLean. My question is, if they were served a cease statement, from the Town of Groton, why is it that the McLean residents are responsible for this lawyer's fee? Why shouldn't it be the Town of Groton. SUPERVISOR ROBINSON- It is. ATTORNEY CASULLO- It is the Town of Groton's responsibility. Actually the Town of Groton is suing this because McLean is a hamlet within the Town of Groton. Town of Groton is handling this matter. SPROUSE- It appeared to me that we were going to be responsible. ATTORNEY CASULLO- No, absolutely not, and whoever was giving you that information, that's totally inaccurate. SUPEVISOR ROBINSON- Well, technically you are, you're tax payers. ATTORNEY CASULLO- But they're not paying for it solely themselves. UNKNOWN- Speaking of taxes, if this establishment gets to stay there, is there a possibility you'll be reassessing our taxes? Is our property values going down? SUPERVISOR ROBINSON- Is there any other questions? I think we have to go on with the meeting. Is there anything else? MARGE HANSEN- From Freeville. I have a comment to make. Unity creates community. We gotta stick together on this. If the judge comes up and says it's okay to do it, he's going to have a fight on his hands. I personally, I'm taking this under hand, by myself, and I've written up a thing, that we, as God's people, must take a stand together to rid our area of the results of the business going on in the former Elm Tree Inn, located in McLean, New York. I want all of us to think the situation through. What will it do to our children? What will it do to our men and our husbands? And do we care about the young women who will be using there bodies for the pleasure of men and for profit? Join the churches in this area in front of the McLean Fire Department, Sunday, October 11 at 2 PM. And let's agree in prayer that this community will not allow this destruction to our already hurting community. UNKNOWN- If there was no permit filed, I wasn't at the earlier meeting either, was this a case of misrepresentation? ATTORNEY CASULLO- You know, and I hope you understand, and I really do, I've let a lot of this go at this point, and technically I could have just said that I don't want to discuss this because now this is pending litigation. That's an issue, and I know you don't like hearing this answer, but I can't get into what our arguments are going to be and what our tactics are going to be in this lawsuit right now. And I hope you understand, I really do. And I understand it's frustrating. And I've probably gone a little further than I probably should. I could have just cut this off and said it's pending litigation and we don't have to talk about it right now, but I know how upset all of you are and I felt that we had an obligation to at least discuss this. But when it gets to matters right at the crux of this lawsuit, I really can't talk about it right now. And I apologize for that, I really do. CLYDE SNOWBERGER- I'm in construction. There's two questions I have. Number one, of all the businesses I've seen open, no matter whether they were previously a restaurant, or what they were, had to be a Health Department Inspection. Was there one on this particular issue? Number two, George, he's at the bottom of this, he's the Code Enforcement Officer. If we put a new home up, we gotta have a Certificate of Occupancy, for these people to move in. We don't need one for a nude bar? Something is missing here. I can't blame it on any one. It's not my job. I'm from the Town of Dryden. But, in construction, no matter, like I say, whether it's a previous run restaurant that went under and a new one took over, gotta be these permits issued before they can open the door, or even get a permit. Am I right, George? 6 GEORGE SENTER, CODE ENFORCEMENT OFFICER- Yup. SNOWBERGER- How come we didn't have one on this one? Thank you. UNKNOWN- The question I have is not with regard to this particular case. You said it would take, if you filed tomorrow, you would be heard very shortly, perhaps as early as Friday. Once you make your argument before the judge, do you have any idea what the time frame normally is in a case like this before a decision is reached? ATTORNEY CASULLO- The time frame would be rather quick. Again, I would say after we present oral argument, probably within a day or two. I can't speak for the judge. DICK HOPKINS- I can almost spit and hit the Elm Tree from my house. If the Town Government told them to cease and desist why can't the sheriff put a padlock on their door? MARGE ALBERN- Because, unfortunately, we're just a hamlet. That' all we can expect.... ATTORNEY CASULLO- That's not true. We're going through the legal means after the Cease and Desist was not followed. It has absolutely nothing to do with the fact that you're a hamlet. Who ever is saying that is totally inaccurate. What we're doing on behalf of the Town, is following the legal steps that need to be followed to seek an injunction before a New York State Supreme Court Justice. And again, I understand if it's frustrating because of the time, but we're not going to just go out and do things just for the sake of doing them when they're not proper. We're going to try to follow the proper procedure that needs to be followed. And again, that is just wrong information. Whoever said that is just totally inaccurate... about... because your the Hamlet of McLean, that's because this stuff... that is just totally inaccurate. Absolutely wrong. Whoever is saying things like that, that's counterproductive. ALBERN- Excuse me, Sir, I don't mean to be rude or ignorant, but that's what the Sheriff told us Saturday night. ATTORNEY CASULLO- I won't comment on it any further. But that is inaccurate. That just because you are the Hamlet of McLean, in my opinion, that's inaccurate. What we're going to do; we're going to follow the procedure properly. DONNA ALLEN- The first meeting we had, it was mentioned that the man who owned the place was lied to about what it was going to be, and he was going to see if he could break the lease, because he was lied to as to what it was going to be. STTORNEY CASULLO- What meeting are you talking about? ALLEN- The first meeting of McLean that we had. It was brought up that night that someone had called the owner and he said that he was lied to. ATTORNEY CASULLO- I'm not going to comment about anything that transpired between the lessees and Mr. Bale. I don't know what happened. I'm not going to comment about anything like that. JOHN CURATOLO- I didn't hear the answer, the one lady asked a question about more police protection out here in this area. I live in the Town of Dryden. If you're bringing people in here, I hear reports from people who live in the neighborhood, that there's beer cans littering the parking lot, there's people walking out, "mooning" women who are at the pie shop, and doing different things. The Sheriff's Department and State Police are spread thin, and unfortunately, when you have violations of law, sometimes you need the police officer to be present and witness those violations. So, what is the answer to the earlier question about, is the Town of Groton going to maybe try to put on a little added police protection by hiring a deputy? And if you could address what your ordinances are as far as open container laws? We know what the 7 penal law says about disorderly conduct and public lewdness and things like that, but I think that enforcement might work along these lines; because the poor people who have to live down there. This is in a residential neighborhood. It's been said before. So, maybe if you could just address those questions. SUPERVISOR ROBINSON- I, personally, went to the Sheriff's Department and to the Trooper's Barracks in Varna, and spoke to them, about the situation before things were getting out of hand, and I also made a telephone call the other evening to them. They have tried to do the best they can. The Sheriff's Department is rather slim and the State Trooper's have more people, and they were assigning them to come over there. And I think you've seen some of them if you are on patrol over there or whatever. CURATOLLO- I meant maybe pay somebody to be there. SUPERVISOR ROBINSON- You want your money to go for that? CURATOLLO- Well, your Town of Groton taxpayers are here. If it was in the Town of Dryden, I'd say, you've got my vote for paying a cop, you know, twenty five bucks an hour, I don't know what it would be for a deputy. But I think it's something you could research and look at. The people who live here, they're the one's who are going to benefit from it. I'd let them speak for themselves, but if it was me to make the decision, I'd say that it was something that maybe you should look at. UNKNOWN- Possibly a Town cop could swing by once in awhile. SUPERVISOR ROBINSON- Village? Their jurisdiction is within the village. MIKE HENRY- I live in McLean. I give you a call the other night. The Sheriff's Department did come out. He also made the comment that we are our own ...... because of people honking horns and it's bothering them too much on getting calls for horns being blown. Also, he mentioned about Open Container Law. We have been sitting there, witnessing people bringing open containers into this establishment from driving, and the police officer said "that's a grey area", there's not much they can do about it. SUPERVISOR ROBINSON- I also told him that. I told him all the complaints that I've had on the telephone and the letters that I've gotten and the people that I've talked to. HENRY - So, people are allowed to bring beer into, or alcohol into this establishment? SUPERVISOR ROBINSON- That I don't know. As far as I'm concerned, this was supposed to be a non-alcohol establishment. HENRY- Can the Town Lawyer answer that question? SUPEVISOR ROBINSON- I don't think so. Not at this time. SUE WOLF- I guess I would like to know, and maybe no one here knows the answer, but, if you see someone with an open container, or if we had a camera, or a VCR, I just wondered if that would make a difference. I was very concerned on Friday night, I stood behind the line, I was very careful not to obstruct any traffic, I don't want any trouble with anyone, I just want the thing out of our community. But, two young men, at about twelve o'clock at night, both nineteen years old, one was from Freeville, I can't remember where the other one was from, highly intoxicated, came over and talked to the four or five of us who were standing there, explaining why they thought it was their right to be able to go to this establishment in our community, and why it was okay even though it was in a residential section. I'm trained to work with emotionally disturbed people, therefore I was fairly able to keep my cool and just said to them, I hope you're not driving, etc. My concern is that these guys were drunk. I have to be twenty one in New York State to legally have alcohol if your not in your own home. I did mention that they should be drinking with their parents. Also, when I asked the sheriff about that, Mrs. Robinson, he just kind of shrugged his shoulders, and you know, if they got in 8 a car, and drove down the street and hit one of my kids, I probably would never be allowed to teach again, because I would probably be arrested for murder! And I'm not making a joke out of that. I just can't even imagine. But it's so infuriating! What can we do as citizens with something like that? Now if you can't tell me, then maybe someone on this board can direct me and anyone else who wants to know, where we can turn and what we can do, because it isn't right and it isn't fair. You know, I've watched them smashing beer containers, glass, after they've opened the thing, on Saturday night, in our square, smashing them against the fire station, not cleaning them up. "Well they slipped." Yeah, when you're standing there and heaving them, and they "slipped", that's baloney! I know that this is running and emotions are beginning to get high, but we really need to know if there is anything legally that we can do. I have a real problem. I would expect my own son or daughter to be arrested if they were out walking around drunk and if I saw them, I would take them myself. They don't like to hear that, but I truly would do it. JOHN PACHAI- What I would do is, if you see a police officer who is witnessing something that you believe to be illegal, I would call the police officer's superior.... WOLF - The problem is, that one police officer, who was over there, and it wasn't the same gentleman as that, I'm not pointing any fingers, was very blase` and laid back about the whole ordeal. PACHAI- ..... so you should make a complaint.... WOLF- It's just that, okay, they're not selling alcohol in the establishment, but I won't tell you how much drugs and alcohol you could tell was being used in that parking lot over the weekend, and I was there on Saturday night till a quarter of twelve, just because I had nothing better to do with my time but to hold up a sign which said, "exploitation is not entertainment." I just really need to know that...........that's why I'm asking about pictures and stuff, if that would stand up. SUPERVISOR ROBINSON- That I don't know, because I'm not a lawyer. One last question. KATHY NORTHROP- I just wanted to know, when this does go before the judge, will you be there to represent us as a community or will your law firm, or.. ATTORNEY CASULLO- My law firm will be there obviously. I can tell you this, Jim Barenello, my law partner, will be the person arguing the motion. He's the corporation council for the City of Cortland. He will be there arguing the motion. I will not be there. Jim will be there and he will be arguing the motion. NORTHROP- Is there anything as a community that we can do to show support or would that not be recommended? ATTORNEY CASULLO- At this point, let us do what we need to, and let's go from there. We know you're behind the Town. NORTHROP- I know that you know, but I was just saying, anything before the judges? ATTORNEY CASULLO- Well, no one's going to be in the courtroom. The judge is going to hear both sides and he'll make a decision. So, let's see where we stand after that. SUPERVISOR ROBINSON- Thank you all for coming and for your input. We're going to try the best we can. Supervisor Robinson said that Carl Heck could not make it tonight due to illness. Passed around SPCA report and correspondence from the Fund for Animals, Inc. regarding control of beavers and Bookkeeper's Report. 9 LELAND CORNELIUS, HIGHWAY SUPERINTENDENT - I have no report. We took vehicles down to Auction. We have the frame on the barn (gas tanks). The $3100 included the steel. We sold scrap in pit yesterday. GEORGE SENTER - CODE ENFORCEMENT OFFICER - Passed out year-to-date building permits issues. COLLEEN D. PIERSON - TOWN CLERK/TAX COLLECTOR - Monthly report was review by the Board. Tentative Budget was given to the Board prior to the meeting. ARLAND HEFFRON & ALTON ALEXANDER - TOWN JUSTICES - Monthly reports were reviewed by board. Moved by Councilman Carey, seconded by Councilman Sovocool, to reschedule November Town Board Meeting to Monday, November 3, 1997 at 7:30 P.M. Ayes - Sovocool, VanBenschoten, Palmer, Carey, Robinson. Moved by Councilman Sovocool, seconded by Councilman Carey, to schedule the 1998 Town Budget Hearing for Monday, November 3, 1997 at 8:00 P.M. and the 1998 Fire Budget Hearing for 8:15 P.M. - Ayes - Sovocool, VanBenschoten, Palmer, Carey, Robinson. The Groton Business Association and Rotary will be meeting at Mineral Springs on October 16th at 6:00 P.M. Teresa, Colleen, Leland and Rick will be attending. Supervisor Robinson said that the Town cannot legally give money to the Village of Groton for Main Street Improvements. We can help them out by providing equipment and labor. Moved by Councilman Sovocool, seconded by Councilman VanBenschoten, that Steve Thane of the Zoning Board of Appeals be authorized to attend the NYS Planning Federation Conference in Saratoga from Oct. 26 to 28, 1997. Ayes - Sovocool, VanBenschoten, Palmer, Carey, Robinson. Board Members set a budget work session for Tuesday, October 14 at 7:30 P.M. This is to go over budget once again and also to get status of unreserved fund balances. Clerk will not be able to attend. The Town has retained law firm out of Cortland to help straighten out Diversified. There being no further business, Councilman VanBenschoten moved to adjourn meeting, seconded by Councilman Palmer, at 9:15 P.M. Unanimous. Colleen D. Pierson Town Clerk 10