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HomeMy WebLinkAbout11-1997 MINUTES OF TOWN BOARD MEETING MONDAY, NOVEMBER 3, 1997 AT 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Donald N. Palmer, Councilman Daniel J. Carey, Councilman Francis Casullo, Attorney Absent: Gordon C. VanBenschoten, Councilman Also present: Leland Cornelius, Richard Case, Jr., Liz Brennan, Lee Shurtleff, Arland Heffron, George Senter (About 31 interested parties) Supervisor Robinson announced that Gordon VanBenschoten, Councilman, is unable to be here tonight because he was called to Kentucky to take care of his grandchildren while his daughter has radiation treatments. That's really more important. Board Members, Town Clerk and Supervisor introduced themselves. Councilman Palmer - Correction of minutes: Oct 2 - I was excused from that meeting and therefore should not appear under the vote on page 6. Councilman Carey - Correction of minutes: Oct 7 - Page 11 - Next to the last paragraph should read "The Town has retained law firm out of Cortland (not Syracuse). Moved by Councilman Sovocool, seconded by Councilman Carey, that the minutes of October 2, October 7 and October 20 be approved as corrected. Ayes - Sovocool, Palmer, Carey, Robinson. Claim Nos. 172 through 185 of the Highway Fund in the amount of $3,853.35 and Claim Nos. 252 through 270 of the General Fund in the amount of $8,479.29 were presented for audit. Moved by Councilman Palmer, seconded by Councilman Carey, that the bills be approved for payment. Ayes - Sovocool, Palmer, Carey, Robinson. Claim Nos. 113 through 117 of the Special Grant Fund (HUD) in the amount of $4,236.07 were presented for audit. Moved by Councilman Carey, seconded by Councilman Sovocool, that the bills be approved for payment. Ayes - Sovocool, Palmer, Carey, Robinson. LIZ BRENNAN - BOOKKEEPER - You have the report up there. We need a resolution on the transfers. Councilman Palmer asked the reason for the transfers. Liz said the Justice Court Clerk's salary is over budget by $5.89; Traffic control (Signs) is over budget $551.21 for Lick St. and Champlin Road; Machinery, a new chain saw was purchased for $275 and it was $75.00 over budget. Highway Part Town - General Repairs, Personal Serv. is $755.39 is over budget. RESOLUTION NO. 46 - AUTHORIZATION TO TRANSFER FUNDS Moved by Councilman Sovocool, seconded by Councilman Palmer Ayes - Sovocool, Palmer, Carey, Robinson 1 RESOLVED , that the Town Board does hereby authorize the following transfer of funds: GENERAL FUND (TOWNWIDE) From: Contingency A1990.4..........................$557.10 To: Justice, Clerk, Personal Serv. A1110.13...... 5.89 Traffic Control, Contractual A3310.4......... 551.21 HIGHWAY FUND (TOWNWIDE) From: Contingency DA1990.4......................... 75.00 To: Machinery, Equipment DA5130.2................ 75.00 HIGHWAY FUND (PART-TOWN) From: Contingency DB1990.4......................... 755.39 To: General Repairs, Personal Serv. DB5110.1..... 755.39 GEORGE SENTER, SR. - CODE ENFORCEMENT OFFICER - Board Members had his monthly report which reads as follows: Building Permits issued Year-to-Date 1996 84 6 Houses 13 Mobile Homes 65 Other 1997 87 8 Houses 18 Mobile Homes 61 Other Life Safety Inspections are current through October. LELAND CORNELIUS, HIGHWAY SUPERINTENDENT - I don't have anything. We are getting ready for winter. COLLEEN D. PIERSON, TOWN CLERK/TAX COLLECTOR - Copies of Monthly Report was submitted to the Board for their review. ARLAND HEFFRON & ALTON ALEXANDER, TOWN JUSTICES - Copies of Monthly Reports were submitted to the Board for their review. Supervisor Robinson asked if Grace Meddaugh was present. She was not expected until after the hearings this evening. She had sent in a letter regarding rabid raccoons and no one to assist in removing them from yard. All Board Members have a copy of the letter. We'll wait until later in the evening to see if she comes in. The Tompkins County Municipal Officials are having a meeting on November 19, 1997, at 6:00 P.M. at the Lehigh Valley House. Reservations should be made prior to November 10. Agenda includes Assessment Equipment Update and Cable Franchise Program. They will also be discussing Cellular Towers. Supervisor Robinson said that she would like to explain a little bit before we get started on the budget. The budget is broken down into townwide and part town. Townwide is considered all over the township including the Village and part town is only the part outside of the Village. The ambulance service is in the part town because the Village has its own taxes on that. The Districts that we have are the Fire Protection in Groton and that is a certain area of about three-quarters of the Township. We have a Fire District, now I said Fire Protection District because with the Town of Groton because we have a contract with the Village on the fire service. The Fire District is McLean. The Fire has their own board and they decide how much money they need and they send it to us to collect and we give it back to them. So, we have nothing really to do except collect for them. 2 We have two Light Districts, one in McLean and one in Peruville. When you are paying your taxes, you will have different, if you live in the Village you will be paying the Village tax and you might be paying your own fire tax but if you live outside you have all kinds of combinations, you might live in McLean and have the Fire District in McLean, you might have McLean Light District and, so when you are thinking of these things there are different combinations of things that you have to put together. The other thing is that it is divided up into A and DA. A is for general funds and DA is for highway funds. B is for outside of town (part town) and the DB is outside of town. That is the Highway. Anything with a D on it is the highway and anything without it is the general fund. So, when I'm explaining the budget to you, if you have any questions -- Can we start? (Budget Hearing is to start at 8:00PM. Supervisor Robinson said that one other thing that she would like to have in the minutes is that we have an opening on the Planning Board. We will be filling that soon if anybody is interested. The Association of Towns is February 15 through 18, 1998, for schooling. Anybody that is interested should contact me right away because they've set dates for getting your reservations in. Board Meeting recessed for Hearings: 8:00 P.M. - 1998 Budget Hearing 8:15 P.M. - 1998 Fire Budget Hearing 8:30 P.M. - Proposed Local Law #4 for the year 1997 relating to a moratorium on Adult Entertainment Establishments (See Public Hearing Minutes File) Board Meeting Reconvened at 8:40 P.M. T. Robinson: Is Grace Meddaugh here, please? She probably figures it wouldn't be over yet. Colleen? C. Pierson: No. I didn't see Grace come in. T. Robinson: Maybe she didn't think the hearing would be over. Do you want me to read this? C. Pierson: I think I sent it to all the Board Members. T. Robinson: I was just wondering if this was something that -- We have a letter that was sent to us and I'd like to turn it over to George and see if George, being our representative to the County, can handle the problem. So, she isn't here. Maybe she will be in a little later and you can discuss it. C. Pierson: Why don't you wait until you see if there are any others that want the privilege of the floor, and maybe Grace will be here. T. Robinson: Okay. Anybody else would like the privilege of the floor? C. Rankin: I wasn't here in time for the Budget Hearing -- Chuck Rankin -- I guess what I was wondering is we've gotten the letter that the Town was unable to fund any money to the Village for the Main Street projects. I was wondering, you said it was illegal, in your letter to us. T. Robinson: Did I say illegal? C. Rankin: You said it was the opinion of the Comptroller it was illegal, or something like that. I don't know the exact words. But, I guess, is this a formal State Comptroller's opinion or is this just conversation with an 3 attorney at the Comptroller's Office? T. Robinson: Well, we contacted three people. And they all said no. D. Palmer: Two at that one meeting said no. T. Robinson: And we contacted up in Albany too. F. Casullo: I spoke with an attorney out in Albany who also indicated that they felt it was a problem. C. Rankin: Okay, I guess my own opinion is I don't understand what's the difference between that and the contributions to the recreation program you give us every year. What's the difference? T. Robinson: Well, as I said... C. Rankin: You don't own the park. T. Robinson: No, but we said our kids used the park and we're paying for the privilege of them using the park. V. Rankin: Teresa, don't you get some Federal money and you're supposed to ....for the park? T. Robinson: What Federal money? V. Rankin: State aid, or whatever. C. Rankin: I guess I just wanted to know where this opinion was and how -- opinions are opinions, you know until some lawyer comes in and challenges it, you know. You guys can pretty well put the money wherever you want. I guess that's one reason why I can't understand why it was taken away from us. T. Robinson: We were willing to put it in. C. Rankin: Yes. Well, I guess I made my point -- T. Robinson: Is there any other statements? Adoption of the 1998 Budget. Can I have a motion to pass? RESOLUTION NO. 47 - ADOPT 1998 TOWN BUDGET Moved by Councilman Carey, seconded by Councilman Sovocool Ayes - Sovocool, Carey, Robinson Nay - Palmer (I register a vote of no against the budget.) Absent - VanBenschoten RESOLVED , that the Groton Town Board does hereby adopt the 1998 Proposed Town Budget as presented at the hearing. 4 F. Casullo: Don was opposed to the budget. That doesn't necessarily mean he was opposed to the Fire Department Budget. I don't know what it was for, but we had two different hearings. Do you know what I'm saying? I think you might want to just have another vote on the Fire Department Budget. D. Carey: Fire and ambulance? F. Casullo: Yes. T. Robinson: Actually, the ambulance is in the budget. D. Carey: So's the fire department. T. Robinson: No, not really. (Small discussion held; decided vote not needed.) Okay. Action on Local Law #4, the moratorium. Do I have a motion? D. Palmer: I'd like to raise one question before we bring it to a motion. I want to make sure that I'm clear in my understanding that this motion from the Town does not include the confines of the Village. F. Casullo: No, just the Town. The Village is their own separate-- D. Palmer: So even though the Village is a part of the Township, this would not be included under this coverage? F. Casullo: No. But I'm under the understanding, too, Don, that the Village 5 is already enacting something or has already enacted something. That was my understanding. I could be wrong. C. Rankin: The adult entertainment law? T. Robinson: Yes. C. Rankin: We are in the process of reviewing and we are doing our background information at this point. And within probably by the December or January meetings we'll be ready to go. D. Palmer: So you're looking for a resolution at this point? F. Casullo: I think what we need to do is to have a vote -- roll call vote, individual, saying either for or against Local Law #4. RESOLUTION NO. 48 - ADOPT LOCAL LAW #4 FOR THE YEAR 1997 A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT USES FOR A PERIOD OF 120 DAYS Moved by Councilman Palmer, seconded by Councilman Sovocool Aye - Councilman Sovocool Aye - Councilman Palmer Aye - Councilman Carey Aye - Supervisor Robinson Absent: Councilman VanBenschoten RESOLVED , that the Town Board of the Town of Groton does hereby adopt Local Law #4 for the year 1997, a Local Law Providing for a Moratorium for the Establishment of Adult uses for a period of 120 days. T. Robinson: Although he's not here, Dutch said he was for it too. C. Pierson: Doesn't count. T. Robinson: I know it doesn't count. D. Carey: I'd like to offer a resolution that this law being enacted, that the Planning Board will take action to amend the Ordinance in compliance with this adult uses in the Town of Groton. I'd like to see a 45-day period of time put in there and you have 45 days to work on that and then it's brought to us for review. T. Robinson: Do I have a second? V. Rankin: Who you talking to? D. Carey: Planning Board. V. Rankin: 45 days is not enough. D. Carey: Will 45 days be enough time? G. Totman: Well, you've got a moratorium on for 120 days. That means you've got 120 days to come up with something because nothing new can happen within that 120 days. I would like to see it 60 days to give us a least two meetings; 45 days only gives us one meeting. Let me change that. Our Planning Board meets the third Thursday of each month, so what I'm looking for is at least two of those meetings. So that would give us to the January meeting. That's still within your 120 days. T. Robinson: You could have another meeting or two. G. Totman: We could, yes. We have before. I'd like to have at least two meetings. (Board members and attorney explore dates.) F. Casullo: I think Dan would probably amend his resolution to request that 6 the Planning Board look into the situation that would lead to an amendment of the Town of Groton Land Use Code to include a section on adult entertainment and adult entertainment uses, and to allow the Planning Board enough time, the Town Board, through Dan's amended resolution will basically say that they would like to have the Planning Board report back to the Town Board on or before January 5, 1998. (Councilman Carey agreed to amend his original resolution.) RESOLUTION NO. 49 - REQUEST TOWN PLANNING BOARD TO LOOK INTO AMENDING TOWN OF GROTON LAND USE AND DEVELOPMENT CODE TO INCLUDE A SECTION ON ADULT ENTERTAINMENT Moved by Councilman Carey, seconded by Councilman Palmer Ayes - Sovocool, Palmer, Carey, Robinson Absent - Councilman VanBenschoten RESOLVED , that the Town Board does hereby request the Town Planning Board to look into the situation that would lead to an amendment of the Town of Groton Land Use Code to include a section on adult entertainment and adult entertainment uses and to report back to the Town Board on or before January 5, 1998. T. Robinson: Since we do not have the Dog Contract, we're not going to act on it. I guess that's it. There being no further business, Councilman Carey moved to adjourn meeting, seconded by Councilman Palmer at 8:55 P.M. Unanimous. Colleen D. Pierson Town Clerk 7