Loading...
HomeMy WebLinkAbout03-11-2003 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING MARCH 11, 2003, AT 7:30 PM PUBLIC HEARING ON DOG LAW AT 7:45 PM PUBLIC HEARING ON TAX EXEMPTION AT 8:00 PM Those present: Glenn E. Morey, Supervisor Ellard L. Sovocool, Councilman Donald F. Scheffler, Councilman Sheldon C. Clark, Councilman Duane T. Randall II, Councilman Francis- Casullo and Victoria Monty, Town Attorneys Also present: April Scheffler, Richard Case, Liz Brennan, Charles Ferris, Colleen Pierson, Arthur Freelove, June Freelove, Loren Aiken, Steve Simons MOVED by Councilman Randall, seconded by Councilman Sovocool, to approve the minutes of the February 11, 2003 meeting as presented. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. General Fund Claim Numbers 47-79 of the in the amount of $155,146.93 were presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. Highway Fund Claim Numbers 26-46 of the in the amount of $15,848.48 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Scheffler, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. Special Grant (HUD) Fund Claim Numbers 276-278 of the in the amount of $3,495.61 were presented for audit. MOVED by Councilman Randall, seconded by Councilman Clark, to approve the HUD bills for payment. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. Town Board Meeting Page 2 March 11, 2003 Supervisor Morey offered Privilege of the Floor. No one wished to speak at this time. Monthly Reports: Elizabeth Brennan, Bookkeeper/Deputy Highway Superintendent – The annual report has been filed electronically with the State Comptroller’s Office. While I was doing the annual report I noticed there was an account that was missing in the budget, DA962. It only shows up in the budget account, budgetary provisions for other uses and it’s an offset to the money that we set aside of taxes that go over to the capital reserve money. We have so much set aside. So, I gave you a printout so you could see that the one side’s got the taxes, the DA1001R, the revenue, showing that that part of the taxes, $23,075.00, is going to the reserve. And you need an offset on the appropriations side and with this we don’t necessarily have an appropriation but we have this ledger account, DA962, which is budgetary provisions and that just is the offset for that one. And for some reason the budget program didn’t have it, whether with their updates, it got lost and I hadn’t noticed it, but we need that in there. And our budget is going to be off by that amount because we don’t have the offset. So, what we need to do is pass a resolution to amend the budget to have an additional fund balance used to put into the budgetary provision account. So, if you look at that first page, what we appropriated for fund balance was $35,900.00 and we actually need $58,975.00 and we’ll also be raising, not the appropriations, but this other appropriation account, so it will be $628,850.00 on that end. I know it’s confusing and I’m trying to do it as simple as possible but we need that account so we can offset that money in order to move it into the capital reserve. Supervisor Morey – And there really isn’t any change to the budget. Liz Brennan – Other than increasing the amount of unexpended fund balance. In the fund balances we’re saying we have this much money that will go towards the taxes but we need so much more because of that other side that wasn’t in the budget account, that missing account number. Supervisor Morey – Questions? Councilman Sovocool – The money is still there……… Liz Brennan – Right, we just need the offset and this is just a budget account. You won’t see it in the printouts of revenues and expenditures. It’s not part of that. It’s part of the general ledger accounts. Councilman Scheffler – It’s just not in the right place. Liz Brennan – Right. For some reason I had it there last year but rather with their updates they got rid of it and I didn’t notice that it wasn’t there, but it popped up in my head when I didn’t have that line item to put in the annual report. So, I went back to the budget and saw that it wasn’t there and it’s something we need so to set it in we’re going to have to increase the appropriated fund balance. And the other item I have in the January minutes the encumbered amount for dog enumeration was left at $2000.00 and the way I understood it we brought it down to $1500.00 because we already had $1000.00 there, which was $2500.00 total and that is what you said the contract Town Board Meeting Page 3 March 11, 2003 amount was. So, that’s the amount that was moved so we’re going to need another resolution to change that so that the dog enumeration encumbrance is $1500.00. Councilman Randall – Glenn, you said to leave that in there when I questioned it. Remember, I said that it was $1500.00 and you said to leave the difference, there wasn’t that much of a difference there? We talked about it anyway. Supervisor Morey – We made a mistake, Tyke Liz Brennan – The problem is the way I understood it we did lower it down to $1500.00 and that’s what I had encumbered over and the books have been closed at this point. Supervisor Morey – Any questions? RESOLUTION #25 – AMEND 2003 BUDGET MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Randall, Clark, Morey. WHEREAS, the revenue in the Real Property Taxes for Capital Equipment Reserve Fund, DA1001R in the amount of $23,075.00 needs to be offset with additional Fund Balance, THEREFORE BE IT RESOLVED, that the Town Board does hereby amend the 2003 Budget by appropriating additional Fund Balance DA599 (debit) in the amount of $25,075.00 and (credit) Budgetary Provisions for Other Uses DA962 in the amount of $25,075.00. Supervisor Morey – The other resolution is a correction of the January 14, 2003 minutes in the 2002 budget. Clerk Scheffler – You’re not correcting the minutes. That was the motion that was made. You can rescind that motion and make another one. RESOLUTION #26 – RESCIND RESOLUTION #13 OF JANUARY 14,2003 AND MAKE NEW MOTION TO ENCUMBER FUNDS MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Randall, Clark, Morey WHEREAS, a resolution to encumber funds from the 2002 budget to the 2003 budget was made on January 14, 2003, and WHEREAS, the Town Board wishes to change the amount encumbered for Dog Enumeration, A3510.41 from $2,000.00 to 1,500.00 Town Board Meeting Page 4 March 11, 2003 THEREFOR BE IT RESOLVED , that the Town Board does hereby rescind Resolution #13 of January 14, 2003, and be it FURTHER RESOLVED, the Town Board does hereby approve that the following funds from the 2002 Fiscal Year be encumbered to the 2003 Fiscal Year Budget: General Fund Town Wide: Reclamation of Gravel Pit A8989.4…………$1,500.00 (close gravel bank) Dog Enumeration A3510.41………………….1,500.00(additional to 1,000) Buildings, Repair A1620.42…………………..2,021.60 (carpet) Town Clerk Software A1410.42………………1,000.00 (backup system) Highway Fund Town Wide: Machinery, Equipment DA5130.2……………92,604.00 (loader) Councilman Scheffler – You’re correcting the budget, not the minutes, right? Supervisor Morey – The minutes. No, correcting the budget. Yes, thank you. Anything else? Liz Brennan – That’s it. I’m catching up with the books so probably by next month you’ll have your regular reports. Supervisor Morey – George cannot be here tonight but April’s got his report. Clerk Scheffler – There were only two building permits issued this month, both for renovations, and one certificate of occupancy issued. Life Safety Inspections are current through February. We had a man in the office last week looking at buying the Muka property, the former Coit property. So, that saga continues, I guess. George said that he would issue the same type of building permit to him if he does buy it, for six months, and then see what happens. They are Amish people and if they buy it they expect to be living in it by July. So, it might turn out to be a good thing. Richard C. Case, Jr., Highway Superintendent – They Highway Department is still dedicated to snow and ice removal. As everyone can see, it’s been a long snow season. Salt and sand consumption is up. Man-hours are up. The thing that concerns me the most is the price of fuel. This not only affects the winter maintenance, but the summer paving and sealing projects could be affected by this. Our base oil prices for the asphalt, they escalate and de-escalate with our bids. But we’ll make adjustments as we go along. The good news is from Norm Wylie, the loss control consultant from our insurance, which is our workman’s compensation carrier. After a th safety meeting we held January 15 with the Village employees also, I was advised by Mr. Wylie that our loss ratio was 4%. This is very good and has a direct bearing on our premiums. He conducted an inspection of our building and was pleased with the efforts taking place to provide a safe work environment. I’d like to thank the employees also for their individual efforts in keeping our operations safe and productive. They should be commended for that. As we move through what we hope is the end of winter I’d like to thank everyone for their support and Town Board Meeting Page 5 March 11, 2003 patience. Without this Board and your backing we could not provide the services that Town citizens have grown accustom to. PUBLIC HEARING ON PROPOSED LOCAL LAW #1 FOR THE YEAR 2003 TOWN OF GROTON DOG CONTROL LAW The public hearing on proposed local law #1 for the Year 2003 – Town of Groton Dog Control Law was opened at 7:45 PM. The Town Clerk read the public notice , which was duly published in the Town’s legal paper, The Groton Independent, on Wednesday, March 5, 2003. Public Comments: Steve Simons, 421 Clark Street Extension – I’m glad to see this type of law coming in front of the Town Board. I think it’s something that’s needed even though I live in the country. I own a dog of my own. My dog, even when she’s off the leash, she’s not allowed to run, but I have neighbors whose dogs come to my property, defecate/urinate over our plants. We have another neighbor that has a dog that howls two, three o’clock in the morning for hours on end. We’ve called the neighbors and they do nothing about it. We’re kind of at a loss. You know, in the summer it’s nice to have your windows open and you can’t even sleep at night because of the dogs. So, I think a law like this is needed and I think we need to put someone there who can enforce it and strict enforcement is really needed. Loren Aiken, 1350 Elm Street Extension – I live out in the country also. My question is who’s going to enforce this law? Supervisor Morey – The Town Clerk and the SPCA. Mr. Aiken – And the who? Supervisor Morey – SPCA. Mr. Aiken – You might better talk to that wall as to talk to the SPCA. That’s my experience and that’s the experience of our neighborhood. We have a problem in our neighborhood. You call the SPCA and they never show up. That’s why I’m wondering, you know, you’re making laws and one thing or another but we’re not even enforcing the laws that we have on the books. If your name happens to be somebody that’s got lots of money your dog can run all over the country and nobody shows up. If you happen to be some poor sucker who’s got a dog barks, you’ve got somebody knocking on your door, shut your dog up or you’ll get a ticket and whatever happens. Supervisor Morey – Basically, what this law is trying to do is coincide with what the State law is. Mr. Aiken – I understand. I agree with the law if we’re going to enforce it and we’re going to enforce it fairly. But like I say, I have a piece of property that I rent out. The party who rents my property has a German Sheppard dog, which is a very friendly dog. The dog does bark. Why does the dog bark? Because all the neighbors’ dogs are running through the yard and the Town Board Meeting Page 6 March 11, 2003 dog’s excited. He’s tied up. So, he’s going to bark and he’s the one that they’re going to go after. They’re not going to say anything to these guys that have eight or ten neighbors that’s got dogs running through their yard or up and down the road or what have you. So, maybe we ought to pay attention to Elm Street Extension, Lafayette Corners area and see if we can’t get our problem taken care of over there. Do you think we could do that? Supervisor Morey – Um-hmm. Any other comments? April, would you like to say anything? Clerk Scheffler – Well, I would just like to say something to Mr. Aiken. If you call the SPCA and they don’t respond, you call me. Mr. Aiken – Then it sounds like you want to be called. I have called the SPCA. I’m not the only one in the neighborhood who has called the SPCA. I haven’t called in quite awhile. Other neighbors are complaining. They call. They get no response. Councilman Sovocool – They don’t come out at all? Mr. Aiken – They never show up. You never see a truck. You never see a person. They don’t show up. I personally think we ought to have some kind of a, some person in the Town who we control to do this job. I don’t think it ought to be put on the SPCA. I think the Town ought to take care of it themselves. Maybe that’s adding another $10,000 out there in wages or $5,000 but if there was somebody who could do it, the enforcement officer, the building code officer or something like that. I don’t know. I’m just telling you the SPCA is not doing their job. Whether they’re understaffed or what, I don’t know. Or you get an answering machine at the SPCA and you never get a call back. Clerk Scheffler – I hear that complaint a lot. Councilman Randall – I’ve had that happen myself. Mr. Aiken – Well, if you hear that complaint a lot, let’s do something about it. Tell him either they’re not getting their money or they better start doing their job. I know if I don’t do my job, I’m not going to be there. Clerk Scheffler – If I don’t know that you’re having a problem with this, I can’t call that person down there and tell them that. Mr. Aiken – You just said you have that complaint a lot. Clerk Scheffler – And when I hear that complaint, I call the head person and get someone out here. Mr. Aiken – I don’t know if you’re the lady I talked to or not, but I have called the Town Clerk a couple of times when I had a problem. But where it went from there I don’t know because there was still nothing done on our end about it. Clerk Scheffler – And you know, if they do come out and you have a complaint, you have to be willing to sign that complaint. Mr. Aiken – I’ll sign. If I’m going to call I’ll sign the complaint. Town Board Meeting Page 7 March 11, 2003 Clerk Scheffler – Well, a lot of people don’t want to do that. Mr. Aiken – But somebody’s got to come out to get me to sign it. Clerk Scheffler – If you call and they’re not showing up you need to call either me or one of these Board Members or Glenn. Mr. Aiken – I’m sure that our area over there is not the only area that has a problem. You can drive around the Town of Groton and if you drive more than two miles you’ll see two or three dogs running out across the field that should be tied up somewhere and that’s a problem. Supervisor Morey – Thank you. Any other comments from the Board? Any comments from the public? Councilman Scheffler – It’s not an answer to his comment about hiring a local person, is a local dog warden is regulated by Ag & Markets and Ag & Markets has the SPCA do inspections on them. And SPCA writes tickets on the local warden until they decide it’s not worth doing anymore and all the local town wardens have given it up. That’s something that probably should be taken up with the State at some level. Mr. Aiken – Then you can go right back to what I said up there. If you’re going to have a law, enforce it. If you’re not going to enforce it why pass more laws? I’m all for it, but let’s enforce it and let’s enforce it on everybody, not just some little poor sucker, but everybody. Or if we get a complaint that somebody’s dog is barking, if they’ve got their dog tied up like they should have and there’s half a dozen other dogs running through their yard, don’t go after the guy who’s got his dog tied up, go after the guy who’s got his dog running through the yard. That will take care of the whole problem. Supervisor Morey – Okay, any more comments? If not I move to close the public hearing. MOVED by Supervisor Morey, seconded by Councilman Sovocool to close the Public Hearing at 7:52 PM. RESOLUTION #27 – ADOPTION OF LOCAL LAW #1 FOR THE YEAR 2003 TOWN OF GROTON DOG CONTROL LAW MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Randall, Clark, Morey RESOLVED , that the Town Board does hereby adopt Local Law #1 for the Year 2003, the Town of Groton Dog Control Law as follows: Town Board Meeting Page 8 March 11, 2003 Town of Groton Local Law No. 1 of the year 2003 A local law relating to the control of dogs within the Town of Groton. Be it enacted by the Town Board of the Town of Groton as follows: Section 1. Purpose The purpose of this Local Law is to promote the public health, safety and welfare of the Town of Groton, including the protection and preservation of property within the Town and its inhabitants and of the peace and good order therein, by regulating and controlling the activities of dogs within the Town and providing for the enforcement thereof. Section 2. Authority This Local Law is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York. Section 3. Title The title of this Local Law shall be, “Dog Control Law of the Town of Groton.” Section 4. Definition of Terms As used in this Local Law, the following words shall have the following respective meanings: a. Agriculture and Markets Law. The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Local Law, as amended by this Local Law and as amended thereafter. b. Dog. Dog shall mean male and female, licensed and unlicensed, members of the species Canis familiaris. c. Owner. The party purchasing the license, unless the dog is or has been lost, and such loss has been reported to the proper authorities and a reasonable search has been made. If a dog is not licensed, the term of “owner” shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any animal which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one (1) week prior to the filing of any complaint charging a violation of this Local Law shall be held and deemed to be the owner of such dog for the purpose of this Local Law. In the event any dog found to be in violation if this Local Law shall be owned by a minor (under 18 years of age), the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violation of this Local Law. d. Town. Shall designate the area within the corporate limits of the Town of Groton. Town Board Meeting Page 9 March 11, 2003 e. Harbor. To provide food or shelter to any dog. Section 5. Prohibited Acts It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to: a. Not to be restrained by an adequate collar and leash unless it is accompanied by its owner or a responsible person able to control it by command, when not on the property of the owner. b. Engage in habitual loud howling, barking, crying or whining or conducts itself in such a manner so as to unreasonably and habitually annoy and/or disturb any person other than the owner of such dog. c. Cause damage or destruction to property or defecates, urinates or digs or otherwise commits a nuisance other than on the property of the owner of such dog. d. Chase, jump upon or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury. e. Chase, run alongside of, bark at or otherwise harasses any motor vehicle, motorcycle, bicycle, carriage or any other vehicle or device used by persons for travel or any riders occupants thereof while said vehicle or device is on a public highway or private property other than property of the owner of said dog. For purposes of this section, a horse or other animal shall be considered a vehicle or device. f. If it is not wearing a valid and current New York State dog license while out of the property of the owner of said dog, whether or not restrained by an adequate collar or leash. Establishment of the fact or facts that a dog has committed any of the acts prohibited by section 5 of this Local Law shall be presumptive evidence against the owner or harborer of such dog that he/she has failed to properly confine, leash or control his/her dog. Section 6. Enforcement/Appearance Ticket Any person or persons, who are or may be lawfully authorized by the Town, shall, and all peace officers may, administer and enforce the provisions of this Local Law, and for such purpose shall have the authority to issue appearance tickets. Section 7. Seizure, Impoundment, Redemption and Adoption a. Any dog found in violation of any of the provisions of section 5 of this Local Law may be seized pursuant to the provisions of section 118 of the Agriculture and Markets Law. b. Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in section 118 of the Agriculture and Markets Law. Town Board Meeting Page 10 March 11, 2003 c. Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying an impoundment fee of $20.00. d. If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in subdivision (c) of this section whether or not such owner chooses to redeem his/her dog. e. Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provision of section 118 of the Agriculture and Markets Law. f. No action shall be maintained against the Town or any person or persons lawfully authorized by the Town when performing duties pursuant to this Local Law to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this Local Law or the Agriculture and Markets Law. Section 8. Complaint a. Any person who observes a dog in violation of this Local Law may file a complaint under oath with a Town Justice specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog. b. Upon receipt by the Town Justice of any such complaint, he/she shall summon the alleged owner to appear in person before him/her for a hearing, at which both the owner and the complaintant shall have an opportunity to be represented by counsel and to present evidence. c. A violation of any order issued by a Town Justice shall be an offense punishable, upon conviction thereof, as provided in section 10 of this Local Law. Section 9. Licensing, Fees and Surcharges Pursuant to the Agriculture and Markets Law and this Local Law, all dogs in the Town must be licensed once the dog is four (4) months old. A violation of this provision shall be an offense, punishable upon conviction thereof, as provided in section 10 of this Local Law. The license fees, payable to the Town Clerk are as follows: TYPE FEE Neutered male or spayed female $10.00 Unneutered male or unspayed female $18.00 In addition, pursuant to the Agriculture and Markets Law and this Local Law, the Town may collect an additional $5.00 for dogs identified as unlicensed during a dog enumeration. This fee is to be collected at the time of licensing and is in addition to the statutory and local licensing fee and the Animal Population Control Fee. This fee need not be reported to the State of New York by the Town, but must be used for dog control in the municipality. Town Board Meeting Page 11 March 11, 2003 Section 10. Penalties A plea or conviction of a violation of this Local Law shall be deemed an offense and punishable by a fine not exceeding $25.00 for a first offense, not exceeding $50.00 for a second offense and not exceeding $75.00 for a third and all subsequent violations. These penalties shall be in addition to any other penalty provided by law. Section 11. Separability If any section, paragraph, subdivision, clause, phrase or provision of this Local Law shall be judged invalid or held unconstitutional, it shall not affect the validity of the Local Law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. Section 12. Repealer This Local Law shall supersede all prior Local Laws, ordinances, rules and regulations relative to the control, licensing and fee schedules of dogs within the Town and they shall be, upon the effectiveness of this Local Law, null and void. Section 13. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State. April L. Scheffler, Town Clerk/Tax Collector – Submitted her monthly Town Clerk and Tax Collector reports for the Board’s review. We have been real pleased with the results of our new dog license and reminder system. We started with 45 reminders for the month of January and no tickets were issued. So, we’re pretty proud of that. We’re down to two remaining “difficult” cases, which Judge Norman was talking about last month. One of those has actually come in and licensed four dogs and still has to appear in court. The other one has appeared in court but hasn’t licensed the dog yet but the Judge gave him until next week because he had to get a rabies shot. Hopefully that will be taken care of. Human Services called and asked if they could have their money a little earlier this year. We just paid that in December or something. So, I have the contract ready for Glenn to sign. th There is a Notary class at TC3 on April 30 and I would like to have Kris go to it. The cost is $65.00 and she would have to go to Syracuse then to take the test, which is $15.00. I need your authorization for her to attend this class. We talked about the beautification grant last month. We have applied and I have a copy if nd anyone would like to look at it. They will be looking at them on April 2 and then let people know who gets awarded grants. They’ve had 19 applications and are giving out 10. Town Board Meeting Page 12 March 11, 2003 RESOLUITION #28 – AUTHORIZE PAYMENT OF NOTARY CLASS EXPENSES FOR DEPUTY CLERK MOVED by Supervisor Morey, seconded by Councilman Scheffler. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Town Board does hereby authorize payment of all expenses involved in Public Notary class and testing for the Deputy Town Clerk, Kris Strickland. RESOLUTION # 29 – APPROVE 2003 HUMAN SERVICES CONTRACT MOVED by Supervisor Morey, seconded by Councilman Randall. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Town Board does hereby approve the 2003 Human Services Contract in the amount of $700.00 as provided for in the 2003 Budget. Francis Casullo, Town Attorney – I looked at your agreement with Cornell Cooperative Extension. Just so you know, they forgot to list the Town of Groton at the top of the agreement. Supervisor Morey – No, see, they run the billing through the Village. Attorney Casullo – But do they want you to sign? Supervisor Morey – Yes, the end of it. Attorney Casullo – Then it should have the Town of Groton up at the top. And the other thing, I don’t know if the Village has looked at this yet, I see they have a sentence in there about independent contractor, they normally have a paragraph explaining what the independent contractor status is. And the other issue, Glenn, in the contract that I don’t see and I’m sure the Village attorney will see it too, is normally you have an indemnification or an insurance provision in there and I don’t see that in there either. You could pass a resolution to adopt the contract but I think the Village attorney would say the same thing especially about the independent contractor status and the indemnification issue. I think it would be a good idea if we contact him on that. Town Board Meeting Page 13 March 11, 2003 PUBLIC HEARING ON PROPOSED LOCAL LAW #2 FOR THE YEAR 2003 PARTIAL EXEMPTION FROM TAXATION TO PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER A public hearing was opened at 8:00 PM on proposed local law #2 for the Year 2003 – “A Local Law of the Town of Groton Providing a Partial Exemption from Taxation to Persons Sixty-Five Years of Age or Older Pursuant to the Provisions of Section 467 of the Real Property Tax Law”. The public notice was read by the Town Clerk, which was duly published in the Town’s legal paper, The Groton Independent, on Wednesday, March 5, 2003. Public Comments: Colleen Pierson, 7 Sharpsteen Road – Is this the same income range as the Village and school? Supervisor Morey – Yes. Ms. Pierson – We’re all equal then? Supervisor Morey – I don’t know about the school but this is the same thing as the Village. Ms. Pierson – Okay, it’s been a long time coming. When does this go into effect? Supervisor Morey – 2004. Ms. Pierson – Are you sure? What’s the cut-off? Supervisor Morey – What do you mean, cut-off? st Ms. Pierson – Hasn’t the cut-off date, March 1passed us in order to have it go on next year’s taxes? Supervisor Morey – I didn’t know that. Attorney Casullo – I can check but I don’t think so. Supervisor Morey – Well, you’ve got the experience. Ms. Pierson – If it is, you’re only 13 days late. Attorney Casullo – No one showed that to us. I can check. Ms. Pierson – Well, it would come out of the Assessment Office. Attorney Casullo – I was talking to Cortland County’s Assessment Office and they didn’t say anything about that. Ms. Pierson – Well, check on it. Attorney Casullo – I will do that. Town Board Meeting Page 14 March 11, 2003 Supervisor Morey – Any other questions? MOVED by Supervisor Morey, seconded by Councilman Sovocool to close the Public Hearing at 8:05 PM. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLUTION #30 - ADOPTION OF LOCAL LAW #2 FOR THE YEAR 2003 PARTIAL EXEMPTION FROM TAXATION TO PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER MOVED by Supervisor Morey, seconded by Councilman Randall. Ayes - Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that the Town Board does hereby adopt Local Law #2 for the Year 2003, providing for partial exemption from taxation to persons sixty-five years of age or older as follows: Section 1. This Local Law shall be known and cited as “A Local Law of the Town of Groton Providing a Partial Exemption from Taxation to Persons Sixty-Five Years of Age or Older Pursuant to the Provisions of Section 467 of the Real Property Tax Law” Section 2. The purpose of this Local Law is to grant a partial exemption from taxation to a maximum of fifty per centum (50%) of assessed valuation of real property which is owned by persons with limited income who are sixty-five years of age or over who meet the requirements set forth in section four hundred sixty-seven of the Real Property Tax Law of the State of New York as amended. Section 3. Pursuant to Section 467 of the Real Property Tax Law, real property situate within the bounds of the Town of Groton, Tompkins County, New York, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife or siblings, one of whom is 65 years of age or over, shall be exempt from taxation for real estate taxes to be levied by the Town of Groton for the year 2004 and thereafter by the percentage of exemption specified for the annual income ranges listed below: Annual Income Ranges Exemption Percentage (1) $20,500 or less 50% (2) $20,500 or more but less than $21,500 45% (3) $21,500 or more but less than $22,500 40% (4) $22,500 or more but less than $23,500 35% (5) $23,500 or more but less than $24,400 30% (6) $24,400 or more but less than $25,300 25% (7) $25,300 or more but less than $26,200 20% (8) $26,200 or more but less than $27,100 15% (9) $27,100 or more but less than $28,000 10% (10) $28,000 or more but less than $28,900 5% Town Board Meeting Page 15 March 11, 2003 Section 4. Local Law No. 1 for the year 1966, as amended by Local Law No. 3 for the year 1984, as amended by Local Law No. 1 for the year 1990, as amended by Local Law No. 1 for the year 1993, as amended by Local Law No.1 for the year 1994, which provides for a partial tax exemption of real property owned by certain persons with limited income sixty-five (65) years of age or older, is hereby repealed and superseded by this Local Law. Section 5. This Local Law shall take effect immediately upon filing with the New York Secretary of State and shall apply to the next real estate taxes to be levied by the Town of Groton. AND BE IT FURTHER RESOLVED , that the Town Board does hereby approve the additional fifteen (15), ten (10) and five (5) percent exemptions added to the above adopted Local Law. Councilman Scheffler, as Recreation Coordinator – We’ve had Marcia sign contracts with the bands for our summer concert series, which will be on Wednesday nights this summer at the gazebo, which is right across the street from the Town Hall, which hasn’t been built yet. We’re hoping. That’s a Village gazebo but they got a grant and we’re going to have the concerts there this summer. We’re working on summer programs for kids at the park and that’s what’s going on in the land of recreation. Supervisor Morey – They’re going to dissolve the Park Commission? Councilman Scheffler – They’re talking about it. Supervisor Morey – That’s going to be Monday night. Are you going to go? The Recreation Committee is going to take most of it over. Councilman Scheffler – I don’t think the Park Commission does much anymore and they meet like, what, once or twice a year or something. And with this new recreation program it’s kind of a redundancy. So, they’re talking about it. They haven’t asked me about it. Councilman Sovocool – They’re having a public hearing on it at the Village, I see. Supervisor Morey – Any questions for Don? If not we’ll move on to discussion on Local Advisory Board of Assessment Review. I need some volunteers. I’ve got two but since it will be about three hours I’d like to get at least three or four more people. Do you have any suggestions? Actually it’s not very hard. All you have to do is sit there because three representatives from the Assessment Office should be there with a computer, show their property, and basically you just fill out a form that says please review and it goes on to the County. So, it’s not the type of thing that they’re going to come out and yell and scream at you. It really isn’t bad. The Board agreed that it was quite easy. Councilman Sovocool – You also have to go to school. Ms. Pierson – Oh, is that why you’re not doing it, Louie? Town Board Meeting Page 16 March 11, 2003 Supervisor Morey – No, we can’t. It says the town supervisor or town board member are not permitted to sit on this board. Last year they didn’t want us to either but we sort of snuck in. RESOLUTION #31 – APOINT TERESA ROBINSON TO CAYUGA MEDICAL CENTER CORPORATION MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that the Town Board does hereby appoint Teresa Robinson to serve as a member of the Cayuga Medical Center Corporation for a two year term from April 2003 to April 2005. RESOLUTION #32 - PROCLAIM APRIL AS FAIR HOUSING MONTH MOVED by Supervisor Morey, seconded by Councilman Randall. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. WHEREAS , in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988 and, WHEREAS, the Month of April 2003 has been designated by the U.S. Department of Housing and Urban Development's Office as Fair Housing and Equal Opportunity as Fair Housing Month, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Groton hereby declares and proclaims April as Fair Housing Month in the Town of Groton RESOLUTION 33 - DESIGNATE POLLING PLACES MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that the Town of Groton designates the following polling places: District # 1 - West Groton Church District #2 & #3 – Town Hall District #4 – McLean Fire Station Town Board Meeting Page 17 March 11, 2003 RESOLUTION # 34 – APPROVE 2003 CONTRACT FOR GROTON YOUTH PROGRAM MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Town Board does hereby approve the 2003 contract with Cornell Cooperative Extension for the Groton Youth Program with the stipulation that changes be made as suggested by Attorney Francis Casullo to include “Town of Groton”; include definition of independent contractor; include indemnification/insurance clause. Announcements: Planning meeting for 2003 Community Farmers Market, March 11, 7-8:30 PM at the Fire Hall. th Cayuga Lake Watershed Presentation – Well water – March 13 7-9 PM at Town Hall th Town Planning Board, March 20 th Tompkins County Magistrates Association Dinner, March 29, 6 PM, at Lucatelli’s th GBA Luncheon, March 19, noon, at Groton Hotel – Updates on school budget th McLean community Council meeting rescheduled to March 19 at 7:30 PM th Municipal Officials Meeting, March 18, 6:00 PM, at Lehigh Valley House. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler at 8:12 PM. Unanimous. April L. Scheffler Town Clerk