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HomeMy WebLinkAbout08-12-2003 TOWN OF GROTON MINUTES OF TOWN BOARD MEETING TUESDAY, AUGUST 12, 2003, AT 7:30 PM Those present: Glenn E. Morey, Supervisor Ellard L. Sovocool, Councilman Donald F. Scheffler, Councilman Sheldon C. Clark, Councilman Duane T. Randall II, Councilman Victoria Monty, Town Attorney Also present: Richard Case, George Senter, Liz Brennan, April Scheffler, Colleen Pierson, Barbara Clark Supervisor Morey –I don’t think we can approve the minutes because we are missing page 10. Can we approve them later, after we get it? Attorney Monty – You can table it until later and then discuss any changes or amendments… Clerk Scheffler – I can make you a copy of that page right now if you want. It was indicated that the Board would like the Clerk to make a copy of this page. She left the room to do this and returned with the missing page, which the Board then read. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the minutes of the July 8, 2003 meeting as presented. Ayes - Sovocool, Scheffler, Randall, Morey. Nays - Clark Supervisor Morey – Review and action of invoices. Ah, in the General Fund, I, we made a resolution last month for $865.79 to be paid to Tompkins Community Action Incorporated, so I’d like to add that on for approval as well as what it is. That’s for the closing of Sykes Street. All right and it will be reimbursement for the utilities. So, can I have a motion to accept the General? General Fund Claim Numbers 201-234 in the amount of $13,01574 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. Town Board Minutes Page 2 August 12, 2003 Highway Fund Claim Numbers 127-145 of the in the amount of $17,902.36 were presented for audit. MOVED by Councilman Randall, seconded by Councilman Clark, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. Special Grant (HUD) Fund Claim Numbers 293-297 of the in the amount of $2,699.43 were presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the HUD bills for payment. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. Supervisor Morey - Privilege of the Floor. Anybody want to speak? Colleen? Colleen Pierson – Just here listening. Supervisor Morey - Barb? Barbara Clark – Just listening. Supervisor Morey – All right, then we’ll move on to the monthly reports, Liz. Elizabeth Brennan, Bookkeeper/Deputy Highway Superintendent – Okay, you’ve got your expenditure and revenue report and the bank balances. I do have one transfer this month from the General Fund Town Wide, taking it from Contingency and going to Health Center, A4560.4, for $120.00 and this was one of the blood tests that the highway guys had to go through with the, what was it, respiratory? Rick Case – Respiratory. Liz Brennan – So, we already used, we had one blood test that came in a couple months ago and this is another one. And usually that account, we only have a minimum amount in it in case a new employee needs a physical. Councilman Scheffler – That’s for the, okay, the respirator for the painting. Liz Brennan – Yes. Rick Case – We had to certify Bob Bogardus and Lester Coit to get certified through the State for respiratory, in case we need to get in any concealed areas or when they’re painting or working with materials that are not supposed to be inhaled. Supervisor Morey – Any other questions? Town Board Minutes Page 3 August 12, 2003 RESOLUTION #55 – TRANSFER OF FUNDS MOVED by Supervisor Morey, seconded by Councilman Randall Ayes - Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that the Town Board does hereby approve the following transfer of funds: General Fund, Town Wide: From: Contingency A1990.4………………….$120.00 To: Health Center A4560.4………………….120.00 Supervisor Morey – Anything else? Liz Brennan – Any other questions? Okay. Supervisor Morey – Thank you, Liz. Councilman Randall – Thanks. Supervisor Morey – George Senter is not here. We move right down to Rick Case, Highway Superintendent. Richard C. Case, Jr., Highway Superintendent – At the present time, the Highway Department is involved in the summer maintenance and road construction programs. The shop continues the P.M. program and with the help of the summer youth workers they have made good headway with cleaning up the cemetery on Rt. 222. I don’t know if anybody’s noticed that, but we’re trying to get that front section straightened up so it’s a little more presentable. Bob Bogardus, Gary Scutt, Jacob VanAlmelo and Joe Randall have done the biggest share of the work and are to be commended. Since I reported last, the Town of Groton and Village clean-up days have been held. Everything went well. Pete Carr, Gary Scutt, Rick Satterly, Mark Kirchgraber and the Village crew worked well together to make a well-organized and safe operation. Our Town building was used, as you know, for both Bikes & Blues and the Old Home Days flea market. The fellows have my thanks for doing a nice job of cleaning the building. I would like to comment that both Bikes & Blues and the Historical Society left the building as they found it, in nice clean shape. For the record, all Town highways and intersections have been broomed and roadside mowing continues. The second round of mowing is underway. The preliminary reconstruction of West Brown Road has been completed. Base gravel, drainage and crossover pipes have been put in place. After everything has had time to settle, we will apply more sized gravel to the driving surface. Cemetery Lane can no longer be called a dirt road because it has been graveled the full length, which has been an ongoing project, and has turned into a very passable road. The Highway crews have moved several yards of both shoulders and ditch material this year with the Town Board Minutes Page 4 August 12, 2003 excavator, loader and grader. We are beginning to see the rewards of their efforts with less water damage during heavy rainfall, which seems to take place constantly. The Town sustained some tree damage during recent wind and rainstorms. When time and manpower allows, we will continue cleaning trees from the right-of-way. Walpole Road, Old Stage Road, from Rt. 38 to Chipman Corners, and Clark Street, form Old Stage to Lick Street, are being prepped for paving. There is some extensive crossover pipe work on Clark Street being done now. Some of what’s being replaced has probably been there since the 1920’s or early 1930’s. I contacted John Lapman, Tompkins County Highway Department Engineer, to inform him that we were ready to replace the wooden bridge deck on the Stevens Road Bridge. John informed me that at this time, they are refurbishing the bridge beams that were taken off the Champlin Road Bridge in preparation for placing at the Stevens Road site. It is my understanding that they intend to fix both headwalls then lay these refurbished beams. When they finish with their portion of this project, it is my hope that we have time to get the new bridge decking on before it snows. Even with the wet conditions this spring and summer, we have made good forward progress with the planned roadway projects. Just a little note, I was looking at the calendar, we are 64 days away from putting on snowplow equipment. I have a couple requests that need Board resolutions: 1) Rick Satterly has been employed as a laborer for 1 year with the Town of Groton Highway Department. Rick has proven to be very loyal, conscientious and dependable. He continues to learn how to operate the equipment involved in the daily routine of the Highway Department. I feel he will develop into a very good operator. I am requesting that Rick receive a $.50 raise as allowed by the employees’ contract. 2) I would also like to request a resolution granting me permission to go out to bid for a new 3 ½ cubic yard wheel loader and place the current 1989 Cat loader for trade-in. 3) After looking at th the calendar, I noticed that the next Board Meeting is scheduled for September 9, which is Primary Day Election. Not being sure when the next meeting will be held, I would also request permission to bid on any piece of equipment that would benefit the Town of Groton Highway Department that might be found at the Lansing Municipal Auction being held Saturday, th September 13. And that would stay within the limits of the 5130.2 Equipment Account. Other than that I’m open to ques……. Supervisor Morey - Wait, wait, wait. First one’s for Rick Satterly increase pay 50 cents an hour. Then you wanted permission to put out to bid a 3 ½ inch… Richard Case – 3 ½ cubic yard wheel loader. Supervisor Morey – Wheel loader. Richard Case – We’re going to trade in the current…… Supervisor Morey – Is that a front load? Richard Case – Yup, front end loader. Supervisor Morey – And trade in the Cat loader, is that right? Town Board Minutes Page 5 August 12, 2003 Richard Case – Yup. Supervisor Morey – Then you want another resolution that, to benefit, I… Richard Case – To go to the auction like I usually do every year. I have to have permission to expend those funds in case there is something at the auction we can use. Supervisor Morey – Any special account? Richard Case – That would be the DA5130.2 Equipment Account. Councilman Scheffler – Do you have anything you plan on taking to the auction this year? Richard Case – Not this year. I still, I don’t want to say what I’m looking for ‘cause I find we end up with…..?…. Councilman Sovocool – Have you got money to buy this new loader? Richard Case – Yes, budgeted for it last year and we encumbered the funds so it’s all in place. Liz Brennan – Right, it’s under that DA5130.2. You’ll see where we encumbered $92,000. Councilman Sovocool – Okay. Richard Case – Hope is to get that out to bid so by the next meeting I can come back with results and a recommendation. Supervisor Morey – Got any questions on the first resolution for Rick Satterly increase in his pay? Councilman Scheffler – Not me. Supervisor Morey – Tyke? Sheldon? All right. What? Okay. RESOLUTION #56 – INCEASE IN PAY FOR RICK SATTERLY MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Randall, Clark, Morey. ESOLVED R, that the Town Board does hereby approve an increase to Rick Satterly’s pay by $.50 an hour, that is allowed under the employee contract. Supervisor Morey – The second one is to give, second resolution is to give Rick permission to put out to bid a 3 and for a 3 ½ inch cubic yard wheel loader with a Cat loader for a trade-in. Town Board Minutes Page 6 August 12, 2003 Councilman Clark – I make a motion it says 3 ½ cubic foot loader. Richard Case – Cubic yard. Councilman Clark – Yard. Supervisor Morey – Cubic yard. Councilman Clark – I make a motion that we do that. RESOLUTION #57 – PUT OUT TO BID – 3 ½ CUBIC YARD WHEEL LOADER MOVED by Councilman Clark, seconded by Councilman Randall Ayes - Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that the Town Board does hereby give Richard Case, Highway Superintendent, permission to put out to bid a 3 ½ cubic yard wheel loader and to offer the Town of Groton’s 1989 Cat loader in trade. RESOLUTION #58 – PERMISSION FOR HIGHWAY SUPERINTENDENT TO EXPEND FUNDS AT LANSING MUNICIPAL AUCTION MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that the Town Board hereby gives permission for Richard Case to attend the Lansing Town Auction and spend Town money in the account number DA5130.2 for equipment identified to benefit the Town of Groton. Richard Case – Questions? Supervisor Morey – mm-mm. Any questions? Okay, thank you Rick. George, you want to come up? George R. Senter, Sr., Code Enforcement Officer – Good evening. We issued 13 building permits in July. Two were for houses and one was a $225,000 house and the other was a $155,000 house, so that helps the tax base a little bit. We had one manufactured house, which is a mobile home, and others were 10. That’s swimming pools, garages, alterations and that sort or thing. Also issued 4 C of O’s or letters of completion and the LSIs are current for July. We’ve got a call into Mr. Robinson who bought Muka’s property, to come out and go meet with the guy Town Board Minutes Page 7 August 12, 2003 and see what he’s going to do with the property. He needs a building permit and get something going. Supervisor Morey – Is Muka the old Coit property? George Senter – Coit property, yeah. So, I’m trying to still get something stirred up on that so I may have to talk to you about that. If we don’t get some response from the guy, what can we do? Can we go ahead and……. He say’s he can fix it up for $4000. I have another yarn I’d like to spin for you too. You know Floyd Ferris? He worked for the New York Board of Fire Underwriters and is retired. He works down at the Village of Groton, Village of Lansing and maybe the Village of Dryden, I’m not too sure. He does it on a salary type basis and I can’t explain the process how he does it but he’d like to come in next month and talk to you gentlemen about what he does and if you’d be interesting in having him on also. What that guarantees you is that you have the same inspections for everybody out there. He’s licensed to do it. It will always be the same. It won’t be different from one guy to another, that sort of thing. If you have different, mostly different people out there you never know what you’re going get. Butch Manzari does a lot of them for us. He does it for Atlantic Inland out of Cortland, subcontracts to them. But Floyd would like to come in and talk to you about it anyway and get your opinion and see what you think about. If you can give him 15, 20 minutes next month, he’d appreciate it. Supervisor Morey – It’s Floyd Ferris? George Senter – Floyd Ferris, yes. Supervisor Morey – Spell his last name. George Senter – F-e-r-r-i-s Clerk Scheffler – George, do you know what his designated job is, like electrical inspector, or something? George Senter – Yes. He is for the Village of Groton, Village of Lansing, and I think Village of Dryden, I’m not too sure. Clerk Scheffler – We might have to create that job position with the County. George Senter – Yes. His salary is very small. What he does, he makes up the difference in what he collects on inspections, you know. The guy is excellent. He’s excellent. And what I think you’d have to do, I think, is probably pass some kind of resolution having him as you’re only electrical inspector in the Town and that would also block out everybody else. So, that’s something to thing about. I”m sure it would take a resolution to do that. And if you don’t mind, he’d like to come in next month and talk to you, discuss it. It’d be worth listening to him anyway. He’s got all the paperwork. He does a good job. He was the supervisor for Board of Fire Underwriters and he’s retired. This is what he’s doing in his spare time. Supervisor Morey – All right, you’ll get ahold of him to come in? George Senter – Yes. If you like, I’d get with April and set up a time. Do you want him on the agenda or…. Town Board Minutes Page 8 August 12, 2003 Supervisor Morey – No, put him on the agenda. George Senter – You want him on the agenda, okay. I’ll tell him to come in to the next one. thth That is the 9. Are you going to do it the 9? Supervisor Morey – No, we’re going to discuss that in a little while. George Senter – All right. Any questions? Supervisor Morey – No. Any questions? Councilman Sovocool – No questions. Supervisor Morey – Thank you. All right, April? April L. Scheffler, Town Clerk/Tax Collector – I gave you a copy of that email, the one from the Board of Directors of the SPCA and the information on the marriage license fees. You’ve got my monthly report and that’s about it. I do have one thing that I’d like to say and it hopefully will shorten up the rest of the meeting for you. I heard Don talking about Groton being back in the news and we are back in the news and it’s not good. Seems like Groton has had way too much bad press for well over a year now. We have these wonderful ads running on local TV stations trying to get people to come here to shop and live and then we continually end up in the news looking bad. We ourselves have recently been included in the paper in an uncomplimentary way. Why? Because you and I are having a disagreement over Town Board Minutes. I believe that this disagreement has become too personal for all of us and to continue this way is not in the best interest of the Town and the people we were all elected to serve. In view of all of this, I am calling a time-out. I am dropping the issue. If you want verbatim minutes, you will have them. You can have them any way you want. To continue this disagreement would be a waste of time and energy for everyone. I have work to do, a deputy to finish training, hunting licenses going on sale next week, and budget items to work on. You all have things that need your attention. And to have the Town Attorney working on this for three months is certainly a huge waste of taxpayers’ money. We have an enumeration contract that needs to be worked on; we need to hire a person for that position; we have initiated a project for improved dog control, which includes several other towns. These matters need our attention now and we need to be able to work together in order to make these projects into something that really is of benefit to the people of this Town. I sincerely hope that the gesture I am making allows us to do that. Supervisor Morey – Okay. I also have a comment also but I’ll wait for number six? Any questions for April? We’ll move on to Victoria. Victoria Monty, Town Attorney – You can call me Vicki. As April eluded I have been working on that issue for quite some time and it has taken up a good deal of my time. That would be the verbatim minutes issue and I am not going to elaborate on that because it seems that that should be put to rest now. I have, Glenn just gave me the SEQR information from the Dryden Central School. I will look at that. I understand you all have that in your packet. Clerk Scheffler – I didn’t get a copy of that. Can I get a copy of that? Town Board Minutes Page 9 August 12, 2003 Supervisor Morey – Is it right there in your…what I just gave you tonight? Clerk Scheffler – No, I don’t think so, not anything that thick. Supervisor Morey – It got mixed in somebody’s folder tonight. I’ll get you a copy. I’m sorry. Councilman Scheffler – It was something about the Dryden School. Supervisor Morey – They’re going to make improvements in the Cassavant School, the Freeville School and the Dryden Elementary School. (A copy of the information was produced for the Clerk.) Attorney Monty – I’m still looking into Diversified Technology but it’s kind of taken the back burner as of late. But it’s one of the big files that I brought in and I did find some additional information on that but haven’t had an opportunity to pour over. I will do that and as soon as I have some more information…. It appears we may have to do what’s called a stub search to make sure, because I know you mentioned, Glenn, at one of the past meetings that you were second in line, the Town of Groton was second in line…. Supervisor Morey – We should be first on the mortgage on some of the equipment up there, as I understand. Attorney Monty – There were UCCs filed….I made sure of what our position is and I noticed there was a personal guarantee by, the man’s first name was Tom and there was a woman on there as well, I can’t remember. So, we should be in pretty good shape turning that in. George Senter – Tom Sims was his name. Attorney Monty – Tom Sims. And Liz provided me with the most current numbers. We are pretty good at emailing, so I’ll get back to you via email. Unless you have some questions for me I think that’s all I have to report. Supervisor Morey – Okay. Clerk Scheffler – I have a question on a totally different subject. Fingerlakes Aquaculture, they have an in lieu of taxes payment, which they have never paid since the beginning of the agreement. I’ve just gotten papers again from the County to send them the bill for the 2004, to get it ready. I don’t believe the Village has ever got a payment and I don’t think the County has either. I know at one time the County was talking about foreclosing. George Senter – They’ve just received a tremendous, huge grant. Clerk Scheffler – Yeah, I know, I read that in the Groton Independent. So, I guess I’d kind of like to get together with you, from the Tax Collector point of view, and see what we can do to maybe put some pressure on and get it caught up. Attorney Monty – Now, is that something that we should have a file on in my office? Town Board Minutes Page 10 August 12, 2003 Clerk Scheffler – I don’t know. I didn’t have anything and I finally got a copy of the agreement from the County last year. So, I do have a copy of the agreement, my bills and Colleen’s previous bills that she sent, bills that I made up last January with penalties added on. I have never had any response and I don’t think Colleen ever had a response from them. Colleen Pierson – I know when I talked to them they were going to put a lien against it. George Senter - ………….(not using microphone)…but I know they got a large grant just recently, several hundred, thousand dollars. I don’t know what that means in relation to their payment of taxes. Supervisor Morey – Any questions? Louie, you and Don looked like you had some questions. Councilman Sovocool – I have no questions. Supervisor Morey – Tyke? Councilman Randall – Nope. Thanks. Supervisor Morey – Sheldon? All right. Anything else, Victoria? Attorney Monty – I did send you a sample copy or sample form for that cont…… Supervisor Morey – Dog enumeration? Yeah. You got April’s suggestions? Attorney Monty – I did. Supervisor Morey – Okay. And I was planning that you’d write the contract, approve it, give it to the Board for their approval for a September meeting. Yeah. Because I think we’re going to have to discuss that fee. Attorney Monty – Right. And it’s not clear to me, and I guess that’s because you all haven’t decided yet whether it will have to be redone completely or if we’re, you’re going to pick up…. Supervisor Morey – That will be part of the discussion. Attorney Monty – Right, there’s blanks to fill in. Supervisor Morey – Any questions? If not we’ll move on to Don. Councilman Donald Scheffler, as Recreation Coordinator – Recreation Committee met last th on August 5. Kim VanBenshoten came in and reported on the Village-wide Pizza Fest that’s th scheduled for September 13. She came in and talked to us a month or two ago and some of that’s going to happen in the Town Barn. Crystal Young reported on a lot of United Way grants that may be available to us and I’d like to commend Glenn for appointing her to that committee. She’s doing well at it. We had planned to talk about our fall programs but Marsha couldn’t attend the meeting. So, we don’t know what she’s planning for fall. Our summer programs have been a lot more successful than last year and we’ve made vast improvements in the operation of the pool with the different events that go on there. We’re getting a sign board to advertise events Town Board Minutes Page 11 August 12, 2003 and our summer concert series at the gazebo here, we’re averaging about a hundred at each concert, which is we think real well. And that’s all I have report on. Supervisor Morey – Okay, great. Any questions for Don? That’s great. If not, moving to number 6. Over the past several working days our legal council has been dedicated on working on trivial problem on whether the Town Clerk is required to write verbatim minutes of the Town Board Meetings. Other people have been involved, a Robert Freeman, Executive Director of the Committee of Open Government, who specializes in Open Meeting Laws and Lorrie Mithen, an attorney on the Association of Towns. This problem would not have been an issue if the Town Clerk had read the New York State Clerks Handbook which clearly states on page 23 the Town Board under it’s powers to determine its rules and procedures may require that some or all of the discussions taken place at a particular meeting be recorded verbatim. Further, if the Town Board has ordered that certain discussion be recorded verbatim or the entire meeting be so recorded, the Clerk must abide by that order. Emphasis added. If referred to Robert Freeman opinion, he says that section 63 of the Town Law states, in part, that a town board may determine the rule of procedure. I have checked with some of the local towns and found that Dryden requires verbatim minutes, while Caroline and Lansing require expansive meeting minutes. Last month prior to a resolution to require verbatim minutes we gave April an opportunity to write expansive minutes with the same quality of minutes you have been writing in the past. It appeared to the Board that your current recording of the minutes was summarizing the Board’s comments but writing the Town Clerk’s comments verbatim. It appeared to the Board that you were grandstanding your opinions. You refused to discuss or compromise on the content of the Town Board Meetings and you gave the Board no choice but to require verbatim minutes of the Town Board Meeting even after we tried to work with you on this matter. My biggest concern regarding you on this issue is that I receive note signed by you concerning your ability to take verbatim minutes and said you are right I will not compromise; I will not do this again. Are you trying to tell me that you will not do this or you’re not capable of doing verbatim minutes? April, it appears that you are trying to set policy for the Town of Groton. I refuse to be part of this. By the law, the paper copy is the legal record of the Town Meeting. Until the law changes, the Board decisions on Resolution 53, require verbatim minutes, stands as is. It’s time to stop petty differences and get back to the purpose that we are here which is to serve the community in a positive manner. Any comment? Louie? Don? Tyke? Councilman Randall – No. Supervisor Morey – Sheldon? If not, we’ll move on to M&T Investment Statement. Any questions on that? And page 3 shows the summary of where our funds are and how much we have as the market value. Any questions? Councilman Sovocool – I have none. Supervisor Morey – Don? Councilman Scheffler – Nope. Supervisor Morey – Tyke? Councilman Randall – Nope, all set. Supervisor Morey – All right. Sheldon? Town Board Minutes Page 12 August 12, 2003 Councilman Clark – All set. Announcements: Farm City Day – August 16, 11AM – 4PM at the Jerry Dell Farm in Dryden. McLean Community Council – September 17, 7:30PM Supervisor Morey – Oh, boy, forgot number 7, didn’t I? Change the date for the Board th Meeting. At number 10 I suggested Monday, September 8. Is that all right with everybody? th Councilman Scheffler – Monday, September 8? Supervisor Morey – Yeah. Louie? Councilman Sovocool – As far as I know. Supervisor Morey – Don? April? Clerk Scheffler – We have people in here for classes. I’m not sure what time yet. I haven’t talked to Lee yet to set up the times. Supervisor Morey – Okay, give her the date. Clerk Scheffler – Probably they will be done by then. ndth Supervisor Morey – Do you want to do it September 2? All right, September 8, Monday, th September 8? Councilman Scheffler – We can change it to 8:00 or something. Several people talking at once. Councilman Scheffler – Yeah, we could go in the other room and do the preliminaries. That would be all right. th Councilman Sovocool – September 8 then? RESOLUTION #59 – CHANGE DATE OF SEPTEMBER TOWN BOARD MEETING MOVED by Supervisor Morey, seconded by Councilman Randall Ayes - Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that the Town Board does hereby change the September meeting from September thth 9 to September 8 at 7:30 PM. Town Board Minutes Page 13 August 12, 2003 Supervisor Morey – And one other thing on the announcements, we did get a thank you note from Christy Walpole, so please read that when you see it. No other business? There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:10PM. Unanimous. April L. Scheffler Town Clerk