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HomeMy WebLinkAbout03-09-2004 TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING TUESDAY, MARCH 9, 2004 - 7:30 PM AT THE TOWN HALL, 101 CONGER BOULEVARD Those present: Glenn E. Morey, Supervisor Donald F. Scheffler, Councilman Sheldon C. Clark, Councilman Richard B. Gamel, Councilman Victoria Monty, Attorney for the Town Absent: Ellard L. Sovocool, Councilman Also present: Richard Case, George Senter, A.D. Dawson, John Norman, Bob Walpole, Peg Palmer, April Scheffler. MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the minutes of the February 10, 2004 meeting as presented. Ayes - Scheffler, Gamel, Clark, Morey. General Fund Claim Numbers 41-70 of the in the amount of $168,194.05 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Gamel, to approve the General Bills for payment. Ayes - Scheffler, Gamel, Clark, Morey. Highway Fund Claim Numbers 27-48 of the in the amount of $27,785.10 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Clark, to approve the Highway Bills for payment. Ayes - Scheffler, Gamel, Clark, Morey. Special Grant (HUD) Fund Claim Numbers 329-332 of the in the amount of $7,921.10 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Gamel, to approve the HUD bills for payment. Ayes - Scheffler, Gamel, Clark, Morey. Town Board Meeting Page 2 March 9, 2004 Privilege of the Floor: Bob Walpole spoke on the Bikes & Blues plans. Dates are July 10 & 11. All activities will take place on Conger Boulevard with a $5.00 admission per day. No alcohol will be served on Town or Village property. The parade will be around 6 o’clock on Saturday night with everything shut down by 8:00, locked and secured. Monthly updates will follow. Mr. Walpole remarked about the recent County Magistrates dinner where he had been presented with a plaque. He talked about how the Board, the other judges and his clerk had helped to make his job work and thanked the Board for the joint cooperation that makes all these jobs run effectively. Monthly Reports: Elizabeth Brennan, Bookkeeper – Absent. Submitted her monthly report and the Supervisor’s Annual Report. George R. Senter, Sr., Code/Fire Enforcement Officer – One building permit was issued for the month of February and 3 Certificates of Occupancy or Completion. A letter of violation had been sent to 924 Lick Street property. Mr. Senter presented a spreadsheet of the proposed new zoning fees and discussed them with the Board. Supervisor Morey asked if they were building on the Lick Street property and Mr. Senter said that they were not and that he told the owners that if they were to apply for a building permit he would want it to show structure, electric, heating and everything. He reminded the Board that we at one time had a court order to remove the building but that it had changed hands several times since then. Councilman Gamel remarked that he did not think it was a savable structure. RESOLUTION #34 – 2004 ZONING FEE SCHEDULE MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board does hereby approve the follow Zoning Fee Schedule for the year 2004: Building Permit Fee: $0 - $4000...…. $25.00 > $4000..…….$25.00 + $3.00 per $1000 over $4,000 Building Permit Renewals: ½ of the original fee and upon approval by zoning officer. Agricultural Buildings:........…...….. $ 25.00 Swimming Pool:………………….. $ 50.00 Wood Stove:………………………. $ 50.00 Shed:………………………………. $ 25.00 Application for Sign:........……....…. $ 25.00 Cellular Tower:.................…………. $ 2.50 Per $1000 of Construction Cost Demolition Permit:......…….........…. $ 25.00 Site Plan Review/Special Permit:...…. <2000 sq. ft. $100.00 >2000 sq. ft $250.00 Town Board Meeting Page 3 March 9, 2004 Junk Yard Annual Inspection:......….. $ 25.00 Subdivision - Minor:..……..........…. $ 30.00 + $20.00 Per Lot Major:.......…….......….. $ 50.00 + $20.00 Per Lot Rural:.........……....……$ 20.00 + $20.00 Per Lot Flag Lot……………….$ 30.00 Boundary Change:….. $ 25.00 Planned Unit Development:...….....…$200.00 Application for Variance:.....……...…$ 50.00 Flood Hazard Area Comb. District:... $ 40.00 Flood Zone Certification:..……...…. $ 10.00 Certificate of Conformance:..…...…. $ 40.00 Richard C. Case, Jr., Highway Superintendent – At the present time, the Highway Department’s equipment is still dedicated to snow and ice removal. With the temperature moderating a little, it has given us time to catch our breath and address necessary plow equipment repairs. The preventive maintenance program is on schedule and the shop is back in a more orderly condition. As far as the building goes, security lighting has been fixed. The roof over the middle section of the building had to have snow and ice removed. There has been some damage to the gutters but I think we can fix them when time and weather allow. The floor drains throughout the garage have been shoveled clean and the holding tanks have been pumped and examined. Roadways are starting to show frost damage as we speak. Coldpatch is being used to fill potholes when needed. The excavator has been equipped with the brushcutter and is being used when weather allows. The brushcutting on Sovocool Hill road has been completed and the men are cutting the larger trees at this time. th On February 24 all Highway Employees attended a safety meeting with the Village DPW at the Fire Station. This meeting was sponsored by PERMA, our workmen’s compensation provider. The subjects covered were: 1) Hazard Communication and “The Right to Know”. 2) Lockout- Tagout procedures for heavy equipment. 3) Rigging and lifting procedures for heavy equipment. 4) Chainsaw safety. This Seminar has been documented and placed in the employees’ files. I have received the money for the November 2003 accident involving truck #23. I am requesting a resolution placing the $4,132.18 in the equipment account DA5130.2. Supervisor Morey read a letter he had received commending the Highway Department for their snow removal efforts through the past winter. RESOLUTION #35 – DEPOSIT FUNDS IN HIGHWAY EQUIPMENT ACCOUNT MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Scheffler, Gamel, Clark, Morey RESOLVED , that the Town Board does hereby approve depositing the insurance check for the November 2003 accident involving Truck #23 into the Highway Equipment Account, DA5130.2. Town Board Meeting Page 4 March 9, 2004 April L. Scheffler, Town Clerk/Tax Collector – Submitted her monthly Town Clerk and Tax Collector reports for the Board’s review. She had given the Board the opinions of the New York State Health Department and the State Attorney General concerning same sex marriages and assured the Board that the laws would be followed. Victoria Monty, Attorney for Town – Had received copies of foreclosure papers concerning the sale of property that the Town had a diminishing lien against. There was no money left after foreclosure so the Town would not be receiving any money. A. D. Dawson and John Norman, Town Justices – Had submitted their monthly report for the Board’s review. Justice Dawson – Who’s in charge of printing the agenda? Alton’s not a judge now. We have a situation developing. Dick Exton is not well. We have 3 jury trials set up, 2 in April and 1 in May. Hopefully they will be taken care of by pleadings but if they don’t and they actually go to jury trials we are going to need the Court Officer and we wanted to know how you want to handle that situation. Dick won’t be physically able to do the job. Supervisor Morey – It’s a temporary job and you can hire anybody to do it. The last time we tried it was awful hard to get anybody. Do you know anybody? Justice Dawson – Not off hand. It’s something we may have to work through if it’s going to be just a temporary basis……. Clerk Scheffler – Are you going to have a constable, court officer or a bailiff? Justice Dawson – Court officer is what we really need. Supervisor Morey – Is that a Civil Service job that has to be….? Clerk Scheffler - No, the bailiff is Civil Service. Well, the bailiff, you have to take the test. Court officer is the same description but don’t have to take the test. A constable is supposed to do a whole lot more, which would be nice. Councilman Scheffler – What are the requirements of the court officer? Justice Dawson – Be breathing at time of appointment. Clerk Scheffler – I had it in my folder for a long time but I think I finally filed it. Supervisor Morey – Did we give him a uniform and everything? Justice Dawson – Usually not, no. Supervisor Morey – Basically all they do is walk the jury to the jury room….. Justice Dawson – They protect the jury, make sure nobody talks to the jury and stuff like that. They’re the liaison between the jury and the court during the trial. Town Board Meeting Page 5 March 9, 2004 Supervisor Morey – Then why don’t we get an ad in the paper for a temporary court officer….. Councilman Scheffler – Part time as needed. It was asked what the pay rate was. $10.50 was stated. Justice Dawson – What I might suggest, if there is an easy way to do this, is revisit what the pay would be and make the pay whatever the hourly pay would be for the Village officers because we might be able to get one of them to come in and do it for the same pay that they give over there. Supervisor Morey – What’s a Village officer, Dewey? Justice Dawson – I think they’re $11.75 or $12.00. Clerk Scheffler – I think you would have to establish that position because we don’t have it established, for court officer. Justice Dawson – Unfortunately I don’t think it’s one that we can do contractually either. Peg Palmer – You can’t hire an independent contractor? Justice Dawson – We could check with Dryden. They’ve gotten around it over there. Supervisor Morey – Independent contractor, you can hire for anything, Peg. Dewey, we’ve been doing this without and now you’re telling us that we should and you really don’t know what you want and, you know……. Justice Dawson – We haven’t been doing without. We had jury trials last year that were cancelled. Peg Palmer – We called Dick three times last year. We didn’t need him but we called him. Justice Dawson – And before that there were jury trials that he did work at so when it’s needed we do use him. Justice Norman – These may not go to jury trial. They may be resolved before trial. A lot of times they are resolved before trial but in the event that we do need one we have to be ready. Supervisor Morey – Right. In times past before we had this position the Village cop would come over and serve as the…….. Peg Palmer – In the Village Court, not the Town. Supervisor Morey – All right then we’ll advertise for a court officer. Clerk Scheffler – You need to establish the position first. You need a resolution to establish that position because we don’t have that position established with the County. They sent me the information on it because when Colleen was here you established the position of bailiff. Then last summer they called me from County Personnel and wanted to know if we ever hired somebody for that position because they were supposed to take the Civil Service exam. She sent me the Town Board Meeting Page 6 March 9, 2004 information on court officer, which is basically the same job description, but you don’t have to take the exam. Supervisor Morey - It’s part time, right? Clerk Scheffler – Yes. Justice Norman – As needed. We might not need one all year long. More discussion took place on the subject with Councilmen feeling that they should speak with thth Mr. Exton before advertising the position. The scheduled trials are for April 15, April 27 and th May 4. Councilman Scheffler – So if we get it done by the next meeting we’ll be all right. Clerk Scheffler – Not to advertise and hire somebody. Justice Norman – I’ll make a suggestion that we find out what the Village police officers are paid and maybe we could go that route since it’s an occasional job, and last year I don’t think we had a jury trial. That might be the better route to take instead of advertising for someone and then they don’t work for a year. Councilman Scheffler – Or contract with the police department to supply somebody. Could we do that? Contract with the Village for a policeman for the day? Because most people aren’t going to sit around for 2 or 3 years for a chance to make 10 dollars. Justice Norman – Exactly. Eventually, there is going to be a jury trial. Councilman Scheffler – And the guy we hire isn’t going to available that day. After further discussion it was agreed by the Board that the Supervisor would contact the Village about having Village policemen do the job as needed and see what can be worked out. Justice Dawson – I just want to be clear that you are going to be taking care of this. It won’t be John or I. Supervisor Morey – Yes. Councilman Donald Scheffler for Joint Recreation Committee: The Second Annual Groton th Winterfest was held February 28 at the Elementary School. We had a fantastic turnout and perfect weather. I’d like to thank the Town and Village Boards and especially the school for making this all possible. The school custodial staff and administration went above and beyond the call to make sure all the school facilities were open, available and working. I’d also like to thank the Recreation Committee for their vision and hard work and also the National Honor Society students who volunteered to help out wherever needed. Many of them signed up for a 1-hour shift and they ended up staying all day. There were also many local individuals and businesses that helped to make the day a success and I’d like to thank them also. Our Recreation Committee met nd for a regular meeting on March 2 and we’re currently finalizing the bands for the summer concert Town Board Meeting Page 7 March 9, 2004 series. And we’re already working on expanding Winterfest for next year. We had a lot of good ideas passed on to us just recently. RESOLUTION #36 – SET PUBLIC HEARINGS FOR 2004 SMALL CITIES PROGRAM MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board will hold a Public Hearing on the 2004 Small Cities Community Development Block Grant on Tuesday,. March 23, 2004 at 7:00 PM to focus on community needs and priorities and possible community improvement projects, and be it FURTHER RESOLVED, that the Town Board will hold a second Public Hearing on the 2004 Small Cities Program on Tuesday, March 30, 2004 at 7:00PM to focus on activities to be included in the 2004 Small Cities Application. RESOLUTION #37 – APPROVE HISTORIAN’S ATTENDANCE AT CONFERENCE MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Scheffler, Gamel, Clark, Morey RESOLVED , that the Town Board does hereby approve payment of expenses up to $550.00 for the Town Historian, Rosemarie Tucker, to attend the Spring 2004 Conference for the Association of Public Historians for New York State to be held April 18-21, 2004 at Silver Bay, New York. Margaret Palmer, Court Clerk – Before I give the report on the Association meeting I’d just like to give a little summary on the Association of Towns gathering. It was a pretty good one this year. They had a lot down there. The Clerks and Judges are housed and have their classes in the Sheraton so we don’t get as much mix with the other officials as we have in the past. We get to visit the exhibit hall on Sunday afternoon and if you don’t get all your goodies then you miss because you don’t have time to get back over. There was one issue that I was a little disappointed on and I think in the future it would be nice if the Town had a little more support for anybody who was interested in going to New York as far as, in particular, the transportation. I was left on my own to find my own transportation to New York and I called over to Lansing to see what they were doing over there and I found out there was a County bus going. The information had been sent to all of the Towns in December and it hadn’t been disseminated to the Town employees. Supervisor Morey – I never received it. Mrs. Palmer – Well, you got one. It’s probably sitting there somewhere on your desk. I’m not going to argue the point but it was sent to every Town and every Village in the County. They had a deadline of early January because they didn’t want to get a bus that was too large and they would have to pay too much for. I’d just like to make the suggestion that it would be nice to have a little support, for any official who’s thinking of going to New York in the future, from the Town itself in finding a way to get there rather than having to hitchhike. I met some very nice people from Dewitt, Clay and Lysander and we had a good time on the bus. Since I was the only one going the Town Board Meeting Page 8 March 9, 2004 Town appointed me as the delegate to the Annual Meeting and I would like to report on that meeting. I did put in everybody’s mailbox the copy of the information I received and the resolutions. As the duly designated voting delegate of the of the Town of Groton to the Annual Business Session of the Association of Towns of the State of New York, I respectfully submit the following report: The meeting was brought to order at 9:00 AM on Wednesday, February 18, 2004. The number of attendees was not determined at the meeting so is not available to report. Enclosed are the Statements of Cash Receipts and Disbursements for the Years ended December 31, 2003 and 2002, the 2004 Budget of the Association and the 2004 Resolutions. There was no discussion on the year-end report or the budget so there is nothing to report other than the reports themselves. A few of us found the auditor’s report interesting that they weren’t given the information to make an audit report but apparently it wasn’t enough to form a discussion on it. The resolutions comprised most of the meeting. The majority of the resolutions passed without discussion or dissension. There were a few, however, that generated considerable discussion. Resolution 8 generated the most discussion. I’d like to draw your attention to that, which is the disability benefits for police officers and firemen. There’s really two resolutions here, officers with disabilities injured on the job and paid disability out of the fund forever but they are still on the payroll, the roster, and they can’t be replaced because they are filling the spot, but they can’t work either. What the resolution was asking was for the State to declare them disabled and move them over into the General Municipal Law to cover their disability after 36 months so that their position can be filled by a healthy person. There was no problem with this. We could see that. But the second part of the resolution was to clarify that benefits be provided only when an injury occurs in the course of special work related to the heightened risk associated with law enforcement. What that is that they are trying to have only covered under disability for high-risk performances and the problem is determining what is high-risk. The main argument was it should be separated into two separate resolutions. As you can see, the vote was very close on this issue. We had to count the hands on that one, twice. It was 81 to 72. Resolution number 9, the discussion centered around the issue that it was time to stop establishing commissions and do something for Volunteer Firefighters and EMS Recruitment. That Resolution number 9 is to establish another commission to get strategies and programs to encourage and support volunteer participation. Most of them felt that enough of that had happened and we should do something rather than establishing another commission. Before I left for New York I asked what the Board’s position was on the resolutions and how I was supposed to vote. I was told to vote “yes” for all resolutions. It would have been a more meaningful experience for me as a delegate, or for any future delegate, to know why the Board is supporting or not supporting a certain resolution. As a result of the discussion on several of the resolutions a “no” vote seemed more appropriate. I wish to thank the Board for the opportunity of representing the Town of Groton at the Annual Meeting in New York. Supervisor Morey – Thank you Peg. Any questions for Peg? Councilman Gamel – Yeah, I do. Peg, just real quick, we told you to vote yes on all the resolutions? Did I…………? Town Board Meeting Page 9 March 9, 2004 Peg Palmer – I asked the Town Supervisor what the Town’s position was on the resolutions and he told me to vote yes. I assumed from that that the Board had reviewed all the resolutions and it was a yes vote for them all. Councilman Gamel – See how you are. Glenn? Supervisor Morey – Any other questions for Peg? RESOLUTION #38 - PROCLAIM APRIL AS FAIR HOUSING MONTH MOVED by Supervisor Morey, seconded by Councilman Scheffler. Ayes - Scheffler, Gamel, 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 2004 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 #39 – APPROVE 2004 CONTRACT FOR GROTON YOUTH COMMISSION MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board does hereby approve the 2004 contract between Town of Groton, the Village of Groton and Tompkins County for the Groton Youth Commission. RESOLUTION #40 – APPROVE 2004 CONTRACT FOR YOUTH SERVICES MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Scheffler, Gamel, Clark, Morey RESOLVED , that the Town Board does hereby approve the 2004 contract between the Town of Groton, the Village of Groton and Tompkins County for Youth Services. Town Board Meeting Page 10 March 9, 2004 RESOLUTION #41 – APPROVE SOFTWARE SUPPORT CONTRACT MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Scheffler, Gamel, Clark, Morey RESOLVED , that the Town Board does hereby approve the contract with Williamson Law Book Company for support of the software for Accounting, Payroll, Town Clerk and Tax Collection in the amount of $1,000.00. Announcements: Planning Board Meeting – March 18, 7:30 PM Municipal’s Officials Dinner Meeting, March 22 at 6:00 PM at Ichabod’s Boiled Dinner, March 14, 12-4 PM at the American Legion to Benefit the Groton Downtown Merchants Tompkins County Planning Comprehensive Presentation, April 20, 3:00 - 7:00 PM, Open House, 7:00 – 8:00 PM, Public Meeting. There being no further business, Councilman Gamel moved to adjourn, seconded by Councilman Scheffler, at 8:23 PM. Unanimous. April L. Scheffler Town Clerk