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HomeMy WebLinkAbout04-12-2005 TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING TUESDAY, APRIL 12, 2005 AT 7:30 PM THE TOWN HALL, 101 CONGER BOULEVARD Those present: Glenn E. Morey, Supervisor Ellard L. Sovocool, Councilman Donald F. Scheffler, Councilman Sheldon C. Clark, Councilman Richard B. Gamel, Councilman Fran Casullo, Attorney for the Town Also present: Dewey Dawson, Rick Case, Liz Brennan, Gary Coats, April Scheffler, Rosemarie Tucker, Joe Graham, John Lampman, Olivia Nellums MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the minutes of the March 8, 2005 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. General Fund Claim Numbers 88-136 of the in the amount of $23,349.70 were presented for audit. MOVED by Councilman Sovocool , seconded by Councilman Gamel, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Highway Fund Claim Numbers 39-58 of the in the amount of $15,017.73 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Privilege of the Floor: Joe Graham – In regards to Resolution 35 for health insurance for retirees, as I understand it you are going to pay 25% of other plans that retirees find. Supervisor Morey – It’s up to $110. Mr. Graham – Was any consideration given to doing that with current employees? Town Board Meeting Page 2 April 12, 2005 Supervisor Morey – No, it’s only retirees. Mr. Graham – Why is that? Supervisor Morey – It wasn’t the situation Joe. We never even thought about it, to be perfectly honest with you. Mr. Graham – Well, it is part of our contract, the resolution to pay 25% of the retirees, with 20 years service. I think we would appreciate having been asked. Supervisor Morey – I apologize. What we thought of was just for retirees and it was an immediate situation that we wanted to correct. Mr. Graham – I know that we’ve asked this in negotiations before and were told that we have the option of being on the Town insurance. I believe the retirees do to. They have the option of staying on or getting off. Supervisor Morey – That’s correct. They do. Mr. Graham – Why aren’t current employees given the same option, with compensation? Supervisor Morey – So, you want us to pay, as an employee right now…… Mr. Graham – That’s what you’re doing for the employees. Councilman Sovocool – Only paying $110 of it. Mr. Graham – But you’re paying up to 25% of what the Town is paying right now. Supervisor Morey – I don’t think that was included in your contract, Joe. Mr. Graham – Current employees are getting 75% paid for. So, if we find a better policy would the Town be willing to pick up, up to the current rate, 75% of what we find? Supervisor Morey – As it stands right now, no. Mr. Graham – Well, my feeling is that this should have been included in this resolution and I feel it should have more ….?... Supervisor Morey – Well, at one point in time, we never paid anything for retirees. They had to pay the full shot. So, that was a retiree’s benefit that we had. It had nothing to do with current employees and since this is a retirees’ benefit, that’s what we thought it was. We extended the retiree’s benefit because it was getting so costly for them to stay on the Town plan. Mr. Graham – It’s costly for the employees too. Supervisor Morey – I realize that but they have the opportunity to have paid 75% of the insurance plan. This was not part of your contract, Joe, and if you want to renegotiate your contract, we can do that in September like we usually do. Town Board Meeting Page 3 April 12, 2005 Mr. Graham – The retirement portion was in our contract and you changed it. Supervisor Morey – Okay, what you’re saying is that we extended the retirees’ insurance to them. That would have been covered. Any retiree who chooses that plan can get up to $110 a month, as a retiree. Mr. Graham – But you’re not going to offer it to current employees? Supervisor Morey – No. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk – Submitted the monthly report for the Board’s review, stated that the Annual Report for 2004 had been filed and asked for a resolution to transfer funds. RESOLUTION #05-036 – TRANSFER OF FUNDS – 2005 BUDGET MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2005 Budget transfer: General Fund Town Wide: From: Contingency A1990.4……………………$1,114.15 To: Insurance, Contractual A1910.4…………..1,114.15 Gary Coats, Code/Fire Enforcement Officer – It comes to about $549,000 worth of building permits that were issued in the month of March. There was just one Certificate of Occupancy issued for a small addition. I did send something off to Fran regarding something Glenn asked me about and I see it’s on the agenda a number 6. That became a problem as a result of an inspection the Labor Department did at the McLean Fire Department. The Labor Department has certain rules that they inspect anything that is a place of public assembly over 100 people. And they do that but they just kind of drop in and their requirements, there are a lot of things that I have problems with and are contrary to the code that I enforce. In this particular case, without getting real specific had to do with a range hood and fire suppression system over the stove. They didn’t have one. The Labor Department said they had to put one in….$27,000. Now, the code that I enforce, the IBC, realizes that these small churches that have kitchens in them, can’t afford $27,000. So, it’s a performance code, in-other-words if it’s there, it’s got to work. If I go out to West Groton Church and they’ve got a range suppression system there, it’s got to work, but I can’t sit there and say you’ve got to put in a $27,000 system in. That’s what the Labor Department did in the McLean Fire Department. So, Glenn got me involved and now Fran’s involved and we’re probably going to discuss that later on. Town Board Meeting Page 4 April 12, 2005 Notice of Violation: three were for junk vehicles; one was for an old refrigerator by the side of the road. I’ve been doing the places of public assembly this month and last month. They’re all done except for two. I want to thank you all for sending me to Rochester. They had some very good stuff there. And Lewis Thompson’s garage is about half done and what he has done is not going to fall down I believe. He’s ahead of schedule. He no longer retains Mr. Shapiro and Brian Butler, so we’re on our own now and he’s doing it according to the plans. Richard C. Case, Highway Superintendent – At the present time, the Highway Department has been forced to transfer some equipment from the winter operation to summer operations. thnd Normally we start this transition April 15. Prior to the heavy rain on April 2, the fellows had completely cleaned the floor drains in the entire building. The shop has received a complete scrubbing of walls, windows and tools. Lights have been repaired; floors have been degreased and de-asphalted. This is a good job done. Last week everyone was dedicated to storm water damage repair. This storm, although not devastating to the Town, did produce what I am estimating as a month to 1 ½ months additional work. As luck would have it, our grader was at Caterpillar for repairs last week when we needed it. With the excavator, loader, hand rakes and shovels, the Highway Employees had all the Town highway shoulders repaired to a passable level and a good start on the culvert pipe repairs by th Thursday, April 7. There are sections of highway that still are not 100%, but with good weather we will continue to work on them. Clark Street Extension, from Salt Road to Champlin Road and Cemetery Lane, from Stevens Road to about ½ mile west of the Bridge, is requiring some extensive ditching and culvert replacement. In conjunction with the repair work taking place, spring highway work has started. Before the end of this week, our goal is to have all hills and intersections broomed at least once. I don’t know if anyone noticed, but the Highway Crew had a good start on Old Stage Road trees and brush cutting, between Salt Road and Champlin Road. This is the prep work for the drainage and culvert repairs that was already planned for 2005. As I reported last month, PERMA, our workers compensation carrier, had done its annual evaluation. The Town scored 600 out of a possible 630 in our program evaluation rating. I think this is excellent and the employees are to be commended for this. The Tompkins County Municipal Drug and Alcohol consortium has switched companies. Energetix will now be conducting our NYSDOT substance abuse program as of April 15, 2005. Cheryl Nelson, from Tompkins County Highway has worked very hard to get this program up and running and is to be commended for her efforts. The snow and ice contract has been signed and will stay in place until September 30, 2006. Payment for 2005 will be $156,572 for 39.82 centerline road miles of County Highway. The Stevens Road Bridge project continues with weather permitting. Concrete pouring, the final stages of the headwalls has taken place. After next week we will be able to continue the Town’s portion of this project, which is the approaches and matching the grade of the bridge deck to the existing roadway. I received notice that the Groton City Bridge has been downgraded to a 16-ton load rating. Town Board Meeting Page 5 April 12, 2005 John Lampman, Jim Shurtleff and I met for the preliminary planning for Spring Street Bridge. I have filed with NYSOGS to participate in the 2005 de-icing salt contract. We were asked to file earlier than normal. I can only hope that results are in before September and budget time. The NYS Highway Superintendents have lobbied in Albany for the extension and expansion of the NYS Consolidated Highway Improvement Program (CHIPS). The present budget indicates that the program will stay intact for the next 4 years with very modest increases each year. I am happy the program has stayed intact but I still feel what the towns receive is a very insignificant amount compared to what is paid for highway use. A great deal is paid by fuel taxes, highway use taxes and other DOT charges. We should not have to beg for these funds which should be dedicated to the infrastructure. Councilman Gamel asked it there had been flood damage to the Stevens Road bridge project and Mr. Case said no. Supervisor Morey – I got a letter from a Jennifer McMasters about a mailbox. What’s going on there? Mr. Case – That’s been an ongoing problem. I had recommended to them that they move the mailbox back. My recommendation, and I try to keep in touch with Tony at the Post Office, that the mailbox be placed whenever possible, the front of the mailbox 17’ from the centerline of the road and from the bottom of the box, 42”. We went up and measured this box, after the letter, and like I said it’s been 3 years that I have been hearing from these people and I keep making this recommendation. The post is 12’ from the center of the road and this is one of the windiest sections of Cobb Street that you can possibly imagine. I have a rule that I’ve told these guys, you keep the center of the plow in the center of the road, particularly when you see a car coming at you. Consequently, they are plowing 15 feet so, 12 feet, by keeping the plow in the center of the road, is 3 foot into this mailbox post. Going back to the letter, I asked the operator if a confrontation took place and if the words were used that were in it. I have to take him at his word and will take his word. So, I’m going to write a letter to Jennifer, again, recommending that she move her mailbox back out of the suggested clearance of the plow and go from there. Mailboxes are in the right-of-way. We are not responsible for mailboxes; they are the landowner’s. Thusly, there have been lawsuits where people go and do such things as pour concrete pillars and other techniques, trying to keep the mailbox in place. If a car comes down through and hits that mailbox and it goes in the car or if any part of that post goes through the car and kills someone, it’s not the Town’s responsibility, it’s the homeowner’s responsibility. Thusly, moving this stuff back is a safety factor to everybody, not just the snowplow. Supervisor Morey – What disciplinary actions to we have for a Town employee to use Town equipment for harassment purposes. Mr. Case – Policy? We have no policy. Supervisor Morey – Is this harassment or….? Mr. Case – I don’t believe so. If it was, I would deal with it. Supervisor Morey – Any other questions? Town Board Meeting Page 6 April 12, 2005 Councilman Scheffler – I got the letter too. There’s several things in there I felt you could read two or three different ways, whichever way someone wants to take the letter. Councilman Sovocool – They should know they’re in the right-of-way, don’t they? Mr. Case – I’ve explained it to them for the last 3 years. This gentleman is in the fencing business; I don’t know if you saw the post. He set it there and this was after I recommended, sometimes you don’t have shoulder space to get the recommended 17 feet but he could at least get 15. He put it there so that we would swing out away from his driveway. Supervisor Morey – You will go up and see her? Mr. Case – Yeah, I’m going to write her a letter. One other thing, which will be coming up with John is sidewalks. I don’t think we have anything as far as sidewalks, a resolution on how the Town handles these. But if and when the Town does start getting sidewalks in our highway system, we should have a resolution taking our responsibility out of the maintenance and construction of them. I don’t know what the Village does but we don’t have the equipment or the manpower to start plowing sidewalks. Councilman Sovocool – Shouldn’t have to; it’s the homeowners. Mr. Case – It’s in the Highway Law that if there isn’t a resolution that it’s our responsibility. RESOLUTION #05-037 – ERIC SATTERLY PROMOTION TO MOTOR EQUIPMENT OPERATOR MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the promotion of Eric Satterly to Motor Equipment Operator with his pay raised to the MEO scale of $14.50 effective April 12, 2005. RESOLUTION #05-038 – HIGHWAY SUPERINTENDENT TO ATTEND HIGHWAY SCHOOL MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves payment of expenses for the Highway Superintendent, Richard C. Case, Jr., to attend the New York State Association of Towns Highway School to be held in June at Ithaca College. April L. Scheffler, Town Clerk/Tax Collector – Submitted her monthly Town Clerk and Tax Collector reports for the Board’s review. Clerk said that she was still looking for a dog Town Board Meeting Page 7 April 12, 2005 enumerator and asked that the Board decide whether or not they would require a contract with the person and how the person would be paid. After some discussion the Board decided that the enumerator would pay according to the regular 2-week pay periods for employees and that they would like to have a contract similar to the one used by the Town of Dryden for their enumeration. Francis Casullo, Attorney for the Town – Did not have anything to report. He did however advise the Board that the check that was going to be written for the approved voucher for the previous dog enumeration in the amount of $1,000 be marked “paid in full.” A. D. Dawson and John Norman, Town Justices – Submitted their monthly report for the Board’s review. Councilman Scheffler, as Recreation Coordinator – The Joint Town and Village Recreation Committee met April 5, 2005. Monica Dykeman, from the Groton Youth Commission, gave a thth presentation about their summer day camp being held July 5 – August 12. They are looking for businesses or individuals to sponsor kids to attend the camp and also high school or college th age individuals to work as councilors. The Skate Park is opening April 15. The summer concert series dates and bands are set to go at the gazebo across the street and our thanks to the High School this year for offering the auditorium for rain dates. Mike Moleno is working on a recreation website for the school and has a bunch of kids working on it. John Lampman, Tompkins County Highway Department – Brought drawings to explain the Mclean Road Project showing road reconstruction from the Peruville Road intersection and going out of the hamlet; the intersections, crosswalks and sidewalks; modified curbing on Steven Road and Gulf Hill Road to provide adequate parking; and a cross-section of the new bridge. The new bridge will be about 5 feet wider and about 14 feet longer to try to alleviate flooding concerns. During the bridge work there will be one lane traffic and a pedestrian bridge installed on the upstream side. The school district has asked for a 15 minute parking zone in front where it is currently a “no parking” zone, which had been established by Town Board resolution. Attorney Casullo said that if it had been established by local law then the law would have to be amended. Clerk Scheffler said that she had researched it and had not found a local law, only a resolution dated for November of 1996. Mr. Lampman said that extended sidewalks had been discussed. The estimated cost of this would be $56,556 with the Town’s cost being 5% of that. Mr. Lampman also talked about the Spring Street Bridge and its need for replacement. He was not sure if it would be replaced this year but hoped that it could be bid this year so that money could be set aside for it. Estimated cost is in the neighborhood of $400,000. Bridges in villages are still the responsibility of the town but since the County has assumed responsibility of bridges on Town roads they feel that they must also assume responsibility for town bridges on Village streets. What normally has been done is to work with the towns to replace bridges with the County paying 80% and towns paying 20%. It would be up to the Town and Village to agree on how that 20% is funded, which would be around $80,000 for this project. Town Board Meeting Page 8 April 12, 2005 Rosemarie Tucker, Town Historian – Announced that she was appointing Dewey Dawson as her deputy, a non-paying position that would not be a conflict of interest with his duties as Town Justice. She also announced that she had been asked to write a history of the Groton Bank for th their 150 anniversary, which will be a ten year project. The bank is supplying her with a laptop computer for the project. RESOLUTION #05-039 – APPROVE APPOINTMENT OF DEPUTY TOWN HISTORIAN MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the appointment of Dewey Dawson as Deputy Town Historian. Attorney Casullo advised that the Board table a proposed resolution for the Town of Groton to Assume Responsibility for Enforcing of Article 17 of the Labor Law for the inspection of Places of Public Assembly. He felt that some more information and a better understanding were needed so that everything was done in the proper way and everybody is on the same page. Consensus of the Board was to table until next month. RESOLUTION #05-040 – COURT CLERK TO ATTEND USER GROUP TRAINING MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the paying of expenses for the Court Clerk, , Peg Palmer, to attend User Group Meeting on May 122005, at Whitney Point, New York. RESOLUTION #05-041 – HIRE SUMMER YOUTH WORKERS MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the hiring of three summer youth workers at minimum wage. Town Board Meeting Page 9 April 12, 2005 RESOLUTION #05-042 – APPOINT LOCAL ADVISORY BOARD OF ASSESSMENT REVIEW MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby appoints, Tom Guihan, Jean Morey, Fran Sovocool, and Jack Miller to the Local Advisory Board of Assessment Review. RESOLUTION #05-043 – SET DATE FOR BOARD OF ASSESSMENT REVIEW DAY MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby sets the Board of Assessment Review Day as Thursday, May 12, 2005 a from 3:00PM to 6:00PM. RESOLUTION #05-044 – APPROVE CONTRACT FOR REMOVAL OF ICE AND SNOW ON TOMPKINS COUNTY ROADS MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED , that the Town Board hereby approves the 2005 contract for the removal of ice and snow on Tompkins County roads within the Town of Groton. RESOLUTION #05-045 – APPROVE CONTRACT FOR TOMPKINS COUNTY CONSORTIUM FOR DRUG AND ALCOHOL TESTING MOVED by Supervisor Morey, seconded by Councilman Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the 2005 contract for the Tompkins County Consortium for Drug and Alcohol Testing with Energetix. RESOLUTION #05-046 – SCHEDULE SPRING CLEAN-UP MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Town Board Meeting Page 10 April 12, 2005 RESOLVED , that the Town Board hereby approves the scheduling of the spring trash clean-up day to be co-sponsored with the Village of Groton on May 14, 2005. Announcements: st Planning Board Meeting - April 21, 7:30PM th Tompkins County Magistrates Association Dinner – April 15 at Lucatelli’s rd GBA Spring Banquet – April 23, 6:00PM, McLean Fire Hall Thank you from Groton Bank for use of chairs for their annual meeting First National Bank of Groton has earned 5-Star Rating by Bower Financial Incorporated There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:25PM. Unanimous. April L. Scheffler, RMC Town Clerk