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HomeMy WebLinkAbout06-14-2005 TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING TUESDAY, JUNE 14, 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 Victoria Monty, Attorney for the Town Also present: Tena McClary, Tyke Randall, Julie Graham, Joe Graham, Frank Satterly, Richard Case, Gary Coats, Liz Brennan, April Scheffler, MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the minutes of the May 10, 2005 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. General Fund Claim Numbers 167-204 of the in the amount of $24,158.64 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 76-99 of the in the amount of $156,576.88 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman , to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk – Submitted monthly report for the Board’s review and asked for a transfer of funds to cover the cleaner’s salary with the intention that it will cover most of the rest of the year. Town Board Minutes Page 2 June 14, 2005 RESOLUTION #05-059 – 2005 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following transfer of funds: General Fund – Town Wide: From: Contingency A1990.4………………….$3,000.00 To: Buildings, Pers. Serv. A1620.1……….…3.000.00 Gary Coats, Code/Fire Enforcement Officer – Presented monthly report for Board’s review. Building Permits issued totaled about $260,000.00 and Certificates of Occupancy totaled about $240,000.00. All inspections are up to date. The cell tower has not gone forward because the Indians have been doing a more thorough dig for artifacts and they are awaiting the report on that. The other thing I have is the update on the Lewis Thompson garage, the one that we did back in February. There is a final report that I wrote at the end of the 90-day period. I’ve talked to Vicki about it and made my suggestion. This not a pretty garage but there are about four things left to do that he said he was going to do. One was the concrete work. He called me last Saturday and asked what strength of concrete he needed and bought 100 bags of concrete and is going to mix it by hand. That was a big thing that he needed to do under the 90 days. He is going to paint it all one color, put some soffit up and he got the electrical inspection. My suggestion is that all these items are agreed with Mr. Thompson to do and I would think another 60 days would do it. He’s had 90 days to do what he’s done so far and I’ve been up there 20 or 30 times and some days it was just freezing and he was out there working. He even said to me last week that his wife thanks the Board for taking the action that they did when she looks back on it. In these types of cases it’s usually normal for the builder and the Code Enforcement Officer to be at odds and he’s done everything I have asked him to and been cordial. So, I have no objection to suggesting that we give him 60 more days. Supervisor Morey – What assurances do we have that he is going to complete in 60 days? Mr. Coats – We have none. He told me that he would and having worked with him for 90 days, I believe he will. Supervisor Morey – What consequences do we have if he doesn’t? Mr. Coats – You can order him to tear it down. But when Fran was here he talked to his attorney, Mr. Shapiro. Mr. Shapiro said there’s not a judge in the world, that if he’s done 90% of what you’ve asked him to do in a 90-day period, would have that building torn down when he’s played by the game so well and so long. I think it’s kind of, just keep on working with him. Councilman Gamel – Are the four things left an issue of safety? Mr. Coats – No. Town Board Minutes Page 3 June 14, 2005 Councilman Gamel – Then my personal opinion is that it isn’t an issue. Mr. Coats – They’re all cosmetic. The electrical inspection was, but he did that. The concrete work, maybe we could make that a safety issue, but the building is not going to fall down. But he’s got the concrete on site and he’s got a couple buddies to help him do it. I told him the Board would not look favorably upon it if it wasn’t done and he said he just didn’t have the money. You know, he spent $6,000 for his attorney and his architect. I can understand how he ran out of money. But he dug the ditch and he has bought the concrete. The other is the painting of the outside and that was just an agreement he and I had. Supervisor Morey – Is he a man of his word? Mr. Coats – So far he has been, and I mean on everything. Councilman Sovocool – It’s not pretty, but I’ll go along with it. Councilman Scheffler – I’d say as long as he’s given a good faith effort that we should give him an extension. Gary is vouching for him; we should back Gary and get it done. Councilman Gamel – It’s not an issue of prettiness; it never was. It was a safety issue and he’s got that taken care of. RESOLUTION #05-060 – 60-DAY EXTENSION FOR COMPLETION OF LEWIS THOMPSON SHED/GARAGE MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves a 60-day extension for completion of the shed/garage of Lewis Thompson, 424 Smith Road. Said completion date shall be July 15, 2005, which is 60 days from the original agreed to completion date. All other terms and conditions of the original resolution shall remain the same. Richard C. Case, Jr., Highway Superintendent – At the present time, the Highway Department is dedicated to summer work. The paving projects that have been completed at this time include Clark Street and Champlin Road. Shoulders will be applied when a machine can be borrowed. Just for a note, I am still researching the purchase of a shoulder machine as we discussed and budgeted for in 2005. The New York State bid dump body approved for purchase last month is ordered and I am expecting to hear from the engineer for mounting specifications any day. The Town and Village Boards’ clean-up day went off without any problems. Peter Carr and Jack Conger managed the transfer area with support from both Town and Village crews. All should be commended for a job well done. The Stevens Road Bridge project is still progressing. The majority of the bank-run gravel has been put in place on the approaches. The drainage work is being done in connection with the Town Board Minutes Page 4 June 14, 2005 roadway work. Tompkins County is waiting for delivery of steel endams. As soon as they are received they will be welded in place allowing paving to begin. Both the County bridge crew and our Highway crew are building a good example of what can be done with municipal cooperation. Michael McCarthy, from NYS DOT, has reported to me that the Town of Groton is eligible to receive $72,282.85 from the NYS CHIPS Program. The good news is that this is $2,464.85 more than we had budgeted to receive in 2005. The increase is nice and greatly appreciated but very insignificant to the monies collected for highway use in New York State. I have given Glenn and Liz this information and with the majority of the paving being completed, we can apply for reimbursement. I have two personnel issues. Randy Crispell has been employed as our mechanic for the last three months and has proven to be very knowledgeable and is getting along real well and I would like to get a 50-cent raise for him. Second of all, Joe Graham, is 50 years old today and should be congratulated. RESOLUTION #05-061 – RAISE FOR RANDY CRISPELL MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves a 50-cent per hour raise for Randy Crispell, effective Monday, June 20, 2005. Supervisor Morey read a thank you letter that was sent to Rick Case from the Walpole Family, expressing their gratitude for the work done on Walpole Road following the storm damage and for putting out the “Old Brockway” on the day of John Walpole’s funeral. April L. Scheffler, Town Clerk/Tax Collector – Submitted her monthly reports for the Board’s review. She gave a report from the Old Home Days Committee and said that some of the possible plans for the Town Hall and parking lot may include a showing from the Corvette Club, a Star Wars exhibit, the SPCA, and a dinosaur or paleontology exhibit. The Enumerator has started. We had a few problems starting out but I think we’re getting them straightened out. I gave you a copy of the contract and we need something from you giving Glenn the authority to sign the contract. Clerk Scheffler explained some of the problems they were experiencing with dog owners. She read the dog law, which states that any dog identified as unlicensed during an enumeration shall pay a fee of five dollars (State surcharge) and asked the Board for a resolution stating that the enumeration begins May 27 through September 30 so that there is a definite time for identifying the unlicensed dogs and support what the Clerk’s Office is doing. Councilmen Scheffler and Gamel asked what she would do about a person who honestly gets a new dog and just comes in to license it. Clerk Scheffler said that they would make a judgment call on cases like that Town Board Minutes Page 5 June 14, 2005 Supervisor Morey – It’s black and white, yes or no. We have to count the dogs. I don’t really care about the 2 dollars or 5 dollars or whatever it is. Several Board Members agreed and said that they didn’t care about the 5 dollars and that they didn’t want to anger people and that it should be black and white. Clerk Scheffler said that it was black and white because the law says any dog identified as unlicensed during an enumeration. Supervisor Morey – Is anyone going to make a motion? Let’s move on. RESOLUTION #05-062 – APPROVE CONTRACT FOR DOG ENUMERATOR MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the contract with Charles Estey for Dog Enumeration through September 30, 2005. Clerk Scheffler – Back in 2002 I made a request that the Town Board appoint me as marriage officer. I was denied the request at that time but somebody on the Board said to bring it up at a later date, so that’s what I’m doing tonight. I’ve had a few special people ask me about it lately and that’s why I’ve decided to bring it up again. This is not something that I intend to advertise or push. It is just something that I would like to be able to do if the opportunity comes up. Unlike the judges, I could only do it within the Town of Groton. There would be no cost to the Town. I have the information that I gave you before. I haven’t had a chance to talk to John, but I did talk to Dewey and there is a letter from him. It’s allowed by New York State Public Relations Law. Basically all that is required is a resolution from you. Discussion was table until after the public hearing. PUBLIC HEARING #1 - PROPOSED LOCAL LAW #1 FOR THE YEAR 2005 Motion was made by Supervisor Morey to open Public Hearing #1, seconded by Councilman Sovocool, at 8:00 PM. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Purpose of the Public Hearing was for public review of Proposed Local Law #1 for the Year 2005 regarding the changing of the term of Town Supervisor for the Town of Groton from a 2- year term to a 4-year term beginning in the Year 2006 which Town Law is subject to mandatory referendum pursuant to the Municipal Home Rule Law of New York State. Clerk Scheffler read the public notice that was published in the Groton Independent on June 8, 2005. Included in the notice were Public Hearing #1, Public Hearing #2 and Public Hearing #3. Supervisor Morey asked if there was any comment from the Board, attorney or public. Town Board Minutes Page 6 June 14, 2005 Frank Satterly – I think it’s a great idea. It should have been done a long time ago. Duane Randall – As far as when I was on the Board, two years, there’s a learning curve there. It’s not so important for you guys who are incumbents, it’s not necessarily so important but with someone new coming in I think it’s good because it gives them some stability….and time to learn the job…. (not using microphone). Motion was made by Supervisor Morey to close Public Hearing #1, seconded by Councilman Scheffler, at 8:07 PM Ayes - Sovocool, Scheffler, Gamel, Clark, Morey PUBLIC HEARING #2 - PROPOSED LOCAL LAW #2 FOR THE YEAR 2005 Motion was made by Supervisor Morey to open Public Hearing #2, seconded by Councilman Scheffler, at 8:07 PM. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey There were not comments. Motion was made by Supervisor Morey to close Public Hearing #2, seconded by Councilman Scheffler, at 8:08 PM Ayes - Sovocool, Scheffler, Gamel, Clark, Morey PUBLIC HEARING #3 - PROPOSED LOCAL LAW #3 FOR THE YEAR 2005 Motion was made by Supervisor Morey to close Public Hearing #3, seconded by Councilman Gamel, at 8:08 PM Ayes - Sovocool, Scheffler, Gamel, Clark, Morey There were not comments. Motion was made by Supervisor Morey to close Public Hearing #3, seconded by Councilman Sovocool, at 8:08 PM Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RETURN TO REGULAR SESSION Supervisor Morey – A couple things about the marriage officer, I’d really like to know what counsel’s view is on this and what other counties do. I’d also like to know what John Norman’s views are. Councilman Gamel wondered if there was a need for this or if there was a liability for the Town. Supervisor Morey wondered if there was a conflict of interest to issue the license and then marry Town Board Minutes Page 7 June 14, 2005 the people and how many town clerks do this. Consensus of the Board was that they would like more information and also to hear what John Norman had to say. Victoria Monty, Attorney for the Town – There is a matter that I need to check on with Fran relative to you question early, on Diversified. I will look into this last matter we discussed. A. D. Dawson & John Norman, Town Justices – Submitted their monthly reports for the Board’s review. Councilman Scheffler, as Recreation Coordinator – Our summer programs are in full swing. We’re working on some short programs for the seniors for the fall. I attended the Comprehensive Plan meeting the other night and there’s a lot in the Comprehensive Plan about recreation. It seems like we’re on the right track and I’m going to go over some of this stuff with our committee to see if they have any comments on the Comprehensive Plan. We’re also planning an outdoor movie in the next month or two. It’ll be like a drive-in but it’s going to be a walk-in movie and probably bring your own picnic and possibly a band. It will be free and probably behind the High School somewhere. RESOLUTION #05-063 – APPROVE PROPOSED LOCAL LAW #1 FOR THE YEAR 2005 MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board approves the Proposed Local Law #1 for the Year 2005, extending the Town Supervisor’s term of office from 2 years to 4 years. RESOLUTION #05-064 – APPROVE PROPOSED LOCAL LAW #2 FOR THE YEAR 2005 MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board approves the Proposed Local Law #2 for the Year 2005, extending the Town Highway Superintendent’s term of office from 2 years to 4 years. RESOLUTION #05-065 – APPROVE PROPOSED LOCAL LAW #3 FOR THE YEAR 2005 MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board approves the Proposed Local Law #3 for the Year 2005, extending the Town Clerk’s term of office from 2 years to 4 years. Town Board Minutes Page 8 June 14, 2005 Supervisor Morey had received a letter from Julie Graham, treasurer of the McLean Community Council telling about an event scheduled for Saturday, July 30 called “Happenin’ in the Hamlet.” There will be a softball tournament, food, activities, fun, a block dance and fireworks. They were looking for a donation for fireworks. RESOLUTION #05-066 – DONATE TO MCLEAN FIREWORKS MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby donates $200.00 to the McLean Community Council for the event to be held July 30, 2005. Money to be taken from Celebrations A7550.4. th Supervisor Morey asked about the 5 election district that had been created by the Board of Elections and whether a resolution needed to be made. Councilman Sovocool said that they didn’t need a resolution if it had already been done. Clerk Scheffler explained that she had talked with Steve DeWitt and Elizabeth Cree from the Board of Elections and Mr. DeWitt had apologized for moving on this without consulting the Town Board. She felt that it was something that probably needed to be done but was just done in the wrong way and that it was an unfortunate event that everyone should consider learning experience. She thought that it had been worked out. Announcements: Planning Board – June 16, 7:30 PM Teresa Robinson named Citizen of the Year by the Tompkins County Office of the Aging for her many years of service Elizabeth Doppel named for Outstanding Contribution by a Senior Citizen by Tompkins County Office of the Aging for her commitment to volunteering at St. Anthony’s Church Thank you note from family of John Walpole for flowers Tompkins County Municipal Officials Meeting – June 21 at the Icabod at 7:00PM Groton Business Association – June 22 at the Elm Tree at 6:30 PM – speaker is Jackie Kippola on Tompkins County grants to the community Thank you from Sally Devlen and the Beautification Committee for flags Next Board Meeting – July 12 There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:25PM. Unanimous. April L. Scheffler, RMC Town Clerk