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HomeMy WebLinkAbout2016-02-09TOWN OF GROTON — MINUTES OF TOWN BOARD MEETING TUESDAY, FEBRUARY 9, 2016 AT 7:30 PM THE TOWN HALL, 101 CONGER BOULEVARD Those present: Donald F. Scheffler, Supervisor Ellard L. Sovocool, Councilperson Kelly Smith, Councilperson Randy N. Jackson, Councilperson Sheldon C. Clark, Councilperson Victoria Monty, Attorney for the Town Also present: Bob Walpole, Rick Fritz, Morey, Rosemarie Tucker, Rankin, April Scheffler. Ed Neuhauser, Lance Coit, Jamie Babcock, Glenn Dan Carey, Sam Cargian, Robin Cargian, Charles MOVED by Councilperson Clark, seconded by Councilperson Smith, to approve the minutes of the, January 12, 2016 meeting as presented. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler. Vouchers for the General Fund in the amount of $ 59,062.78 were presented for audit. MOVED by Councilperson Smith, seconded by Councilperson Sovocool, to approve the General Bills for payment. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler. Vouchers for the Highway Fund in the amount of $3 8,197.42 were presented for audit. MOVED by Supervisor Scheffler, seconded by Councilperson Jackson, to approve the Highway Bills for payment. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler. Vouchers for the Community Development Block Grant (CDBG) Fund in the amount of $10,792.50 were presented for audit. MOVED by Councilperson Smith, seconded by Councilperson Sovocool, to approve the CDBG Bills for payment. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler A voucher for the Groton Fire Protection District Fund in the amount of $29,375.00 was presented for audit. MOVED by Councilperson Smith, seconded by Councilperson Sovocool, to approve the Groton Fire Protection District Bill for payment. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Town Board Minutes Page 2 February 9, 2016 Monthly Reports: Charles Rankin, Bookkeeper - Submitted monthly reports for the Board's review and had nothing else to report. W. Rick Fritz, Code/Fire Enforcement Officer - Submitted monthly reports for the Board's review. Life Safety Inspections have begun and many places need updates that are going to take some time and patience. He and Robin are working on new checklists for the life safety inspections on the rental properties. Some of the CDBG Grant work has been done and there was never a Certificate of Completion or Certificate of Occupancy issued and they're paid in full. We have some problems with that because some of the work is not done to Code. The Board asked how he was going to remedy that and he said that he didn't know how to remedy that since they are already paid in full. Mr. Fritz suggested that no more final payments be made until they get a Certificate of Completion or Occupancy first. There was one complaint that he went out on and it won't be long before the new roof leaks. They are supposed to apply for a permit and follow the rules and regulations to get a building permit, but they didn't. We ask them for Workers' Comp insurance and they say we are the only Town that does that, which is untrue, so the application becomes incomplete and they just go ahead and do the job without the permit. They want us to sign off on it, but we can't do that without getting the Town in trouble. Supervisor Scheffler - Said he would talk to Thoma about this. Mr. Fritz - Said there was one contractor that he went to, and some contractors don't know what the new Codes are. He wants to work with them so they know how to build to Code. These contractors were building a deck that Mr. Fritz was not happy with but after explaining it to them, they had no problem with doing it right, they just needed direction. There was no direction before and the contractors in our area should have been updated years ago on the new Codes, so it's going to take some time and work to get these guys up to compliance. In the meantime he wants to make sure that he gets to look at the CDBG projects. The McLean Fire District wants to get on the Planning Board agenda for a Site Plan Review and SEAR. Mr. Fritz feels that a little better communication is needed between the Town and the McLean Fire District and their consultant/engineer. Councilperson Clark said that if Mr. Fritz needed anything to let the Board know. Mr. Fritz said that the people in the Town of Groton are great people and they just need to be treated right. There is a lot of animosity out there from history but when they see who you are and that you want to work with them, they are okay. Councilperson Clark asked what Mr. Fritz had meant by a lot of updates needed. Mr. Fritz said that there are updates on the rental properties that should have been done years ago and they should not have passed their previous inspections. So, now we have some that didn't pass and we can't just go with a huge list of stuff that they have to do all at once and overwhelm them. He plans on working on it over time, asking them to do certain things each year, and the landlords seem to be happy about that. The Fire Hall and Church in McLean had a few problems that they were more than willing to fix and are happy that they are going to be safe. That's what people were looking for, is someone to work with them and they are happy to do it. RESOLUTION #16-017 - WITHHOLD FINAL PAYMENT ON CDBG HOUSING GRANT PROJECTS MOVED by Supervisor Scheffler, seconded by Councilperson Smith RESOLVED, that the Town Board will, from this point forward, withhold final payment on the CDBG Housing Grant projects until all paperwork is completed, any required building permits have been applied for and issued, and any Certificates of Completion or Certificates of Occupancy have been issued. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Nays - Resolution Passed Town Board Minutes Page 3 February 9, 2016 Richard C. Case, Jr., Highway Superintendent - Was not present. April L. Scheffler, RMC, Town Clerk/Tax Collector - Submitted monthly reports for the Board's review. Tax collection has slowed down now that we are in February and first installments go to the County on Thursday. The warrant to the Supervisor has been satisfied and money collected now gets paid over to the County. She is starting to work on a Celebrations Grant from Tompkins County for the Verne Morton Memorial Photography Show and would like the support of the Board to move forward on that. The Deputy Clerk, Robin Cargian, had been to a meeting on a proposed shared services grant with Tompkins County for building permit software. Robin Cargian, Deputy Clerk - The Tompkins County IT Department is going to apply for a shared services grant to provide building permit software through Accela to the other municipalities. The records will still be ours and we determine who would get to see them and when. The Clerks had previously looked at 4 different software programs: Accela, which Dryden has and cost them about $30,000; Municity, which is about $10,000; Williams Law, which was $5,000 with a $1,000 annual fee; and WAG, which was $4,500 and was web based and we didn't really like that. Going with the County, the grant will pay for our licenses and the first two years of annual fees, after which we will pay about $800 a year. Accela will have mobile capability. The Code Enforcement Office will be able to do everything from the field including uploading pictures. If after the first two years, we are not happy with the program, we can pull out and the records are still ours. RESOLUTION #16-018 - SUPPORT SHARED SERVICES GRANT FOR BUILDING PERMIT SOFTWARE MOVED by Supervisor Scheffler, seconded by Councilperson Jackson WHEREAS, Tompkins County intends to apply for funding through the New York State Consolidated Funding Application (CFA) for monies to initiate a new project focused on Building Code and Permitting processes and the records management thereof; increasing efficiencies in local services; and data/records collaboration through a shared services model; and the support of the related records management system, and WHEREAS, the Groton Town Board has supported Tompkins County in previous funding applications and looks forward to future opportunities for new shared services initiatives and inter -municipal cooperation which result in savings for its constituents, and WHEREAS, the Groton Town Board anticipates cooperating with and joining in future shared services offered and/or supported by Tompkins County whenever feasible, now therefore be it RESOLVED, that the Groton Town Board does hereby fully support Tompkins County in its pursuit and application for funding for shared services through a Local Government Efficiency Grant. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Nays - Resolution Passed The Board discussed the Celebrations grant that the Town Clerk is applying for and the consensus of the Board was that they supported the grant application and that the Town Clerk should proceed. Victoria Monty, Attorney for the Town - Had nothing to report. John J. Norman and A. D. Dawson, Town Justices - Were not present but had submitted reports for the Board's review. Town Board Minutes Page 4 February 9, 2016 Councilperson Kelly Smith as Representative to Joint Youth Program - Winter sports are going well. Youth wrestling has a low enrollment, so they've been practicing with the Dryden team, switching out schools to practice in. Zumba is still going strong, averaging about 50 people a night. Cabin Fever Festival is March 5th. There's going to be a roller skating party; lots of stuff in the High School in the afternoon; on the 4th, "Lucy's Hooch" is playing at the Legion and also a chicken barbeque; and we are going ahead with having "Shred -It" there. We are going to do with the recreation needs assessment with the SUNY students and Jennifer Jones and a few of us will meet with them next week to put together the survey. We're going to start with 12-18 year old assessments. Glenn Morey, County Legislator - Tomorrow I start on the Transportation Committee, it's our first meeting. This is a new committee that will be looking into transportation needs in the next couple years: roads, airports, trains, etc. There's a lot of money in the Federal Government and we need to be prepared for the future. Councilperson Clark - Will you apply for grants? Mr. Morey - We will, after what we identify what we need. This is the starting point of realizing what we need. Privilege of the Floor: Jamie Babcock, Fire Chief & Lance Coit, Deputy Fire Chief - Were there with their annual report of the Fire Department and Ambulance activities for 2015. There were 152 Fire related calls and 670 ambulance calls for a total of 822 calls. They let the Board know that they were okay with the contracts for 2016, but that their attorney has a few small changes that he wants to make and the Board should have that soon. They have hired one part-time EMS person and are in the process of trying to hire a third full- time person. We've been covering the calls pretty well. Rosemarie Tucker, Town Historian - Was present to present her 2015 Annual Report to the Board. She also sent it to the Tompkins County Historian to present to the County Legislators, and to the Acting New York State Historian, as required. 2017 is the Bicentennial for the County and the Town of Groton. If you have any ideas for a Town celebration, please let April and me know. I am grateful to each of you for your continued support. Discussion took place on establishing a capital reserve fund to badly needed replacement of the roof on the town building/highway garage. The Town has a CD for $110,000.00 plus whatever interest it has earned coming to maturity soon, plus $20,000.00 that was set aside in the budget and Supervisor Scheffler proposed that the Board use this money to set up a capital reserve fund so that money could be added to it each year towards the project. A general estimate for the roof was $200,000.00 **PLEASE TAKE NOTE: The following resolution was rescinded later in this meeting by Res #16-024 RESOLUTION #16-019 - ESTABLISH BUILDING REPAIR RESERVE FUND MOVED by Supervisor Scheffler, seconded by Councilperson Smith RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, the Town Board of the Town of Groton hereby establishes a capital reserve fund to be known as the "Town Building Maintenance and Repair Reserve Fund" (hereinafter "Reserve Fund"). The purpose of this Reserve Fund is to accumulate the moneys to finance the cost of a type of capital improvement. The type of capital improvement to be financed from the Reserve Fund is major repairs to the Town Building that houses the Town Hall and Highway Garage, and be it further Town Board Minutes Page S February 9, 2016 RESOLVED, that the chief fiscal officer is hereby directed to deposit the $110,000.00 from the Town's Certificate of Deposit and the $20,000.00 from the 2016 Budget - A0962.2 Budgetary Provision for Other Uses, and secure the moneys of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law. The Town Board may invest the moneys in the Reserve Fund in the manner provided by Section 11 of the General Municipal Law, and consistent with the investment policy of the Town of Groton. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and shows the date and amount of each sum paid into the fund, interest earned by the fund, capital gains or losses resulting from the sale of investments of the fund, the amount and date of each withdrawal from the fund and the total assets of the fund, showing cash balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board a detailed report of the operation and condition of the Reserve Fund, and be it further RESOLVED, that except as otherwise provided by law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditure shall be made from this Reserve Fund without the approval of this governing board and such additional actions or proceedings as may be required by Section 6-c [6-g] of the General Municipal Law and any other law. This resolution is subject to permissive referendum pursuant to subdivision 4 of Section 6-c [ 16-g] of the General Municipal Law. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Nays - Resolution Passed RESOLUTION #15-020 - APPOINT PLANNING BOARD CHAIR AND VICE CHAIR MOVED by Supervisor Scheffler, seconded by Councilperson Sovocool RESOLVED, that the Town Board hereby appoints Edward Neuhauser as Chair and Lisa Maloney Hahn as Vice Chair of the Town of Groton Planning Board. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Nays - Resolution Passed RESOLUTION #15-021 - APPOINT ZONING BOARD OF APPEALS CHAIR AND VICE CHAIR MOVED by Councilperson Sovocool, seconded by Councilperson Jackson RESOLVED, that the Town Board hereby appoints Ted Schiele as Chair and Paul Fouts as Vice Chair of the Town of Groton Zoning Board of Appeals. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Nays - Resolution Passed RESOLUTION #15-022 - TOWN CLERK AND DEPUTY CLERK TO ATTEND CONFERENCE MOVED by Supervisor Scheffler, seconded by Councilperson Jackson RESOLVED, that the Town Board hereby approves the payment of expenses for the Town Clerk, April Scheffler, and the Deputy Clerk, Robin Cargian, to attend the Annual New York State Town Clerks Association Conference in Saratoga Springs, April 17-20, 2016. Town Board Minutes Page 6 February 9, 2016 Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Nays - Resolution Passed Supervisor Scheffler MOVED to enter into Executive Session to discuss the employment history of a particular person, seconded by Councilperson Jackson, at 8:27 pm. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Supervisor Scheffler MOVED to return to Regular Session, seconded by Councilperson Clark, at 8:45 pm. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Approving the 2016 contract with Tompkins County Human Services was on the agenda. No one was really sure exactly what Tompkins County Human Services is and what they do, and the following resolution was made. RESOLUTION #16-023 - TABLE HUMAN SERVICES CONTRACT UNTIL MARCH MEETING MOVED by Supervisor Scheffler, seconded by Councilperson Clark RESOLVED, that the Town Board hereby tables the 2016 contract with Tompkins County Human Services until the March meeting so that further information on the organization is received and directs the Bookkeeper to hold the check for said organization until the March meeting also. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Nays - Resolution Passed Clerk Scheffler told the Board that while they were in Executive Session, she had looked at the section on establishing reserve funds in the Town Law Manuel. She read the following excerpt: "A `specific' reserve fund I one established for acquiring a particular piece of equipment or for a particular capital improvement. If the town establishes a `specific' reserve fund, it is subject to permissive referendum upon the establishment of the fund. After the establishment of the `specific' reserve fund, any expenditures therefrom are not subject to permissive referendum. In contrast, the establishment of a `type' reserve fund is not subject to permissive referendum, while any expenditure therefrom is subject to permissive referendum." Clerk Scheffler thought that the prior resolution would be considered a "type" reserve fund since it didn't say that it technically could be used for any kind of building repair and did not specifically say that it was for the roof. Further discussion took place as well as review by the Town Attorney of General Municipal Law, and it was decided that the prior resolution should be rescinded and a new resolution made. RESOLUTION #16-024 - RESCIND RESOLUTION #16-019 MOVED by Supervisor Scheffler, seconded by Councilperson Smith RESOLVED, that the Town Board hereby rescinds Resolution #16-019 - Establishing a Building Repair Reserve Fund. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Nays - Resolution Passed Town Board Minutes Page 7 February 9, 2016 **PLEASE TAKE NOTE: The following resolution was rescinded during a Special Meeting held on February 15, 2016 by Res #16-026. RESOLUTION #16-025 - ESTABLISH TOWN BUILDING ROOF REPAIR/REPLACE RESERVE FUND MOVED by Supervisor Scheffler, seconded by Councilperson Sovocool RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, the Town Board of the Town of Groton hereby establishes a capital reserve fund to be known as the "Town Building Roof Repair/Replace Reserve Fund" (hereinafter "Reserve Fund"). The purpose of this Reserve Fund is to accumulate the moneys to finance the cost of a specific capital improvement. The specific capital improvement to be financed from the Reserve Fund is major repairs or replacement of the roof on the Town Building/Highway Garage, and be it further RESOLVED, that the chief fiscal officer is hereby directed to deposit the $110,000.00 from the Town's Certificate of Deposit and the $20,000.00 from the 2016 Budget - A0962.2 Budgetary Provision for Other Uses, and secure the moneys of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law. The Town Board may invest the moneys in the Reserve Fund in the manner provided by Section 11 of the General Municipal Law, and consistent with the investment policy of the Town of Groton. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and shows the date and amount of each sum paid into the fund, interest earned by the fund, capital gains or losses resulting from the sale of investments of the fund, the amount and date of each withdrawal from the fund and the total assets of the fund, showing cash balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board a detailed report of the operation and condition of the Reserve Fund, and be it further RESOLVED, that except as otherwise provided by law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditure shall be made from this Reserve Fund without the approval of this governing board and such additional actions or proceedings as may be required by Section 6-c [6-g] of the General Municipal Law and any other law. This resolution is subject to permissive referendum pursuant to subdivision 4 of Section 6-c [ 16-g] of the General Municipal Law. Ayes - Sovocool, Smith, Jackson, Clark, Scheffler Nays - Resolution Passed Announcements: ➢ Planning Board Meeting, February 18th at 7:30 pm ➢ Zoning Board of Appeals Meeting, February 24th, 7:00 pm ➢ Cabin Fever Festival, March 5th There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Jackson, at PM. Unanimous. April L. Scheffler, RMC Town Clerk