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HomeMy WebLinkAbout07-12-2005 TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING TUESDAY, JULY 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 Richard B. Gamel, Councilman Victoria Monty, Attorney for the Town Absent: Sheldon C. Clark, Councilman Elizabeth Brennan, Bookkeeper/Highway Clerk Richard C. Case, Jr., Highway Superintendent Also present: Dewey Dawson, John Norman, Gary Coats, Joe Graham, Lou Ann Graham, Julie Graham, Frank Satterly, Tena McClary, April Scheffler. MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the minutes of the June 14, 2005 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Morey. General Fund Claim Numbers 205-229 of the in the amount of $10,917.51 were presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Morey. Highway Fund Claim Numbers 100-118 of the in the amount of $35,252.56 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Morey. Supervisor Morey – Thomas A. Guihan, 81, of Elm Street, Groton, died from the results of an automobile accident Wednesday, July 6, 2005. Tom was an avid model train collector and a ham radio operator. Tom sat on the Town Planning Board and has been instrumental in the positive direction that the Planning Board has taken. Our sympathy goes out to his family. The Bookkeeper’s report was submitted. Town Board Minutes Page 2 July 12, 2005 RESOLUTION #05-067 – 2005 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED, that the Town Board hereby approves the following budget transfer: General Fund – Town Wide: From: Contingency A1990.4…………………………..$6.00 To: Cemeteries A8810.4……………………………..6.00 RESOLUTION #05-068 – 2005 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED , that the Town Board hereby approves the following budget transfer: General Fund – Town Wide: From : Dog Enumerator, Contractual A3510.41…………..$764.00 To: Dog Enumerator, Personal Services A3510.1………764.00 RESOLUTION #05-069 – AMENDMENT TO 2005 BUDGET MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED, that the Town Board hereby approves the following amendment to the 2005 Budget to account for additional CHIPS Revenue: Debit: DB3501 CHIPS Revenue………………………….$2,464.85 Credit: DB5112.2 CHIPS Expense…………………………2,464.85 Gary Coats, Code/Fire Enforcement Officer – It’s been a busy month. Lewis Thompson has ¼ of the floor done and that’s the last thing that we required. He’s working on it as we speak. And that’s not a safety issue. The building is secure. Mr. Coats said that the issue with the Indians pertaining to the cell tower had been resolved and that with the merging of Cingular and AT&T, the tower may be going up sometime next year. He told about 2 new foundations that were in. Small swimming pools had been a big issue as far as securing them and fencing them. Supervisor Morey – Don’t we remind them in the Shopper about this? Town Board Minutes Page 3 July 12, 2005 Mr. Coats – I tried to last year, and you said to stop doing that. George Senter did that and on the front page of the Cortland Standard there was an article stating the exact reasons on these pools. They sell for $100 and they’re just as dangerous as any other pool out there. I’ve had good response. If you go around Town, all the ones you see from the road now have fences around them. Rick and Sheldon asked me last month about the former Coit property. We’ve started the process on that. I wrote a report that you have in your packet and we’re asking for a resolution much the same as what we went through before. Fran went to Judge Relihan in Ithaca and he gave us permission to tear it down and put the expenses on the Coits and then the property changed hands. So now we’re doing the same thing with Robinson. I had hoped he would be here tonight. I was out there this morning and it’s not a secure building. Mr. Coats also asked the Board about purchasing a cell phone. Supervisor Morey asked him to find out the cost. Supervisor Morey – Let’s talk about the Robinson place. They live on Tucker Hill Road but they own the Lick Street property. We already did condemn this and were supposed to tear it down but………… Mr. Coats – Coit sold it to Muka and Muka sold it to Robinson. He had a demolition permit for it. In my opinion it’s too far gone. You could fix it up if you had deep pockets but it would be far cheaper to level it and start over. It needs all major services, the foundation you can’t see very well because it’s all grown up around it. It’s ramshackle. It’s not secure and you could walk right in it if you wanted to. Every window is broken. The ceilings won’t meet the building codes. It’s just an old house that would be best gone. Councilman Sovocool – I think we need to get rid of it. We’ve tried to get rid of it for years now. RESOLUTION # 05-070 – RESOLUTION ORDERING REMOVAL OF STRUCTURES OWNED BY JOHN AND KATHERINE ROBINSON MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Morey WHEREAS, the Code Enforcement Officer of the Town of Groton has filed his report in writing with the Town Board of the Town of Groton containing his findings and recommendations regarding a certain structure situate on premises on 924 Lick Street in the Town of Groton, County of Tompkins, State of New York, designated by Tax Map Number 16.-1-16.1, in which report said Code Enforcements Officer states his opinion that said structure is unsafe and dangerous to the public and recommends their immediate removal, and WHEREAS, the Town Board of the Town of Groton after reviewing said report and after hearing said Code Enforcement Officer in regard thereto and after having duly deliberated upon the same, having determined that said report warrants the removal of said structure. Town Board Minutes Page 4 July 12, 2005 NOW, THEREFORE, BE IT RESOLVED, that (1) notice be given to John and Katherine Robinson, reputed owners of the structure situate on premises located at 924 Lick Street in the Town of Groton, County of Tompkins, State of New York, designated by Tax Map Number 16.- 1-16.1, in the form required by section six (6) of Local Law Number 1 of the Year 1981 of the Town of Groton; (2) said notice to be served personally upon John and Katherine Robinson or by registered mail to his/her last known residence as shown by the records of the Tax Collector or of the County Clerk if such person cannot reasonalby be found for such personal service and by affixing a copy thereof upon said structure; (3) said notice shall order that the said structure shall be removed from the premises, and said removal shall commence within thirty (30) days of the service of said notice and shall be completed within sixty (60) days thereafter; (4) a public th hearing has been scheduled on the 9 day of August 2005 at 8:00 PM at the Groton Town Hall, 101 Conger Boulevard, Groton, New York 13073, in relation to such dangerous or unsafe structure; and (5) The Town Clerk of the Town of Groton be and she hereby is directed to prepare said notice and arrange for the service thereof in accordance with the requirements of said Local Law and by filing in the office of the County Clerk. RESOLUTION #05-071 – SET PUBLIC HEARING DATE MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED, that the Town Board hereby sets a Public Hearing for August 9, 2005 at 8:00 PM in relation to a dangerous or unsafe structure belonging to John and Katherine Robinson. Councilman Scheffler – There’s another trailer moved in on Brown Road. Mr. Coats – I’ve seen that. They’ve been cited with an order to remedy about two weeks ago and I gave them 30 days. I included a letter saying that not only were they not complying with the order to remedy but they are acerbating the situation by continuing to bring stuff in there. April L. Scheffler, Town Clerk/Tax Collector – You have my monthly report. The enumeration is progressing nicely and ahead of schedule. Mr. Estey has enlisted his wife to do the driving for him and he has covered a lot of territory. He has completed the Village and most of the Town. All that is left is the Southeast corner of the Town, including McLean. I would estimate that he will be done with the counting in a couple of weeks and all that will be left is the follow-up on our end. I asked Stacie Vance to come back again this year as a summer youth worker in my office. You may recall the large amount of plastic sheet protectors that we bought last year in preparation for a project involving our chattel mortgages and conditional sales agreements. We have begun this project and Stacie is proving to be a very valuable member of our team to help move the project along. Town Board Minutes Page 5 July 12, 2005 I received email from Elizabeth Cree and Steven DeWitt from the Board of Election concerning the passage of the Federal Help America Vote Act. After the General Elections preparations will begin for centralization of voting. They are awaiting direction from the State Board and will keep us informed. Working together, we hope to be able to make this transition work for the benefit of everyone. There have been some recent amendments to the Freedom of Information Law that bear mentioning. (Clerk read excerpts from Town Clerks’ publication that explained some of the changes.) Supervisor Morey – Are you looking for a procedure for what we should be doing? Do you want it to go through you? Clerk Scheffler – That’s already been decided. I am the Records Management Officer. Supervisor Morey – So does everyone understand that; that it’s all supposed to go through you; I mean Rick and……? Clerk Scheffler – Well they should. It’s been repeated a lot of times. Colleen Pierson – I repeated it for 25 years as Town Clerk. Clerk Scheffler – I just felt that it bears repeating again because of the revisions. Supervisor Morey – Does it have to be in writing? Clerk Scheffler – No. If it’s a real formal request it often is. There is no set form although we do have a form that we made up that can be used or it can just be in the form of a letter. However they ask for it, if it’s a public record we have to provide it. Victoria Monty, Attorney for the Town – Said that she had more paperwork relative to the Robinson property that she would email to Clerk Scheffler. She apologized for not doing anything on Diversified yet. (Voice not picked up by microphone.) Councilman Gamel – We need to get that going. That’s a thorn for me. I’d really like to see that taken care of. It’s dragged on for far too long. By next meeting I’d like to have something in the works. Can we jump ahead at all? Can you give us what we would need to do to be prepared for the next meeting to get things rolling from there so we don’t have to wait for another month? Attorney Monty – I believe that you have given me authority to go ahead………(can’t hear her)…I want you all to review it and if it’s acceptable proceed accordingly. John Norman and A. D. Dawson, Town Justices – Submitted their monthly report for the Board’s review. Town Board Minutes Page 6 July 12, 2005 Councilman Donald Scheffler, as Recreation Coordinator – Had nothing to report. Supervisor Morey – Let’s go on discussion and action on dog enumerator. I’d just like to open a discussion. A young lady came in and tried to get a dog license. It appeared to be a surviving dog, a rescue dog. And when they called me about the $5 surcharge for the enumerator I said policy was that if the enumerator found that wasn’t licensed that was an older dog that it would be charged the $5. Well, turned out it was a rescue dog and it was an older dog and the dog was brought back by starvation and at that time that they found out that it was alive and lived, that’s when she brought in an application for a license. I thought that the policy was that if the enumerator did identify unlicensed dogs that we would charge the $5 and if the enumerator did not identify it it wouldn’t be charged the $5. Councilman Sovocool – That was my impression. Councilman Scheffler – That was my impression too. We wouldn’t know if they just got it or whatever. Councilman Gamel – Yeah, I talked about April a few times about this. That was my assumption. Clerk Scheffler – Our policy is that areas that have been enumerated are to be charged the surcharge. New dogs and puppies are not being charged or dogs that are being ticketed by the SPCA because they are already being fined. The person that you had a complaint from, I did not deal with when she came in to do the license. When I got a chance to talk to her, I had written her a letter asking her to call me on same day that she actually did call me, so I didn’t send the letter. But when I spoke with her, we discussed it and it was determined that a mistake was made and $5 was returned to her. But I would like to add that even a rescue dog or any dog that is being harbored, the law says a dog that is being harbored for more that 10 days, it needs to be licensed. Supervisor Morey – What happens when the vet does it, basically the vet made the request that the dog be taken in? Clerk Scheffler – The person who’s taken the responsibility to take the dog in is the person who is harboring the dog. The word in the law is harboring the dog. It’s the same with people who say, oh, it’s my brother’s dog. If you’ve had the dog 6 months, you are harboring the dog and you need to license it. We had a woman in the day, she says it’s my son’s dog. I said, where does your son live? My son lives with me. Who owns the property? I own the property. Then you are responsible; you are harboring the dog. I agree that her son should be responsible but as far as the law is concerned and maybe the judges can help me on this, the law says the person who is harboring the dog is responsible. If you are giving the dog shelter, you are responsible. Judge Norman – That’s true. That’s the way the law reads. Supervisor Morey – But the policy is that if somebody gets a license for the dog that has not been identified by the enumerator that is should not been charged the $5. Clerk Scheffler – The areas that have been enumerated have been charged the $5. Town Board Minutes Page 7 July 12, 2005 Supervisor Morey – Okay. Colleen Pierson (former Town Clerk) – Glenn, may I say something? I’ve read the article from Ag and Markets and it states in there that everyone will be charged $5 surcharge during the enumeration. That means that the Town Board does not have any say in it. Councilman Gamel – I read that as well. To me, the way I read it, it sounds that, yes, any dog that’s found during an enumeration gets charged $5. During an enumeration. I would consider an enumeration the act of going to a place, finding a dog that’s not licensed, turning that in. That’s what I would consider an enumeration, not a general………….. Colleen Pierson – It’s a period of time. That’s what an enumeration is. Joe Graham – You’re discouraging people from coming forward and doing the right thing. Colleen Pierson – Well, actually, it’s Ag & Market and the clerks have no authority to not charge that. And that $5 is to be used specifically for enumeration, towards the Town’s cost of that. Joe Graham – Doesn’t the Ag and Markets law say that you can’t charge more than $10 for the local fee? Colleen Pierson – I don’t know any more about that. I haven’t looked at it lately. Clerk Scheffler – We don’t charge more than that. Joe Graham – (said something, but was not using microphone) Clerk Scheffler – You’re implying about what’s printed on the license, correct? We have no way to account for that $5 except to add it to the local fee for bookkeeping purposes. That’s bookkeeping purposes. Our local law states what the local fee is. We have been instructed by our software providers and the State to account for that $5 by adding it to the local fee when we do a license because it is retained by the municipality. So, it shows up on that dog license when it’s printed out and it shows up on my monthly report in the local fee because it is a fee that is retained by the municipality and is kept locally. It’s not actually the local fee. The local fee is stated in our local law. The only other way to account for it would be to collect it separately, do a separated receipt for it and add it back into dogs some other way and that would be very cumbersome for bookkeeping. Councilman Gamel – So, if I get this right, if I go to pick up a 5-year old dog at the SPCA today, because there is an enumeration going on, I will pay $5 more? Clerk Scheffler – No. You would license it through the SPCA. Lou Ann Graham – What if someone gives you a dog? Clerk Scheffler – If someone gave you a dog today and you came in and told me that, I would have to believe you. If you came in today and told me you had a 2-month old puppy, I would have to believe you. It’s the same as what we do when someone calls and says they have a dead dog; I have to believe them. Town Board Minutes Page 8 July 12, 2005 Supervisor Morey – Vicki, since this is a local law that we have could we…….. Attorney Monty – It’s a State law. Colleen Pierson – It’s a State law. Clerk Scheffler – It’s a State law. Councilman Gamel – But Vicki, can you tell us a little more about enumeration, does that mean the act of going to, I mean…… Attorney Monty – I don’t have that in front of me. It was my recollection that it is if a dog is identified as unlicensed during an enumeration. Councilman Gamel – That’s how I read it as well. Councilman Scheffler – What’s the definition of an enumeration, is it a timeframe? Supervisor Morey – Can we have a definition in our local law for what an enumeration is to Groton? Is that what we have to do? Attorney Monty – I can look into what Ag and Markets says….. Councilman Gamel – Yeah, because that will settle it one way or the other. If enumeration is the act of going to a house and identifying a dog then nobody gets charged unless that dog is identified. Or if they are identifying it as a time period then everybody gets charged whether or not somebody comes in and says somebody just gave me a puppy or six months old, everybody gets charged. It’s got to be one way or the other. Supervisor Morey – I’d like to settle this tonight though, okay. I would like to know the definition, by the way. But still if we can agree that the dog identified by the enumerator during the enumeration would be charged $5.00. If not, they’d be charged the regular fee. I could stand for that. April, could you live with that? Clerk Scheffler – That’s what we are doing. The areas that have been enumerated except for this one mistake…….. Supervisor Morey – Okay, so this was a mistake and we can just walk away from this right now. Clerk Scheffler - …… that we admitted we had made. I returned the money. In fact, I returned the money from my personal checking account because that’s what happens when the Town Clerk makes a mistake, right Colleen? Colleen Pierson – That’s true, it comes out of her pocket. Clerk Scheffler – A mistake was made and it has been corrected. We are only charging people in areas that have been enumerated. Supervisor Morey – Any other comments? All right, let’s move on. Town Board Minutes Page 9 July 12, 2005 RESOLUTION #05-072 – APPOINT CAROL GRIEP TO COUNTY YOUTH COMMISSION MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Morey RESOLVED, that the Town Board hereby appoints Carol Griep, 451 Smith Road, as the Groton representative on the County Youth Advisory Board. Announcements: Planning Board Meeting, July 21 at 7:00 PM Tentative Public Hearing for Comprehensive Plan will be held in August. GBA 2005 Golf and Picnic, July 27 at Stonehedges Tompkins County Municipal Officials meeting, July 26 at the Icabod at 6:00PM Groton Art and Wellness Walk, Saturday, July 23 There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:27PM. Unanimous. April L. Scheffler, RMC Town Clerk