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HomeMy WebLinkAbout08-09-2005 TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING AND PUBLIC HEARING ON UNSAFE BUILDING TUESDAY, AUGUST 9, 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 Sheldon C. Clark, Councilman Victoria Monty, Attorney for the Town Also present: Gary Coats, Elizabeth Brennan, Richard C. Case, Tena McClary, Kim Reilly, Rebekah Rielly, Duane Randall, George Frantz. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes of the July 12, 2005 meeting as presented (with correction of typo in Resolution No. 05068 – A3510.4 should be A3510.1) Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. General Fund Claim Numbers 230-259 of the in the amount of $19,273.42 were presented for audit. MOVED by Supervisor Morey seconded by Councilman Clark, to approve the General Bills for payment, with the exception of Claim Number 248, in the amount of $658.15, making the total amount approved to be $18,615.27. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Highway Fund Claim Numbers 119-133 of the in the amount of $36,125.11 were presented for audit. MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Special Grant (HUD) Fund Claim Number 1 of the in the amount of $4,884.00 was presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Gamel, to approve the HUD bill for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Town Board Minutes Page 2 August 9, 2005 Privilege of the Floor: Kim Reilly from the Pizza Fun Day Committee was there to give an update on their plans. They will have a booth at Olde Home Days to promote Pizza Fun Day which is scheduled for Sept. th 17 and showed the Board packets that they would be giving out containing a dry-erase board, marker and coupons. One addition this year will be a game show featuring pizza related questions. The trolley will be here again and there will be many displays and demonstrations. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk – Submitted her monthly report and requested budget transfers. RESOLUTION #05-073 – 2005 BUDGET TRANSFER MOVED by Councilman Sovocool, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2005 Budget Transfer: General Fund – Town Wide: From: Control of Dogs, Enumeration A3510.41……………$1,314.00 To: Control of Dogs, Personal Services A3510.1…………1,314.00 RESOLUTION #05-074 – 2005 BUDGET TRANSFER 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: Highway Fund – Town Wide: From: Machinery, Personal Services DA5130.1……………$3,225.37 To: Bridges, Personal Services DA5120.1………………...3,225.37 RESOLUTION #05-075 2005 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2005 Budget Transfer: Highway Fund – Part Town: From: Retirement DB9010.8……………………………$1,127.58 To: Health Insurance DB9060.8………………………1,127.58 Town Board Minutes Page 3 August 9, 2005 Richard C. Case, Jr., Highway Superintendent – At the present time, the Highway Department is very active in summer highway projects. The shop continues repairs and P.M. on equipment. Stan, Randy and the summer help have started to clean up the building for Old Home Days. The Historical Society will be holding their annual flea market in the parking th section of the highway building on August 20. Roadside mowing continues on Town highways. A drainage problem has been addressed on Stauber Road with three sluice pipes being replaced and several yards of brush and trees trimmed and cut. The next phase of rebuilding Old Stage Road, from Salt Road to Champlin Road, is underway. This will require six crossover pipes to be replaced and pretty much a complete cleaning of existing ditches and drainage systems. The Highway employees are making good progress with this project and are to be commended for enduring the heat that has settled in this summer. Cutting trees and working in the middle of a blacktop road is a true indication of their dedication to the job. The summer youth workers are presently employed doing chores and providing a helping hand that is making a real difference in the Highway Department’s productivity. Makinze Lewis, Ellard Keister and Joseph Randall are these three employees. Liz and I have applied for the $70,282.85 Town of Groton’s potion of the NYSDOT Chips funds. The bridge on Stevens Road is open and the County bridge crew has moved on to other projects. We have, for the time being, finished with guide rail, bridge decking and roadway approach work for this project. Stevens Road is open and very passable. I received from William Sczesny, Highway Manager for Tompkins County Highway Department, notification that the Town of Groton’s payment for snow and ice maintenance of the County roads for the 2006 Budget will be $145,612.39. Viking Cives USA completed the installation of the 10’ Proline dump body. This vehicle has been placed in service and appears to function very well. I have three equipment items that require Board resolutions. As we budgeted for 2005, I request to make purchases on State bid. RESOLUTION #05-076 – PURCHASE ONE-WAY PLOW MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED , that the Town Board hereby approves the purchase, on State bid, a 10’ Model 3566 HSE one-way plow, manufactured by Vicking Cives USA, for the amount of $6,744.00. Town Board Minutes Page 4 August 9, 2005 RESOLUTION #05-077 – PURCHASE 2006 STAKE RACK TRUCK MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board approve the purchase, on State bid, a 2006 International Model 4200 Series 1 ½ ton truck with a 16’ Reading stake rack body mounted, for the amount of $47,603.00 to replace the 1985 Chevy Stake Rack Truck. RESOLUTION #05-078 – TAKE VEHICLES TO MUNICIPAL AUCTION MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby gives permission to Rick Case, Highway Superintendent, to take the following equipment to the Municipal Auction held in Lansing on September 10, 2005 or somewhere else where they could realize the greatest return: 1)A 1985 Chevy stake rake truck 2)A 1985 Ford 10-wheel cab & chassis truck 3)A 1966 Brockway truck Gary Coats, Code Enforcement Officer – A half million dollars in building permits were issued for the month. There were 11 or so building permits and one certificate of occupancy. I issued 3 Orders to Remedy, all for cars and had 4 complaints corrected. The Thompson garage is completed. As far as I am concerned it is done. Floyd Slater, who bought the Anderson property on Brown Road is in the process of cleaning things up. Life Safety Inspections are up to date. PUBLIC HEARING ON UNSAFE BUILDING Supervisor Morey opened the Public Hearing at 8:00 PM. Purpose of the Public Hearing was regarding to an unsafe building at 924 Lick Street owned by John Robinson. The Deputy Clerk read the Public Notice, which had been published in the Town’s legal paper, the Groton Independent, on August 3, 2005. Mr. Coats – I thought he would be here tonight. I heard through the grapevine that he had someone to do it but not until September. I talked with Vicki. There were other occasions, including tonight, when he said he was going to do things and he didn’t. Supervisor Morey – Your recommendation? Mr. Coats – Tear it down. Town Board Minutes Page 5 August 9, 2005 Attorney Monty – I think a stipulation would be fine if we had it in writing. But without his appearance here…. Mr. Coats – He knows from numerous letters from me that it would be in his best interest to take care of it. Supervisor Morey – What is the procedure now, Gary? Mr. Coats – It goes to the Supreme Court, I believe. Supervisor Morey – And he’s got to take it down on his expense, right? Mr. Coats – We take it down and bill it to him or put it on his taxes. The judge would issue that, I assume. I was hoping he would be here and we would write a stipulation and give him like the first of October to have it down and buried and seeded and whatever. If he agreed to that and signed it, that would be binding. So, it goes to the Supreme Court and the judge has to make a ruling. And what happens if he sells it in the mean-time? He’s buying it on a land contract, as I understand. He told me that if the costs come back to him, he is going to throw it back to Muka. We did this once before, Judge Rielahan signed the order and before it got torn down it was sold. I don’t know what the procedure is once we get the order from the judge, if we have to put it out to bid or if can I just hire somebody. Councilman Scheffler – That land contract with Muka, that generally means Muka is still holding the deed. So, we may be going after the wrong people. There was some more discussion on the subject. The Board thought that they should proceed and name both the owner of the land and the holder of the land contract or mortgage. Supervisor Morey moved to close the Public Hearing, seconded by Councilman Sovocool, at 8:13 PM. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RETURN TO REGULAR SESSION RESOLUTION #05-079 – PROCEED WITH REMOVAL OF UNSAFE BUILDING MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby authorizes the Town Attorney to proceed against registered owner to commence proceedings in New York State Supreme Court to request removal or demolition of unsafe building located on 924 Lick Street, Tax Map Number 16.-1- 16.1. Town Board Minutes Page 6 August 9, 2005 April L. Scheffler, Town Clerk/Tax Collecto r – Was absent but submitted her monthly report for the Board’s review as well as the following requests: 1)September Board Meeting needs to be rescheduled due to Primary Day. 2)I would like for myself and deputy to attend a records management seminar entitled “Providing Access to Your Records” on Sept. 14 at the Ithaca Town Hall and request that the Town pay expenses for the lunch and mileage. 3)The Olde Home Days Committee has asked that the Town permit the use of a copy machine for copying the event map that will be inserted into the Olde Home Days Brochure. (Approximately 3000 copies) In an effort to keep costs down, we are producing the map ourselves. The Committee will provide the paper and is in hopes that you will generously supply the copy machine. The map is still in progress and will be updated right up to a few days before the event. There will also be a list of events, times and sponsors on the back. The Shopper has provided extra copies to be used as posters (at no extra charge above the cost of our ad). I have given you each one of these so you can see what is scheduled so far. RESOLUTION #05-080 – RESCHEDULE SEPTEMBER BOARD MEETING MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby reschedules the regular September Board Meeting for Monday, September 12, 2005 at 7:30 PM. RESOLUTION #05-081 – TOWN CLERK & DEPUTY TO ATTEND SEMINAR MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves expenses for the Town Clerk and Deputy Town Clerk to attend a records management seminar entitled “Providing Access to Your Records” on Sept. 14 at the Ithaca Town Hall. After some discussion on the use of a copy machine for the Olde Home Days map, the Board decided that they would rather not use a Town machine for that many copies, and the following motion was made: RESOLUTION #05-082 – TOWN TO PAY FOR OLDE HOME DAYS MAPS MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the Town paying for 3000 copies of the Olde Home Days map at whatever place is found to be the least expensive. Town Board Minutes Page 7 August 9, 2005 Victoria Monty, Attorney for the Town – Would look into the legal aspects connected with the 924 Lick Street property. A. D. Dawson & John Norman, Town Justices – Submitted their monthly report for the Board’s review. Councilman Donald Scheffler, as Recreation Coordinator – The past 3 years have been a learning experience for Groton recreation. We have worked hard to get the program started, and I thank and commend Marcia Larsen, our Recreation Director, and the Joint Town & Village Recreation Committee. We have focused in the past on “getting the bugs out” and doing a few events and doing them right. Our focus in the coming year will be to sponsor more events and activities, be more visible in the community, and provide the Town and Village with a more diverse agenda of cultural activities. We are at the point where we feel comfortable expanding the program and will work toward that end. If anyone has any suggestions for what they would like to see happen in Groton, please let Marcia or one of the committee know. My thanks also go out to the Town and Village Boards and the taxpayers for supporting this program. George Frantz presented the draft Comprehensive Plan to the Town Board and explained the next steps in the procedure that result in adoption of the plan. RESOLUTION #05-083 – TOWN BOARD DESIGNATION AS LEAD AGENCY FOR ENVIRONMENTAL REVIEW OF JOINT TOWN & VILLAGE COMPREHENSIVE PLAN MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, The Town of Groton Comprehensive Plan Committee, working in concert with the Village of Groton Planning Board has completed a Draft Joint Comprehensive Plan for the Town and Village of Groton, New York, and WHEREAS, the adoption of a comprehensive plan is a Type I action per Part 617.4(b)(1) New York Codes, Rules & Regulations (NYCRR), and WHEREAS, after consultation with members of the joint planning committee, Village officials and staff of the New York State Department of State, the Town of Groton Town Board chooses to establish itself as lead agency for environmental review of the Draft Joint Comprehensive Plan for the Town and Village of Groton, New York as provided for in Part 617.6(b) NYCRR. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby designates itself lead agency for environmental review for the Draft Joint Comprehensive Plan for the Town and Village of Groton, New York, and BE IT FURTHER RESOLVED, that it seeks concurrence from the Village of Groton Village Board and other potential involved agencies as defined in Part 617.6 NYCRR for its designation as lead agency for environmental review. Town Board Minutes Page 8 August 9, 2005 RESOLUTION #05-084SUPPORT COLLATERAL SOURCES BILL - WHEREAS, there has been introduced before the New York State Senate and the New York State Assembly a bill known as S.1544/A.4354 entitled “an act to amend the civil practice law and rules, in relation to equalizing the treatment of collateral sources in tort actions, to repeal subdivisions (a) and (b) of section 4545 of such law and rules relating to collateral sources in certain tort actions and to repeal subdivisions (d) and (e) of rule 4111 of such law and rules in relation to itemized verdicts in certain tort actions”, and WHEREAS, this bill will equalize the treatment of collateral sources in tort actions against public defendants by applying the same standard used in cases against private defendants and will allow collateral sources to offset damage awards for future costs and expenses in actions against publics employers, thereby preventing double recoveries. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Groton hereby expresses its support for the enactment of New York State Senate Bill S. 1544 and New York State Assembly Bill A. 4354 and be it FURTHER RESOLVED , that certified copies of this resolution be delivered to the Honorable Joseph Bruno, Majority Leader, New York Sate Senate; the Honorable Sheldon Silver, Speaker, New York State Assembly; the Honorable Richard Platkin, Counsel to the Governor; the th Honorable Barbara Lifton, Assembly Member for the 125 District; the Honorable James st Seward, Senator for the 51 District. 2006 Budget Work Session The Board set the initial for September 7 at 7:00 PM. Announcements: Planning Board Meeting – August 18 – 7:30 PM Public Hearing on Comprehensive Plan – August 17 – 7:30 PM  Groton Olde Home Days - August 19-21 Tompkins County Farm City Day – Marquis Freebrook Farm in Freeville Thank you from Tom Guihan Family Thank you from McLean Community Council for donation towards fireworks There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:40 PM. Unanimous. April L. Scheffler, RMC Town Clerk