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HomeMy WebLinkAbout2006-10-17 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, OCTOBER 17, 2006 AT 7:30 PM HEARING ON 2007 PRELIMINARY BUDGET AT 8:00 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: Dewey Dawson, Elizabeth Brennan, Richard C. Case, Jr., Bob Walpole, Lester Coit, Deb Finton Crouch, Betty Conger, Chuck Rankin, April Scheffler. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes of the September 19, 2006 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. MOVED by Councilman Clark, seconded by Councilman Gamel, to approve the minutes of the October 3, 2006 special meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 307-339 of the General Fund in the amount of $12,893.36 were presented for audit. MOVED by Councilman Gamel, seconded by Councilman Sovocool, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 150-175 of the Highway Fund in the amount of$38,524.27 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Gamel, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Gown Board Minutes Page 2 October 17, 2006 Claim Numbers 38-41 of the Special Grant (HUD) Fund in the amount of $21,317.73 were presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Gamel, to approve the HUD bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Supervisor Morey offered Privilege of the Floor but no one wished to speak at this time. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk — Submitted monthly reports for the Board's review and asked for 2006 Budget transfers. RESOLUTION#06-084 —2006 BUDGET TRANSFER—GENERAL FUND MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED,that the Town Board hereby approves the following 2006 Budget Transfers: General Fund— Town Wide: From: Contingency A1990.4 $5,710.71 To: Control of Dogs, Equipment A3510.2 .5,300.00 To: Joint Youth Program, Contractual A7320.4 410.71 RESOLUTION#06-085—2006 BUDGET TRANSFER—HIGHWAY FUND MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED,that the Town Board hereby approves the following 2006 Budget Transfer: Highway Fund— Town Wide: From: Snow Removal Sick Leave DA5142.12 .$6,490.90 To: Bridges, Personal ServicesDA5120.1 6,490.90 Richard C. Case, Jr., Highway Superintendent — At the present time we are closing up the summer projects. We finished the chip sealing on Lick Street from 222 to Old Stage; Lick Street from Old Stage to Clark Street; Lick Street from Clark Street out past the Muka property; and a section on Clark Street to Salt Road. That will be the end of the chip sealing. We're still working on some of our drainage issues but we're probably 95% done on the intersection of Lick Gown Board Minutes Page 3 October 17, 2006 and Elm Street. That project turned out rather well but I'm not going to guarantee that it doesn't go under water again. We also cleared a lot of brush and trees, reclaiming a lot of right of way there that hadn't been touched in a lot of years and shoulders and ditches. The new truck was up in Harrisville at the Viking plant. We went up for the engineers meeting. They've got all the plow equipment manufactured and the dump body is ready to go on. But when we did the walk-around around the truck, we expected the truck with the fuel tank on the driver side and the battery box and air tanks on the rider side. They were completely switched. The problem being the fuel tank sticks back six inches too far for the push arms of the plow equipment. So, the truck was moved back to Watertown to the International dealer and they were making that switch. As of yesterday they were still waiting for some parts. Viking has assured me that as soon as they get their hands back on it that it will go back in the front of line and hopefully we would have it by the end of the month. Realistically, I think if we get it by the end of next month, we would be alright. We started the change-over. We have two trucks that could go and plow now if they had to. We're moving sand and by the end of the week I'll order salt. April L. Scheffler, Town Clerk/Tax Collector— Submitted monthly report for Board's review. Had a letter from Stonehedge's Golf Course stating their intention of renewing their liquor license. She said that she had a computer problem, possibly the power supply, and she would be addressing that. She also had received 3 applications for the vacancy on the Zoning Board of Appeals. Supervisor Morey said that she should contact the ZBA and have them set up a time to do interviews. Councilman Clark — Before we go farther, I vented my feelings to Rick about the way I felt about the guys and his performance this summer out on the road. I think they did a heck of a job out there, moving the sides of the roads and cleaning back with the excavator. I just think they did a heck of a job and they ought to have a big thank you from all of us. Consensus of the Board was that they had no objects to the renewal of the liquor license for Stonehedges. Councilman Donald Scheffler, as Recreation Coordinator — The Joint Recreation Committee met on October 3rd. Viola has applied to the Community Arts Partnership Decentralization Grant again, which partially funds the summer concert series. The kids' Halloween Party is scheduled for October 28th at the American Legion pavilion. It features a fun spook house for small children, a magician, McGruff the Crime Dog, costume parade, wagon rides, cider and donuts and music. Brittany Station and the Rotary are again sponsoring a scarecrow contest along Main Street. Trick or Treating along Main Street will not take place on Saturday the 28th as part of this party but will take place on the 31st from 3-5 PM. I think the Fire Department does something then too. There will also be a haunted house located in the cellar of Groton Hardware. Viola is also organizing a safe energy class for adults to be held in November either on the 14th or the 21St. Gown Board Minutes Page 4 October 17, 2006 RESOLUTION#06-086—ACCEPT 2006 GADABOUT CONTRACT MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, The Town shall pay to GADABOUT, pursuant to the 2006 contract, the sum of $4,400.00 to cover the calendar year of 2006. Payment of said sum shall be made by the Town Supervisor. Prior to payment, GADABOUT shall submit to the Town Board a Statement detailing for what purposes and to whom it is proposed monies are to be paid, and WHEREAS, GADABOUT will review their program with the Town Board at the request of the Town Supervisor, and WHEREAS, said monies shall be used to partially cover GADABOUT operating expenses: salary of on staff member, bus maintenance, gasoline, offices supplies, etc. NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby approves the 2006 GADABOUT Contract and give the Supervisor authority to sign said contract. RESOLUTION#06-087—APPROVE NYSEG SOLUTIONS AGREEMENT MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the Natural Gas Sales Agreement with NYSEG Solutions, Inc., for the term of November 1, 2006 to October 31, 2007. A. D. Dawson, Town Justice — Monthly Town Justice reports were submitted for the Board's review. I can't express to you how much it means to mean, what you are recommending in the budget. It shows a real solid commitment to the court and I really appreciate it. Discussion took place pertaining to the proposed ordinance regulating parking in the Hamlet of McLean, which was presented to the Board by Attorney Monty. This ordinance would amend and supercede an ordinance originally passed in 1971. A new proposed ordinance has become necessary due to the extensive County road reconstruction project now taking place in McLean. Gown Board Minutes Page 5 October 17, 2006 RESOLUTION#06-088—SET PUBLIC HEARING ON PROPOSED ORDINANCE REGULATING PARKING ON HIGHWAYS IN THE HAMLET OF McLEAN MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the introduction of the following proposed ordinance for the Town of Groton: AN ORDINANCE REGULATING PARKING ON HIGHWAYS IN THE HAMLET OF McLEAN, TOWN OF GROTON, COUNTY OF TOMPKINS, STATE OF NEW YORK For the purpose of enhancing vehicular and pedestrian safety and to facilitate the removal of snow and ice with regard to highways within the Hamlet of McLean, Town of Groton, County of Tompkins and State of New York, the Town Board of the Town of Groton does ordain as follows: Section 1: Definitions: The words and phrases used in this Ordinance shall for the purpose of this Ordinance have the meanings respectively given to them by Article I of the Vehicle and Traffic Law of the State of New York. Section 2: Prohibited Parking: The parking of vehicles is hereby prohibited on either side of Stevens Road, also known as County Road 104, for a distance of 170 feet northerly from the intersection of Stevens Road (a/k/a County Road 104) and a public highway known as "School Street." Section 3: Penalties: The owner of any vehicle parked in violation of this Ordinance shall be guilty of a violation and subject to a fine of not more than $50.00 for a first offense and a fine of not more than $100.00 for any second or subsequent offense. Section 4: Prior Ordinances: This Ordinance shall amend and supercede the Parking Ordinance adopted by the Town of Groton on February 15, 1971 relative to the parking of vehicles on certain streets in the Hamlet of McLean. However, this Ordinance shall not amend or repeal the Parking Ordinance adopted by the Town of Groton on March 12, 2002. Section 8: Effective Date: This Ordinance shall take effect after its adoption and upon its publication as required by the Town Law. AND BE IT FURTHER RESOLVED, that a Public Hearing be set for said proposed ordinance on the 14 day of November 2006 at 8:00 PM, at the Town Hall, 101 Conger Boulevard. Gown Board Minutes Page 6 October 17, 2006 Another part of the present road project will provide for a 15-minute parking area on School Street, in front of Cassavant School where a no parking area had previously been established by the Town Board in 1996. RESOLUTION#06-089—ESTABLISH 15-MINUTE PARKING ZONE FOR CASSAVANT SCHOOL MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the Tompkins County Highway Division and the Principal of the Cassavant School have recommended that a 15-minute parking area be established along School Street, in the vicinity of the school, in the hamlet of McLean, and WHEREAS, a parking area for this purpose is being constructed in conjunction with the reconstruction of School Street (CR 105) and, WHEREAS, the Town Board of the Town of Groton established a no-parking zone along School Street in the vicinity of Cassavant School by Resolution#42 of 1996, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Groton hereby repeals Resolution#42 of 1996 and be it FURTHER RESOLVED, that a fifteen minute parking area be established along School Street CR 105), beginning 50 feet north of its intersection with Peruville Road ( CR 107), and proceeding in a northerly direction a distance of approximately 300 linear feet. Sidewalks are also being built as part of this road project. Attorney Monty had drafted a local law to address the future construction, repair and maintenance of sidewalks in the Town of Groton, which was introduced to the Town Board by Supervisor Morey making the following resolution. RESOLUTION#06-090 — SET PUBLIC HEARING DATE FOR PROPOSED LOCAL LAW#1 FOR THE YEAR 2006 MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby sets a Public Hearing on Proposed Local Law #1 for the Year 2006 entitled "A Local Law Establishing Standards For Construction and Maintenance of Sidewalks in the Town of Groton" for Tuesday, November 14, 2006, immediately following the Public Hearing on the Ordinance Regulation Parking in the Hamlet of McLean. Gown Board Minutes Page 7 October 17, 2006 PUBLIC HEARING ON 2007 PRELIMINARY BUDGET The Public Hearing was opened at 8:00 PM with the Notice of Public Hearing being read by the Town Clerk as published in the Town's official paper, the Groton Independent, on October 11, 2006. Supervisor Morey asked if there was any public comment. Chuck Rankin, Village of Groton Clerk, asked why all the youth services are in the town wide budget instead of in the part town budget. That means, essentially, that the Village residents are paying for that service twice. His opinion is that it should be in part town. Parks and playgrounds are in part town, which is where they should be. Supervisor Morey and Bookkeeper asked for further explanation. Mr. Rankin explained that the portions that the Town and Village pay into the Youth Services Program are equal. The County bills the Village for the total and the Village bills the Town on a quarterly basis for their share. The Village has their share budgeted in the Village budget to be paid by the Village residents. The Town has their share budgeted in the town wide part of the budget which is paid for by both Town and Village residents. He suggested that it be something to keep in mind for next year. Bookkeeper said that it is something that they could research for next year's budget. Mr. Rankin asked if there was money budgeted to help with the Summer Concert Series and Supervisor Morey said that there was. Deb Finton-Crouch asked if there was money allocated for the Spring Street Bridge project. Supervisor Morey said that they have money for it, however not in this budget. There being no further comments Supervisor Morey moved to close the Public Hearing, seconded by Councilman Sovocool, at 8:08 PM. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey PUBLIC HEARING ON FIRE DEPARTMENT & AMUBLANCE BUDGETS Supervisor Morey then opened the Public Hearing for the Fire Department and Ambulance Budgets. There were no comments from the public or the board. Supervisor Morey moved to close the Public Hearing, seconded by Councilman Gamel, at 8:09 PM. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Bob Walpole was present to answer any questions pertaining to the McLean Fire Department Budget but there were no questions or comments. Gown Board Minutes Page 8 October 17, 2006 RESOLUTION#06-091 —ADOPTION OF 2007 BUDGET MOVED by Councilman Sovocool, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby adopts the 2007 Town of Groton Preliminary Budget as the 2007 Town of Groton Final Budget. RESOLUTION#06-092—ACCEPT 2007 FIRE AND AMBULANCE BUDGETS MOVED by Councilman Scheffler, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby accepts the Town of Groton Fire and Ambulance Budgets for the Year 2007. A letter had been received from Christopher Muka requesting a refund on building permit fees for two building permit applications that he had submitted but were denied due to not submitting sufficient plans and because of pending litigation. Clerk explained that in the past, no refunds were given on applications because even when an application is denied there is a certain amount of time and work that goes into that application both by the Clerk's Office and the Code Enforcement Officer. The Board asked if Mr. Muka has a building permit now and the Clerk answered that he has submitted and paid for a new application for a building permit and that it has been issued. It was asked if taxes had been paid on Mr. Muka's Groton property and the Clerk said that taxes had been paid on the property in question, on Lick Street, but she did not know about his other property since that had not been required by the Board's stipulations. Clerk told the Board that she had a copy of a receipt for the taxes, a receipt for and copy of the $20,000 performance bond, the signed and notarized stipulation agreement and the renovation schedule agreed to by Mr. Muka and the Code Enforcement Officer. The Board reviewed the renovation schedule. Councilman Gamel was concerned that it said that the water had to be checked and repair but did not specify that it had to be potable. Supervisor Morey said that he wouldn't be able to sell it if the water wasn't drinkable. Others commented that it would only be required if there was a bank involved in the sale. Councilman Gamel didn't understand how Mr. Muka and Mr. Coats came up with the renovation schedule. It was his understanding that the main house would be renovated and the addition would be torn down. The schedule shows the addition being renovated. Mr. Gamel stated that the addition is not safe and that he doesn't know if it can be. Attorney Monty said that all work would have to be done to code and approved by Mr. Coats. Councilman Sovocool said that according to this, most of the sill beams would be replaced. Gown Board Minutes Page 9 October 17, 2006 Councilman Gamel remarked that it says repair or replace and that he didn't think New York State Code addressed how to repair a rotted sill. He could throw some tar in it and patch it and would that be repaired? Councilman Sovocool said that you can't repair it if it had a hole in it; it would have to be replaced. Attorney Monty said that the stipulations require all life safety issues to be addressed and it is also one of the reasons why it is designated as a renovation rather than a repair. Councilman Gamel wished to return to the discussion on the refund of the building permit fees. When there was no discussion, Supervisor Morey made a motion to refund the fees to which there was no second made. The motion proceeded no further and no resolution was made. Supervisor Morey stated that therefore no refund would be made. RESOLUTION#06-093—AUTHORIZE SUPERVISOR TO SIGN STIPLATION AGREEMENT WITH CHRISTOPHER MUKA MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the Town Board passed a resolution concerning property located at 924 Lick Street and owned by Christopher Muka which outlined stipulations, that if met by Mr. Muka, would allow him the opportunity to renovate the subject premises, and WHEREAS, Mr. Muka has signed the Stipulation Agreement offered to him by the Town of Groton, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Groton authorizes the Town Supervisor, Glenn Morey, to sign the Stipulation Agreement as the duly authorized agent of the Town of Groton. Announcements: ➢ Planning Board, September 19 ➢ Zoning Review Committee,November 2 ➢ Thank You note from family of Norma Neville Councilman Sovocool asked Attorney Monty what was happening with Diversified. Attorney Monty asked the Board what they were willing to spend to proceed with legal action against Diversified in an effort to collect the debt owed to the Town. After some discussion the following resolution was made. Gown Board Minutes Page 10 October 17, 2006 RESOLUTION #06-094— PROCEED WITH LEGAL ACTION AGAINST DIVERSIFIED MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board wishes the Attorney for the Town to proceed with legal action against Diversified Technologies for the collection of the debt owed to the Town of Groton and be it FURTHER RESOLVED, that the Attorney will give a report of expenses incurred on a monthly basis. There was a discussion on the Brown Road property. Councilman Scheffler said that he had been by the property and it is cleaned up and looks better than he has ever seen it. Judge Dawson told the Board that there had been a violation that ended up in court and that the tenant had removed himself from the property and the owners and the party they are selling the land to have been working to clean it up. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:20 PM. Unanimous. April L. Scheffler, RMC Town Clerk