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HomeMy WebLinkAbout2007-09-11 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, SEPTEMBER 11, 2007 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: Dewey Dawson, Gary Coats, Richard C. Case, Jr., Barbara Clark, Earl Lenhard, Terri Vantine, April Scheffler. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes of the August 14, 2007 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 267-288 of the General Fund in the amount of$13,977.71 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Gamel, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 134-146 of the Highway Fund in the amount of$69,923.20 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Scheffler, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. There were no Special Grant(HUD) Fund bills presented for audit. Privilege of the Floor: Earl Lenhard from Elexco Land Services, Inc., was present to talk to the Board about leasing the Town's land for mineral rights. The Town has around 51 acres that they are interested in leasing at approximately $115 an acre for a surface lease or $100 an acre for a non-surface lease. Town Board Minutes Page 2 September 11, 2007 The leases are for 5 years with an option to renew for another five years and the amount per acre is paid all at once,up front, rather than prorated over the 5 years. If a landowner doesn't lease their land and the company decides to drill in the area there are still choices that could be made. One would be to become a partner with the drilling company and pay a percentage of the cost of drilling the well, which could be 3-4 million, and if they hit something, you get royalties and if they don't, you get nothing and loose your money. The second option would to become a non-participating partner, where you would put no money up front and if they drilled and found nothing, you lose nothing but if they drill and find something, you pay your fair share out of your royalties with a 200% penalty because you didn't risk any of your money up front. The third choice would be to become just a royalty participant in which case you would have the same situation as you would if you leased it except that you wouldn't have that lease money up front. Only 10 to 15% of all land leased ever gets into an actual drilling unit so that probability that drilling will happen on your property is pretty small. Supervisor Morey asked if there were any leases shorter than the 5 years. Mr. Lenhard said that he didn't think so, although most everything in the lease is negotiable. Councilman Gamel felt that there were definitely things that the Town should consider negotiating if they decided that they wished to lease the Town property. It was decided that he would meet with Mr. Lenhard and go over the contract to talk about changes and dollars and bring it back to the Board. Attorney Monty asked if Mr. Lenhard had leased to any other municipalities. He said he had not. She was concerned as to whether the Board had the right to lease out the Town property and would look into the legalities of that. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk - Was on vacation but had submitted monthly reports for the Board's review. RESOLUTION#07-057 - 2007 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 2007 Budget Transfer: General Fund- Town Wide: From: Records Management A1410.42 $664.96 To: Records Management Clerk A1410.12 664.96 Town Board Minutes Page 3 September 11, 2007 RESOLUTION#07-058- 2007 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 2007 Budget Transfer: General Fund-Part Town: From: Contingency B1990.4 $1,389.11 To: Youth Program B7310.1 . 1,389.11 RESOLUTION#07-059- 2007 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 2007 Budget Transfer: Highway Fund-Part Town: From: Workers Compensation DB9140.8 $285.08 To: Health Insurance DB9060.8 285.08 Gary Coats, Code Enforcement Officer - Presented his monthly report for the Board's review. New State Code Books have been received. He gave a report on the Muka property on Lick Street saying that it is secure for the winter; structural things are done; the kitchen is on site although not installed; and the interior is about 75% gutted with all new floors. Mr. Muka is working by himself and making substantial progress. It is a now a secure building for the first time in 5 or 10 years. The Planning Board will be entertaining an application for a not-for-profit cemetery on Chipman Corners Road. Mr. Coats has asked Attorney Monty, Highway Superintendent Rick Case, and someone from the New York State Division of Cemeteries to be in attendance. It is also Mr. Coats' understanding that regardless of what the Planning Board decides, the Town Board will have the final say on approval of the cemetery. Barbara Clark, Planning Board Chair, was present and spoke briefly to the Board. Her husband, Councilman Clark, is sexton of the Groton Rural Cemetery so they have both had a lot of experience in cemeteries. She feels that the applicant for the proposed cemetery does not really know what he is getting into or understand the amount of work and upkeep that would go along with it. Further discussion took place on the cemetery, upkeep of the cemetery and such things a perpetual care. The Board was concerned that the applicant show how he intends to make sure that care of the proposed cemetery will continue so that it doesn't revert to the Town to care for. Richard C. Case, Jr., Highway Superintendent - At the present time the shop is on schedule with the preventive maintenance program, heavy duty New York State Inspections and repairs. Town Board Minutes Page 4 September 11, 2007 We have been fortunate with little tree damage on Town roads during the last two high wind events. There was, however, some shoulder damage. Repairs of these high run-off areas are nearly completed. Roadway surface treating has been completed on Sears Road; Lick Street, from Route 222 to South Main Street; Elm Street, from the Village line to Salt Road; and Davis Road, from Champlin Road to Lafayette Road. I have received 3 quotes for airflow sanders. Seneca supply has the lowest quote and I would like to request that the Board make a resolution to make these purchases. Supervisor Morey asked Mr. Case about the use of bio-fuel and Mr. Case said that he really wasn't interested in it at this time because there seems to be a loss of power when using it and it also has a tendency to gel during cold weather, which would create a big problem for the Town vehicles. He feels that it is a warm weather fuel and that it might be best to what until after further testing is done on it. RESOLUTION #07-060 -PURCHASE TWO AIRFLOW SANDERS MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the purchase of two Airflow Sanders from Seneca Supply: One 14' Sander for$6,500.00 and on 13' Sander for$6,325. RESOLUTION #07-061 -PERMISSION TO TAKE TRUCK 21 TO MUNICIPAL AUCTION MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby gives permissions to take Truck#21 to the Municipal Auction to be held in Lansing, NY. April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly report for the Board's review. The Clerk's Office is hosting a New York State Archives workshop on September 25th a the Town Hall. The Tompkins County Town Clerks Association has a meeting tomorrow with Kathy Wright from New York State Ag & Markets to discuss alternatives to dog control rather then to continue to contract with the SPCA. Supervisor Morey asked that Clerk Scheffler get all the information she can and report back to the Board. Town Board Minutes Page 5 September 11, 2007 Victoria Monty, Attorney for the Town - Had nothing to report A. D. Dawson, Town Justice - Monthly reports were presented for Justice Dawson and Justice Norman. Justice Dawson told the Board that he and Clerk Scheffler would be having their second session of "Dog Court" on the next night. They will be continuing this once a month in the hope of getting people to court on dog problems and also getting them licensed at the same time. He also told the Board that the Court has seen a lot more civil cases this year. Last year there were 21 and so far this year they have 73. He extended an invitation to the Board to come into Court anytime and observe and see what was going on. RESOLUTION#07-062 - COURT CLERK TO ATTEND CONFERENCE MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves payment of expenses for the Court Clerk, Peg Palmer, to attend the Court Clerks Conference, September 29 - October 3, 2007 in Tarrytown,New York. Councilman Donald Scheffler, as Recreation Coordinator - The summer recreation programs all went smoothly this year. Things seem to be settling down and we have programs figured out, how to run them and how to work them. We will be planning soon for Halloween and Winterfest and few other programs over the winter. Marion Zubel has resigned from our committee because she has become School Board President and Chris Montreol has joined the committee as a School Board Representative. On a sad note, Viola's mother passed way last week and our thoughts and prayers are with her at this time. RESOLUTION#07- 063 - 2008-2023 INTERMUNICIPAL RECREATION PARTNERSHIP AGREEMENT MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the Town of Groton is currently a member of the Intermunicipal Recreation Partnership and WHEREAS, the Recreation Partnership has been an excellent model of intermunicipal collaboration which enables the Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield, and Ulysses, the Village of Lansing, and the City of Ithaca and Tompkins County to jointly plan, finance, and share a more diverse set of high quality recreation programs than any single municipality could offer on its own and WHEREAS, the current Intermunicipal Recreation Partnership Agreement will end December 31, 2007 and Town Board Minutes Page 6 September 11, 2007 WHEREAS, the Recreation Partnership Board, comprised of representatives from participating municipalities wishing to continue this innovative partnership, has reviewed the current agreement and voted on June 7, 2007 to adopt the attached, updated Agreement for the period January 1, 2008 through December 31, 2012, and WHEREAS, municipalities in the Recreation Partnership value Tompkins County's commitment to building collaborative intermunicipal solutions to meeting needs of youth, and Tompkins County's contribution is essential in enabling smaller municipalities to participate affordably, and WHEREAS, the Agreement must be approved by the elected board of each participating municipality to take effect, now therefore be it RESOLVED, that the 2008 - 2012 Intermunicipal Recreation Partnership Agreement is approved and further RESOLVED, in approving the Agreement, the Town of Groton agrees to abide by its terms and conditions and further RESOLVED,that the Town of Groton strongly urges Tompkins County to maintain its keystone financial and planning support for the Recreation Partnership and further RESOLVED, that a copy of this resolution be sent to the Recreation Partnership Board care of Tompkins County Youth Services Department at 320 W. State Street, Ithaca,NY 14850. RESOLUTION#07-064 -ACCEPT 2006 TOWN AUDIT MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby accepts the 2006 Audit of the Town of Groton's Financial Statements as presented by Mondorf& Fenwick, PLLC. RESOLUTION#07-065 -ACCEPT 2006 TOWN JUSTICE COURT AUDIT MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED,that the Town Board hereby accepts the 2006 Audit of the Town of Groton Justice Court Financial Statements as presented by Mondorf&Fenwick, PLLC. Town Board Minutes Page 7 September 11, 2007 RESOLUTION #07-066 - ZBA MEMBERS TO ATTEND CONFERNCE MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves payment of expenses for Zoning Board of Appeals Members, Lyle Raymond and Steve Thane to attend the New York State Planning Federation Conference in Saratoga,NY, October 7 - 9, 2007. Supervisor Morey announced that the Peruville Cemetery Association will hold a meeting on Saturday, September 29, 2007, at 1:00 PM, at the Groton Town Hall. Anyone having questions should call Terri Vantine at 607-347-4908. Terri Vantine, secretary/treasurer of the Peruville Cemetery Association,was present to talk to the Board about the Peruville Cemetery. The Division of Cemeteries had contacted the Cemetery Association concerning a letter they had received about the upkeep of the cemetery and the inability to locate two gravesites in the cemetery. The record keeping on these old cemeteries is minimal, at best, and the record book that Ms. Vantine has is written in pencil and very hard to read. There may be other books at the Groton Historical Society with other information in them. Ms. Vantine is the youngest member of the association, with most members being into their 80's. Since there are no more lots available, there seems to be very few people interested in the cemetery. Mowing has become a problem. There has also been damage from horses that have been allowed into the cemetery and from fallen trees and branches. Last year Cynthia Craig from the Division of Cemeteries came to investigate. There was an issue at the time because the person who was mowing could not do it anymore and it had not been mowed the usual three times that it is usually mowed in a year. Before this year, they were able to hire someone for $135 per time to mow the cemetery. This year some people were coerced into mowing it for $225 each time. They also removed some down trees and repaired some stones which has cost over $500. Financially, the Cemetery Association has $3000 in a CD and about $1300 in a savings account. Five people pay perpetual care at $10 per person. This is the first year that they have had to take money out of their savings to pay for such things as mowing and repair but with no more lots to be sold, there will be very little future income, and they will continue to use up what money they have. They were requesting that the Town of Groton consider making a yearly donation to cover the cost of mowing, which is $675 for the year. The purpose of the meeting to be held on September 29th is to attempt to reorganize and hopefully get some new people involved who could help with the work and possibly apply for grants to keep the cemetery going and in good repair. The alternative would be to turn the cemetery over to the Town. They do not wish to do that but it may come to the point where that is the only choice. That is also one of the reasons they are requesting some financial assistance from the Town. Supervisor Morey said that the situation would be discussed by the Board during their upcoming budget work sessions. Town Board Minutes Page 8 September 11, 2007 RESOLUTION #07-067 - ACTION ON RESIGNATION OF TOM TYLUTKI MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board recognizes and regretfully accepts the resignation of Tom Tylutki from the Town of Groton Zoning Board of Appeals. RESOLUTION#07-068 - BUDGE WORK SESSION SCHEDULE MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby sets the dates and times for 2008 Budget Work Sessions as follows: ➢ Thursday, September 20 - 5:00 PM - Court ➢ Monday, September 24 - 4:00 PM - Highway Employees 4:45 PM - Town Clerk ➢ Tuesday, September 24 - 7:00 PM -Highway ➢ Thursday, September 27 - 7:00 PM Announcements: ➢ Planning Board- September 29 - 7PM ➢ Public Hearing -Last night- Village Hall 7PM on Village IDA and new business ➢ Mclean Community Council - September 12 - 7PM ➢ Work Shop with Jeff Bercuvitz - October 11 - 6-9PM at the Human Services Building in Ithaca There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler at 8:34 PM. Unanimous. April L. Scheffler, RMC Town Clerk