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HomeMy WebLinkAbout2008-09-09 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, SEPTEMBER 9, 2008 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: Chris Dempsey, Chris Muka, Jacalyn Spoon, Matt Cooper, Gary Coats, Elizabeth Brennan, Richard C. Case, Jr., April Scheffler. MOVED by Councilman Sovocool, seconded by Councilman Gamel, to approve the minutes of the August 12, 2008 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 247-270of the General Fund in the amount of$19,986.93 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 147-164 of the Highway Fund in the amount of$22,968.72 were presented for audit. MOVED by Councilman, seconded by Councilman, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Privilege of the Floor: Chris Dempsey, from Dempsey Insurance was there to talk to the Board about the Excellus Blue Cross/Blue Shield health insurance. He was proposing that his insurance company take over the Town's account and administer it. The Town presently has an old plan and Mr. Dempsey presented a new plan that would save the Town some money. The new plan would have no deductible but would have co-pays for some services. Town Board Minutes Page 2 , 2008 Liz Brennan expressed her opinion that the Town currently has the best possible plan and that there really is no comparison. We already have the premium plan where we don't have any cost and this plan would have co-pays. Mr. Dempsey felt that the big savings with the new plan would be in the cost of drugs. Supervisor Morey asked about pre-existing conditions and Mr. Dempsey said that they would just roll over into the new plan because it is the same company. The Board felt that they wanted to have time to consider the proposal. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk - Presented monthly reports for the Board's review. There were no budget transfers. Richard C. Case, Jr., Highway Superintendent - At the present time, the Highway Department is still dedicated to drainage projects. The excavating, culverts and rip-rap placement is 80% completed on Cemetery Lane. The drainage system is functional and appears to be working. We have moved to the drainage problems on Steven Road. As you know, the bridge in McLean was closed on September 8th which is creating a lot of traffic on Cemetery Lane to Salt Road. I felt it would be safer to move off Cemetery Lane for the time being. Shoulders have been placed on Elm Street, finishing this project for 2008. The shop is busy with repairs, PM Program, and planning for the winter change over. I feel the Highway Crew has been very productive with the summer projects and has shown a lot of pride in the quality of work they have performed. We are looking forward to a long fall in hopes of finishing current projects before snow plowing begins. At this time, I would like to request a resolution to purchase a 2009 Model #390 offset flail mower that can be attached to either of our presently owned tractors and will replace our 1971 model that has a lot of miles and is proving not to be very reliable. RESOLUTION#08-049 - PURCHASE OFFSET FLAIL MOWER MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the purchase of a 2009 Model #390 flail mower on New York State Office of General Services Contract #PC62728 in the amount of $4,129.52. Gary Coats, Code/Fire Enforcement Officer - Submitted monthly reports for the Board's review. We've dedicated the month of September to our annual fire safety inspections. We're well through half of it. It's never gone smoother and I have to thank Debbie Lane for that. She made some changes in it and really made it function a lot easier for me. All I have to do is show Town Board Minutes Page 3 , 2008 up and do the inspections. I'm very happy with that. We'll definitely be done with them by the end of the month. Building permits still continue to come in. There's going to be at least four more new homes. There's a lot of activity out there. April L. Scheffler, RMC, Town Clerk/Tax Collector - Submitted monthly Town Clerk report and Country Acres Pet Services report. The office has been very busy with hunting licenses. Victoria Monty,Attorney for the Town - Had nothing to report. John Norman & A. D.Dawson, Town Justices -Were not present. Councilman Donald Scheffler, as Recreation Coordinator - Meeting was postponed until tomorrow, so had nothing to report. Discussion on Chris Muka Property: Supervisor Morey invited Mr. Muka to come forward. Supervisor Morey- We understand what's going to happen. Do you understand it? Mr. Muka - Yeah, we've come up with a proposal but I don't have a final draft, of course. As far as this goes, it gives me the opportunity to do the things on this list, items one through six. I think I'm going to try to get them done before October 13th of this year and get a Certificate of Occupancy. The only problem that I see which doesn't necessarily omit anything on the list or cause too much trouble, I have limited funds and I'm going to put all of that into finishing, to get the Certificate of Occupancy. So, how soon I can actually pay the taxes and pay the assessment of$878, won't be before October 13th, that's for sure. It may be more like 3 months for me to be able to get those. But that doesn't stop me from getting the C/O and getting things done before the 13th. It would only restrict me from approaching Mulvey to get the court thing taken care of. Supervisor Morey - I don't think we asked for any specific date that you'd have to pay for it other than before you close on a house, correct Gary, the $878 for asbestos testing? Mr. Coats - We're going to assess that to the taxes and recoup that at some future date. If this goes beyond October 13th, Chris needs to get a new building permit, and that's when it's going to kick in that he has to have the taxes paid. But he's confident that he is going to have it all done by the 13th so there will be no need for a new building permit. Supervisor Morey- Yes, that will be in the resolution. Do you understand the terms? Mr. Muka - Yes. Supervisor Morey- Do you abide by these terms? Mr. Muka - Yeah. I have one other question though. Between now and whenever, can I offer the house for sale, because that's not in there anywhere? Supervisor Morey- Well, the thing is, you're going to have to get Judge Mulvey's approval. Town Board Minutes Page 4 , 2008 Mr. Muka- Right, exactly. So, I have to do everything on this Supervisor Morey- You know, I don't think we asked very much..... Mr. Muka - No, this will work. That's fine. I think this is okay and I can work with it. But I can't sell it before I get a C/O and do all that other stuff. Okay, that's fine. Supervisor Morey - Do you agree with the terms and is it correct to assume that you're interested in selling the property and that you have no intentions to live in the house locatedon Lick Street in Groton,New York? Mr. Muka - I have no intentions in what? Supervisor Morey - You have no intentions in living in this house. Before, in the past you said you wanted to live here; you wanted to come off the grid. But it's not your intention to live in this house, correct? Mr. Muka - I may, so I don't want to be limited to not have that option. I want to be able to sell it to someone and to also live there if I choose. Mr. Coats - The number of people interested in purchasing this property with the C/O that we could be offering on October 13th would be a very limited few because this C/O will be very unique. It will be one of the most unique I've ever signed because there is no requirement for electricity, no requirement for indoor plumbing, all of which are not required by New York State Code on single family homes. So, somebody looking at this is going to know right up front that they don't have electricity. They do have a septic, but they have a privy. But it's all to Code standards. Mr. Muka - Which would be great for some buyers who might want to come in and renovate it to their desire. Supervisor Morey - One other question: Are you being forced or coerced in any way to agree to these terms? Mr. Muka -No, I am not. Supervisor Morey - And you understand that you are responsible, you, yourself, to contact Judge Mulvey at your expense to reverse his judgment and that the Town of Groton responsibility is only to amend our procedure of closure on the property, is that correct? Mr. Muka -I understand. Supervisor Morey - So, you're not going to come back and think that we're going to do anything Mr. Muka -No. Councilman Gamel - The bond will not be released until the other work is done and the C/O is issued? Town Board Minutes Page 5 , 2008 Supervisor Morey- There is no time frame for the $20,000 bond to be released, right Gary? Mr. Coats - I see no reason for the Town to have any interest in the bond any longer. We took the bond to make sure the house became presentable and safe. All those things have been taken care of. So, if we had to do it or if nothing was done, we would still have the money to demolish the house. That's not going to happen. The house is safe and secure and presentable. So, I see no reason for the Town to have any interest in the bond. RESOLUTION #08-050 -ALTERATION OF STIPULATION AGREEMENT BETWEEN THE TOWN OF GROTON AND CHRISTOPHER H. MUKA MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, Christopher H. Muka is the owner of real property located at 924 Lick Street (Tax Map No. 16.-1-16.1) in the Town of Groton, County of Tompkins and State of New York (hereinafter"subject premises"); and WHEREAS, the Town of Groton was awarded an Order, dated November 30, 2005, by the Tompkins County Supreme Court directing the demolition and removal of the subject premises; and WHEREAS, the Town of Groton and Christopher Muka entered into a stipulation, dated October 17, 2006, with respect to the subject premises whereby Christopher Muka was afforded the opportunity to renovate the subject premises; and WHEREAS, said stipulation required, among other things, that Christopher Muka obtain a performance bond in the amount of$20,000.00; now, therefore be it RESOLVED, that the following items must be completed by Christopher Muka on the property located at 924 Lick Street (Tax Map No. 16.-1-16.1) in the Town of Groton prior to the issuance of a Certificate of Occupancy by October 13, 2008: 1. Installation of functioning smoke alarm(s) and carbon-monoxide detector(s) in accordance with the Residential Code of New York State; 2. All windows and doors must be made secure; 3. Insulation placed throughout building, R-19 in walls and R-38 in ceilings, where possible; 4. The roof must have no leaks; 5. All exterior doors must be accessible from the ground in accordance with the Residential Code of New York State; and Town Board Minutes Page 6 , 2008 6. Exterior of the house to be painted a "common color scheme" as determined by the mutual agreement of Christopher Muka and the Town of Groton Code Enforcement Officer; and be it further RESOLVED, that in the event the above-listed items are not completed by October 13, 2008, Christopher Muka will be required to apply for a new building permit and show proof that all real property taxes and school taxes with respect to the subject property have been paid before such a permit will be issued; and be it further RESOLVED, that the Town of Groton, in accordance with section 11 of Town of Groton Local Law Number 1 of 1981 and the November 30, 2005 Order of the Supreme Court of Tompkins County, shall assess the sum of $878.00 against the property located at 924 Lick Street, Groton, New York (Tax Map No. 16.-1-16.1) for the asbestos assessment completed by the Town of Groton on the subject property , which sum shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy; and be it further RESOLVED,that the performance bond in the amount of$20,000.00 shall be released; and be it further RESOLVED, that upon the completion of the above listed items, the issuance of the Certificate of Occupancy and proof that all real property taxes and school taxes with respect to the subject property have been paid, the Town of Groton will not oppose the application by Christopher Muka to have the order of the Hon. Robert C. Mulvey dated November 30, 2005, terminated. RESOLUTION #08-051 - SET BUDGET 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 following dates and times for 2009 Budget Work Sessions: Wednesday, September 17 5:00 pm- Court Thursday, September 18 4:00 pm - Highway Employees 4:45 pm- Town Clerk Tuesday, September 23 7:00 pm - Highway Thursday, September 25 7:00 pm Tuesday, September 30 7:00 pm Town Board Minutes Page 7 , 2008 RESOLUTION#08-052 - SET DATE FOR SPECIAL MEETING MOVED by Supervisor Morey, seconded by Councilman Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby schedules a Special Town Board Meeting for Tuesday, September 30, 2008 for the Town Clerk to present the 2009 Tentative Budget to the Town Board. Announcements: ➢ Zoning Board of Appeals - September 17 at 7:00 pm ➢ Planning Board- September 18 at 7:30 pm ➢ Groton Fire Department Annual Inspection, October 5 at 11 am ➢ Rotary 70th Anniversary Meeting at the Benn Conger, September 18 at 5pm- 8pm ➢ The Public Development Loan was not approved. ➢ Benefit for Joel Stockton, October 4, 1-5pm at Moravia Fire Department. Joel is grandson of former Town Clerk of Cortlandville and broke his neck in an accident. ➢ McLean Community Council, September 10 at 7:00 pm RESOLUTION#08-053 -APPOINT JACALYN SPOON AS REPRESENTATIVE TO CNY RESOURCE CONSERVATION & DEVELOPMENT MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby appoints Jacalyn Spoon as the Town of Groton representative to the Central New York Resource Conservation&Development Advisory Board. There being no further business, Councilman Sovocool move to adjourn, seconded by Councilman Scheffler, at 8:09 pm. Unanimous. April L. Scheffler, RMC Town Clerk