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HomeMy WebLinkAbout07-13-2010 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, JULY 13, 2010 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: Sue Bennett, Phyllis Dague, Joseph Bennett, George Miller, Pat Nyman, Tom Nyman, Sandra Swearingen, Lisa Swearingen, David Swearingen, Katie Woodward, Daniel Sudilovsky, Alexis Sudilovsky, Carol Keegan, Gary Coats, Elizabeth Brennan,April Scheffler. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes of the June 8, 2010 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 191-218 of the General Fund in the amount of$11,542.11 were presented for audit. MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 118-131 of the Highway Fund in the amount of$8,248.68 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk - Submitted monthly reports for the Boards review and requested a budget transfer. Town Board Minutes Page 2 July 13, 2009 RESOLUTION #10-38 -2010 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 2010 Budget Transfer: From: Contingency,A1990.4 .$648.97 To: Garage, Equipment, A1640.2 648.97 Gary Coats, Code/Fire Enforcement Officer - Submitted monthly reports for the Board's review. Building permits are coming in fast and furious. He is waiting for direction from the Attorney on the sign problem on Cortland Road. Richard C. Case,Jr. -Was on vacation. April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly report and Country Acres Pet Services report. Summer youth worker, Kerri Rhodes, is helping out in the office. She is a really nice girl and will be good help for the summer. Clerk Scheffler requested a resolution approving the summer youth workers. The part of the State budget containing the dog license legislation has passed and it is being turned back to the local level. The population control fund was rescued and will be turned over to a new entity to oversee the fund. Counties will also have an opportunity to create their own spay/neuter program which would be one way to keep our spay/neuter funds local. Clerk Scheffler is disappointed that they did not include an option for the local municipality to create its own spay/neuter program. The New York State Town Clerks Association is meeting with Ag & Markets for clarification on the new laws. RESOLUTION#10-039 -APPROVE HIRING OF SUMMER YOUTH WORKERS MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the hiring of one summer youth worker for the Town Clerk's Office and three summer youth workers for the Highway Department. Victoria Monty,Attorney for the Town - Had nothing to report. John Norman & A. D. Dawson, Town Justices - Were attending classes. They had submitted their monthly report for the Board's review. Councilman Donald Scheffler, as Recreation Coordinator - Currently, Groton Youth Soccer is running their summer travel program with 14 youth participating, and summer baseball has 3 teams playing. The Memorial Park pool is open and swim lessons are running smoothly. Boys and girls basketball and outdoor science adventure are running this week. Archery is next week, followed by tennis, karate, dance, soccer skills clinic, and golf. Concerts stared July 8th and each Thursday from 6:30 - 8:00. Sign up has started for youth football and cheerleading, which starts the end of August. Town Board Minutes Page 3 July 13, 2009 Privilege of the Floor: Sue Bennett - So, I just want to ask the same question I usually ask, if there was status on the Code revision. Is it still the same place it was last month? Supervisor Morey - Yes, it is. We just got a letter from your lawyer that Fran did not review yet. We're waiting on your lawyers and our lawyers. Sue Bennett - Did they do that other issue that was pending from last month? Supervisor Morey - The map is finished and we have another issue: that we have to get a letter out to all the people being affected by the new zoning map. Sue Bennett - There was another issue..... Supervisor Morey- The Planning Board review, that was taken care of. Clerk Scheffler - There were a few other typos and edits, which we will have available as soon as we get everything together and we'll have it online. Sue Bennett - So, when Paul and Scott and Fran get all done then.... Supervisor Morey- Yes,we got this about 10 minutes ago and we haven't even reviewed it. Attorney Monty - It was just faxed to our office and I brought it over. Sue Bennett - I know he thought Fran was going to be here. He didn't know Fran wasn't going to be here. So, I'd like to get clarification on something from last month's meeting: that Mr. Eckert had asked the Board if he could still have his festival in September since the Code wasn't going to be done. I think the Board's answer was something similar to, okay, as long as you follow it in spirit, that's as close as I can get without the notes. So, since he's already selling tickets online for the festival in September, I was just wondering if you could provide some clarification on that. Is the draft proposal going to be followed? I don't, it wasn't clear enough after last month's meeting so I just wanted to get clarification on that. Supervisor Morey - Fran has planned to go up and talk to him, but hasn't yet, to talk about your issues and his issues and everybody else's. We're trying to do the best we can possibly do and it's one of these issues that nobody's going to win and hopefully nobody's going to lose either. We know what your concerns are; they're the same concerns that we have. But we're talking about people's rights and we're trying to make everybody's rights heard. Sue Bennett - So, since there is a draft, though, wouldn't it be possible to follow the draft? Supervisor Morey- That's what we hope he will do. Gary Coats -He's offered to do that. Supervisor Morey- You were here last month, weren't you, Sue? Town Board Minutes Page 4 July 13, 2009 Sue Bennett - I was here but in the spirit of it, doesn't mean can I come down and look at his application. I mean, to me, in the spirit of it, in his mind is he going to follow it or is he really going to follow on paper? I guess that's where I am on that. Supervisor Morey- Gary is going to follow through with it. Sue Bennett - Because if he's willing to follow it in spirit I would think he would be willing to follow it in its entirety and then give you the proper paperwork. Supervisor Morey - Gary will be following through with it and make sure that he as all the approvals and notifications out. It's going to be from 10:00 - 10:00. It's only one day. Sue Bennett - My point to it all is there's reasons why this was developed, we haven't all spent the last 10 months working on this to have it be ignored, so that's why I wanted to ask that question. So, hopefully the two lawyers will get this all worked out and you guys can input on whatever they think too. So, I do want to cover something though. There seems to be a perception that I'm the only one still behind this and I wanted to clarify that because I'm not. Supervisor Morey- I know. April got a letter today Sue Bennett - From Hugh,he couldn't attend. Supervisor Morey - I realize that, but he's accusing us of that but we don't think that. We think that the people who signed that petition are all in one group. But there is also the petition that we had from the other side too.... Sue Bennett - ....don't take me to that petition.....we talked about that petition.... Supervisor Morey- .Okay, Sue, Sue Sue Bennett - ....there's 20 people who live in the Town of Groton on that petition. Supervisor Morey - We understand that you are the chairperson and that's all we know and we know that Sandy is the co-chairperson. Sue Bennett - Well, Paul Tavelli's interpretation from his meeting with Fran, that April attended, was that April alluded to the fact that I am the one that's pushing this. Supervisor Morey - No, you're the one, only because you're the chairperson. That's all she meant. Sue Bennett - But that's Paul's interpretation. Clerk Scheffler - The question that was asked was how many complaints actually came in and I said that I don't know of any person who actually called here and complained except for you.... Sue Bennett - Right, and he was mislead to that too. I told him you lied to him, April. Clerk Scheffler - I didn't lie to him. I didn't know of any other calls that came in here Town Board Minutes Page 5 July 13, 2009 Sue Bennett - But we discussed that at previous meetings; it's noted in the minutes from the past, so that it's clearly in the minutes on who's called the police and who's called Glenn. Clerk Scheffler - Who called here, initially... Sue Bennett - Yes. Clerk Scheffler -No, I said called my office or Gary's Sue Bennett - Well, that's not his interpretation of that either. Clerk Scheffler -Well, I'm sorry if he misunderstood that. That was the answer that I gave him. The question was who had called these offices, not Glenn, not the police, my office, Gary's office. And Gary said this morning that he had never talked to you on the phone. Sue Bennett - Okay, well, I'll talk to him again tomorrow. So, that's why the neighbors are here. The neighbors are here so you can see that people are still behind this. Clerk Scheffler - I did not allude that I thought that you were the only person involved. Supervisor Morey - Sue, we realize that, the Board only considers you as the co-chairman because that's the way you wanted to do it. Sue Bennett - That's the way we agreed to do it, not me. Supervisor Morey- Okay, that's what you told us. Sue Bennett - We agreed that I would represent the neighbors. Supervisor Morey- Exactly. Sue Bennett - Alright, I just wanted to make that perfectly clear. Daniel Sudilovsky - I'm immediately behind the Eckerts. I just wanted to apologize for not being able to attend these meetings. I have professional obligations on a medical executive board of a hospital that conflicts directly with this meeting. They cancelled this week, so I'm here. I'm on vacation as well. I continue to support limiting these events. However, I want to point out, and Gary you may want to look at this, what is built up on the property this year relative to last year is dramatically bigger. So, indeed, there is an idea that there will be some temperance at these events so that we can live with it and they can do what they want to do. It's going the other direction. I can look right over my back property line and I see lights, I see stages, I see sound systems being built up. This is not something that is being tempered so that we can compromise and all live with this together. Zoning attorneys, that's a start. That's only the start. So, we'll see what they can come up with. If they can come up with something that we can all live with, that's great. If this does not get to something that we can all live with then it's going to have to go further. Gary and I, and I have great respect for Gary, and I think he's been very open with me about this. I just wonder how one person is going to actually go into this. If you look at what is actually being built up there, this is now a professional level entertainment venue that's being built off of my back pasture and in somebody's farm. I don't see how one person is going to be able to enforce any sort of Code if you've got 1000 drunk people at that Town Board Minutes Page 6 July 13, 2009 event. And when Gary and I spoke about it, it was essentially his assertion that he was the man that was going to enforce this Code on the spot while this event was going on. I don't know how anybody could do that. So, I mean that I think that you really need to take a realistic look. You need to take a tour yourselves at what's being built there. Maybe, would you want that behind your property? And have him turn it up and play you a set and see what it sounds like. This is something, this is my home, this is right by my house, right behind my house. It's a half mile away and my house was rattling off its foundation and it's been there for 150 years so it's not one that's easy to rattle. I think that you really need to look at what's going on and what he tells you and what's actually going on up there, read what he writes on the internet, you'll see what we're actually dealing with. But I'm absolutely committed to making this something that is acceptable for a family neighborhood, which is what this is. Supervisor Morey - All those concerns were things that Fran was going to talk to him about, the internet, the size of the place and things like that. Mr. Sudilovsky - This is not a venue that is being built up for 200 people. This is a venue that's being built up for 5000. Take a look at it. I look at it over my property line everyday and I know what a big concert venue looks like and I don't think this guy is taking you seriously that we are serious, and we are. Supervisor Morey - Anyone else? If not, we'll move forward. Thank you, and your concerns are being heard, and we are not afraid to compromise with you and make sure that you're happy with what we have. A discussion took place concerning the requirement from the State Retirement System that standard work days be set for elected and appointed officials. Officials on salary who do not use time cards were required to complete a 3-month log of their time worked for the Town. From these logs, the Board must set standard work days and the number of days worked per month for reporting to the New York State Retirement System. The object is to make sure that officials are receiving the correct credit towards their retirement. Clerk Scheffler had provided the Board with a summary of all of the logs completed by those officials who are part of the Retirement System. The summary showed hours worked for each individual month for a three month time period, the average monthly hours, the resulting days per month using the State's formula for calculating this and the days per month that are currently being reported for each official. After each Board Member reviewed the figures, they discussed the issue and arrived at the following resolution. Town Board Minutes Page 7 July 13, 2009 RESOLUTION#10-040 - STANDARD WORK DAY AND REPORTING RESOLUTION MOVED, by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. BE IT RESOLVED, that the Town Board of the Town of Groton hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the Town Clerk: Participates Days/Month Standard in Employer's (based on Title Name Work Term Begins-Ends Time Keeping Record of Day System Activities) (Y-N) Elected Officials Supervisor Glenn Morey 6 01/01/2010 - 12/31/2013 N 12 Town Clerk April Scheffler 7 01/01/2010 - 12/31/2013 N 20 Town Justice John Norman 6 01/01/2007 - 12/31/2010 N 15 Board Member Ellard Sovocool 6 01/01/2010 - 12/31/2013 N 4 Board Member Richard Gamel 6 01/01/2008- 12/31/2011 N 4 Highway Richard Case,Jr. 8 01/01/2010 - 12/31/2013 N 20 Superintendent Appointed Officials Deputy Town Clerk Robin Cargian 7 01/01/2010- 12/31/2013 Y N/A Court Clerk Cindy Vicedomini 7 01/01/2010 - 12/31/2010 Y N/A Announcements: ➢ Planning Board, July 15 at 7:30 pm ➢ Zoning Board of Appeals, July 28 at 7:00 pm ➢ Senator James Steward speaking at Rotary Meeting, July 15 at Elm Tree Inn, dinner at 6:15 pm and speaker at 6:45 pm. ➢ McLean Monday Night Mysteries: o July 12, McLean Church Community Hall, 7:00 pm - Woman's Suffrage by Karen Pasterello o July 19, Cassavant School, 7:00 pm - Rural Schools by Marge Lacey & Liz Snyder o July 26 - McLean Fire Station, 7:00 pm - Railroads by Susan & Dan Cerrentani & Marian Strang o August 2, McLean Fire Station, 7:00 pm- McLean Bogs by Bob Beck Town Board Minutes Page 8 July 13, 2009 o August 9, McLean Church Community Hall, 7:00 pm - Civil War, 76th Regiment by Mike Brown o August 16, McLean Church Community Center, 7:00 pm - Verne Morton, Early Rural Photographer by Rosemarie Tucker&April Scheffler There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:07 PM. Unanimous. EMERGENCY MEETING Immediately after the close of the Board Meeting, someone commented on the information presented by Daniel Sudilovsky and the Board became concerned as to what Mr. Eckert was actually building on his property. Taking into consideration the request that they see for themselves what was there, the certainty of Mr. Sudilovsky that a venue for at least 5000 people was being built, and the urgency of his presentation to the Board, Supervisor Morey called an emergency meeting, with all Members, Council and Town Clerk present, and it was decided to visit the Eckert property while everyone was available. Not being able to all fit in one vehicle, three vehicles were used. At no time was there a quorum of Board Members in any one vehicle. Mr. Eckert and his son were at his garage/sound studio near the entrance to the festival grounds. Because of the terrain, the festival grounds were not visible from the property adjacent to the road and they escorted the Board, Supervisor Morey, Attorney Monty and Clerk Scheffler across the property and over a small hill to the festival grounds. There were no stages on the festival ground or anywhere else on the Eckert property. Mr. Eckert explained there is a stage they use that belongs to a friend of his and is portable. It is presently being used at the Cortland Fair and then will be used someplace in McLean before being returned to his property were it is parked while not in use. The stage is built on an old mobile home frame which is approximately 8' x 40' and has platforms that fold out to make it approximately 20' x 40' when set up. It also has a canapé for cover. The Board did see a fence of sorts, made from 2x4s and approximately 40' long, behind which the stage would sit, and which acts as a barrier to keep people from getting too close to the stage. The festival area was fenced off from the rest of the property with orange plastic fencing. Having been left in place since the festival last year, some of the fencing was sagging or had come down from the fence posts. Mr. Eckert said this would all be repaired before the next festival. The fencing delineated the main festival and vendor area, the BMX bike track, the horseshoe pitching area, the playground area and a restricted area where beer could be served. Mr. Eckert explained where the parking and camping areas would be. Mr. Eckert pointed out an area behind where the stage will set that had been originally planned for a go-cart track. However, he said he has decided not to build the track because it would be an expensive project and would not be worth putting the money into when it would only be used once a year. There were no buildings on or near the festival grounds. The only structures were a weathered, wooden swing/play set, an entranceway built from 6x6s, two light poles, each having three lights Town Board Minutes Page 9 July 13, 2009 on them, one pole with one light on it and two 4x4 uprights with small lights on them for a total of nine lights. There were also four picnic tables. None of these structures appeared to be new. There were no sound systems being built up. There were no speakers or broadcast system of any kind. There was no new fencing. There were no extra fence posts in the ground and no piles of fencing materials that would indicate that an expansion was taking place. Mr. Eckert said that some additional dirt had been brought in to make more and higher jumps in the BMX track area. Although it appeared that Mr. Eckert's entire property, including the festival grounds, had been mowed at least once this year, the weeds where about 3 feet tall along the fence lines, around and under the picnic tables, play set, horseshoe pits, and the "fence" in front of the stage area. This clearly indicated to the Board that nothing had been moved, removed, or added at least since the weeds started growing this year and that the only new thing since last fall's festival was the additional dirt. The Board returned to the Town Hall at 9:10 PM and adjourned with no resolutions or decisions having been made. April L. Scheffler, RMC Town Clerk