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HomeMy WebLinkAbout09-07-2010 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, SEPTEMBER 7, 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 Fran Casullo, Attorney for the Town Also present: Patrick Jordan, Sue Bennett, Joseph Bennett, Phyllis Dague, Katherine Wolf, Peter Clark, Lynn Swearingen, Lisa Swearingen, Sandy Swearingen, Donna Simons, Pay Nyman, Steve Simons, George Miller, Hugh Keegan, Carol Keegan, Dewey Dawson, Gary Coats, Richard C. Case, Jr., April Scheffler, several other members of public with unreadable signatures. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes of the August 10, 2010 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 152-172 of the Highway Fund in the amount of $68,183.99 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Gamel, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 242-269 of the General Fund in the amount of $38,874.40 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. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk had submitted monthly reports for the Board's review. Town Board Minutes Page 2 September 7, 2009 RESOLUTION #10-048 - 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: Highway Fund, Town Wide: From: Bridges Personal Services, DA5120.1 $4313.64 To: Brush and Weeds, Personal Services, DA5140.1 4313.64 RESOLUTION #10-049 - 2010 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 2010 Budget Transfer: Highway Fund, Part Town: From: General Repairs, Contractual, DB5110.4 $1,026.97 To: Health Insurance, DB9060.8 1,26.97 Gary Coats, Code Enforcement Officer - Submitted monthly reports for the Board's review. Mr. Coats had received a certificate for his yearly training taken in April. The month had been very busy. Life Safety Inspections are about 3/4 of the way done and will be finished this month. Richard C. Case, Jr., Highway Superintendent - Currently the shoulders have been applied to Spring Street Extension and West Brown Road. Tomorrow we are scheduled to seal Spring Street Extension and West Brown to Townline Road. Crossover pipe has been replaced on the South end of Bossard Road. That's all back in and the road is open. The shop remains busy with repairs and New York State vehicle inspections. Friday was the last day of the Town's youth workers program. Chris Graham, Don Evener and Quinn Walpole were the participants this year and they did a real good job. I was glad to have them as help. At this time, I would like the Board's permission to go to bid for one new 3 Y2 cubic yard wheel loader. This will replace our current 1995 John Deere loader, 3 Y2 yards and has 7,325 hours. This John Deere would be placed in trade towards a new machine. This new machine was budgeted as an encumbrance for this year, 2010. RESOLUTION #10-050 - PERMISSION TO GO TO BID FOR WHEEL LOADER MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby grants permission for the Highway Superintendent, Richard C. Case, Jr., to go out to bid for one new 3 Y2 cubic foot wheel loader with the trade-in of the 1995 John Deere wheel load as part of the deal. Town Board Minutes Page 3 September 7, 2009 April L. Scheffler, Town Clerk/Tax Collector - I provided you with a letter about the plans for the Town Clerks, the SPCA and Tompkins County to create a County Animal Population Control Program so we can keep our population control funds here in our own communities after January 1 when the new State legislation goes into effect. Abigail Smith will be writing up a plan and we will all be meeting again before the end of September to continue to work on it. I am hoping that you will pass the resolution tonight in support of creating this program. The other thing that we will need to do is rewrite our local dog law to include the licensing legislation. We have been waiting for a sample law from the State and supposedly they should have something by the end of this week but none of us are holding our breath. The new state law that goes into effect January 1st is very poorly written, does not flow coherently and actually references sections that don't exist. Consequently, many of us, including myself, have been working on writing our own laws based on the state law and our existing dog control laws. Having worked for 2 Y2 years on our zoning, I have learned the importance of not just blindly cutting and pasting from samples and feel that we need to make this law pertain to Groton,just as we have done with the zoning. I hope to have a draft ready for you by the time we meet for our budget workshop or, if you prefer, we can schedule a work session just on dogs! Ideally, it would be nice to pass this in November so that we can get everything in place to send out renewal notices in December for January dog licenses. With somewhere around 2000 new dog laws statewide to be filed with the Dept. of State, it may also be wise to get it passed in November so that it is officially filed by January. If that isn't possible, we need to pass it no later than the December meeting or we will not have the authority to issue licenses or charge any fees after January 1. Hunting licenses went on sale in August. Last year the DEC raised prices significantly and also sold a very large amount of lifetime licenses before the price increase. We get very little commission from hunting and fishing licenses anyways and it seemed like most of the customers this year have been people who bought the lifetime licenses last year and are just coming in to get their doe permits, at no charge, and of course no commission for us. However, I did a comparison with last year and found something pretty interesting: Last year in August we took in a total of $9506 and received $207 in commission. This year we took in $3373 and received $186 in commission - only $21 less than last year! It seems the State is taking a much bigger hit than the issuing agents. I can't help but wonder what they will do next year to make up this deficit. Primary elections are next Tuesday, Noon to 9pm. They will be using the new voting machine. We will be hosting a State Archives workshop here on Sept. 29 on Providing Access to Records - this seminar will explore our responsibility to public access and use of records and how to balance that with the need to preserve those records. Town Board Minutes Page 4 September 7, 2009 RESOLUTION #10-051 - SUPPORT FOR CREATION OF A COUNTY ANIMAL POPULATION CONTROL PROGRAM MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the New York State 2011 Budget contains new legislation concerning dog licensing and Animal Population Control Funds, and WHEREAS, the new legislation gives a county the authority to create its own Animal Population Control Program, thereby receiving the Animal Population Control Funds collected within such county, and WHEREAS, the Tompkins County SPCA and the Tompkins County Town Clerks Association have expressed a desire to create a plan for Tompkins County Animal Population Control , and WHEREAS, the Tompkins County Administrator has indicated that the County would be in favor of such a plan, and WHEREAS, the Town of Groton is in favor of such a plan, therefore, BE IT RESOLVED, that the Town Board of the Town of Groton designates April L. Scheffler, Town Clerk, to represent the interests of the Town of Groton in the creation of a Tompkins County Animal Population Control Program, with the understanding that final determination and approval rests with the Town Board. A. D. Dawson, Town Justice - Presented monthly reports for himself and Justice Norman. Councilman Donald Scheffler, as Recreation Coordinator - Had nothing to report as their meeting had been postponed until the next night. Privilege of the Floor: Supervisor Morey - If we are going to be talking about the thing that is going to happen Saturday night, Mr. Eckert has hired a lawyer, you have a lawyer, we have a lawyer, so that's how we're going to communicate everything about this issue, through our lawyers. Sue Bennett - So, I was going to ask, based on what Fran said, because I know people have questions you might be asking you might be answering some of those questions at point number 8 so that so that, could you delay privilege of the floor until after number 8 in case they still have questions? Supervisor Morey - If they do have questions, I usually let them ask the questions afterwards. Attorney Casullo - What I also think it's safe to assume, just so you know, Sue, this the newest version of the code and there has to be another public hearing, so you're going to get plenty of time to speak about this because there has to be at least one more public hearing. Also, as I told you (the Board) this has to go back to your Planning Board and the County for further recommendations. Katherine Wolf- Just for clarification, are we not allowed to speak then about....? Town Board Minutes Page 5 September 7, 2009 Supervisor Morey - Oh, you can speak about anything but we can't answer anything because you have a lawyer, they have a lawyer, we have a lawyer. Katherine Wolf - Okay and then if I do want to speak on our Peruville issue should I do it now or should I wait till after? Supervisor Morey - No, go ahead. Katherine Wolf - Okay, I have three points I want to make regarding it. The first one is that this is not just Sue Bennett's issue and we've been hearing a lot of stuff about well this is just Sue Bennett, Sue Bennett, Sue Bennett. It isn't. It's a Peruville issue; it goes beyond Peruville. Many of the neighbors of the residents of that area very, very independently, without even knowing that Sue was bothered about it, talked about it, planned to address the Board on it and all this sort of thing. It's not Sue's issue. Supervisor Morey - The Town Board has never said that. We always have talked to Sue because she was elected leader and that's what you wanted us to do. Katherine Wolf- Yes, but I just wanted to make it very, very clear that is not her issue.... Supervisor Morey - We understand that. Katherine Wolf - The other, another thing I've heard, people have heard, is that there are complaints from other people in the Town because we, the Peruville people, are holding up the passage of the zoning, whatever it's called, the zoning code. We didn't put it in there. It was initially being dealt with separately. It initially was presented the way the Board was going to deal with it was a separate ordinance and then it got put in there. Everybody's known that there's some big issues with the concert, with the whole issue here, and we have no desire to hold up other people going ahead with other zoning issues. We would just as soon see it out of there and dealt with separately. My last point is, I think many of us felt discouraged and sort of dismayed that we really feel like what we consider are very, very legitimate concerns about this really tremendous nuisance, this tremendous noise that is impinging itself over a very broad physical area seems to not, our position seems to not be responded to adequately by the Board. It doesn't seem like we have a lot of sympathy here. I would like to invite you all over to our places to listen to this concert when it comes up on the 1 1 th because it's going to be, we're all going to be listening to it. So, I'm just reiterating that it's a commercial activity that doesn't belong there and we've made many constructive decisions that we'd like to see incorporated. Joe Bennett - Just have one questions, you're current draft code ordinance, the September 2010 version, when will it be available to be reviewed? Supervisor Morey - As soon as we get it done tonight, it will be on the web tomorrow and available for copies afterwards. Patrick Jordan, Auditor- Presented the Board with copies of the 2009 audit, consisting of three documents, communication with the Board, the Groton Justice Court audit letter, and the financial audit report. He explained that their audit is an external, once a year audit and went over pertinent details with the Board. It was a very positive audit, books and documentation were in good order and readily available and the Town is in good financial shape. The Justice Court audit was also positive and no problems were identified. Town Board Minutes Page 6 September 7, 2009 RESOLUTION #10-052 - ACTION ON TOWN AUDIT FOR FISCAL YEAR 2009 MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the audit of the Town of Groton's finances for the Fiscal Year 2009 conducted by Ciaschi, Dietershagen, Little, Mickelson and Company, LLP. RESOLUTION #10-053 - ACTION OF TOWN JUSTICE COURT AUDIT FOR FISCAL YEAR 2009 MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the audit of the Town of Groton Justice Court finances for the Fiscal Year 2009 conducted by Ciaschi, Dietershagen, Little, Mickelson and Company, LLP. Supervisor Morey - Discussion on code regulations, what do we do? Attorney Casullo - This is the one that you want to go to the final Public Hearing, right gentlemen? Supervisor Morey - Yes. Attorney Casullo - This, April, are the changes that we last made and are now incorporated into this? It's within this? Clerk Scheffler- Right. Attorney Casullo - This is what you are saying is your final version and that is certainly your prerogative. It's got to go back to your Town Planning Board, pursuant to the current Code, for their comment and recommendation. Number two, it has to go to a number of different places, and April has done a great job of listing them all. My only question is, Groton borders the Town of Virgil? Clerk Scheffler- One corner, yes. Attorney Casullo - The other one, we have to notify the State if we are within 500 feet of any State Park or preserve? Clerk Scheffler said that we were not but would double check that. Attorney Casullo - I could check with DEC too. Also, remember, it needs to go back to Tompkins County Planning and they have 30 days and if they make recommendations that the Board doesn't follow or disagrees with, it has to pass by a super majority vote. You have to have a Public Hearing again on this and you have to have at least a 10 day notice. The public has to have an opportunity to be heard on this final version. I am assuming that you have declared yourself lead agency for SEQR purposes, correct? Clerk Scheffler- Yes. Attorney Casullo - As the lead agency, you're going to have to do the SEQR review and I think the long form may be mandatory. I think it might be safer to do the long form anyways. Do you have any questions? Town Board Minutes Page 7 September 7, 2009 Supervisor Morey asked about notifying people affected by changes to the zoning map. Clerk Scheffler said that she hadn't done it yet as she was waiting for the Public Hearing to be included in the cover letter, but everything is ready to go. She has the address database set up and there will be almost 500 notices sent out. They will get copies of the old map, the new map and a cover letter. Supervisor Morey asked about referring it to the Planning Board. Attorney Casullo said that since there were not a lot of changes in this last version that they could review it at their next meeting. Clerk Scheffler said she would send everything to them the next day since they have a meeting the following week. Some of the changes were things requested by the Planning Board. It was discussed whether to hold the Public Hearing at the Regular Monthly Meeting or at a Special Meeting. RESOLUTION #10-054 - SET DATE FOR SPECIAL MEETING AND PUBLIC HEARING ON DRAFT TOWN OF GROTON LAND USE & DEVELOPMENT CODE MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby sets a Special Meeting and Public Hearing on Proposed Local Law #1 for the Year 2010, entitled the Town of Groton Land Use & Development Code, on Tuesday, October 19, 2010 at 7:30PM at the Town Hall, 101 Conger Boulevard, Groton, NY and be if further RESOLVED that this Public Hearing may also include a State Environmental Quality Review (SEQR) and a determination may be made pertaining to environmental impact, and be if further RESOLVED, that the Town Board may take action to approve or disapprove the proposed local law during its Special Meeting. Attorney Casullo spoke to the Board about the long abandoned portion of Wickham Road that was being conveyed to Joan Portzline as the adjoining landowner. A quit- claim deed had been drawn up for this purpose. Clerk Scheffler had prepared a certified copy of the resolution made in August approving this transaction. The other item Attorney Casullo discussed with the Board was the proposed road "swap" between the County and the Town. County Law is very specific on the process but Town Law is not. After some research, he has found that it is very important to make sure that once a swap is made that the roads, especially the Town roads, are put on the County map. If not the whole process becomes void. Superintendent Case explained that it had to do with traffic flow and connecting roads to State roads. We own a section of Salt Road from Route 34B to Stevens Road and the rest is a County road. On Cobb Street, we own from Route 34B to Pleasant Valley Road. We have agreed to "swap" these for South Main Street Extension and Lick Street, which connects to South Main. The swap will be about equal in miles. Town Board Minutes Page 8 September 7, 2009 RESOLUTION #10-055 - SET BUDGET WORK SESSIONS MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby sets the following Budget Work Sessions: Tuesday, September 14 - 5:00pm - Court Wednesday, September 15 - 4:00pm - Highway Employees; 4:45pm -Town Clerk Thursday, September 16 - 4:00pm Highway Superintendent Monday, September 27 - 7:00pm Tuesday, September 28 - 7:00pm Announcements: > Planning Board Meeting - September 16 at 7:30 pm > Zoning Board of Appeals - September 29 at 7:00pm > Unwanted Household Pharmaceutical Collection - Saturday, October 16, 9:00am - 3:00pm at Tompkins County Consolidated Area Transit, 737 Willow Ave, Ithaca - will have convenient drive-thru. > McLean Community Council - September 15 at 7:30, McLean Fire Department There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:17 PM. Unanimous. April L. Scheffler, RMC Town Clerk Town Board Minutes Page 9 September 7, 2009