HomeMy WebLinkAbout1988-02-29Supervisor said Bob Dempsey would like to talk with Board again. Bob
indicated he has changed his quota of one million aggregate to two million
aggregate for a. total quote of $41,96?W*44. Bob explained-what his proposal
covered. The difference in the two quotes is $i,967, F. Bob said he could
not go any lower without giving up his cotiurnission.
Board members discussed. two proposals. Consensus was.that, the Town should
have pex occurrence policy and go with low quote which saves' the Thwn
almost $2000.00.
RESOLUTION NO, 6 ACCEPT LAWRENCE LITITEA CORPORA71CU
INSURANCE PROPOSAL FOR 1988
Noved by Mr. Cummings, seconded .by Mr. Sovocool.
Ayes - Cummings, Sovocool, Haynes
gay - Robinson
Abstain - VanBenschoten
RESOLVED, that the 'Down of Groton accept, Lawrence-United Corporation ' s
1h2 :Uiahce Proposal per "Summary of Proposed Coverages" 'total Package
Plus one Million Public Officials Liability and one million Umbrella
Liability
for a total cost of $40,000 annually.
Noved by Nor. VanBenschoten, seconded by Nor. Cumrai.n :�., to pay Voucher No.
4+ in the amount of $6,297.00 from Dates Chevrolet - Oldsmobile, Inc. for
1988.Chevrolet 010 pickup truck bid on February 8. Ayes - Sovocool,
Cumrni.n�s, Var,Benschvten, Haynes.. Robinson,
Discussed proposed local, law on sludge. Syracuse lawyers have prepared
law for Board to re;riew.
Moved by Mr. VanBenschoten, seconded by Mr. Sovocool, to schedule Special
Town Board Meeting To review Proposed Vocal Law No. I for 1988 for
February Z9, 19887 at 7 , . P.I . arid also to schedule hearing for same on
regular board meeting night, March 14, 1988, at 8:00 P.M. Ayes - Sovocool,
VanBenschoten, Cummings, Haynes, Robinson.
There being no further business, Mr. Sovocool moved to adjourn meeting,
seconded by Mr. Cummings, at. 12...30 P.M. Unanimous.
Colleen D. Pierson
Town Clerk
MINUTES OF SPECIAL TOWM BOARD MEETING HELD CU MONDAY, FEBRUARY 29, 1988
AT 7.00 P.M.
Those present: Teresa
Ellard
G=don
Donald
ca XI E.
Jack Fi
M. Robinson, Supervisor
L, Sovocool, Councilman
VanBensc;hoten, Caunci_lmati
E. Cummings, Counei.linan
Haynes, Coup oilman
tz erald, Attorney
Also present; Leland Cornelius, Cary Wood
purpose of meeting was to consider adoption of a local law to regulate
Solid waste. Board reviewed proposed local law, Environmental. Assessment
Review and other xelated mattekrs. The following resolution was
offered
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RF:SOLUrEGN NO, % - SOLID WANE
WHERMAS, the 'Town Board is considering the adoption of a local law
to regulate the manner an which solid waste is handled and disposed of in
the Town and, to regulate the mannex in which solid waste management
facilities axe operated within the 'lbw -a; and
WRRZAS� Local Law No. 1 - 1988, entitled "A Local. Law Regulating
Solid Waste Management Facilities" was introdu6ed. at this meeting of the
l s
bwn Board by Teresa M. Robinson; and
WHEREAS, no other agency has the legal authority or jurisdiction to
approve or directly under -'take the adoption'of a local law in this Town,
such that there axe no other involved agencies within the Meaning of the
New York State Environmental Quality Review Act (SEQR) with respect to
the proposed adoption of said Local Law, with the result that the Town
Board shah, act as lead agency in this matter; and
lYTMREAS, the adoption of said Loom. Law is an unlisted action for
purposes of environmental review undex SEAM; and
WHEREAS, the Town Board has determined that a short envi
m ronmental
assessM6nt form (EAF) shall be required in cannection with this inatter;
and
WHEREAS, the said EAF has been prepared and has been reviewed by
the "lbwn Boaxd; and
WHEREA , the Town Board has considered in the adoption of said
Local. Law the criteria contained- in o N . Y. C . R. R. Part 617. 11 and has
compared the impacts which Wy be reasonably expected to result from the
adoption of said Local Law against said crztex`ia; and
WHEREAS, the Town Board has also considered the potential and actual
impact's and effects which various farms of solid waste has or may have on
people acrd propex'ty within' the T )wn arid, in particular, the irnpac# and
effects which would -result if there were no xegulations in place to control
the manner in which such solid waste is handled and disposed of in the
Town, and has-identified the lack of such regulations as a serious area of
ooncerr with respect to the enR%rironment in the Town;
NOW, 'THEREFORE, on motion of Carl E. Haynes, seconded -by Ellard L.
SovocooJ., it is
RESOLVED AND DETERM16LNED that the proposed adoption of Local Law No. 1
1988 will have an effect on the environment but that such effect will not
be siGinificant under SEAR; that, accordingly, an enVironrnental impact
statement, sha.11 not be xequired; and that this resolution shall =istitute
a negative declaration under SE ; and it iE� fur'taer
RESOLVED AND DETER,]1NED that the -reasons fo7r the foregoing declaration
are as follows:
The adoption of proposed Local Law No-. 1 - 1988 will improve- the
environment in the Town by regulating the manner in which' solid waste is
handled and disposed of in the-Town arid, in particulax, by regulating the
manner in whlQh solid waste management facilities will be managed arid.
operated. Thus, the impact on the environment wily be a positive one rather
than adverse and therefore will not be "significant" undex SEA,
Wo substantial adverse change in air quality, ground or surface water
duality or quantity, traffic or noise levels will occur as a result of the
adoption of the proposed local law. In fact,, the regulations imposed by
the proposed local law should maintain air Quality by restricting the
er�ission of smoke and odors emanating from solid waste management facilities
and should protect -ground and surface water by strict'l'y controlling surface
wastx run off from such facilities. The proposed, local law also contains
;provisions regulating the use of motor vehicles for hauling solid waste and
restricts the hours of operation of solid waste management facili ties- to
tlrie daytime when noise interference with neighboring pz^operties will have
a lesser impact,
88
The proposed local law will not increase the production of solid waste
in the Town. It may cause an increase in the levels of solid waste which
are deposited in areas outside of the Topm. The Town Board would expect
the governing bodies having jurisdiction over such areas to enact their own
regulations, perhaps similar to the proposed local law, for handling solid
waste within their jurisdictions,
There will be no substantial increase in the potential for erosion,
flooding, leaching or drainage problems as a result of the enactment of
the proposed local law. Nor will there be any adverse affect on vegeta-
tion, fauna or wildlife. It is expected that enactment of the proposed
local law and the implementation of its provisions will minimize erosion,
flooding, leaching and drainage problems in and around solid waste manage-
ment facilities and will have a very positive effect on wildlife.
Adoption of the proposed local law will not attract large numbers of
people to particular places within the Town but may, over a period of
time, encourage people to move into-and reside in,the Town because of its
improved environment.
Adoption of the proposed local law will not create a material conflict
with the col7ununity's current plans or goals. The 'Town Board believes the
provisions contained in the proposed. local law are consistent with solid
waste management plans which have been developed by Tompkins County.
Adoption of the proposed local law will not impair the character or
quality of any historic, archaeological, architectural or aesthetic
resource or of an existing community or neighborhood, and will not result
in a major change in the use of either the quantity or type of energy. It
is expected that enactment of the proposed local law will do much to
protect farmland, a valuable resource, from possible temporary or permanent
contamination which could result from unrestricted spreading of certain
forms of solid waste.
The provisions contained in the proposed local law should greatly
reduce the likelihood of hazards to human health by strictly controlling
the manner in which solid waste management facilities are operated. Of
particular concern to the Town Board is the effect that unregulated
disposition of solid waste may have on (1) surface and ground waters
especially given the fact that so many people residing in the Town do not
have a source of public water and (2) agricultural land and food crops
given the fact that, according to some scientific experts, the spreading
of some solid waste on the land or its use as a fertilizer could result in
pathogenic organisms, heavy metals and other toxic substances being
introduced into the food chain.
Currently in the Town there is not wide spread use of land for
solid waste management facilities including the use of agricultural land
for the spreading of solid waste. The proposed local law will help
preserve this status and will regulate the manner in which land within
the Town is used in the future for the disposal or handling of solid waste.
Adoption of the proposed local law may create a demand for the
disposition of solid waste in other municipalities. Again, it is the
expectation of the Town :Board that the governing authorities of such
municipalities will adopt their own regulations to control the manner in
which solid waste is handled and disposed of. The Town Board is cognizant
of the provisions contained in Section 27 -0711 of the Ehvironmental
Conservation Law of the State of New York which would seem to encourage
local governments to adopt legislation to regulate the disposition of
solid waste and solid waste management facilities.
In its consideration of the foregoing the Town Board has considered
the long term, short term and cumulative affects of the adoption of the
proposed local law including its subsequent implementation and enforcement
and the affect it may have on all the residents of the Town and other
communities. In so doing, the Town Board has assumed the local law will
remain in affect indefinitely but will. most likely be subject to later
modifications and amendments as the 'Town Board becomes aware of issues
with respect to application of the Local Law to various individuals and
e
•
businesses and problems of enforcement and the like. . Of particular concern
to the Town Board are the long term and cumulative affects of repeatedly
spreading municipal sludge on valuable farmland and the resulting potential
build up of-heavy metals and other substances known to be harmful to humans.
Until more is known about the affect this will have on the health and safety
of Town residents, such activities must be strictly regulated. Those persons
desirous of operating solid waste management facilities in the Town will be
required to comply with relatively strict requirements and will, as a
result, incur some expense. Those persons desirous of bringing solid waste
into the Town from sources outside of the Town will be prevented from doing
so and will have to find other locations to deposit such solid waste. The
resulting inconvenience and expense to those few persons, although
regrettable, is necessary in order to promote the health, safety and enjoy-
ment of the greater number of Town residents. The Town Board has also
assessed the ability of the Town to regulate and. monitor solid waste
• originating from sources outside of the Town. The Town is essentially
rural in nature and. does not have a large tax base. The Totim Board has
serious reservations as to the ability of the Town to direct its manpower
and financial resources to regulate and monitor, not only solid waste which
originates within the Town, but also solid waste which is brought into the
Town from sources located outside of the Town; and it is further
RESOLVED, that•the Town Board conduct a public hearing as to the
adoption of proposed Local Law No. 1 - 1988 at the Town Hall on March 14,
1988 at 8 :00 P.M., or as soon thereafter as the matter can be heard, at
chick time all persons interested in the subject shall be heard.
The
question
of the
adoption
of the foregoing resolution was duly put
to a vote
and upon
roll
call, the
vote was as follows:
Ayes - El.lard L. Sovocool
Gordon C. VanBenschoten
Donald E. Cummings
Carl E. Haynes
Teresa M. Robinson
The foregoing resolution was thereupon declared duly adopted.
DATED: February 29, 1988
Supervisor Robinson attended meeting in Ithaca with Lansing Supervisor,
County Administrator and Chairman of the Board of Representatives to discuss
fees for retaining Environmental Attorneys. Groton has already invested
$5000 in a Geological Study of the Town. The final agreement was the County
would pay 60%, Lansing will pay 2242% and Groton will pay 1712% of the $12,000
originally budgeted. Supervisor indicated another $12,000 is being requested
for additional engineering services to build case to regulate solid waste.
Attorney Fitzgerald stated we have Munson to deal with on this hearing since
application was filed before we had law and he may be grandfathered. Munson
intends to store sludge in bunker and. project will be on going from year to
year.
The Village of Groton has inquired about renting our proposed new Court.
They are budgeting at the present time and would like a budget figure for
monthly rental through June 1, 19896
Moved by Mr. Haynes, seconded by Mr. Sovocool, to charge the Village of
• Groton $60.00 per month for Court room rental through June 1, 1989. Ayes -
Sovocool, VanBenschoten, Cummings, Haynes, Robinson.
Discussed Public Officials Bond. Was it included in Gary Cotterills
proposal or was Dempsey to continue to provide it? Board,members were
polled to see what their understanding was.
Aioved by Mr. VanBenschoten, seconded. by Mr. Cummings, that it was the
Boards understanding that Gary Cotterill of Lawrence United Corporation
offered the complete package (including Public Officials Bond) for a total
price of $40,000. Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson.
Discussed authorizing Architects McFarland- Johnson to proceed with final
plans and specifications for new Town Office Building. Entire project
is expected to cost around $350,000 of which the Town has approximately
two - thirds of. Board requested Supervisor to get cost figures before
taking any action. Tabled.
Discussed seized vehicle that the Town has been storing since August 27th,
Attorney Fitzgerald advised that the Ordex to release was- given on Feb.
and, that more than 10 days has elapsed and vehicle is still a.n Town's
possession ;and: therefore considered abandoned. Attorney would like to see
Board .take- a.otion .and use as a Iever .to obtain storage •fee. Town Clerk is
not to part with vehicle.
Moved4 by Mr. Gtuuinings, seconded by M7r. VanBenschoten, to authorize Supsrvi sox
to petition .Court to gave vehicle declared fox£eit because it wa.sn 't picked
Up. Within the ten .days after Order to release per Section 511 -b' of the
Vehicle & T±afflic Law, Ayes VanBenschoten, Cummings, Haynes., Sovocool-
Abstairieda - Robinson: •
Moved by Mr.. VanBenschoten, seconded by M2:. Cummings, ; 0 authorize
Gu27don Lockwood and Leonard Proper to attend'seminar fox Election 0ustodians
at the sHoliday Inn in Ithaca on MarcJi 12, 1988. Ayes - Cummings,
VanBenschoten, Haynes, Sovocool,•. Robinson.
'Isere being- no further business, Mrs VanEenschoten moved to adjouxn
meeting. at :.30 P. M. , seconded by Mr. Haynes. Unanimous
Colleen D. Piexson
Town Clerk
MINUTR3 OF TO0 BOARD NEE TING HELD MCgTDAY, .KARCI{ 14, 19881 AT . A P i
Those present: Teresa M. Robinson, Supervisor
Ellaxd L. Sovocool, Councilman
Gardon C. VanBenschoten, Councilman
Donald E. Cummings, Councilinan
Carl E. Haynes, CouncilriL n
Jack Fitzgexald., Attorney
Also present; Leland Cornelius, David Eastman, Rogex & Marilyn Hagen,
Linda Baldwin, E'dwa.rd Schelfler, Carl & Janet Scheffler,
Donald & Melody Schefflex
COIT•ectioh to minutes of February 8, 1988, Resolution Ro. 4 should read
r.1 5r,00 per day"a
Moved Mr. Van.Benschoten, seconded by Pfr. Cummimga, to approve minutes
of February- 8, 10, and -59 as corrected. Ayes - SO.vacoOZ, VanBenschoten,
CtujLmings, Xaynes, Robinson.
Claim 'Nos. 48 to 81 of the Highway Fund in the arnou•nt of $17,090.35 and
Claim Idol. 78 to 128 of the General Fund in the 'amount of $23,351.02 were
presented, for audit. Moved by Mr. Cummings, seconded by fli�. VanBenschoten,
that the bills be paid as presented. Ayes - Sovecool, Vain$enSChoten,
Cummings, Haynes, Robinson.
RESOLUTION NO. 8 - BOARD AUTHORIZATI94 TO PAY AUDITORS &
LEGAL SERVICSS OF KTVIR0IdME TAL ATTDRP; EYS
Moved by MT. Sovocool, seconded, by Ir. Cummings
Ayes - Sovocool, VanBenachoten,:,Cummings Haynes, Robinson
RESOLVED, that the Si. pervisor be authorized to pay- CiasChi , Die•ter$=
Hagen, SChaufler & Micelson (Voucher 116) for auditing 1985 and 1986
financial reports of the 'down in the amount of $x,930,00 from
Account No. A1340.4 and;
FUR'MER RESOLVED, that the Tbwn Share of legs]. aex`vicee provided by
Costello, Cooney and Fearon for Munson Sludge Project in•the amount.
of $1,2i.15 (Voucher 117) be paid to Tompkins County Budget and
Finance from Account Uo. B8020..41
Board meeting x•eoessed at 8:00 P.M. for public nearing on Proposed Local
Law ado. 1 for 1988 A Local Law Regu ating Solid baste Management Facilities.
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