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HomeMy WebLinkAbout06-09-1998 MINUTES OF TOWN BOARD MEETING TUESDAY, JUNE 9, 1998 AT 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Daniel J. Carey, Councilman Donald N. Palmer, Councilman Donald F. Scheffler, Councilman Francis Casullo, Attorney Also present: Richard C. Case, Mark D. Gunn, George Totman, Brenda Talbot, Erma Lyon, Beth Munson, Julia Munson, Mert Webb, Elaine Burin, Terry Sharpe, William W___?, Lee Shurtleff, Tim Burin, Sandy Bradly, Francis Ciccoricco, Joe Graham, Paul Robinson. Moved by Councilman Palmer, seconded by Councilman Sovocool, to accept the minutes of the May 12, 1998 Town Board Meeting as presented. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. LIZ BRENNAN, BOOKKEEPER- Absent. The Supervisor's report was handed out by Supervisor Robinson. Claims Nos. 120 - 147 of the 1998 Highway Fund in the amount of $11,699.20 Moved were presented for audit. by Councilman Palmer, seconded by Councilman Scheffler, that the bills be approved for payment. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. When the General Fund bills were presented, Councilman Palmer expressed concern about the payment to George Senter as consultant to the Zoning Office, and how this differed from payment as an employee. Supervisor Robinson explained that George Senter had retired from his position as Zoning Officer but had continued to act as a consultant until the appointment of the new Zoning Officer. As a consultant rather than an employee, Mr. Senter could charge a fee of up to $600 before a 1099 form would need to be issued and before this income would affect his retirement. Supervisor Robinson said that she had contacted the State offices in Binghamton for confirmation on this issue. Councilman Palmer thought that they should have this confirmation in writing to support their case should there ever be a question concerning this issue. Councilmen Scheffler and Sovocool expressed their opinion that it shouldn't be a problem with a temporary situation such as this. Supervisor Robinson agreed to get confirmation in writing. Supervisor Robinson referred to the bill pertaining to Norma Neville explaining that Mrs. Neville had been elected as President of the NYS Ladies Axillary Fire Department and the Town was going to put a page in the association's booklet. Claims Nos. 120 - 147 of the 1998 General Fund in the amount of $6,831.18, Claims Nos. 133 - 134 of the Special Grant Fund (HUD) in the amount of $907.30 Pg.2 - Town Board Meeting - June 9, 1998 and Claim No. 1 of the Capital Equipment Reserve Fund of $27,198.00 were Moved presented for audit. by Councilman Carey, seconded by Councilman Sovocool, that the bills be approved for payment. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Supervisor Robinson read from Liz Brennan's report that a final transfer of funds was needed for the fuel tank project and removal of contaminated soil. RESOLUTION NO. 30 - TRANSFER OF FUNDS FROM GARAGE TO GARAGE / FUEL TANKS Moved by Councilman Palmer, seconded by Councilman Carey, that the Town Board does hereby authorize a transfer of $2621.24 from Garage A1640.4 to Garage / Fuel Tanks A1640.41. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Privilege of the Floor: ELAINE BURIN- My name is Elaine Burin, and I live at 5 School Street, in McLean. I'm here this evening in regard to the ordinance that you are preparing. I just want to take a second to read off of this. Studies have shown a clear connection between SOBs, Sexually Oriented Businesses, and increases in crime such as rape, prostitution, child exploitation and victimization, increased health problems, lewd and lascivious acts, increased police and associated court costs, increased neighborhood blighting, pornographic litter, and reduced property values in which SOBs are located. Hard core video rentals, strip clubs, cyber-porn, and phone sex sales have more than quadrupled in the last ten years. From 1984 to 1989 over 100 SOBs closed down in Oklahoma County. During that period the rape rate in that county decreased 27% even though the rape rate in the rest of the state had increased by 19%. A Michigan study of 3800 rapes concluded that pornography was used prior to or during the commission of rape in 41% of all cases. What I'm trying to point out is that we are in a war here. In the last six months I have found out more than I ever wanted to know about SOBs. I have talked to lawyers and police officials across the country as well as people who have been involved in this fight for some time. We are in an epidemic situation. The point being that we really need to do everything in our power to make sure that we have an ordinance which will stand up to litigation. I can tell you right now, I have brought an example of what it's like to live in McLean these days. This is what we find on our front yards. It's a publication that is used to advertise Sirens, and it's handed out, we're so fortunate, all over central New York. It even gives a map to show where to find it. In it is included ads that say such things as "no sexual taboos", I won't go into the details, but I would be glad to show it to you. This was found in a lawn near Cassadant Elementary School, in the morning, early. We find broken bottles. We find all kinds of materials that are not going to foster a healthy environment for us or for our children. This is what it's like for us. I don't want it to be like that for us. I don't want it to be like that for June 9, 1998 - Town Board Meeting - Pg.3 anybody else in the Town of Groton. It's not a fun way to live. Recently we went to the Board of Assessment. We were to have an increase, which I feel was a fair increase under other circumstances. We have asked that the value of our house be greatly diminished. We have two apartments we can't even show to anybody. Two months, not anybody has even come to look at them, which means diminished tax revenues as stated in here. I presented to Mrs. Robinson, back in the fall, materials on National Family Legal Foundation, which is a nonprofit, non-religious organization out of Phoenix, Arizona, who will take any ordinance that you write, will review it, will send it back to you, and will tell you based on their extensive history of working on these cases, whether it will stand up in court, what you need to change. They specialize in this. As a nurse I can tell you that I can not possibly be proficient in every area of medicine, and when I need a specialist, I go to a specialist. There's nothing wrong with that. I think that submitting this,it's done for a donation. I called today to make sure that I had the facts straight. Their statement was, there is no charge, it's free. They charged in a case in Colorado, where they went for litigation. They asked for traveling expenses. There are former Supreme Court members who are on the board of this organization. It is a very reputable organization. All we are asking is that you will please, please when you have completed this ordinance, submit it to them, take seriously their suggestions, take advantage of any services they can offer. I have the pamphlet with me. I will leave it here again. I also understand that you have a professional organization that is more than willing to back you up and be a recourse. If you haven't already, and perhaps you have, all we're asking is that you use every resource available to get us out of Hell, and to make sure that this doesn't happen in our community again in any way. I just received some information from Auburn that they recently had someone who wanted to start to operate an escort service out of his home including hot oil massages. This is what we're fighting and we've got to make sure that thing is tied up tight and that no one can find a loop in it. I'm just asking you please to do that. SUPERVISOR ROBINSON- Thank you. Anybody else? On any subject, the floor is open if you have anything. If not, we'll go on. MARK D. GUNN, CODE ENFORCEMENT OFFICER- Building Permits for 1998 are still down a little bit compared to last year. May 1997 - Mobile Homes - 2.......May 1998 Mobile Homes - 2 May 1997 - Houses - 1.............May 1998 Houses - 1 May 1997 - Other - 11.............May 1998 Other - 2 May 1997 - Total - 14.............May 1998 Total - 5 Life Safety inspections for May are current. RICHARD C. CASE, HIGHWAY SUPERINTENDENT- At the present time the highway department is in the preparation stages for planned summer projects. The highway crews have been involved in tree and brush cutting, pothole repair, transferring aggregate, and grader honing of gravel roads. Ditching and other drainage work is well under way on Davis Road and Brown Road. Roadside mowing has started when manpower, equipment and weather permit. The vibrator roller has been delivered and has been used on four different maintenance projects and at this time has preformed very well on those projects. The shop mechanic Pg.4 - Town Board Meeting - June 9, 1998 has restored a 15 ton equipment trailer which is now being used to transport the roller between jobs sites. I'm pleased to report that the contaminated soil produced by the old fuel tanks has been disposed of at the Seneca Meadows Landfill. At this juncture, all the paperwork has been set in motion for a final closure report for the NYS DEC. The site generated 93.64 tons of soil at a cost of $25 per ton for a total $2341. There were additional costs for covering the material while it was being transported by Town of Groton trucks. David Fritt, of C.T. Male Associates have advised me to continue the route I have taken and feels that we will have fulfilled our obligations as required by the DEC. The disposal cost of the contaminated soil project is presently approximately $2621. The patience and cooperation of everyone has allowed us to bring the cost of this project well under that of the private industry's estimate and the funds budgeted ($10,000 Central Garage). At this time, with the Towns approval, I would like to be allowed to research the cost and feasibility of placing electricity in the cold storage portion of the central garage area. That's that pole barn out back. There's no electricity in it and I'd like to be able to gather some estimates to see what it would cost us to do that. To jump ahead on the agenda a little, the Town of Groton now has a mining permit in place with an effective date of May 21, 1998 and expiration date of April 30, 2003. This allows the Town to mine 7.3 acres of approximately 40 acres that is owned. There are several conditions involved both in the mining and ongoing reclamation of this sight. I am concerned about some of the conditions that have been placed on the reclamation portion of the sight (High School constuction debris). I plan to discuss this matter with Fran (Casullo) before we get too involved with it. COUNCILMAN CAREY- What kind of reclamation do they want you to do? RICHARD CASE- My concern was what was brought in on the high school construction debris portion of that...... COUNCILMAN SOVOCOOL- On the North side of the road, or the South side? RICHARD CASE- It would be the South side. The South side is what we got the mining permit for. COUNCILMAN SOVOCOOL- I didn't think they put any on the South side. I thought it all went on the North side. RICHARD CASE- It's about half way up the hill. You can tell, it's right where the reclamation has stopped, when they put us under a cease and desist order. It's not contaminated materials. It's just construction debris, primarily black top and concrete. Part of what I'm concerned about is that they want us to put it at the operating level that we're mining gravel at the present time. They've also put some restrictions on time, how quickly we have to move that. Having just opened that sight, we haven't got room to move the material on the level that we're working. I want to talk to Fran (Casullo) on how to approach that. Then we're going to need to go back to New York State and ask to have these conditions changed.......... It's pretty well cleaned up up there.......I don't know if you've seen the berm we've put up, but we're June 9, 1998 - Town Board Meeting - Pg.5 more than working within what they've asked us thus far. COUNCILMAN CAREY- Did they require you to put a berm in? RICHARD CASE- They suggested it, but we were already.......... We may need to rent a bulldozer or something to move this debris. Teresa and I have talked about that. Maybe we could swap equipment with equipment with another town. It might add some cost on that, but hopefully we can get it done before......... COUNCILMAN CAREY- Why do you want to put power in the building out back? RICHARD CASE- We have taken some of our emergency equipment such as chainsaws, signs, some snowplow equipment, and we're storing out there in that building right now. When we come in in the middle of the night, there's no lighting out there. There's no electric at all out there. COUNCILMAN CAREY- So you're looking for just lights? RICHARD CASE- Yes. I'd like to put 220 in it so if we had a welding project we wouldn't involve our shop area and tie it up with it. We could do that out there. But basically just lighting. RESOLUTION NO.31 - RESEARCH COST OF ELECTRIC TO COLD STORAGE GARAGE Moved by Councilman Palmer, seconded by Councilman Scheffler, that the Town Board does hereby authorize the Highway Superintendent to do the initial research and return with a recommendation for extending electric to the cold storage portion of the Central Garage area. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson COLLEEN D. PIERSON, TOWN CLERK / TAX COLLECTOR- submitted her Town Clerk's Monthly Report and Final Tax Collector's Report to the Board for their review. TOWN JUSTICES, ARLAND HEFFRON & ALTON ALEXANDER- Submitted their Monthly Reports to the Board for their review. SUPERVISOR ROBINSON- Next business is on the Munson and Talbot annexations. I'd just like to state something before anything is said pro or con or whatever. I wish that this had been presented to us in a more direct and straight forward manner. I think it was quite a shock to us to go from 24 acres to 107. I think it took some time for us to even get over the shock. Since some of this had to be presented twice, I think it took a little more time and a little more thinking. I'm sorry that it was presented that way. Next time something like that happens I hope some one will think it out before they throw it at us. Pg.6 - Town Board Meeting - June 9, 1998 Is there any more discussion that you would like to make on this? Or questions that you would like to discuss amongst ourselves here? COUNCILMAN SOVOCOOL- Looks like it's open and shut to me. I don't see anything to discuss, actually. COUNCILMAN SCHEFFLER- I think it's in the best interest of the Town as a whole, and I think we should go ahead with it. COUNCILMAN PALMER- I think we've had public hearings, and the public has had the opportunity to come forth and they have had positive comments. I've not heard any negative feedback at all, and I think it would be in the best interest of the community to move forward on this and approve it. COUNCILMAN CAREY- I would think it would be in the best interest of the Town to annex this property into the Village. My only concern is that it's farm land which is something that is rapidly disappearing in this country. I would only hope that the Village take that into consideration, that they allow it to be used as farm land for as long as possible and not let it become useless land that grows up to shrubs and bushes and is of no use to anyone. I think it's a good move. SUPERVISOR ROBINSON- My sentiments are the same as all of these people here. I think that it is in the best interest of the Village. I hope that they use it well, and we can be proud in a few years that we did allow them to annex it into the Village, and they won't have misused our trust in them. RESOLUTION NO. 32 - ANNEXATION OF THE MUNSON/WOLF LANDS Moved by Councilman Palmer, seconded by Councilman Carey, that the Town Board does hereby approve the annexation request by Virgina Munson and Louie Wolf to annex property into the Village of Groton. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. RESOLUTION NO. 33 - ANNEXATION OF THE TALBOT LANDS Moved by Councilman Carey, seconded by Councilman Sovocool, that the Town Board does hereby approve the annexation request by George and Brenda Talbot to annex property into the Village of Groton. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. June 9, 1998 - Town Board Meeting - Pg.7 SUPERVISOR ROBINSON- Next is to discuss fire doors on the exit corridors in the Town Hall. We have a letter from the Village Zoning Officer, George Senter, because we are in the Village, which reads: "I have been asked to provide information on fire doors in the Town Building. First let me offer this information: 1)The courtroom is classified as a C5.1 - place of public assembly. 2)The offices are an accessory use and are classified as C.1 - business. Article 6 of the N.Y.S. Building Code, Part 790.3 Fire Area: The fire area of which the area of public assembly is a part shall be permitted to be the gathering space enclosed by a fire separation having a fire resistance of at least two (2) hours. (Opening protective (fire door) rating is 1 1/2 hours). Article 5, Part 765.5: Doors on a corridor shall not have openings therein nor shall transoms above such doors be permitted. Article 5, part 771.4 Division by fire separation 771.4.3: Vision panels conforming to the requirements of referenced standard RS- 11-2 shall be permitted in 3/4 hour and 1 1/2 hour opening protectives (fire doors). (RS-11-2 is NFPA standard for fire doors and fire windows.) I hope this resolves the question on fire door integrity. If you have any questions you may reach me at 898-3966. Respectfully submitted, George R. Senter, Sr." COUNCILMAN SOVOCOOL- Interpretation: You can put a vision panel in, but you can't have a half door. Is that right? COUNCILMAN SCHEFFLER- Right, no dutch doors. SUPERVISOR ROBINSON- George (Senter) did the life safety inspection here yesterday. COUNCILMAN PALMER- Before we get off the fire door. Aren't we going to bring that to resolution of some fashion. SUPERVISOR ROBINSON- Well, we can't do it. That's basically what it is. COUNCILMAN PALMER- But the existing door, Mark, I'll ask your opinion on this, because the integrity has been changed, does that void it as a fire protection door? Pg.8 - Town Board Meeting - June 9, 1998 MARK GUNN, CODE ENFORCEMENT OFFICER- No. They shouldn't have done it to begin with, but they did put a flap on it to stop the penetration of smoke. You're jumping from the frying pan into the fire by creating a worse hazard by cutting the door in half and creating a bigger void. COUNCILMAN PALMER- I understand that. But the existing door with hole in it would still meet the requirement of a fire door? MARK GUNN- Yes. Apparently, they checked on that with somebody when they originally put the mail slot in there. They said that would still keep the integrity. COUNCILMAN PALMER- That was my concern, that we're still in compliance..... SUPERVISOR ROBINSON- Okay. The funds that are being divided up between communities are given to all the municipalities. It's based on the population, and our amount is for $822.45. This is to establish guidelines for the distribution of funds for a special committee on arts, culture, and tourism and analyze the many celebrations that occur in the county annually, or special anniversaries, etc. It's the amount of money that we can spend on local activities, that the County Board of Representatives is giving to us. George, if we don't use it, we don't get it? GEORGE TOTMAN- You have to tell what you use it for and have matching funds. Basically what that came down to is that every year certain towns or villages have a function that they request "Celebration Money" for. It's gotten to the point where there is more requests for money than there is money available in the budget. So it's an argument as to who gets what, and who gets slighted, and who gets the most, and that sort of stuff. I'm not sure if this is the best way, but they did it by population. Actually, I think Groton is taking a hit on this compared to previous years, because the city (Ithaca) is getting the most funding this way. They figured it would be the only fair way to do it and are trying for a year. I don't think you have to worry about matching funds.........you spend more than $800. That's for the whole Town. Last year you got $1,200 - $1,500 last year for the Old Home Days. That was just Old Home Days. This year they're only giving $822 to the whole Town. That's everybody in the Town who wants to do something. So, you have to decide what you want to give it to. SUPERVISOR ROBINSON- In other business, a representative from the New York State Compensation Plan will be making a presentation of the plan to all interested employees of the Town of Groton on June 18, 1998 at 3:00 P.M. I think the Highway Superintendent has made plans for the men to go to it. If there's anyone else who is interested......(Supervisor Robinson had a short discussion with Mayor Toolan about the Plan and the presentations to be presented to both the Town and Village.) Next is the status of Diversified Technology. ATTORNEY CASULLO- I spoke with Thoma Development after the May meeting indicating to them that you wanted to take a harder approach.........Bernie Thoma indicated that he would do that and set the ball in motion to go along June 9, 1998 - Town Board Meeting - Pg.9 those lines. I put in a phone call today, but Bernie was out of town, but I will speak with him in the near future. It is my understanding that I gave him the direction after hearing you tell me what you wanted........ SUPERVISOR ROBINSON- I have a letter from May 18th that he wrote stating what the conditions were, and to date, nothing has happened. ATTORNEY CASULLO- I don't think that to date nothing has happened. I think what he's doing, is that they came back with a proposal and they had everything set up under that proposal and we essentially said, no, we don't want that proposal. So, he went back and told them .............without going into executive session,....we do have some legal steps we can take. I will know by the Special Meeting on June 23rd. SUPERVISOR ROBINSON- Update on the status of Sirens: Well, as far as Sirens is concerned right now, we are still in litigation. The papers have not been signed. ATTORNEY CASULLO- Again, I don't want to go into executive session, anything I'm going to say is public information anyway. The order relative to the decision that was handed down by Judge Rumsey is with him for his signature. We are awaiting that. Once we get that.......proceed how the Board wishes to go. I have prepared a Local Law #3 that will be heard on June 23rd to extend the moratorium for another 60 days, essentially to give me the opportunity to .....before you pass an ordinance, in New York State, you have to do what's called a study, we've gone through this. Quite honestly, we tried to get together with Dryden and Lansing and for whatever reasons, that fell apart. So, we've gone back to each Town trying to do it's own study. We'll get going on our study for the Town of Groton, and once you've finished the study, and based upon that study, you do a proposed Local Law on the regulation of adult businesses in the Town. I'll bring that draft in the next month or so, to the Board. Probably in all fairness, I'd certainly want the Planning Board and George (Totman), to give me help and run it by them for their suggestions and comments. There is also going to be Local Law #2 (Cellular Towers) at the Special Meeting on June 23rd. George gave me the draft that the Planning Board did. I put it in Local Law type form, and it's on your desks now. SUPERVISOR ROBINSON- Is this subject to change if you find something......? ATTORNEY CASULLO- Yes, that's up to the Board. That's what you're having the Public Hearing for. That's when the Board can make comments and then we go from there. COUNCILMAN CAREY- I have a question on the removal of the cell towers. What kind of clout does the Town have if ten years from now the tower is abandoned. How much power do we have to enforce that the people who built it take it down? ATTORNEY CASULLO- To be honest with you, I bet you the power may or may not be that strong. A lot of towns are putting that type of language in, but Pg.10 - Town Board Meeting - June 9, 1998 these things are so new that nobody really knows ten years down the road, how these things are going to work out when they get abandoned. If I told you definitely that the Town has a lot of clout, I'd be lying to you because I don't know. Putting a provision in there in case they are abandoned, at least the Town can take some sort of active approach to go after either the land owners who rented or leased the property or the people who constructed the towers themselves and get them to dispose of them the way they are supposed to be. All this is so new it's hard to tell what's going to happen ten years down the road. There was further discussion on this subject between Attorney Casullo, Board Members, and George Totman. George Totman stated that there was $25,000 bond that is required up front that would help pay for expenses should the Town have to remove the tower. Supervisor Robinson asked if there were any more questions pertaining to Cellular Towers or to the Mining Permit. There were none. She then announced that there would be a Special Town Board Meeting on June 23, 1998 at 7:30 P.M., with a hearing on proposed Local Law #2 - Cellular Towers, at 7:30 P.M., and a hearing on proposed Local Law #3 - Adult Entertainment, at 8:00 P.M. Supervisor Robinson circulated correspondence which notified the Town that the CHIPS moneys for the year 1998 would amount to $53,333.13. GEORGE TOTMAN- I passed some papers tonight to show you the five year plan on the highways for the Town of Groton. One is repaving and refurbishing the McLean - Cortland Road, starting at the bridge, and including the bridge, all the way to the Cortland County line, to be completed by September of 1999. The County administrator resigned in January of this year and was all done on May 15th. I was on a committee to select a new County Administrator. There has been a new one selected and the formal vote will be next Tuesday night. Supervisor Robinson announced that the Finger Lakes Land Trust was having dedication ceremonies for the Thurber Nature Preserve on June 13 at 2 P.M. in McLean and gave a description of the activities planned. Supervisor Robinson indicated that there would be a trash pick-up day and asked Mayor Toolan to speak on this. MAYOR DENNIS TOOLAN- I tried to keep this local. I approached Ward Harrison. He said he would make this as effortless as Contento's has. The only date he has available is June 27th. He said he would do as good a job and maybe better. I thought since he was a local tax payer and a business.......is that okay with you people? He'll get the trash containers from Wallace Steel and he said he would pick up the batteries that day and everything. He said he wanted to be there, so I said fine. SUPERVISOR ROBINSON- Where's your spot going to be? RICHARD CASE- The gravel pit on the north side of the road, the right side of the road as you go up Spring Street. MAYOR TOOLAN- It will be the same thing as last year: 16" tires or smaller, $2.00; and there's a whole list of appliances and steel.....furniture, I June 9, 1998 - Town Board Meeting - Pg.11 believe was $5.00. There is a list that will be published. (He said that the Village would do the publication). RICHARD CASE- I would like to add to my Highway Superintendent's report. The Tompkins County Highway Superintendent and County Highway Department has, along with the local businesses, police agency, emergency control....They're trying to come up with a snow emergency plan. They have one that they're going to put into effect this winter which will help when we start closing roads, who's going to close the roads, some kind of time frame as to when schools and industries can start closing down... The biggest concern was in Ithaca, the last time there were closings it got very congested and people were stuck out on the road. And in fact the sheriffs, I believe, closed the roads.........we're trying to alleviate that problem. We will be notified at present, by fax, when they are going to close the roads. We are going to have a system.....a closing procedure.........that's supposed to start this winter. It's a first step in taking care of the driving public. COUNCILMAN PALMER- We still have one pending issue from last month that we either need to resolve this month or bring back on the agenda for next month and that's the status of the part-time bookkeeper. SUPERVISOR ROBINSON- I believe you received some information in the mail......What do you want to do? Do you want to discuss it tonight? COUNCILMAN SCHEFFLER- We need to get it resolved. COUNCILMAN PALMER- We need to get it resolved either this month or bring it back on the agenda next month. We just can't continue to carry it on and not resolve the question. We'll probably need to go into executive session for initial discussion before we reach a decision. Moved by Councilman Carey, seconded by Councilman Sovocool, to table the discussion concerning the status of the part-time bookkeeper until the July Town Board Meeting. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson There being no further business, Councilman Carey moved to adjourn, seconded by Councilman Sovocool, at 8:50 P.M. Unanimous. Colleen D. Pierson Town Clerk