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HomeMy WebLinkAbout08-11-1998 MINUTES OF TOWN BOARD MEETING TUESDAY, AUGUST 11, 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: Mark D. Gunn, Liz Brennan, Richard Case, Van Travis, Clara Travis, Francis Ciccoricco, Elaine Burin, Elizabeth C. Munson, Joe Graham, George Totman, Mathew Shulman (Lansing Community News), Officer Dave Buck and Officer Byron VanZile, Colleen D. Pierson, April L. Scheffler. Supervisor Robinson opened the meeting and requested that the Board go into executive session. Moved by Councilman Carey, seconded by Councilman Scheffler to go into executive session at 7:35 P.M. for personnel reasons. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Moved by Councilman Palmer, seconded by Councilman Carey, to reconvene to General Session at 8:15 P.M. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Moved by Councilman Palmer, seconded by Councilman Scheffler to accept the minutes of the July 14, 1998 Town Board Meeting as presented. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Claim Nos. 144 - 165 of the Highway Fund in the amount of $8,751.73 were presented for audit. Moved by Councilman Carey, seconded by Councilman Sovocool, that the Highway bills be approved for payment. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Claim Nos, 179 - 203 of the General Fund in the amount of $3984.33 were presented for audit. Moved by Councilman Carey, seconded by Councilman Palmer, that the General Fund bills be approved for payment. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Clara Travis Privilege of the Floor was turned over to from McLean. Mrs. Travis expressed her concern over the fact that the Town of Groton has not yet passed a law regulating adult entertainment in the Town and that every time Pg.2 - Town Board Meeting - August 11, 1998 the subject comes up, the Board goes into Executive Session. She felt that other towns have gotten their laws on the books and the Town of Groton has done nothing. Attorney Casullo answered that unfortunately, the Town of Groton is the town that Sirens came to and, unlike the other towns around us who have simply written a law to protect themselves, we are dealing with a law suit. He explained that Sirens has filed an appeal of Judge Rumsey's decision and that the legal issues continue. Because of the lawsuit, there are certain procedures that legally have to be followed and that the Town has done that. Attorney Casullo said that there are certain things pertaining to litigation that cannot be made public but that he is always available to answer what questions he could legally answer. He ended by stating that he strongly felt that to say that nothing has been or is being done is totally unfair. Elaine Burin asked if there would be an opportunity for an open forum after the ordinance is proposed. Attorney Casullo assured her that there would be a public hearing. LIZ BRENNAN, BOOKKEEPER- Presented her bookkeeper's report to the Board. We only have one transfer in the Highway Fund Townwide, from Machinery Personal Service to Brush for $2,936.14. That's just moving salary amounts from Machinery to Brush. RESOLUTION # 42 - TRANSFER OF FUNDS FROM MACHINERY PERSONAL SERVICE TO BRUSH Moved by Councilman Palmer, seconded by Councilman Sovocool. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved that the Town Board does hereby authorize the transfer of funds in the amount of $2,936.14 from Machinery Personal Service to Brush. COUNCILMAN CAREY- Liz, does that deal with the summer help? LIZ BRENNAN- No, that's actually just using the Brush account more than the Machinery account. We just felt that's where it should belong. COUNCILMAN CAREY- Okay. MARK D. GUNN, CODE ENFORCEMENT OFFICER - Presented his report for the month of July as follows: New homes - 0 Mobile homes - 2 August 11, 1998 - Town Board Meeting - Pg.3 Others - 7 Life Safety Inspections for the month of July are current. During the month of July and the beginning of this month we have continued to work on the application for the cell towers, which I gave everybody a copy of. Myself and April (Scheffler, Deputy Town Clerk) have worked on this and come up with a lot of different things. What we need, basically, from the Board is an approval to go ahead and use this application until we can come up with anything different. I did request from the Town of Dryden and the Town of Ulysses copies of their applications and their ordinances. The Town of Dryden, all they do for their application is give a copy of their ordinance and a business card to the engineers that they've hired. They let them do the entire thing, the whole application process. The Code Enforcement Officer has nothing to do with it. The Town of Ulysses, they give them the same thing. Their Code Enforcement Officer inspects the basic things like other structures on the premises, or fences, or different things like that. We have come up with what I think is a pretty good preliminary application, and we took this paragraph by paragraph from the ordinance. The big things in here on the back, as we stated, is there will be a preliminary site plan review. Once they go through that there will be a public hearing. Somewhere in between this part, I believe the Town itself needs to have an engineer that they can rely on for such inspections that I am not qualified to do. So, I need an approval from the Board to go ahead and get a list of some sort of...even if we use the ones that Dryden uses. There's a firm that they use to do their inspections. We need to come up with a list so that if we get someone who wants to apply for this within the next week or month, we're not falling short and being behind the 8-ball. Mark Gunn spoke to the Board further about his feeling that an engineer should be hired to help with the application and inspection process. He passed out copies on an article from "Talk of the Towns" magazine concerning this issue. He expressed his belief that the long form Environmental Assessment Form should perhaps be also completed by an engineer. Mark Gunn also stated that he had become aware of the fact that an FCC application, construction permit and a federal environmental impact statement were also required. COUNCILMAN CAREY- What you're saying is that each one of these applicants would have to use the long form of the SEQR instead of the short one? Is that in here? MARK GUNN- Yes. SUPERVISOR ROBINSON- They have to have a seal too, of a professional engineer? MARK GUNN- Yes. Attorney Casullo interjected that the Local Law had been written to say that the Board may employ an engineer if needed and that the option was left open for that purpose. Pg.4 - Town Board Meeting - August 11, 1998 MARK GUNN- I think that on our behalf, it's kind of mandatory that we have one. On the behalf of a particular company who wants to put a cell tower in, they have to have an engineer on their own staff, or somebody to give them guidance. Just as if I get a set of plans for a house, it's a set of engineered plans. So, somebody at some point has looked at these plans and an engineer has gone over it. COUNCILMAN CAREY- What's the land owner's consent form? MARK GUNN- That's one of the forms that we're still working on. It's a form we have to come up with for the landowner that the company is going to work with and put the tower on his land has to sign. He has to comply with the ordinance, all the codes that go along with the extra structure that may be on the land, go along with the up-keep and he has to go along with the co- location. If another company comes in and wants to co-locate, he can't just automatically say no, just because he doesn't want to do it. He has to abide by the law that allows for co-location. So, he has to go through the ordinance and the local code and sign that he is going to abide by that. SUPERVISOR ROBINSON- This is just a rough draft right now, right? MARK GUNN- Yes, there's probably other things that should be on it and maybe some things where there is over-kill, but it was better than a standard building permit application which has no bearing on cell towers. GEORGE TOTMAN, PLANNING BOARD CHAIRMAN- I think Mark's doing a great job, but as I understand this, when they apply for a cellular tower, they have to go to the Planning Board for a site plan review. A lot of the things he's talking about is what the Planning Board should be doing before it gets to him. A lot of this stuff here, when the Planning Board goes through it and approves it then he's going to check it and see what the Planning Board approved. Is that correct? MARK GUNN- Right. GEORGE TOTMAN- So it sounds like he's getting the cart ahead of the horse. MARK GUNN- Number one, they have to come into the office for an application, and he's right, it does go to the Planning Board first. But all these steps, there's a huge list of things they have to have before they even go to that Planning Board. After the Planning Board, it goes to the Public Hearing and after that it goes to the Special Permit. So, basically, I am the last of the whole thing. Mark Gunn explained further that after an applicant picked up this application he would have to come back with a great deal of information to present to the Planning Board and hopefully most issues would be covered. FRANCIS CICCORICCO- It behooves the Town to have technical expertise in this matter. I don't know how you could get away from it. And that's a good question to answer. August 11, 1998 - Town Board Meeting - Pg.5 SUPERVISOR ROBINSON- You mean like an engineer? FRANCIS CICCORICCO- Technical engineer. Specialist. The Town of Dryden has one, as Mark has indicated. Several towns have one. Hired an engineer. It behooves to have.......a...like a legal expert, like an attorney to represent you. I don't know why you are adamant against this situation. It's the professional way to do things. SUPERVISOR ROBINSON- Well, we are learning. Is there any other questions or discussion? The Board made no further comment. Supervisor Robinson asked George Totman about the status of County monies for community activities. Mr. Totman reported that he had not been able to contact anyone on this subject. George Totman stated that he had receive a call from Monica Carey wishing to discontinue being the liaison to the County Planning Federation and that if the Board would accept her resignation, he would suggest that they appoint Van Travis to that spot. Since the Board had not received a written resignation from Monica Carey, no action could be taken at this time. Supervisor Robinson stated that she hoped the County monies came through soon because part of it had been promised to the Old Home Days celebration. RICHARD CASE, JR., HIGHWAY SUPERINTENDENT- At the present time, the Highway Department is involved in planned summer projects: Sears Road has been grader-honed, and an additional 1600 tons of -2 inch screened gravel was placed as a driving surface. Lick Street's Jacob's Ladder has also undergone the same procedure. At this time all gravel surface Town roads have been grader-honed, with various amounts of gravel added and rolled. Davis Road from Salt Road to Champlin Road has 4 foot screened gravel shoulders. A "thank you" is in order to the Town of Cortlandville for lending us their shoulder machine. For all intent, this portion of the Davis Road project is complete. To date we have used, and this is an estimate, 6,279 ton of screened gravel. A market value of that is somewhere around $23,000, that Joe and these other fellows have prepared in our own gravel bank. Sign replacement and repair has taken place on several Town roads. Rick Neville and the Youth Program employees have painted and straightened many signposts. Brush and weeds have been cut back to improve the sight distance of signs in several locations. The smoking policy has been posted and put into effect. Signs will be put up throughout the designated areas. An estimated 600 foot of 18 inch plastic culvert pipe was destroyed by fire in the Town's storage portion of the old gravel bank. Estimated value of the pipe is $3,930. The fire is being investigated by the Groton Police Department. A damage report has been turned into Dempsey Insurance. (Mr. Case circulated pictures of the fire.) Yesterday we blew the front engine of our excavator. We're still using it because it takes two engines to operate this piece of machinery, but we Pg.6 - Town Board Meeting - August 11, 1998 can't travel down the road with it. It's mounted on a truck chassis, and it's a 1980 Badger and it's seen better days. We are still using it. I haven't gathered figures yet about what I'm going to do to provide an engine or rebuild. With the desire of covering the Town's best interests, is there a standing resolution granting the Highway Superintendent the authority to exchange manpower and equipment with other municipalities and/or the Groton Fire Department? There was a discussion about the exchange of manpower and equipment with other towns and possible liability issues. Clerk Pierson believed that a resolution had been passed the previous year at the request of the auditors. Attorney Casullo stated that some towns in other counties have entered into intermunicipal contracts where they spell out that they can do this sort of thing as well as the liabilities issues. He suggested that he look into this and report back to the Board at the next meeting. Councilman Scheffler said that he had some information on this issue also. Richard Case stated that a local town was selling a 1994 Chevrolet one ton dump truck with an estimated 9000 miles. He said that it is something they are in need of and that the Board should think about it's purchase. He said that it was heavy-duty, had a salt spreader and a plow. He thought it would sell for approximately $18,000. It would be used for patching and winter plowing in turn-arounds. Councilman Palmer asked if it has been advertised at this time and Richard Case replied that it had not and that he just wanted to let the Board know that it would be coming up in the near future. COLLEEN D. PIERSON, TOWN CLERK/TAX COLLECTOR- submitted her Town Clerk's Monthly Report to the Board for their review. THE TOWN JUSTICES, ARLAND HEFFRON AND ALTON ALEXANDER- Monthly Reports were submitted to the Board for their review. SUPERVISOR ROBINSON reported that she had not yet chosen anyone to serve on the five member local HUD Administrative Committee. Supervisor Robinson asked for a report on the status of the study for Adult Businesses. ATTORNEY CASULLO- I have been taking studies that I feel are somewhat similar to Groton. I've been looking at the studies of the Town of Wilson, the Town of Elicottville, the Town of Ithaca, the Town of Lansing and the Town of Dryden. After I go through all these studies, I'm going to put together one for the Town of Groton. Then what I think we should do is pass the proposed ordinance prepared by the Planning Board as our Sexually Oriented Business Section to our Code. We will have to have a special meeting sometime the end of August to accomplish this. I will have to have the final form on your desk for 7 days. It looks like the times we can have it are the 26th or 27th of August. August 11, 1998 - Town Board Meeting - Pg.7 RESOLUTION #43 - SCHEDULE SPECIAL TOWN BOARD MEETING AND PUBLIC HEARING ON ADULT ENTERTAINMENT LAW Moved by Councilman Carey, seconded by Councilman Sovocool. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson Resolved that Town Board does hereby schedule a Public Hearing and Special Town Board Meeting for August 26, 1998 (changed to August 27, 1998 due to conflict with Court Trial) at 7:30 P.M. for the purpose of adopting a study pertaining to Sexually Oriented Businesses in Town of Groton and to act on a Local Law to amend various sections of the Land Use and Development Code of the Town of Groton to regulate Sexually Oriented Business in the Town. ATTORNEY CASULLO- I will prepare a notice for you. I have also been talking with the National Family Legal Foundation. They're an institute out of Scottsdale, Arizona. What I plan on doing is that we will adopt this and then continue to work with them and have them assist us. If they find that our amendment to the code can be refined or made a little bit tighter, they will assist us in doing that. If we need to amend it once again, we can amend it, but at least we will have something in place. I feel that what the Planning Board has done is good but it's not unheard of to have this institute look at it and they might have some constructive criticism. We can always amend later to take in their suggestions. SUPERVISOR ROBINSON- As I understand it we have two employees who are interested in the deferred compensation plan for Town employees. I don't know how many you have to have. A short discussion was held on the subject. Pg.8 - Town Board Meeting - August 11, 1998 RESOLUTION #44 - ADOPT NEW YORK STATE DEFERRED COMPENSATION PLAN FOR TOWN EMPLOYEES Moved by Councilman Palmer, seconded by Councilman Sovocool. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. WHEREAS , the Town of Groton wishes to adopt the Deferred Compensation Plan for Employees of the State of New York and Other Participating Public Jurisdictions (the "Plan) for the voluntary participation of all eligible employees; and WHEREAS , the Town of Groton is a local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law; and WHEREAS , the Town of Groton has reviewed the Plan established in accordance with Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law of the State of New York; and WHEREAS , the purpose of the Plan is to encourage employees to make and continue careers with the Town of Groton by providing eligible employees with a convenient and tax-favored method of saving on a regular and long-term basis by using the percentage method and thereby providing for their retirement; NOW, THEREFORE, it is hereby: RESOLVED , that the Town of Groton hereby adopts the Plan for the voluntary participation of all eligible employees; and it is further RESOLVED , that the appropriate officials of the Town of Groton are hereby authorized to take such actions and enter such agreements as are required or necessary for the adoption, implementation, and maintenance of the Plan by using the percentage method; and it is further RESOLVED , that the Administrative Services Agency is hereby authorized to file copies of these resolutions and other required documents with the President of the State of New York Civil Service Commission. Adopted the 11th day of August, 1998. August 11, 1998 - Town Board Meeting - Pg.9 SUPERVISOR ROBINSON- We have to take action on the bookkeeper position on part-time or full-time and the review of job activities submitted by the employees and establish a standard work day by Board Resolution for each position for the purpose of Retirement System reporting. I think we're going to have to sit down, now that we have the work and things they do, and have a better idea of what we're working with now. COUNCILMAN PALMER- You have all the job descriptions now? SUPERVISOR ROBINSON- I don't have Peg's, but she's part time anyway. COUNCILMAN PALMER- Did you ask for it? You specified all the positions that....to evaluate. I think we're looking at it from the stand-point of the benefits as opposed to the retirement system; full or part-time benefits. That's the resolution, wasn't it? SUPERVISOR ROBINSON- Um-hmm. COUNCILMAN SCHEFFLER- What was under concern of people was the benefits more than the retirement. SUPERVISOR ROBINSON- We have correspondence on the resolution adopted by the Village of Groton on...... COUNCILMAN PALMER- What are we doing on 10 and 11? SUPERVISOR ROBINSON- I think we'll have to have a meeting and just sit right down and figure out with a group of us, anybody welcome, and just discuss what has to be in and out and it isn't anything that I think one or two people can do. Moved by Councilman Palmer, seconded by Councilman Scheffler, to table items 10 and 11 on the agenda pertaining to the bookkeeper position and the job activities of other employees until the September meeting and that a job description of each job be provided to the Board Members prior to said meeting. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. CORRESPONDENCE: Members of the Board received copies of the Village of Groton's annexation on July 20, 1998 of Parcels A, B, C, and D of the Hazel R. Hunter Estate. The Department of Transportation is holding an open house meeting at the Town Hall on Conger Boulevard on Tuesday, August 25, 1998 from 4:00 to 7:00 P.M. Pg.10 - Town Board Meeting - August 11, 1998 pertaining to a Safety Improvement Project at the Route 38 and Route 34B (Peruville Road) intersection. The Town of Dryden is holding a Public Hearing on a proposed zoning ordinance amendment regarding Adult Uses on August 11, 1998 at 6:45 P.M. Notice was received from the NYS Office of the State Comptroller announcing a statewide satellite teleconference for local governments on the subject dealing with the "Millennium Bug" which will affect many facets of embedded chip technology in the Year 2000. Conference if scheduled for September 10, 1998. Notice was received from the Town of Dryden, dated July 27, 1998, that Nextel Communications is filing an application for a Special Use Permit to share an existing communications site located 1,800 feet west of the south end of Walker Road, Dryden. Councilman Carey circulated copies of a letter and a brochure from the National Family Legal Foundation thanking him for his interest in their services. The National Family Legal Foundation is a national expert providing assistance to municipalities passing laws regulating sexually oriented businesses. A letter was received from Gordon Klumpp, Groton School Superintendent, stating that the school's bus garage was going to be renovated and the project was in its planning stages. The architects had inquired as to whether the Town or Village was interested in using the facility in certain situations. Having no answer, Mr. Klumpp was asking the Town. No one felt that the Town would be interested in using the school's bus garage. In his letter, Mr. Klumpp also thanked the Town for its help in preparing Graves Field for the soccer season. Mathew Shulman, editor of the Lansing Community Newspaper,spoke to the Board about his paper's plans to produce town maps, for Groton and several surrounding municipalities. The map would be a highway map with advertising on one side. There would be no cost to the Town. He also hopes to have information on the map about the Town, the historical society, or other community organizations. Mr. Shulman indicated that he would like to have the Board's approval and endorsement but did not require it. There was some more discussion about the map. Consensus of the Board was that it was a good idea although Councilman Scheffler was not sure that the Board should endorse it as the newspaper is a private business. Mr. Shulman said that he would have a copy for the Board to review at a later date and that they could make a decision then. There being no further business, Councilman Carey moved to adjourn, seconded by Councilman Palmer at 9:35 P.M. Unanimous. August 11, 1998 - Town Board Meeting - Pg.11 Colleen D. Pierson Town Clerk