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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 0 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. 0 C7