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HomeMy WebLinkAbout1990-06-11TOWN OF GROTON, TOWN BOARD Monday, June 11, 1990, 7:30 p.m. BOARD *Teresa Robinson, Supervisor *Gordon VanBenschoten *Donald Cummings * Ellard Sovocool -Carl Haynes PUBLIC PRESENT Gary Wood, Code Enforcement Officer - Leland Cornelius, Town Highway Supervi sor ,john Fitzgerald, Town Attorney Robert Walpole 21.9. ( *present) ® Teresa Robinson, Supervisor, opened the Town Board meeting. Gordon VanBenschoten made the motion the May 1990 minutes be approved as presented, Ellard Sovocool second motion; ALL were favor, motion carried and the minutes were approved. Review and approve bi ** General. and Highwa Ell and bills motion lls y� Sovocool made the motion the General and Highway be approved, Gordon VanBenschoten second the VOTE: ALL IN FAVOR ? MOTION CARRIED ** Capital Reserve Fund: -- Discussion on the paving bill, which fund should it come out of. Gary Wood stated the contract called for paving 5 feet beyond the building. The amounts in the contract for this was about $2,000 (to be checked) and $2,000 + /- for landscaping. The paving bill is $1093008 _ Building expenses come out of taxes, new building construction comes from the capital fund. Jack Fitzgerald stated that if 5 foot was allocated in the contract then the cost of the 5 foot should be taken from the capital fund and the balance from the general fund. - Gary Wood stated the chips, fencing, etc. should be covered by the landscaping quote in the contract. - Jack Fitzgerald stated if the items were not budgeted for then the Board would need a resolution to pay the bills. The Board can either do it piece meal as the bills come in or wait until they are all completed. The labor paid for the paving, chips, fencing, etc. should come out of the capital fund and not the highway budget. The contract also called for a drain and leech bed to be put in. The Town put in drains instead of their drywell, which was better but more costly. Gordon VanBenschoten made the MOTION the Board pay the paving bill with the amount allocated in the contract, about $,000 (to be verified), and the balance to come from the general fund, Donald Cummings second the motion; VOTE: ALL IN FAVOR MOTION CARRIED Gary Wood presented bills for January and March 1990 for material for the new addition in the amounts of $1664.00 and $877.17, respectively, totaling $2,541.17 which brings his total bill to $6,379.43 • within the $8,500.00 approved by the Board. Gordon VanBenschoten made the MOTION the Board pay the bills as presented by Gary Wood for January and March 1990 totaling $2,541.17; Donald Cummings second the motion; VOTE: ALL IN FAVOR MOTION CARRIED Recycling, fencing and attendant. L. Cornelius would rather have the recycling bins located at the Town Barns in the northwest corner instead of the gravel pit on Spring St. for better supervision. He had a diagram of the layout for the Danby recycling location which isn't fenced; Newfield "s recycling location is fenced in about a 50 x 10 foot area. E. Sovocool wondered about the Village participating in the Town recycling. It was discussed and commented on that since the Village has curb side pick up -fore recyclables it should stay that way and if in the future that falls through the Village can be included in the recycling. 220 T. Robinson reported negotiating the contract with the County for the recycling gondolas and pick up but will be at least 4 weeks before it is completed. The County will furnish the gondolas at no expense; the Town will be responsible for the expense of the municipal property location, fencing and attendant. T. Robinson will check to see if signs for gondolas are included at the County expense. The County has proposed leaving the recycling truck once a month in McLean at the Fire Department. ° There is money in the budget to cover the cost of the recycling program except for the fencing required. Donald Cummings made the MOTION the Town include in the budget item for recycling the expense of the fencing, Gordon VanBenschoten second the motion: VOTE ALL IN FAVOR MOTION CARRIED Attendant: Danby and Newfield hire a person to oversee their recycling area. Suggested Board look at groups such as the 4 -H, Senior Citizens, etc. for attendant. Review of Correspondence and Town Officials monthly reports Town Clerk's monthly report reviewed Town Justice Heffron's monthly Letter from Costel to the Munson Farms proposed use Town of Groton did not abandon th treated metro waste. report reviewed 10, Cooney and Furney (5p ?) in reference of municipal sludge. Make note that the e proposal as the Town does not have any J. Fitzgerald reported that motions in the Anderson case were adjourned to June B awaiting a mortgage and confession of judgement to be issued by Anderson's lawyer. They were delivered June 5 and the Town was not in a position to answer the motion so it was adjourned to June 22. Would like to know where the Town stands to be prepared for the June 22 adjourned date. T. Robinson stated the Town needs to get together with the County. The County wants to hire a private contractor for the removal off the property so as not to have the County equipment visible. ° Phyllis Heim is requesting a "Children at Play" sign for Chipmans Corners Rd. and Rt 38 area due to the heavy truck traffic on Rt 38 caused by the rebuilding of Rt 38 north. ° Rood has requested something be clone with the depth of the ditches on Salt Rd. south of Davis Rd. to Stevens Rd. They are deep and eating away at the shoulders. It was noted Salt Rd, is a County road. Clerk -of - the -Work s a) Light in back hallway - Gary requested a change order of $132 for a night light circuit on the hallway light near the men's room. Board approved b) Light in Town Clerk's Office - repair has been ordered c) Clean carpets per proposal - Gary has located the carpet installer, EJMS Carpet Service of Syracuse and will get in touch with them about repairing the carpets and possibly cleaning them. Gary Wood - Zoning Report The 1989 State A the delinquency and will get ri G. Mood reported June 6, 1990 were 38 in compari id Voucher is overdue. Gary acknowledges • ght on it. the number of building permits issued to son to 16 in 1988 and 19 in 1989. Revised Land Use and Development Code Jack Fitzgerald reported that the Code is not yet ready. He will have it Resolution due to a change in office help for the July 1990 meeting. Donald Cummings made the MOTION the Board declare a joint resolution with the Village of Groton to designate July 16• -2051 1990 as Tompkins County 4 - -H Youth Fair Week, Ellard Sovocool second the motion; VOTE: ALL IN FAVOR MOTION CARRIED i McLean Fire Station project A meeting with the Commissioners, and Chief Officers requested by the Mclean Fire, Town Board, McLean Fire District Fire of -the McLean Fire Dept, has been 221 G. vaneenschoten suggested the Board go over to the McLean Station for a meeting. D. Cummings commented he thought the Town was going to try and get around it. E. Sovocool asked what the status of the • t • t this time. �i ua on was at T. Robinson responded it was at a stalemate. G. Wood reported he fells he has made them a reasonable offer and in his judgement what they have done is potentially dangerous; has the implications of serious problems some day down the road, maybe not ® while we are around or maybe never. He doesn't feel comfortable with it, feels they didn't do right and they did it unnecessarily. It could have been done differently. His offer was as .long as they didn't want his services they should hire somebody and do it right. D. Cummings asked Gary if he realized the Town Board does not support him in this. He stated he has been getting Calls from the boys over in McLean; he knows most of the people and thinks there are some pretty good boys over- there and doesn "t like this. He wished Gary could just loot, the other way and let it go and forget it ever happened. G. Wood stated why not tell 'them that you wished they would respect the Town Ordinances just like you e.tpect everybody else to doe D. Cummings stated its harder to tell a whole community they are wrong as opposed to one guy. G. Wood responded that was true; but there is an attitude problem with McLean going back to when the Labor Dept, came through and said because they had a place for public assembly they had to have certain safety features just like any other place of public assembly. They didn't do anything until the Labor- Depts threatened to close them down. Then they came around and wanted to know if Gary would help and he did and them they didn't meet the commitment that was given on their behalf with their concurrence. G. Wood stated there are real problems on several grounds. What would happen if he is right and the flood waters come and that thing blocks the bridge? What happens if the State DEC comes through and wants to know what this is doing in a flood plain? What about when others want to build in the flood plain and we say you can't and they point to this and say `why can't I ?' D. Cummings responded he couldn't see it being a problem. If one guy wants to do that you can say no, "it's easy to play with one guy but you are playing with 50 'to 60 of them," G. Wood responded he doesn't see it as fighting. D. Cummings responded they seem to think Gary is. G. Wood responded that they won't come and talk to him about what they want to do. He stated he goes to the Faire Station and talks to Mike and then 'they write letters to the Town Board. They don't tell him what they are thinking. "I'll tell you what you do, you amend your zoning law and that will get us out of :it." D. Cummings wondered what the meeting would accomplish. The Board can't tell them after the meeting now they can do its G. Wood responded with, "there is a perceived notion that certain members of the Town board told them they could go ahead and do its If they just wrote a letter to the Board and stated what they were going to ® do, they could go ahead and do it and the Board would take care of me." D. Cummings stated he never- heard that. G. Wood stated the whole thing never needed to happen. "The problem is, they dumped that fill in there and then they built this thing on a 4 in. concrete slab, no footing at all, no... , «-i1 1 it is going to take is a little water to come down through there, the fill will come right out and the thing goes down in the creek. There is nothing there to protect that fill. As I said before there are solutions, I think, the problem is the McLean Firemen don't want etc do it. That letter that Mike wrote to you made me look like a big jackass. because I wanted them to go down 4 feet. They couldn't afford the concrete bL+t Lewbro gave them the concrete. They got the concrete for free from Lewbro. He spoke about 'sky hooks' to put the thing in the air lake I wanted to. The fact of the matter is -tine amount I wanted to raise i,t turned out to be 1 ft. is in. by actual survey measurement. It isn't that they can't do it, it is that they don't want too "I think the way to harldle thti very 5er,iously, is for the lunar'# to say 'it is not oLtr problam, you deal with the zoning of and m4£Lke them come to me. - T. Robinson stated they have asked to talk to u{P. D. Cummings thi rtiks it has gone too far° and that they won't Flo it and if the Board pushes them far enough they will gelt a 1aLmljyer and lF i ght it and then the 90ar-d will have+ to fight i t toss and i. t wi 1 1 end up coating everybody money. McLean doesn't really wig int, to do that but if tht9 Beard 11 LAShU5 them f ar tsnough that i5 what they will do. � G. VanBenschoten �t ited that to his understanding they aren't dDi ng ,anything to the cr-eekr G. Wood rP.5punded he understood they talked with the DEC abos.st whether or not they could burg a well in the creek and the DEC told them, or somebody told them, tha,'t was no problem. Why they chase to be conceemned abQUt that arid not care about the other things involved he can't answer. I], Cumolln95 questioned were they going to bury Rome Find of a tank in there. G. Wood responded, yes. -� T. Robinson stated she had T1eeLrd all sorts of things and they have asPed for a rnemeting and the Board should let them en:plain it. We will Schedule a meetir`1g. D. Cumm;tngir� stated if there is going to be a meeting, have it quick, and don't make the -,%m viait ,.�nather month. G. Wood stated i+ the shard wanted ham to be present, he would he au.t of town June 13 to 3une 20. McLean School Crossing T. Robin =.,t n rece,ivs�d two phone eallsy one from a cit'Lxen ;:Ind one from the principal of the McLean Schuol concerning a crossing gtriard -for the 3 -way stop at the interser-tion of Fall Creek Rd, and Peru /11cLean Rd /Rte .54B in front of the school. Since the bridges and •'s ass ;arP being fi ecl they are concerned with the amount calf tra ## i c that is going over the road. There is a diagonal crossing frorn the school to the 'trai:k¢ r p8rk across the road . �. the school is part of the Dryden School D'istr'ict the school building is in the Town of i3roton �. the roads are cOunty ro4Lt1ca the t� ail r- paid: is in the Tl�twn of Dryden the i nter5 ct i on proper is in the Town self Dryden The Village of Groton psi s For theme cro55inq quarde on Elm St . a they are considered part of the pnlicEs? depdg;rtrrent. Mast er l MLknis_iPalitiES pay for crossing guards, not the school districts. Referred to Jack Fitzgerald to help clarify whose responsibility a crowing guard would be. Purchasing highway repair truck L. Cornelius requested authority tO peat L.Lp for bad the 19 a4 Chevrolet oil trucle wlspray /patch€nr. EIlard Sovocool. m4ade the MOTION the Town Board ,authorize advertising for hide for the said of the IY54 Che slot o,i1 truck with prayerfpatcher, Gordon VanBenschoten second the mctinnm; VOTE: ALL IN FAVOR M13T I ON CARRIED U. Cornel i u5 has found a 1987 Ford Ranger truck for $3 200.00 to replace the 1972 Chevrolet pickup that won't pass inspector without a lot of money being putt into it. Beoauae it i5 1 055 thatk $5,000.00 the p.urGhase can be vouchered, dovs not need to go for bide The 1972 Chevrolet pickup can be sold at 'Ellie municipal auction to be held in Lansing at a liter date. Gordon VanBenschoten made the molllrioN the Town Board authorize the Highway Supei•'intendent to purchestta a 1957 l=ord Ranger pirt.up to replace the 19721 Chevrolet pl Lzl.up., Donald Commings second tht motion; VOTE: ALL IN FAVOR MOTION CARRIED Court Room Bunch and Chairs ULUr ?5tion� is a bid required for the bench mind Gha1rs or Ys it part of the new buildir4g construction? - J. Fitzgerald with the lli'st. -of cases -that Fie revIE!Wed, profession services or manager contractaIr rmertified public acCCaUntants, nature Of profession c.�ervi ces don't have to go nLit for cornpet i ti ve bids. ' Also a case in conriection with the printing of a brochure was called creative artwork was determined -tot to require r_C2Mpet1 ti vG5 bid. If yot.L are talking about a berfch and a rail that anybody can supply yos,t probably would have to go out for bids. If you are talking about hiring 5umubody to create one you probably wool cl be safe. There i5 an al ter-nati vn, go out for bids in the local area for what you want- decorated judge's bent :h and whatever it is you w int with it-to protect yot,Ireelf. There in only one tar- two people in the area who have the e.,peli tj eE+ to do what you are con5i �CerirL��. T. Robin un was concerned aboktt the doFiign received was his piece of art and should not have to release his ar-t tc3 have others bid on i t• . J. Fitzgerald replied if ya +a ;ire going #_o Use his criteria and measurements you would have to release his design, Hot what you can do is go out and a 5k others to zubmi t their own design. In off eat that i5 euer-y�hody� 5�taabllshinq their- own bid and there are opinions of the Attorney Gennrnl that i5 not the proper way of cooing it either. �- a. Fitzgerald would foal sa +er doing it that way. Have periple submit their- oven' desOLgn fort it then you have given everybody an 0pp43rtunity Or YOU can decide it is professional servicesfar-t aLid i5 a protected item and therefore you don't have -to go out for bids for it. Hoer many peopx a have bc�en a 5ked +moo +eAr-. T. Robinson stated she conti�+cted three people to see if they were interested and only one has �'.Ltbmitted a design. - J. Fitzgerald questioned what was the projected expense. �. T. Fobin:iun responded ahot.tt $20,000 fcxr the bench wltable top} back dropq railingsq podium, made and installed. �. J. F itzs erald : }utnrr�ar izcd there i5 no Specific � >:err�ptit�r� fer t =reati re artwork - but there i5 an Attorney Gener4�tl s opinion_ This is creative artwaork. SameUody i,s mar'ufact�.;ririg this 5pecifically for the Town Of Gr-atarl, J. Fitzgerald stated you don't have to give away this fel1OWS designs. Put out a r-equu;s t for what you toiant, have them come in and do their c[wo frtecjstntir°ements and present a design. Cited a 1��0� opinic3n: "Even when it i5 clearly established that a pr°o4o�sion service exception is applicable and 4orm,0- competitive bidding under the General Municipal Laws 14� is riot r-equirLsd5 in ardor to asst.Lre thEt contract award is made in the best interez�t of the t�txp�tyer`� it i generally a [ivi,�aable for the municipalities to eee4; cofnpetitioro." That - i5 what you are doing is seeking competition, you are giving one or two other penple the right to Bubmi,t a design and a cast for it. J. Fitzgerald stated the Town would be 5,�%fer' doing it that way and rRbove repr- actchs_ RR Wolpole suggested Gary Wood draw up the general specs for a ba_nch, jLtry box, witness stand, speakers stand for a multi -uee room end pert them out ~tar bid and compare the de i gns. Gordon VatnHenscht)ten made the MOTION the Town Hoard advertise for designs far the court/conference room, E l l and Sovocool second the motion, VOTE! ALL IN FAVOR MOTION CARRIED -� T. Robinson 5tated :ryhe had a sample chair for the Board to review but it was returnt�?d to the Surplus Depot. It wx.is a cloth seat with would +rame. State Comptroller's " opmrt of Examination" - T. Robinson commented that most of the problem Seemed to he Jl[). 14 - Policies and Frocedures. A crumml t:t ep will be established tO otLt l 1 rte poi 1 [ 1 es and pr-ncedt..tr-eEi for- the Town. There were no othere~txons in regards to the deport. Not i ce of Cl ai m J. Fitzgerald repurted to the Board a Notice of Claim has been fikef� against the Town �andei Section 5OF o+ the Dener'al Municipal Law by the Hedlund and Brown 4ami1ies. Their cl1lLim is in and amount the County barns appar-erstly i s some seepage of tome oil based. products. His soggestion is the Town file the Notice. There i s suppose to be a boDk under Section 50F o1F the General Municipal Law where the time received, from who received and the amount of clai,fn i�s rioted and them the claim is turned oveer to the Town's i,n5ur'ance ,carrier for prot essing. All this is, is a Notice of Claim which han to be filed by the plainl tiff within 90 days of the alleged wr -Dng. The only thing noted against the Town in the claim is the allegation the Highway Superintendent washed some Town plaintiff. It is trucks at a preliminary the County procedure site. to This suing notice the is Town. to protect the They are required The Town to give should be the Town insured notice for so this the type Town of difficulty. can go and examine the facts. If we are not the insurance carrier will let the Town know. Discharges of Liens -- J. Fitzgerald gave the Town two letters from Fidelity and Deposit that Bock Brick, Inc. and Marina Tile, Inc. have signed discharges of their Public Improvement Liens. These should be transmitted to the Tompkins County Clerk on Town stationery to be filed. Executive session • Gordon VanBenschoten made the MOTION the Board go into Executive Session for personnel matters, Ellard Sovocool second the motion. Appointment of Part -time Bookkeeper Gordon VanBenschoten made the MOTION the Town Board unanimously approve Charles Rankin as the part -time bookkeeper for the Town of Groton, Donald Cummings second the motion; VOTE: ALL IN FAVOR MOTION CARRIED Distribution of Town Board minutes Ellard Sovocool made the Motion -the Town Board minutes be distributed to all Town Officials and the Chairmen of the Town of Groton Planning Board and Zoning Board of Appeals, Gordon VanBenschoten second the motion; VOTE: ALL IN FAVOR MOTION CARRIED Other Business before the Board - T. Robinson related receiving a bill from Tompkins County for taxes the County overpaid to the Town of Groton in the amount of $1,176.02. 'Tompkins County overcharged the franchises operating in the Town of Groton and overpaid the Town. Donald Cummings made the MOTION the Town pay back to the County the overpaid taxes in the amount of $1,176.02 which resulted in Tompkins County overcharging the franchises that operate in the Town of Groton, Gordon VanBenschoten second the motion; VOTE: ALL IN FAVOR MOTION CARRIED 1990 Funding to Human Service Coalition - The Town of Groton allocated $615 in the budget for the Human Services Coalition. A bill was received for $625 so the Town needs to transfer $10 from -the contingency fund to the Human Service Coalition budgeted item. Gordon VanBenschoten made the MOTION the Town of Groton transfer $10 from the Town Contingency Fund to the Human Service Coalition budgeted item, Ellard Sovocool second the motion; VOTE: ALL IN FAVOR MOTION CARRIED 1990 Youth Commission Contract - They Town of Croton has allocated $700 for summer jobs. There is a half-time position that the Youth Commission is going to have, 95% of this money is covered by Liberty monies a fund for youths in Tompkins County. The Town is going to be asked to contribute $600 to this position. • Resolution Ellard Sovocool made the MOTION the Town Board place Julie Mackey on the Town payroll as of June 1, 1990 at $6.00 /hr under the Civil Service title of Gleaner•, Don Cummings second the motion; VOTE: ALL IN FAVOR MOTION CARRIED Ellard Sovocool made the MOTION the Town Board meeting be adjourned, Donald Cummings second the motion and the meeting was adjourned. Respectfully submitted, ��� Ait Margo et A. Palmer Stenographer a