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HomeMy WebLinkAbout1990-09-10MINUTES OF TOWN HOARD MEETING HELD MONDAY SEPTEMBER 10 1990 AT 0 P.M. Those present: Teresa H. Robinson, Supervisor Ellard L. Sovocool, Councilman Donald E. CLmmiags, Gounoilma.n Gordon C. V enschotsn, 'Councilmen Carl T. H1aynes, Councilman ,Pack Fit ferald, Attorney Also p- resent: Leland Cornelius, Jim Allen, Guido Petrella, Verl Rankin, Modica Carey Minutes of August 13th board meeting were not typed no action taken. Claim Nos. 210 to 234 of the Highway Fund in the amount of $76,6 ()0,64 and Clam Nos. 427 to 511 of the General Fuld in the amount of $11,005.55 were presented fax audit. Move[ by Mr. VanBenschoten, seconded by [fir, Sevocool that the bills be approved for payment.' Ayes Sovocool, VanEenschoten, G&LuLmings, Haynes, Robinson, RESOLUTION NO, — 5 - CAPITAL RESERVE MJD PAYMENT Moved by Mr. Van.Banschoten, seconded by Mr. ov0000l Ayes - Sovocool, VanBenschaten, Cummi ings, Haynes, Robinson RESOLVED, that Claim #99 from Surplus Depot for 70 stackable chairs in the amount of $1,962.30 be paid. from the Ca n Reserve Pond. Board meeting recessed fox hearing at 8 :00 PM 8:ooN - 'Hear'ing - Proposed New Zoning Ordiriance Notice of publication was read - published August 29, 1990 T. Robinson - I'll read George's note. "If I could be there for the HeaXing, I guess my opening statement would be that the main reason for the change was to make it easier to understand. {If the Board, Members eArkd CEO had roblerns with it then the general public certainly must have. The biggest change was the deletion of the double standards 'between facilities and activities. Also, it was made clearer as to road frontage, size of lots and square footage for apartments. This changing, in icy opinion, made it less restrictive and easier to understand. Signed - George L.. Totiaan " V. Rankin: We tidier up latigua,ge better and made it simp1lex to understand,. T. Robinson: One of the things that I feel, as a board member, I think that everybody should be notified when there is a ohartge. I mean people in the vicinity. We've done it as a, courtesy but I caret recall if..it's in .there or something that has to be done, but I think that your neighbors should be aware of whats going on. V. Rankin: I think that's part of the.oxdinance -- -__ - -- I m.not Sure, but you aught to let people know what's 'Ding on T. Robinson: Ya.h, but there's other things happening too that I still think doesn't hurt to let the neighbors know. M. Carey; Well, there's really nothing in the ordinance that says that. If we fallow Site Plan Review, we can either go long form Dr short foam. If we feel it's not affecting nez hbo7r , then we don't call for a public hearing, but if we feel it will affect the neighbors, there we call for a ,public hearing. T. Robinson: I'm not really specifying that it be a public hearing neces$arily, but I think that the neighbors should have a written notice that it is happening ox occurring. Now that's my own personal view. [�t. Carey: Well, wolxld it cost the Town moxe money to send it out, extra st;&wgps, paper and stuff? T. Robinson: I don't think that it has to be such a big affair. Just have some kind of form and notify them that there is going to be a change. If they're interested they can some in and find out. Otherwise, all of a sudden something happens and they don't know about it. Maybe you don't think it's an environmental change to them when you're looking at it, but they themselves might think it is. V. Rankin: I don't see anything wrong with that. It's probably a good idea to let the people know. As long as they're paying for it-- - - - - -- T. Robinson: The other question that I had put to me was when you have a trailer, we have a size trailer that we have stipulated should be in the Town and a couple of times the trailers ® have-been put into the Town with factory built additions and they have passed. Now is that going to be something that you're going to do? V. Rankin: Well, Teresa, do you mean that there is a limit on how much you can go or how little you can go? There is a limit on how smalll you can go, but I don't think there is a limit on how big you can go as long as your lot and boundaries are okay. Z'. Robinson: No, but what I'm saying is are you going to allow homemade additions? Me Carey: I can't Rankine see how you can refuse it. A trailer is somebodys home and if they want an addition put on it ... V. Rankin: If it's legal according to the oriiinance.... T. Robinson: But if the trailer is small V. Rankin: Well, the trailer should be legal. It's illegal to put one in that's too small -- that's up to your zoning officer. If he lets one that "s -too small get in, then that's his problem. But he's not supposed to do that. T. Robinson: This is hypothetical, but say you had a a small size trailer. My understanding building onto a piece of property, that no matter where or what, if you put it, of land, you have a lot big enough and on it. V. Rankine It's got to be big enough. Me Carey: . It's got to be a,14 x 70 trailer and it was is when you put a is the first time, you have a piece you put a trailer V. Rankin: It's got to be 900 square feet or something in order to put it on there. T. Robinson: Okay, but if it was legitimate in one part of the `town, say Crandfathered in or something and they moved it to another part of town M. Carey: They can't. V. Rankin: They're not supposed to do that. T. Robinson: All right, just remember this V. Rankin: We can't do nothing about it. Your zoning officer would have to handle that. T. Robinson: I know, but I'm just - making a point. things that cannot be done. M. Carey: But we have no control on that. Because there are certain 235 2136 T. Robinson: I have stated before and I will state it over and ovex again. . As long as I've been here I have not interfered in the zoning. I have interfered after things have gone because I don't think that it's right. I feel that everybody should be treated equally. V. Rankin: Well, so do we but the only thing is that if these people told us then its up to the zoning officer, He's got to straighten it out. The Planning Boaxd can't enforce laws at all. We ,just Rake thenn. As bad as they axe, 'we make them. Petrella! A point brought up by Teresa. The legal limit of a trailer is 14 x 70, x'ight? 900 sq. ft. Now, we've got two things going on here. When she tried to make a point of before, now that same .,..,, if somebody bought a trailer 14 x 60 and therei:wa.s a manufactured 10 x 10 room on the side of it, that still meets the =Ii teria of the 90D sq. ft, and that's what I think she was trying is say. I don't know, what aTe you going to do? V. Rankin: I don't know. I think i't's got to be a 14 x 70 and then if yoU want to pat Your room or addition onto it it's okay. C. Pierson: The size is 12 x 70 or 14 x 60 with 840 square fret. V. Rankin : Jack, is that the footage? G. Petrella.: Is the law square feet oar is the law a specific size. We know that a 14 x 60 makes the square footage, but do you care whether its ten feet short with a 10 x 10 room on the side manufactured by the same factory? V, Rankin : I think the manufactured thing has got to 0o on first. The $40 or what zs it Jack? Jack, do you know ..... J. Fitzgerald: I know what the ax put an addition on footage .,..,. but sages the oxiginal riolse to pick up} crunent is, but whether or not you can there in order to make up the required there is nothing in the ordinance that unit has is -be ...,.,.. (Too much G. VanBenscheten: I remember getting a case like that, a 12 x'70 that had a factory made expands or no it waiWt a 12 x 70, it didn't meet requirements but it had expa.ndo enough and a lot right below Phil Ding's across the road where its ocQapied right now and they wouldn't let the paxty put the mobile home in there at that ,time. It would, have met it like Guido talked about. it if it was factory made. G. Petrslla: If you go strictly say 60 x 14 or 14 x 60 but it really doesn't have to if you say it only has to be 840 sq, ftw because there's other ways to do it. T. Robinson: Them you also have the Factory made and than you have somebody else that oobble� something together ....... T. Robinson: Is there any other points? V. Rankin* Whatever i t says in there, that's what they can do . I forgot what it says. If our Atto37ney up there says that's what it is, then that's what It is. J. Fitzgerald: You could have a problem. The purpose is to provide safe housing. It's cenoeivable in this age than we're living in to have perfectly safe housing with leas than that figure then we'd have a serious problem, of course. But if somebody can put togethea 7 the necessary 840 yq. ft, then that's what we're saying is the minimum area that a family can. occupy. Take another' example, suppose somebody biilt a houee arid. it was only 800 and they pint another' add'Lisn on it, you can't prevent them from doing that. They ought to be able to do it with a trailer too. n 231 V. Rankin: On a house they have to have the 840 sq. ft. I suppose that would be the same thing as your other thing there but if they got this room that foes on the side, it could be a problem .. J. Fitzgerald: If somebody can go get there building permit and you can build 800 or you can build 700 sq. ft., you're not going to get yourself a certificate of occupancy until you've met the code. Okay, so the guy builds 70Q in order to the certificate of occupancy he's going to build another room on there. The same thing holds true with a trailer. You're going to allow the person with a stick building to do it and there's a big problem in selective enforcement of a trailer ordinance. You can't totally preclude a trailer from coming into your town. People living in trailers ® V. Rankin: But they do do that in Cortlandville don't they? J. Fitzgerald: I don't think so. You can designate an area. There would have to be some areas here in town. There is a trailer park on top of the hill ......... and make it tremendously inconvenient for somebody to do it and therefore indirectly restrict trailers from your community, but sooner or later somebody's going to test that too and you're going to end up by loosing because courts have held for years that you cannot prohibit trailers from coming into your community. V. Rankin: I'm not against trailers. I might even be living in one some day. T. Robinson: Does anybody have any other statements? If not, we'll close the hearing. Hearing closed at 8:15PM. Board Meeting reconvened at 8 :15PM. Town Board Members, Attorney and Planning Board Members discussed briefly new ordinance and whether or not it contained all revisions as presented by the-Planning Board. Mr. Rankin and Ms. Carey stated it was complete to date and suggested that the Town Board take action to adopt so enforcement officer would have something to work with. RESOLUTION NO. 36. - ADOPT NEW ZONING ORDINANCE FOR THE T0WN Moved by Mr. Haynes, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby adopt new Zoning Ordinance to become effective at 120# . 01AM on the day following expiration of the existing Land Use and Development Code which is a Local Law, RESOLUTION NO. _ 37 - ADOPT LOCAL LAW N0. 3 FOR THE YEAR 1990 ?loved by Mr. Sovocool, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby adopt Local Law No. 3 for the Year 1990 repealing the Land Use and Development Code as follows: ® Section 1. The Town of Groton land Use and Development Code (Local Law No. 1 for the year 1983 as thereafter amended by Local Law No. 2 for the year 1983 and Local Law No. 2 for the year 1984) is hereby repealed. Section 2. This local law shall take effect immediately upon filing with the office of the Secretary of State. Proposals were requested from qualified firms or individuals to provide administrative services in conjunction with our recently awarded Community Development Block Grant. Five requests for applications were received and, one was returned. Supervisor Robinson opened one proposal at 8:30PM: Thoma Development Consultants, 34 Tompkins Street, Cortland, NY. - Total proposed cost is $85000 24 uQ RESOLUTION N0. 38 - ACCEPT THOMA DEVELOPIMTrNT CONSULTANTS BID TO MANAGE COMMUNITY DEVELOPME1T BLOCK GRANT Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby accept proposal from Thoma Development Consultants in the amount of $8500 to manage the FY 1990 Groton Community Development Block Grant for the life of the project. Supervisor Robinson said the County hopes to start recycling in October at the Peruville Highway Barns. Will be open Saturdays from 9AM to 3PPi. Howard O'Shea will be working and Jim Allen will act as back up. They will be paid by the Town with reimbursement coming from the County. RESOLUTION NO. 39 - APPOINTMENT OF HOWARD O'SHEA TO WORK AT COUNTY RECYCLING DROP -OFF CENTER IN P ERUVILLE ?Moved by Mr. Haynes, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby appoint Howard O'Shea, with James Allen as fill in, to work at Tompkins Counties temporary Recycling Drop -Off Center in Peruville for an hourly wage of $6.00 per hour to be reimbursed to the Town by Tompkins County, Supervisor Robinson had discussed McLean School Crossing Guard with Principal of McLean School. A guard is needed for.one -half hour in the morning and one -half hour in the afternoon. Town is responsible for providing guard. Guards are getting from $4.25 to $5.00 per hour. RESOLUTION N0. 44 - APPOINT CROSSING GUARD FOR MCLEAN SCHOOL Moved by Mr. Haynes, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby agree to provide a crossing guard at the McLean School for approximately one -half hour in the AIM and one -half hour in the PM during the school year at the rate of $5.00 per hour. Supervisor Robinson met with County Department of Public Works people at McLean Bridge. Several McLean residents were complaining of water running of bridge and road onto their property. It is a County problem and they plan on taking care of it. Discussed McLean Fire Lanes at the Square. Attorney Jack Fitzgerald wrote a letter to 1t1r. and Mrs. Roundy with a copy to Mr. Hummerford of the Tompkins County Highway Department as follows: It would appear at the present time that there is a question as to the precise location of the boundary line between your property and that of the local fire district. I expect that a resolution of the problem will be reached in a matter of a few weeks. In the meantime, I have been instructed by the Town Board of the Town of Groton to inform you that there is a town ordinance which prohibits parking inside a designated fire lane and that should it be determined that the property in question is indeed on the public right of way, the Town of Groton will enforce the "no parking" ordinance retroactively to the date of this letter. If you have any questions, please contact the undersigned. John Joseph Fitzgerald - Dated September 12, 1990 Jim Allen, Chairman of the Village Planning Board would like to schedule a joint meeting of Town and Village Planning Boards to review projects and discuss future planning. Leland Cornelius, Highway Superintendent, said auction was in Lansing on Sept. 22 for used equipment from municipalities. He will be selling a 1972 Chev. Pickup, Tractor IMower and Overhead Door panels. He also would like to buy a used Chevy one ton truck. He wants to put lift on chassis and use "lobster" cage for storage. CJ • r ,.2,'39 RESOLUTION NO. 41 - AUTHORIZA`T'ION TO PURCHASE 1985 ONE TON TRUCK Moved by Mr. VanBenschoten, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town :Board does hereby authorize the Highway Superintendent to purchase a used 1985 one ton Chevrolet truck for $3500. Gary Wood, Zoning Officer, reported that in 1988 64 building permits were issued, 56 in 1989 and 73 to date in 1990. He also has located sno -jax for metal roof to keep snow from sliding off roof in entrance ways at a cost of $5.75 per each. He would like Boards approval to order and. have installed for a cost of $350.00. 8 Moved by Mr. Haynes, seconded by Mr. Sovocool, to authorize Gary Wood to order sno -jax and have installed at a cost not to exceed $350.00. Ayes - ® Sovocool, VanBenschoten, Cummings, Haynes, Robinson. Mr. Wood also reported that he has a meeting at 10 :00AM tomorrow with DEC to review Flood Management Permits in the Town. Mr. Wood reported. that he had a very poor response to junk car ad. He will get individual letters out to all violators. Dennis Jones of Ciaschi, Dietershagen was present to go through financial report with Board. Town must adopt investment policy. Budget over - expenditures -- Town Board didn't amend bud et but had approved transfers. Cash Management -- Under collateralized by 110,000. On annual update the Capital Project was left off -- should get someone to review before submitting. Town should not exceed range of 20 - 30% revenues. Town has too much unexpanded funds. Should designate special funds to avoid some of this. Leland Cornelius will get with highway employees to set a date for highway negotiations. There being no further business, Mr. Sovocool moved to adjourn meeting, seconded by Mr. Cummings, at 10:05PM, Unanimous C�7� Colleen'' D. Pierson Town Clerk SPECIAL TOWN BOARD MEETING HELD MONDAY, SEPTEMBER 24, 1990 AT 12 NOON Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Donald E. Cummings, Councilman Carl E. Haynes, Councilman Jack Fitzgerald, Attorney Absent: Gordon C. VanBenschoten, Councilman Also present: Leland Cornelius, Gary !good, all Highway Employees Purpose of meeting was for highway negotiations. Gary Wood and Jack Fitzgerald discussed zoning fee schedule. Would like ® Jack to research to see if we can do fee schedule by resolution. Employees asked fox: 1) After 20 years service one more week of vacation 2) Birthdays off 3 Increase Uniforms from wive sets to eleven 4) $2.00 per hour increase across the board Board discussed the above requests -- uniforms currently run $120.00/mo. Should have a minimum rate and top rate for job classifications. Increases should be at discretion of highway Superintendent and Town Board. Should have clean uniforms each day. Only Ken and Jerry get incentives now. Town Boards offer: 1) One week after 20 years 2) Increase uniforms to 11 sets 3) 59of across board increase 4) 5 year incentive at 20¢ per hour 5) Increase 10, 15 and 20 year incentives to 20¢/hr.