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HomeMy WebLinkAbout09-1994MINUTES OF TOWN BOARD MEETING MONDAY, SEPTEMBER 12, 1994 AT 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Gordon C. VanBenschoten, Councilman Donald E. Cummings, Councilman Carl E. Haynes, Councilman Ellard L. Sovocool, Councilman Francis Casullo, Attorney Also present: Leland Cornelius, Liz Brennan, George Senter, Bob Bernhardt, Phil Donahue, Orlando Houghtaling, Pam Stonebraker and Karen Smith, SPCA Moved by Mr. Haynes, seconded by Mr. VanBenschoten, 11th and August 8th be approved as mailed. Ayes Cummings, Haynes, Robinson. Claim Nos. 143 to 167 of the Highway Fund in the Claim Nos. 196 to 226 of the General Fund in the presented for audit. Moved by Mr. Haynes, seconded bills be approved for payment. Ayes - Sovocool, Haynes, Robinson. that the minutes of July - Sovocool, VanBenschoten, amount of $16,276.46 and amount of $21,150.34 were by Mr. Sovocool, that the VanBenschoten, Cummings, LIZ BRENNAN - BOOKKEEPER - Handed Board a copy of the expenditures and revenues to date. Also, the monthly report for month ending August 31 was given to each board member and the clerk. We have one transfer in the General Fund. Since you approved the purchase of the copier, we need to transfer from Contingency to Buildings for $912.33. We also need to modify the budget for insurance recoveries for snow damage which we want to be able to put back into the Highway Fund Machinery Account and that's $5,136.12. I also made a note on the Highway Fund Townwide page to let you know how much is left in the encumbrance for the truck ($15,000) that we moved over from last year to this year. There is still $2,904.26 left. Corny has some ideas for this which he will present later. We will do the same thing when we get the building itself simply so that it doesn't raise our expenditures and we are showing that we have extra money coming into the budget and it's going to be going out to pay for the new building. We'll be getting the budget sheets ready for the different departments to fill out. 1 RESOLUTION NO. 47 - MODIFY BUDGET - HIGHWAY FUND Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize that the 1994 Budget be modified to accept the insurance money for machinery damaged by collapse of building due to snow load in the amount of $5,136.12 as follows: Increase Rev. DA2680 (Ins. Recovery) - $5,136.12 Increase Approp. DA5130.4 (Machinery) - $5,136.12 RESOLUTION NO. 48 - TRANSFER FUNDS - GENERAL FUND Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize the following transfer of funds to accommodate the purchase of a copier: From: Contingency A1990.4 - $912.33 To: Buildings A1620.4 - $912.33 GEORGE SENTER - CODE ENFORCEMENT OFFICER - Year to date building permits issued: 1993 6411 homes 10 mobile homes 43 misc. 1994 60 5 homes 6 mobile homes 49 misc. Fran, Paul and I visited John Anderson site today. It's pretty much status quo. John has had some misfortunes lately with people staying there. We came by Sherry O'Briens and I noticed he had more vehicles than we allowed him to have so I requested Fran Casullo to drop him a letter. I issued him a permit until the end of the year like everyone else. I am going to send Jeff Clark out on Pleasant Valley Road a letter also. We also had a comment (Foster) about property that Todd used to own, that they're drilling a well way out back. I can't do anything until he builds something. Board discussed Anderson's situation. Atty. Casullo said Anderson still owns it. However, the Town or County may have liens against it for cleaning it up. As long as it stays at this point somewhat status quo, my recommendation is to just let it go until the point that it starts getting worse than what it is and then we can take some remedial action. PHIL DONAHUE - EQUIPMENT STORAGE FACILITY BID - Provided spread sheets to the Board for bids received on the Equipment Storage Facility. Four bids were received. 2 1.Fingerlakes Construction Clyde, NY Base Bid - $56,890 Alt #1 - Minus $11,000 Alt #2 - No Bid Alt #3 - Plus $1,100 2.Morton Buildings Morton, Ill. Base Bid - $69,447 Alt #1 - Minus $18,200 Alt #2 - Minus $300 Alt #3 - Plus $7,400 3.Jones- Marinich Endicott, NY Base Bid - $129,000 Alt #1 - Minus $1,500 Alt #2 - NC Alt #3 - Plus $600 4.R.L. Smith, Inc. Cato, NY Base Bid - 69,334 Alt #1 - Minus $16,093 Alt #2 - Minus $8,608 Alt #3 - Plus $645 Farr Construction of Horseheads, NY arrived late with their bid and we would not accept it. We prepared a bid analysis which Corney and I in looking this over and checking things out and conferred with Fran and his office, we're recommending that you reject the base bid and accept the alternate Kynar and snow load. That would be under reject base bid, second paragraph, item #1 - Accept Alternates #2 ( Kynar) and #3 (Snow Load) for a total construction cost of $57,990.00. We're recommending in our findings that that's the way you go. This includes concrete on the floor, Kynar 500 finish and a snow load of 45 psf. We need to get a letter of intent to award contract out to low bidder. The letter of intent will allow low bidder to call manufactures and get the steel. The notice to proceed would follow as soon as he comes back with submittals - draft of contract with sureties and warranties. All the 50 contingency does is allow Corney to act and not have to wait a whole month for the board to meet to authorize changes during construction. They have 60 days to complete job after signing contract. I will be billing the Town for my hours at $25.00 per hour. 3 RESOLUTION NO. 49 - ACCEPT BID FOR EOUIPMENT STORAGE FACILITY Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby reject the base bid (Polycoat) and accept Alternate #2 (Kynar) as proposed by Finger Lakes Construction and waiving the informalities within the Bid Form as submitted, and BE IT FURTHER RESOLVED, to reject Alternate #1 (deletion of concrete work) and accept Alternate #3 (additional snow load), and BE IT FURTHER RESOLVED, to award the bid to the lowest responsible bidder, Finger Lakes Construction in the contract sum amount of FIFTY - SEVEN THOUSAND NINE HUNDRED NINETY DOLLARS ($57,990.00) as stipulated above, and BE IT FURTHER RESOLVED, to authorize the Highway Superintendent to forthwith issue a letter of intent, and BE IT FURTHER RESOLVED, that upon receipt of the appropriate submittals the Highway Superintendent shall, all encumbrances having been overcome, issue a Notice to Proceed, and BE IT FURTHER RESOLVED, that an amount of five percentum of the contract sum be set aside for unforseen contingencies that would be covered by Change Order at the discretion of the Highway Superintendent upon consultation and approval of the Town Supervisor. Board discussed amount of insurance monies to be received on the equipment storage building and also the cleanup costs. It was decided to file the claim. RESOLUTION NO. 50 - AUTHORIZE SUPERVISOR TO FILE INSURANCE CLAIM FOR EOUIPMENT STORAGE BUILDING Moved by Mr. Haynes, seconded by Mr. Cummings Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize the Supervisor to take appropriate action to submit insurance claim for the equipment storage building in the amount of $49,000 plus $10,000 for cleanup. LELAND CORNELIUS - HIGHWAY SUPERINTENDENT - First of all, I'd like to go to my conference in Nevele on September 27 thru 30. I've found a used truck I'm 4 interested in. It's a plow truck. If we have another winter like last winter, we'll need it. It's going to replace the 74 Brockway. We were talking about maybe buying a new truck. We put the money in the budget last year and then I got clipped off for 40 some thousand in the spring so there is 23,000 left in that fund so there is no money for a truck. We've been running this side up here with just one truck. Last year when we got all that snow I put that ole 74 Brockway on and the rear end went out of it. It will never make another winter. I'd like to keep it for a backup. When you have snow like we had, one truck can't do everything on that side. The price is around $21,000. I brought it up and tried it out for a week. Dutch looked at it. Also, I'd like permission to take the old bucket truck that was in the building that collapsed to the sale in Lansing this Saturday. We received $3000 from the insurance company for it. Also, paving is all done. We will seal next week. RESOLUTION NO. 51 - RESCHEDULE OCTOBER TOWN BOARD MEETING Moved by Mr. VanBenschoten, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby reschedule October Town Board Meeting due to the 2nd Monday being a holiday and also Tentative Budget is to be presented to Board no later than October 5 to the first Monday of the Month, October 3, 1994, at 7:30 P.M. RESOLUTION NO. 52 - AUTHORIZE HIGHWAY SUPERINTENDENT TO ATTEND ANNUAL CONFERENCE OF HIGHWAY SUPERINTENDENTS Moved by Mr. Haynes, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize Leland Cornelius, Highway Superintendent, to attend the Annual Conference of Highway Superintendents in Nevele on Sept. 27th thru 30th. RESOLUTION NO. 53 - LET BIDS FOR USED 1985 OR NEWER 10 -WHEEL TRUCK AND SNOW PLOW EQUIPMENT 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 let bids for a used 1985 or newer 10 -wheel truck with snow plow equipment not to exceed $21,000 to be opened at 8:00 P.M. on October 3, 1994. k, RESOLUTION NO. 54 - AUTHORIZATION TO SELL BUCKET TRUCK Moved by Mr. VanBenschoten, seconded by Mr. Haynes Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby authorize Highway Superintendent to take Bucket Truck to sale in Lansing. PAMELA STONEBRAKER - SPCA - The SPCA's proposed contract amount for 1995 is $9,113. This amounts to a 20 increase over 1994's amount or a difference of $179.00. During the past few years, we have seen our expenses associated with dog control continue to increase each year. This moderate increase will help us to meet our dog control expenses for the Town of Groton. We have been doing dog control services for the entire county since February. ORLANDO HOUGHTALING - YOUTH COMMISSION - As you know we have been working with the Youth Bureau and Family & Children's Services up until the end of July. Family & Children's Services is no longer with us. The Youth Bureau is working with us between now and the end of the year. This is working out quite well. We have been working with Cooperative Extension with the Youth Bureau to possibly use them next year. What I wanted to do is have you take a look at the Family & Children's work sheet which is basically the second sheet. That shows that up thru the end of July and actually through August here on the work sheet what we owe them and what it came out is that we ended up paying them $61.40. If you look at the first column there was a surplus down at the bottom that says $17.66. That's what they owed us at the end of the first quarter. Total bills coming in should not exceed $300. Other sheets show 1994 budget and 1995 projected budget figures. The commission is making a recommendation that the Town Board and the Village Board work towards a contract with Cooperative Extension for the year 1995 as long as these budget figures stay as they are. There is one concern which I talked with Fran Casullo about and that is that we have no problems with the Youth Bureau and Cooperative Extension, it's the way that things have been done and we want you to be aware of it when you discuss this with them for a contract. What has happened in the past is that there were comments on unemployment insurance which we talked a little bit about. What seems to happen is we are paying salaries and fringe benefits through this contract. If that person is not working, and if you have to hire someone else, we would end up paying twice. Is that legal? Also, with the school renovation, I understand that the 6th, 7th and 8th graders will be moving into separate units and what we consider that might be down the road, we're going to need more time to service those youths. What we would like you to consider somewhere along the line, instead of just matching the funds, maybe you could give us 3% to put in the pot and the Village could also to build up the funds we will need. BOB BERNHARDT - Did you have that turned on? n T. Robinson - I don't think we did. B. Bernhardt - Last month you didn't have one and the acoustics back here are no better tonight than it was last month. How are you doing on getting a PA system? T. Robinson - Do you want the truth? B. Bernhardt - Let me get up here where I can hear you. T. Robinson - Do you want the truth? B. Bernhardt - Yes T. Robinson - I haven't done too much.... B. Bernhardt - That's the answer we've been getting every since last October when you went on record in saying that you were in the process of investigating a PA system and you were going to have it installed. After November, that has been the answer we've been getting, three times, and you haven't done anything about it. Now, I've thought all along that you've been stonewalling us, okay. But I really think it's this Board that's to blame. All you have to do is to have a motion from this Board to have this done and it would be done. Either you folks don't believe it needs to be done or you have to ask yourself why does everybody have to come up here to present everything to you? All these handouts tonight were given to you folks. None back there. Everybody comes up here to talk to you because they can't hear you back there. This is supposed to be an open meeting. I don't know how anybody could consider what was going on here tonight, the little amount that we hear, and not given any handouts, for this to be an open meeting. What seems to be the problem? I'm asking a question, why can't we get a PA system? Does anybody know, other than the fact that Teresa doesn't have enough time, because you members of the Board can make it happen. You just have to set a priority on it. Make a motion, second it. Let's make this a priority. Let's get a PA system in. We've been asking for it for two years. We started two years ago in the spring asking for a PA system. I've been coming here for two years and we couldn't hear. These things aren't working (pointing to portable PA). Either you get feed back, squeals, we can't hear you out here. That's why everybody comes up hear to make their presentation which means we don't hear anything. That's why you don't see anybody out here any more. These people that have been coming right along, they may have been bored.... but I tell you they won't come any more. It's like they've given up, it's like apathy. I don't understand why you don't put a PA system in. We gave you a quote one time for $2822. It would have given everybody here a microphone and one out here for the speaker. Then you said, well, we have to look at it, we have to get specs, we have to get quotes. We haven't done anything. Twenty - eight hundred and twenty -two dollars, I don't understand this at all. I think you should consider this. I'd like to see this Board do something about it. We've got signs painted out here that says handicapped parking, we've got a ramp so people can get in, we just don't have a PA system. And I don't hear 7 that well, that's a handicap. I've been telling you that right along, and I sent you a letter. I really hate to go to all the trouble of filing suit against you. T. Robinson: You sent a letter? B. Bernhardt: Yes, I sent you a letter. It was circulated to every member of this Board. And I kept saying that I want some kind of an answer within 60 days and that was a long time ago. I've been putting if off because you keep putting stuff like this up here (referring to portable PA) thinking well maybe she will, the Board will come around after awhile. You're not coming around. I'd like to see something done about it. How are we doing with Diversified? Has anything been done about or a letter sent out turning this over to the Attorneys? Thank you. C. Haynes: While we're on that, did a letter go out to them. F. Casullo: I wrote to them. They haven't responded to me. At this point it's really up to you guys as to what you want to do. My feeling is if you give me the go ahead, I will. I'm concerned that they've been very lax on their payment schedule. I think that what happens is that my letters tend to get them to take some sort of action for a few months and then we're right back into it again. If you want me to take stronger action, I'm certainly prepared to take stronger action, that's up to you. The date of the letter is August 16th. They are supposed to adhere to the payments. D. Cummings - They haven't paid anything yet? T. Robinson - I didn't check. F. Casullo - What they do is they pay very sporadically. D. Cummings - I went by there last week, maybe two o'clock in the afternoon and there was only one car out there. B. Bernhardt - I'll tell you what, I just finished two weeks in Boston taking a course in being a financial analyst which is something I studied in college while working on my masters degree. I'd love to do or analyze those peoples financial statement or there whole business, receivables, accounts payables, accounts receivables. I bet you that I would find that these people are in bad bad trouble .............. T. Robinson - You're only going to get out of them what you .......... B. Bernhardt - But why drag it out? Why leave it out there? If we're not going to get anything, let's get rid of it. D. Cummings - I think we've been lax about long enough. We've been going on like this for a year and a half. F. Casullo - I think what happened is that they became delinquent in their 8 regular payments. Then we made a deal that they would pay the interest only. Then I think they became late in paying the interest...... I think the next step at this point would be to send them a letter giving them x amount of days to get current or else a law suit of some sort is going to be commenced against them to recoup the monies owed and possibly put you in some sort of situation where you may be considered a creditor to somebody that's in bankruptcy proceedings. D. Cummings - Has anybody ever been in the building since they've been there? F. Casullo - To tell you the truth, I've never been in the building. B. Bernhardt - Let me say something else. Don't let me push you into doing something about Diversified. It's none of my business but the Town did loan them money. I personally would like to see them working a little closer with the Town Board and have more critical answers. If they're not going to be able to make a payment or so, come to the Board and say I'm sorry but we're not going to be able to do this but here is what our plan is. They don't even have a plan. They just kind of pacify us to get us off their back. Then we should do something, but don't let me force you into something. If they would just work closer with us to try to resolve the thing. Nobody here has been in that building. We don't even know if there is anything in it. T. Robinson - I've been in it. B. Bernhardt - Yea, but did you ever count the stuff to see what they've got? T. Robinson - Actually, what they've got is a machine. F. Casullo - I don't think it's a matter of what do they have, it's what they do with what they have ................. B. Bernhardt - I'll make you guys..... You tell them that you have someone who will analyze their business trend, we'll go back three years, hold it in strictest confidence, and they'll give me their financial papers and we'll take a look and see what has been happening over the past three years. By the ratios and the numbers I can tell you whether they are getting better or they are getting worse or they are the same as they were. I would be willing to do that and I get paid for doing that. Don't let me push you into anything, but I still would like to have something done with the PA system though. See you all. Board Members and Attorney discussed what should be done with Diversified. Supervisor will fax original documents to Fran so that he can check to see what the Town's rights are under the Agreement and discuss it with the Board and go from there. F. Casullo - Teresa, on the sound system. It's my feeling that I'm glad that he saw that. George and I are going through this Americans With Disabilities Act. We've got to have at least something written by January. Down the road the sound system has to be a reality because it has to be a reality. So, 1 technically, you're probably looking sometime early next year where it's going to have to be a reality along with some other things. Board and Attorney discussed the need for a sound system and purchasing procedures including quotes and /or bidding. Purchase contracts under $10,000 are not subject to bidding. The Town's procurement policy for purchase contracts ranging from $3,000 to $9,999 require three (3) written /fax quotes or request for proposals and must be approved by the Board. Consensus of the Board was to have Supervisor obtain quotes and /or let bids for a sound system. RESOLUTION NO. 55 - APPOINT ELECTION INSPECTORS Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the following are appointed to serve as election inspectors during 1994: REPUBLICANS DEMOCRATS District #1 Charlotte Rankin Patricia Senecal Beverly Oaksford Mary Adams District #2 Myra Hathaway Barbara Green Catherine Buck Sally Walpole Dorothy Greene Betty Bonawitz District #3 Ruth Bell Norma Neville Donna Wilson Merle Tichenor Dorothy VanBinsbergen District #4 Betty Brown Helen Graham Georgie Tillotson Terry Hollenbeck Alternates Peggy Merrill Rita Walpole Gordon Mengal Doris Mengal Discussed purchasing new copier with collator and trading in our Panasonic Model FP3030. RESOLUTION NO. 56 - AUTHORIZE PURCHASE OF PANASONIC FP 5060 COPIER Moved by Mr. Haynes, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby approved the purchase of a Panasonic Copier Model FP 5060 with collator in the amount of $5,600 with a Panasonic FP3030 being traded in. 10 Colleen D. Pierson, Town Clerk, submitted her resignation from the Tompkins County Cable TV Commission to be effective immediately. The Board would like to find someone that would be interested in serving on this commission. The Town has turned Cable TV rate regulation over to the State. Our Franchise expired on July 1. The Town has cable TV in Peruville, McLean, Elm Street Ext. and the lower end of Pleasant Valley Road. We could put an ad in the Shopper for someone that has an interest in technology along these lines. Highway negotiations are scheduled for September 15, 1994 at 4:30 P.M. in the Board Room. The Municipal Officials Meeting will be held on September 28th at 6:OOPM at the McLean Fire Station. Those planning to attend are Dutch VanBenschoten, Lewis Sovocool, Leland Cornelius, Teresa Robinson and Colleen Pierson. New Futures - Local Government Forum will be held on October 1 at TC3. All our Board Members should plan to attend, particularly our Planning Board Members and Zoning Board Members. Dutch VanBenschoten is planning to attend as a Town Board Member. Correspondence consisted of: 1) Letter from Town of Lansing to the County Board of Reps requesting more funds for additional Tompkins County Sheriffs; 2) Letter from Tompkins County regarding urgent notice regarding rain storms; 3) Info from Steve Gobel regarding cleanup of toxic waste; 4) Trash Days have been trashed - County changed tipping fee and took day away; 5) Diagram of historical bridge that is on Conger Boulevard; 6) Letter from the Roman Village indicating that they intend to renew ABC license. (No objections by the Town Board) Two quotations were received to clean all carpets in the Town Hall. One quote was from Sunshine Carpets in Ithaca for $675.00. The second quote was from Jim's Cleaning Service in Cortland for $567.00. RESOLUTION NO. 57 - AUTHORIZE CLEANING OF CARPETS IN TOWN HALL Moved by Mr. Haynes, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby accept quotation for cleaning carpets in the Town Hall in the amount of $567.00 from Jim's Cleaning Service. Board discussed having hand outs for the public. It is not an unreasonable request. Any hand outs that we have or if someone attending meeting has handouts, we should request that they bring extras for the public. 11 RESOLUTION NO. 58 - APPOINTMENT OF RECYCLING WORKER Moved by Mr. VanBenschoten, seconded by Mr. Sovocool Ayes - Sovocool, VanBenschoten, Cummings, Haynes, Robinson RESOLVED, that the Town Board does hereby appoint Dennis Gallow to replace Donald Brown as a recycling worker at the County facilities in Peruville. There being no further business, Mr. Sovocool moved to adjourn meeting, seconded by Mr. Cummings, at 10:25 P.M. Unanimous. Colleen D. Pierson Town Clerk HIGHWAY NEGOTIATIONS HELD THURSDAY, SEPTEMBER 15, 1994 AT 4:40PM Present: Teresa Robinson, Carl Haynes, Lewis Sovocool, Don Cummings (Absent - Dutch VanBenschoten) Members of the Highway Department present: Leland Cornelius, Jerry Holl, Rick Neville, Bob Bogardus, Gary Scutt, Lester Coit, Marvin Smith, Joe Graham, Pete Carr J. Holl - Lansing is $1.50 per hour ahead of us. Dryden is $.50 more and looking at a 5% increase. 1. We are asking for 10% increase in wages. 2. One sick day per month (we now get 10 per year) 3. Increase Increment pay to include 25 years at 15 cents. Highway employees left. Board discussed requests. It was decided that Supervisor Robinson would present the Boards offer to employees on Monday. 12 Board Offered: 1. First a 3% increase (If didn't accept offer 3.50) 2. One additional sick day per year. 3. Increase increment pay to 25 years Left meeting at 5:30PM. Colleen D. Pierson Town Clerk 13