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HomeMy WebLinkAbout08-14-1995MINUTES OF TOWN BOARD MEETING MONDAY, AUGUST 14, 1995 AT 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Donald E. Cummings, Councilman Fran Casullo, Attorney Absent: Carl E. Haynes, Councilman Absent: Gordon C. VanBenschoten, Councilman Also present: Leland Cornelius, Liz Brennan, George Senter, Glenn Munson, Judith Horn Moved by Mr. Cummings, seconded by Mr. Sovocool, that the minutes of July 10, 1995 be approved as mailed. Ayes - Sovocool, Cummings, Robinson. Claim Nos. 108 to 127 of the Highway Fund in the amount of $52,662.47; Claim Nos. 180 to 201 of the General Fund in the amount of $3,893.03; Claim No. 113 of the Building Fund in the amount of $155.84; and Claim Nos. 7 and 8 of the Special Grant Fund #2 in the amount of $17,694,88 were presented for audit. Moved by Mr. Cummings, seconded by Mr. Sovocool, that the bills be approved for payment. Ayes - Sovocool, Cummings, Robinson. LIZ BRENNAN - BOOKKEEPER - Handed out copies of monthly report and a list of expenditures and revenues to date. There are no transfers. The mowing and road salary accounts are starting to get low. Are there any questions? No questions. GEORGE SENTER - CODE ENFORCEMENT OFFICER - Year -to -Date building permits issued through July: 1994 525 homes 5 mobile homes 42 other 1995 549 homes 10 mobile homes 36 other The HUD renovations are included in the above. Life safety inspections are current through August. All we have to do is look at the fee schedule. This is the same fee schedule that I recommended last month. There is nothing in there in relation to a flag lot. It is classified under Rural Flag Lot Subdivision. I don't know what they do with a flag lot in a Minor or Major Subdivision. I think some of our zoning needs a little clarification but that always happens when there are changes. Maybe we should just put a fee on a flag lot subdivision. It's a little confusing to me if you call a subdivision three or four lots and you call a flag lot subdivision one or two flag lots. One flag lot should not be called a flag lot subdivision. Atty. Casullo suggested we pass the fee schedule this evening then review the flag lot fees with the Planning Board and can amend the fee schedule if necessary. If you read through it, I'm not sure how you would handle it. It's a little confusing. You can't make one flag lot a subdivision. I guess you could but it's against our definition we have right now of a subdivision. D. Cummings - Colleen said each parcel in a flag lot had to have 20 feet right 1 of way, road frontage, of their own. What if there is two flag lots, why do they have to have forty feet of frontage? In a cul -de -sac they all use the same road. Why does each guy have to have twenty feet? Why don't they use the same road. G. Senter - That's cluster housing. T. Robinson - They can use the same drive, but if they sold it maybe two people wouldn't get along. G. Senter - They can both use the same driveway if they like but they have to each have twenty feet of road frontage. C. Pierson - I think the intent of this was to just increase the fees that we currently have. We can resolve something like this later. F. Casullo - I think that's what we should do. We can pass the new fee schedule without the flag lot issue and I'll talk with George and then we'll just amend the fee schedule with the flag lot. RESOLUTION NO. 41 - ESTABLISH FEES FOR VARIOUS PERMITS /LICENSES REQUIRED PURSUANT TO THE LAND USE AND DEVELOPMENT CODE Moved by Mr. Cummings, seconded by Mr. Sovocool Ayes - Sovocool, Cummings, Robinson WHEREAS, on May 8, 1995, the Town Board of the Town of Groton passed Local Law No. 2 for the year 1995, which substantially amended the Land Use and Development Code of the Town of Groton; and WHEREAS, said Land Use and Development Code contains a provision which states that all fees for licenses and permits required under said Code be established by resolution of the Town Board; and WHEREAS, the Town Board of the Town of Groton is desirous of establishing new fees for certain licenses and permits required pursuant to the recently amended Land Use and Development Code of the Town of Groton; and NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Groton hereby establishes the following fee schedule for certain licenses and permits under the authority granted to the Board by the Land Use and Development Code of the Town of Groton: 2 FEE SCHEDULE BUILDING PERMIT: Computed on the basis of the value of the $800. BUILDING PERMIT RENEWALS P.10 0ow -IT0 *011610F00a I -110* 6101004211[C" CERTIFICATE OF OCCUPANCY CERTIFICATE OF CONFORMANCE or FLOOD ZONE CERTIFICATION MOTOR VEHICLE REPAIR SHOP ANNUAL INSPECTION /RENEWAL JUNKYARD LICENSE ANNUAL INSPECTION /RENEWAL SITE PLAN REVIEW Short Conventional SPECIAL PERMIT FLOOD HAZARD AREA COMBINING DISTRICT PLANNED UNIT DEVELOPMENT SUBDIVISIONS Major 3 One -half (1/2) of original building permit fee $25.00 No Charge $40.00 $25.00 $25.00 $20.00 $40.00 $40.00 $40.00 $125.00 $50.00 plus $20.00 /lot $30.00 improvement to be constructed: VALUE OF IMPROVEMENT FEE Less than or equal to $2,000 $10.00 Over $2,000 but less than or equal to $10,000 $20.00 Over $10,000 but less than or equal to $20,000 $30.00 Over $20,000 but less than or equal to $30,000 $40.00 Over $30,000 but less than or equal to $40,000 $50.00 Over $40,000 but less than or equal to $50,000 $60.00 Over $50,000 but less than or equal to $100,000 $125.00 Over $100,000 but less than or equal to $200,000 $250.00 Over $200,000 but less than or equal to $500,000 $500.00 Over $500,000 the fee will be $100 for each $100,000 and any remaining fraction of $100,000 will result in the fee being rounded upward to the next $100,000. For example, a $725,000 value in improvement will have a fee of $800. BUILDING PERMIT RENEWALS P.10 0ow -IT0 *011610F00a I -110* 6101004211[C" CERTIFICATE OF OCCUPANCY CERTIFICATE OF CONFORMANCE or FLOOD ZONE CERTIFICATION MOTOR VEHICLE REPAIR SHOP ANNUAL INSPECTION /RENEWAL JUNKYARD LICENSE ANNUAL INSPECTION /RENEWAL SITE PLAN REVIEW Short Conventional SPECIAL PERMIT FLOOD HAZARD AREA COMBINING DISTRICT PLANNED UNIT DEVELOPMENT SUBDIVISIONS Major 3 One -half (1/2) of original building permit fee $25.00 No Charge $40.00 $25.00 $25.00 $20.00 $40.00 $40.00 $40.00 $125.00 $50.00 plus $20.00 /lot $30.00 Rural Boundary Line Chanae vnu T AWrr ADDITIONAL FEES $20.00 $20.00 $25.00 In the event that a public hearing is required, the applicant shall pay the full cost of the publishing and mailing of the notice of public hearing and any required documents to all appropriate parties. Costs incurred by the Town of Groton for engineering, planning, legal and other necessary expenses for the purpose of reviewing any application with regard to an item covered by this fee schedule shall be paid by the applicant. SEQR Related Fees: The applicant shall be responsible for all costs incurred by the Town of Groton for the review and /or preparation of an Environmental Impact Statement if said statement is necessary. WHEN FEES ARE TO BE PAID BE IT All fees, costs and expenses required by this fee schedule shall be paid to the Town of Groton at the time the application for a permit /certificate is made. No permit /certificate will be issued to an applicant until all fees, costs and /or expenses are paid in full; and FURTHER RESOLVED, that this fee schedule shall is in effect. the cost for permits /licenses stated in supersede any fee schedule that currently LELAND CORNELIUS - HIGHWAY SUPERINTENDENT - I've got a lot of things. I have quotes on fuel system. (Handed out info to Board Members and Supervisor). I have one quote but we will have to bid it. It's a steel tank with a dyke built around it. The dyke has to hold 1100 of the tank capacity. Our underground tank is 10,000 gal. Above ground tanks will be mandated in 1998. The other thing is the loader guaranteed buy back is good until November. They will give us about $60,000 to trade. This is a guaranteed buy back for $39,995.00. I just want to mention this so that if we don't buy one and I have to spend $10,000 on the old loader you would know where we're coming from. We got turned in to the DEC on the Gravel Bank. Here is what is wrong and he was in today for an inspection. We have complied but there will probably be more. We don't know who turned it in. It was school stuff. We had to put a retaining ditch across and dig a pond for the silt from that clay so it wouldn't run out into the driveway. There is some concrete up there that was put in at the very end. If we have to take it out the school said they would be willing to remove it. They can't do it until they tell me they can. They wanted to know if we got money for letting them dump in there. We didn't 4 get anything out of it. We had a permit when they dumped the Corona in the other gravel pit. T. Robinson - Then they wanted to know if we dumped our white trash that we collected the other day, if we dumped it up there. Because the roof is up there from our building and I said we certainly did not. We didn't put anything in there. G. Munson - Is the liability the Town's liability or the School District's liability and what is the extent of the liability? T. Robinson - We don't know yet. G. Munson - What is it at this point? T. Robinson - We don't know yet. We just can't do anything. L. Cornelius - Talking to Glenn Munson with his back to Board and recorder would not pick up. Leland Cornelius, Highway Superintendent, reported that Walpole Road was completed. However, the County wouldn't accept it since the core samples showed that the paving was not rolled enough. Mr. Cornelius did accept it as it is. Supervisor Robinson passed around the monthly reports of the Town Justices and Town Clerk. JUDITH L. HORN - DAVIS ROAD RESIDENT - I'm proposing a decreased speed limit on Davis Road in the Town of Groton. I'm a resident at 494 Davis Road, Groton. This is a road without a line down the center or posted speed limit. Last week a dog was hit and killed by a driver who was travelling over 55 miles per hour. I understand, after calling the Groton Highway Department, that the regulated speed limit for unposted roads is 55 miles per hour. After living on Davis Road for five years, I have witnessed drivers exceeding the speed limit many times. Many travelers believe that 55 miles per hour means 65 miles per hour is acceptable. I do not think this is acceptable. Davis Road is a small country road, being traveled by many who commute from Cortland to Ithaca. There are many children and pets on this road. I walk my one year old son, while cars speed past us. Also, there is no sidewalk on this road. I am recommending Davis Road be set at a 35 - 40 mile per hour speed zone. Again, many will drive over the 40 miles per hour, thinking 50 is acceptable. I propose this because 1) I have a child, 2) there are many children and animals residing on Davis Road, and 3) a dog that I loved dearly was killed by a speeding driver. I ask that the Groton Town Board consider this proposal and post Davis Road at a reasonable speed limit, 35 - 40 miles per hour. I would be glad to approach residents on Davis Road for their support. Thank you for your time and consideration. T. Robinson - One of the things that we would have to do. Did they tell you our procedure? Well, we would have to pass this on to the County and the County passes it on to the State Department of Transportation. k, C. Pierson - Usually, the first thing that you would do is present a petition to the Town Board that is signed by residents on Davis Road requesting the Town Board to consider lowering the speed limit. If the Town Board concurs with this request, the Town Clerk forwards the request to the County Highway Department and they in turn forward request to the State Department of Transportation for their review. T. Robinson - I want to tell you something. We've had three or four petitions to reduce speed limits lately and they haven't done a thing. J. Horn - Who is they? L. Sovocool - The Department of Transportation. You're fighting an uphill battle to get a rural road posted at 30, 35 or 40 miles per hour. No, it is not money. I don't know what it is. T. Robinson - I don't want you to be thinking that this is a possibility, because as I say we have had some places that are even worse than yours. Elm Street and Old Stage Road for instance. I didn't want you to be thinking that this is something that goes through because we haven't had much luck and we've had several places. We did pretty good in Groton City though. We have no control over it. It stops in Syracuse at the State level. This has been over a period of several years. D. Cummings - Teresa has been trying for over 15 years to get a flashing red light at the intersection of Route 38 and 34B in Peruville. You will notice that there isn't one there yet and we've had I don't know how many fatalities there. It's not impossible but it's highly improbable that anything will ever happen for you. T. Robinson - We sympathize with you and we understand but that's reality. Don't give up, try it. We accepted audit report at the last meeting but we didn't make a resolution so we need to do that now. Attorney Casullo will review Investment Policy which is supposed to be review annually. There is nothing serious, just minor changes which he will have ready for the Board at the next meeting. RESOLUTION NO. 42 - ACCEPT CIASCHI, DIETERSHAGEN, LITTLE & MICHELSON'S FINANCIAL AUDIT REPORT FOR THE YEAR 1994 Moved by Mr. Sovocool, seconded by Mr. Cummings Ayes - Sovocool, Cummings, Robinson RESOLVED, that the Town Board does hereby accept the Annual Financial Audit report for the year 1994 as presented by Ciaschi, Dietershagen, Little & Michelson. Supervisor Robinson and Highway Superintendent Leland Cornelius attended n meetings in the County for the Commercial Drug Testing Program. The County has three finalists that they intend to interview individually at some future date. The County is also proposing to hire an Administrator for the program. Attorney Casullo said it looked like the easiest way was to enter into a consortium made up of the County, City of Ithaca, and the Towns and Villages of Tompkins County for the purpose of choosing a third party administrator to manage our drug and alcohol testing program and sharing the costs associated effective immediately through December 31, 1996. We need to know who the County is going with and what the cost will be to the Town. Mr. Munson said that the Village signed their intent with the understanding that if they didn't like the figures the would get out. Consensus was to notify the County verbally that we are interested and will make a decision in September after the County has picked the firm and the Administrator to do the testing and notified the Town of our share of the costs. Moved by Mr. Sovocool, seconded by Mr. Cummings to table any action on the Drug and Alcohol Testing program until the next Board meeting. Ayes - Sovocool, Cummings, Robinson Attorney Casullo reported that he had met with Mr. Sims of Diversified T.E.S.T. regarding monthly payments to the Town. They have gone from $650 to $750 per month payments for August through November. Their payments are considerably lower than their monthly payments should be but it is considerably more than what they were paying previous to this year. I have also asked by letter for a copy of their last years tax return as well as copies of their annual financial report. Actually, we were entitled to that per their loan agreement. This is just so that I can see and the Board can see just what is coming in and going out. I have also done a search to make sure that the Town has a financial statement filed for all the equipment and everything else up there and we do. This was filed in 1991. Financial statements are only good for 5 years so we need to renew in 1996. Discussed Tompkins Counties intent to add the Solid Waste Fee on the 1996 tax bill for the Tax Collectors to collect and turn over to the County. Town Clerk, Colleen Pierson, reported on the meetings that the County had with the Clerks and Supervisors to demonstrate the software and hardware that the County intends to purchase using Solid Waste Fees for the Towns should the Towns decide to collect the Counties Solid Waste Fee on the Tax Bill. The Counties handling costs for 1995 SWF is $60,000. The proposed handling costs for 1996 with the Towns collecting the fee will be $23,000. In addition, the Town would incur additional costs in order to collect this Solid Waste Fee, plus insufficient time was allowed by the County for the Towns to negotiate a satisfactory contract and also the legality of the Fee being placed on the tax bill is still unresolved. As Town Clerk, I am not against the Town collecting the fee provided 1) it is legal to add fee to the tax notice, 2) it is legal to pay Supervisor with fees collected for County, 3) that the County compensates the Town adequately for this service 4) that all Town Clerks be involved in negotiating a satisfactory contract in a reasonable time frame so as to allow for adequate training of all staff. Supervisor Robinson read the following note dated August 13, 1995, and asked that it be made part of the minutes: "I am against the Town of Groton doing the paperwork involved to collect the Tompkins County Solid Waste Tax for Tompkins County." signed Gordon VanBenschoten. Councilman VanBenschoten was 7 unable to attend due to illness but he wanted this to be part of the minutes. Most of the Towns have passed resolutions opposing the collection of the Solid Waste Fee on the Town and County Tax Bill. RESOLUTION NO. 43 - OPPOSE TOMPKINS COUNTY SOLID WASTE FEE BEING ADDED TO THE 1996 TOWN & COUNTY TAX BILL Moved by Mr. Sovocool, seconded by Mr. Cummings Ayes - Sovocool, Cummings, Robinson BE IT RESOLVED, the Groton Town Board does hereby determine the projected costs to the Town of Groton for collecting the Tompkins County Solid Waste Fee will exceed the anticipated revenues estimated by Tompkins County; and be it further RESOLVED, the Groton Town Board hereby concludes that it is not in the best interests of the Town of Groton to collect the Tompkins County Solid Waste Fee on the 1996 Town and County Tax Bill due to increased costs of collection, and the insufficient time to negotiate a satisfactory contract with Tompkins County; and be it further RESOLVED, that the Town of Groton will continue to work with Tompkins County for the express interest of considering collection of the Solid Waste Fee in the future when there is a longer time frame for evaluation of the information provided and when there can be more extensive negotiations regarding a contract. Legislation has been signed by the Governor that amends Chapter 12 of the Laws of 1995, to provide counties, cities, towns and villages greater flexibility in administering the Retirement Incentive Program. This legislation allows municipalities who have not previously elected the retirement incentive to participate in the 1995 Incentive program. Employers who previously elected the retirement incentive may re -elect the incentive program and provide a new open period. The last day for the open period may not be later than December 31, 1995. To adopt this program the Town must enact a local law on or before September 1, 1995. Elected officials are not eligible. The only person that qualified is Jerry Holl. He is not planning on retiring before the 31st of December. The rest of the things didn't benefit him too much. He's not interested, so I guess we are not going to do it. RESOLUTION NO. 44 - APPOINTMENT OF ELECTION INSPECTORS Moved by Mr. Cummings, seconded by Mr. Sovocool Ayes - Sovocool, Cummings, Robinson 8 RESOLVED, that the following are appointed to serve as election inspectors during 1995: Georgie Tillotson DEMOCRATS Patricia Senecal Mary Adams Barbara Greene Betty Bonawitz Rose Hammond Norma Neville Clara Adams Dorothy VanBinsbergen Helen Graham Terry Hollenbeck Supervisor and Clerk received a notice from Time Warner Cable giving us notification that they have negotiated a proposed Social Contract with the FCC that will provide a number of benefits to their customers and which resolves all pending FCC rate complaints concerning Time Warner. FCC announced the proposed contract Aug 3, 1995 and placed it on public notice. Interested parties may submit comments to the FCC within a 30 -day period and a 15 -day reply period. The contract provides for the assurance of fair and reasonable rates for all of our cable customers; the creation of a low -cost "lifeline" basic service; a commitment to upgrade the channel capacity and technical reliability of our cable systems, and a reduction in the administrative resources and costs of regulation for local governments, the FCC and Time Warner. The FCC is requesting comments on the proposed contract and they would appreciate it if the Town of Groton would consider writing in support of the contract. Town Attorney, Supervisor, Town Clerk and our representative on the County Cablevision Commission, Ron Weins, should review Social Contract and discuss at the September Board Meeting. Supervisor Robinson said the if there is anybody available in the Town or somebody that you think is interested in working with the Fire Department and Ambulance, they really need people during the day to help them. They will be having training schools. We have some fellows in the Fire and Ambulance Department but most of the time they are out of town. Supervisor Robinson said HUD seems to be progressing right along. Also Groton Business Association's Main Street Revitalization Plan Committee proposal for improvement plan along the Municipal Lot. Also, the meeting we were supposed to have on August 17th with the Planning Board has been cancelled. The Municipal Officials Meeting is scheduled for August 24. Letter from Karl McCall on Retirement. On Wednesday, The Groton Business Association will meet at Noon at Mineral Springs. One of the topics they intend to discuss is the Health Care Center and what happened. I think we should be interested in that one too. Supervisor Robinson said that the Board should think about putting in the new tanks, seeing whether you want to buy a piece of machinery, whether you want to join a consortium for Drug and Alcohol Testing or which one you want to 1 REPUBLICANS District #1 Charlotte Rankin Beverly Oaksford District #2 Dorothy Green Frances Gamel Martha Alexander District #3 Ruth Bell Donna Wilson Merle Tichenor District #4 Betty Brown Georgie Tillotson DEMOCRATS Patricia Senecal Mary Adams Barbara Greene Betty Bonawitz Rose Hammond Norma Neville Clara Adams Dorothy VanBinsbergen Helen Graham Terry Hollenbeck Supervisor and Clerk received a notice from Time Warner Cable giving us notification that they have negotiated a proposed Social Contract with the FCC that will provide a number of benefits to their customers and which resolves all pending FCC rate complaints concerning Time Warner. FCC announced the proposed contract Aug 3, 1995 and placed it on public notice. Interested parties may submit comments to the FCC within a 30 -day period and a 15 -day reply period. The contract provides for the assurance of fair and reasonable rates for all of our cable customers; the creation of a low -cost "lifeline" basic service; a commitment to upgrade the channel capacity and technical reliability of our cable systems, and a reduction in the administrative resources and costs of regulation for local governments, the FCC and Time Warner. The FCC is requesting comments on the proposed contract and they would appreciate it if the Town of Groton would consider writing in support of the contract. Town Attorney, Supervisor, Town Clerk and our representative on the County Cablevision Commission, Ron Weins, should review Social Contract and discuss at the September Board Meeting. Supervisor Robinson said the if there is anybody available in the Town or somebody that you think is interested in working with the Fire Department and Ambulance, they really need people during the day to help them. They will be having training schools. We have some fellows in the Fire and Ambulance Department but most of the time they are out of town. Supervisor Robinson said HUD seems to be progressing right along. Also Groton Business Association's Main Street Revitalization Plan Committee proposal for improvement plan along the Municipal Lot. Also, the meeting we were supposed to have on August 17th with the Planning Board has been cancelled. The Municipal Officials Meeting is scheduled for August 24. Letter from Karl McCall on Retirement. On Wednesday, The Groton Business Association will meet at Noon at Mineral Springs. One of the topics they intend to discuss is the Health Care Center and what happened. I think we should be interested in that one too. Supervisor Robinson said that the Board should think about putting in the new tanks, seeing whether you want to buy a piece of machinery, whether you want to join a consortium for Drug and Alcohol Testing or which one you want to 1 join and comments on the Cable TV. Clerk Pierson received a copy of a letter sent from the Town of Dryden to the County Board of Representatives which they wanted read at our Board Meeting: RE: County Law. Dear Stu: "With regard to the subject quite often our representatives come to our board meetings. They ask for our input concerning a variety of concerns at the County level. Although this would be a procedural step on the County Board's part would it be possible to forward to each town a copy of laws to be enacted at the county level. Each town would need at least 45 days prior to the law coming to vote at the full county board. Each town meets at least once a month and this would allow adequate time for the Towns' review and any comments that your constituents may have and how the law might affect the operation of the town. We are all aware that at times laws, resolutions, etc., must be acted on in a timely manner and therefore this time period might not always be kept. Other than qualifications for state and federal funds I can't imagine anything that needs to be put through in such a rush on a county basis. Your thoughts on this suggestion would be greatly appreciated. Sincerely, James F. Schug, Supervisor Town Clerk, Colleen Pierson, asked for the Boards approval to attend the New York State Town Clerks Associations Regional Meeting in Newburgh, New York, on September 17 and 18. This is for the Associations Executive Committee, District Directors and President's Committee. Moved by Supervisor Robinson, seconded by Councilman Cummings, to authorize Town Clerk, Colleen Pierson, to attend the NYS Town Clerks Association Regional Meeting in Newburgh on Sept. 17 and 18, 1995. Ayes - Sovocool, Cummings, Robinson. There being no further business, Mr. Sovocool moved to adjourn meeting, seconded by Mr. Cummings, at 9:05PM. Unanimous. Colleen D. Pierson Town Clerk 10