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HomeMy WebLinkAbout01-09-2001 TOWN OF GROTON MINUTES OF TOWN BOARD MEETING TUESDAY, JANUARY 9, 2001, AT 7:30 PM Those present: Glenn E. Morey, Supervisor Ellard L. Sovocool, Councilman Donald F. Scheffler, Councilman Sheldon C. Clark, Councilman Duane T. Randall II, Councilman Francis Casullo, Town Attorney Also present: Colleen D. Pierson, Richard Case, Mark Gunn, Liz Brennan, Peg Palmer, Dewey Dawson, Kate Hackett, Craig Schutt. Supervisor Morey – I’d like to start off this meeting tonight with a moment of silence in memory of Leland Cornelius who was the Town of Groton Highway Superintendent for the past 28 years and he passed away this Sunday. Our best thoughts and prayers are with Lee’s family at this very difficult time. After the moment of silence the meeting proceeded. Supervisor Morey – I have two additions to the agenda. We will call 12a.- review Town of Groton’s Town Clerk’s 2000 Annual Report. And also add another on, 13g. - talk about the McLean Community Council Meeting, tomorrow night. Tonight we are going to start off the night with the Organizational Meeting and continue with our regular monthly Board Meeting. We have five resolutions on the Organizational Meeting that we’re going to pass tonight. I’m going to read the complete resolution, have a discussion period, call for a motion and a second, and then we will vote on the total resolution. Is that all right? Councilman Scheffler – You’re going to do this as a resolution or individually? Supervisor Morey – Resolution. We did it individually last night, but to save some time, unless you guys want to do each individual item, because they are one resolution. There’s five separate resolutions. Clerk Pierson – It doesn’t really matter. Previously, we have always done it individually. Supervisor Morey – It’s up to you guys. I don’t care. Councilman Sovocool – Resolution is fine with me. Town Board Meeting Page 2 January 9, 2001 Councilman Scheffler – On the Planning and Zoning Board, do they elect their…. have they done that? Supervisor Morey – No, I’m contacting Mary Decker. She does not want to do it anymore. So, what we’ll do is we’ll go through the same procedure as the Planning Board, have applications, interviews, have the ZBA make a presentation to us on who they think it should be. Councilman Scheffler – No, I mean for like their chairman for the year that we appoint here tonight. Supervisor Morey – Yes. What’s the question? Councilman Scheffler – Well, like the Planning chair and the ZBA chair, they elect their own and we approve it. Supervisor Morey – Right. Clerk Pierson – No, they don’t. The Appeals Board, the Town Board has to appoint, and the Planning Board has the option. You can do it or they can do it. Supervisor Morey – All right. My suggestion is tonight, for the Planning Board, is Monica Carey, and for the ZBA is Lyle Raymond. Councilman Scheffler – So, we’re just going to appoint them and they’re not going to elect? Supervisor Morey – They have. Councilman Scheffler – They have? Councilman Randall – No, they haven’t. We’ve been to those meetings. Monica was appointed to take George’s place, but there are a lot of new board members there and they haven’t officially elected her at all at this point. I was at the November meeting and they had no December meeting. They did this to us last year. They said that they had done that and they didn’t do it until after the fact. I would sooner see that tabled until next meeting. Councilman Scheffler – Is that what they are going to do? Are they going to elect officially? The ZBA, we appoint anyway. So, it would just be planning. Councilman Randall – If we appoint ZBA, I have no problem with that one. Councilman Scheffler – If that’s the way they want to do it, they have the option and they want to do the election, then we should table it until next month on that one item. Other than that, I have no problem with the resolution way of doing it. Supervisor Morey – Well, it seems that there is a concern so why don’t we go down by item and vote individually. Town Board Meeting Page 3 January 9, 2001 RESOLUTION #1 - YEAR 2001 ORGANIZATIONAL ITEMS Item 1 – DepositoryMOVED . - by Supervisor Morey, seconded by Councilman Clark. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the First National Bank of Groton be designated as the depository for all monies coming into the hands of the Supervisor and Town Clerk of the Town of Groton. Item 2 – Official NewspaperMOVED – by Supervisor Morey, seconded by Councilman Randall. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Groton Independent be designated as the official newspaper of the Town of Groton with notices also to be published in the Freeville Shopper. Item 3 – Law FirmMOVED – by Supervisor Morey, seconded by Councilman Scheffler. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the law firm of Pomeroy, Armstrong, Baranello & Casullo be retained as Attorneys for the Town of Groton. Item 4 – Zoning OfficerMOVED – by Supervisor Morey, seconded by Councilman Sovocool. Ayes – Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that Mark D. Gunn be appointed Zoning Officer and Building and Fire Code Enforcement Officer for the Town of Groton. Item 5 – ConstableMOVED – by Supervisor Morey, seconded by Councilman Sovocool. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED , that Richard Exton be appointed Constable for the Town of Groton. Item 6 – Deputy SupervisorMOVED - by Supervisor Morey, seconded by Councilman Sovocool. Ayes – Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that Donald F. Scheffler be appointed Deputy Supervisor for the Town of Groton. Item 7 – Deputy Highway SuperintendentMOVED – by Supervisor Morey, seconded by Councilman Clark. Ayes – Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that Judson Holl be appointed Deputy Highway Superintendent for the Town of Groton. Town Board Meeting Page 4 January 9, 2001 Item 8 – Deputy Town ClerkMOVED – by Supervisor Morey, seconded by Councilman Randall. Ayes – Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that April Scheffler be appointed Deputy Town Clerk for the Town of Groton. Item 9 – BookkeeperMOVED – by Supervisor Morey, seconded by Councilman Sovocool. Ayes – Sovocool, Scheffler, Randall, Clark, Morey RESOLVED, that Elizabeth Brennan be appointed as Bookkeeper for the Town of Groton. Item 10 – Part Time Court ClerkMOVED – by Supervisor Morey, seconded by Councilman Clark. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that Margaret Palmer be appointed as part-time Court Clerk for the Town of Groton. Item 11 – Part Time McLean Crossing GuardMOVED – by Supervisor Morey, seconded by Councilman Scheffler. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that Margaret Albern be appointed part-time McLean School Crossing Guard for the Town of Groton. Item 12 – Town HistorianMOVED – by Supervisor Morey, seconded by Councilman Sovocool. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that Rosemarie Tucker be appointed as Town Historian for the Town of Groton. Item 13 – Election CustodiansMOVED – by Supervisor Morey, seconded by Councilman Scheffler. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that Lewis Robinson and Lee Shurtleff be appointed Election Custodians for the Town of Groton. Item 14 – Town Health InsuranceMOVED – by Supervisor Morey, seconded by Councilman Clark. Ayes – Sovocool, Scheffler, Randall, Morey. RESOLVED, that Blue Cross/Blue Shield Health Insurance for the Supervisor, Town Clerk, and Highway Superintendent be paid by the Town of Groton. Highway Superintendent to be paid for at the single person rate with additional coverage for family being paid for by Highway Superintendent. Highway employees to have 75% of coverage paid for by Town. Town Board Meeting Page 5 January 9, 2001 Item 15 – Town Board Regular MeetingsMOVED – by Supervisor Morey, seconded by Councilman Scheffler. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Town Board will hold their regular Town Board Meetings on the second Tuesday of each month at 7:00 – 7:30 P.M. to review invoices and 7:30 P.M. for the Board Meeting, at the Town Hall on Conger Boulevard, Groton, NY. Item 16 – Fix Salaries of Town OfficersMOVED – by Supervisor Morey, seconded by Councilman Randall. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Town Board does hereby fix the annual salaries of the following Town Officers and employees at the amounts respectfully stated and that such salaries shall be paid at the time respectfully specified: a) Glenn E. Morey, Supervisor $ 8,500.00 Biweekly b) Ellard L. Sovocool, Councilman $ 1,583.00 Quarterly c) Donald F. Scheffler, Councilman $ 1,583.00 Quarterly d) Duane T. Randall, II, Councilman $ 1,583.00 Quarterly e) Sheldon C. Clark, Councilman $ 1,583.00 Quarterly f) Colleen D. Pierson, Town Clerk $28,398.00 Biweekly g) Richard C. Case, Jr., Highway Superintendent $42,436.00 Biweekly st h) Arland L. Heffron, 1 Town Justice $ 7,779.00 Biweekly nd i) Arthur D. Dawson, 2 Town Justice $ 6180.00 Biweekly j) Mark D. Gunn, Code Enforcement $14,343.00 Biweekly k) Rosemarie Tucker, Historian $ 1,000.00 Quarterly Item # 17- Appointment of Representatives to Town and County ProgramsMOVED – by Supervisor Morey, seconded by Councilman Sovocool. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED , to appoint the following as representatives to Town and County Programs: County Youth Recreation Programs – Glenn E. Morey Environmental Management Council – Vacant Tompkins County Transportation Council – Sheldon Clark Tompkins County CATV Commission – Dennis Butts Tompkins County Planning Board - Van Travis Groton Local Youth Program - Kathleen Howard, Teresa Robinson, Joann Senecal. Tompkins County Human Services Coalition – Tabled Tompkins County Fire, Disaster and EMS Advisory Board – Lester Coit Item 18 – Supervisor’s Appointment to Committee MembersMOVED – by Supervisor Morey, seconded by Councilman Scheffler. Town Board Meeting Page 6 January 9, 2001 Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Supervisor's appointment of committee members be approved as follows: Finance – Glenn Morey & Donald Scheffler Machinery – Sheldon Clark Building – Duane Randall & Donald Scheffler Fire Department - Ellard Sovocool Personnel – Glenn Morey & Donald Scheffler Zoning, Bldg. and Fire Code – Duane Randall HUD Loans - Ellard Sovocool Light Districts - Donald Scheffler Fixed Assets - Ellard Sovocool Senior Citizens - Donald Scheffler Planning Board – Rotating Attendance Appeals Board – Rotating Attendance Highway – Sheldon Clark Item 19 - Set fees for Town ServicesMOVED – by Supervisor Morey, seconded by Councilman Sovocool. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that fees for the Town services be set as follows: 1) Master List for Excavating $ 2.00 2) Certification of Taxes/Search $ 5.00 1st yr., $1.00 ea. addn. yr. 3) Photocopies - 8 1/2 x 11 $ .25 4) Photocopies - 8 1/2 x 14 $ .50 5) Photocopies - 11 x 17 $ .50 6) Transcript of Marriage $10.00 7) Marriage Certificate $10.00 8) Marriage License $25.00 9) Town, Village, County Maps $ .50 10) Mileage - Town Officials $ .32 11) Dog Licenses $18.00 unaltered $10.00 altered 12) Returned Check Fee $15.00 13) Fax Copies - Transmit $ 1.00 per page Receive $ .25 per page 14) Duplicate Tax Receipt $ 1.00 15) Town Directory $ 5.00 16) Land Use & Dev. Code $10.00 17) Mobile Home Ordinance $ 5.00 18) Certified Copies $ 5.00 Town Board Meeting Page 7 January 9, 2001 19) Town of Groton Zoning Fee Schedule: Building Permit Fee: $0 - $4000...…. $10.00 More than $4000.....$2.50 Per $1000 of Construction Cost Building Permit Renewals: $2.50 Per $1000 of remaining construction cost and upon approval by zoning officer. Agricultural Buildings:........…...….. $ 25.00 Certificate of Occupancy:......….…. No Charge Flood Zone Certification:..……...…. $ 10.00 Certificate of Conformance:..…...…. $ 40.00 Cellular Tower:.................…………. $ 2.50 Per $1000 of Construction Cost Demolition Permit:......…….........…. $ 25.00 Site Plan Review:...……..............…. $ 30.00 Special Permit:......………...........…. $ 40.00 Following Site Plan Approval Junk Yard License:....……...........…. $ 25.00 Following Site Plan Approval Junk Yard Annual Inspection:......….. $ 25.00 Application for Sign:........……....…. $ 10.00 Subdivision - Minor:..……..........…. $ 30.00 Major:.......…….......….. $ 50.00 plus $20 Per Lot Rural:.........……....……$ 20.00 Boundary Change:….. $ 20.00 Flood Hazard Area Comb. District:... $ 40.00 Planned Unit Development:...….....…$125.00 Application for Variance:.....……...…$ 25.00 Additional Fees: a) If a public hearing is required, the applicant shall pay the cost of advertising fees. b) 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. c) The applicant shall be responsible for 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: All fees required by this fee schedule shall be paid to the Town of Groton at the time the application is presented. Special Permit fee shall be paid following Site Plan Review and prior to issuance of the Permit. No permit/certificate will be issued until all fees, costs, and/or expenses are paid in full. Item 20 – Set Hourly RatesMOVED – by Supervisor Morey, seconded by Councilman Randall. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Town Board does hereby set the hourly rates as follows: 1) Deputy Town Clerk $ 9.55 per hour 2) Court Clerk $10.56 per hour 3) Bookkeeper $13.46 per hour 4) Custodian $ 9.27 per hour 5) Crossing Guard $ 7.90 per hour 6) Part Time Clerks $ 9.00 per hour 7) Constable $10.50 per hour Town Board Meeting Page 8 January 9, 2001 Item # 21 Miscellaneous Appointments, Fees, Etc.: 1) MOVEDAnnual by Councilman Sovocool, seconded by Councilman Scheffler to approve Retainer Fee for Legal Services rendered by Pomeroy, Armstrong, Baranello, and Casullo be set at $7,500.00 annually. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. MOVED 2) by Supervisor Morey, seconded by Councilman Randall to authorize the Town Clerk hire Laura Haughn as part time Deputy Clerk to to assist with tax collection at an hourly rate per budget appropriation. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. MOVEDauthorize Highway 3) by Supervisor Morey, seconded by Councilman Scheffler to Superintendent to give pay raises effective January 1, 2001: Name & Title_____________1999_________2000___+3%_____+_______2001_ Judson Holl – MEO 13.83 14.23 .43 14.66 M. Smith – MEO 13.11 13.51 .41 13.92 L. Coit – MEO 13.11 13.51 .41 13.92 R. Neville – MEO 13.14 13.54 .41 +.15/15 years 14.10 G. Scutt – MEO 12.99 13.44 .40 13.84 P. Carr – MEO 12.83 13.53 .41 13.94 R. Bogardus – Mech. 13.14 13.84 .42 14.26 J. Graham – MEO 12.60 13.30 .40 13.70 M. Kirchgraber – Laborer 8.50 .26 +.50/6 mos. 9.26 Ayes - Sovocool, Scheffler, Randall, Clark, Morey. MOVEDAnnual 4) by Supervisor Morey, seconded by Councilman Sovocool to authorize Association of Towns Training School in February in New York City for Arland Heffron, Glenn Morey, Margaret Palmer, Barb Clark and Sheldon Clark. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. MOVED 5) by Supervisor Morey, seconded by Councilman Scheffler to appoint Glenn Morey as Delegate for Annual Association of Towns Meeting in New York City and appoint Arland Heffron as alternate. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. ) MOVEDappoint contact people 6 by Supervisor Morey, seconded by Councilman Sovocool to for Drug and Alcohol Testing Program – Richard Case and Glenn Morey. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. MOVEDappoint George 7) by Supervisor Morey, seconded by Councilman Sovocool to VanSlyke to the Town Planning Board with a term to expire 2007. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. Appointment of Town Planning Board Chair 8) – tabled until next month. Town Board Meeting Page 9 January 9, 2001 Appoint member to Zoning Board of Appeals 9) – term for Mary Decker has expired. No one was appointed to replace her. MOVEDreappoint Lyle 10) by Supervisor Morey, seconded by Councilman Sovocool, to Raymond as Zoning Board of Appeals Chair. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. MOVEDretain Doug’s Trash 11) by Supervisor Morey, seconded by Councilman Clark, to Removal Service at the rate of $65.00 per month for the period January 1, 2001 to December 31, 2001. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLUTION #2 - CONTRACT WITH KIRBY, BEALS & MAIER FOR AUDIT OF 2000 FINANCIAL STATEMENTS MOVED by Supervisor Morey, seconded by Councilman Sovocool. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Town Board does hereby retain the services of Kirby, Beals, & Maier & Company to audit Financial Statements including Justice Court for the year ended December 31, 2000 at a fee of $4,200.00. RESOLUTION #3 - APPROVE 2001 DOG CONTRACT WITH SPCA Moved by Supervisor Morey, seconded by Councilman Randall. Ayes – Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Town Board does hereby approve the 2001 contract with the Tompkins County SPCA for the purpose of dog control in the Town of Groton at a fee of $10,481.00. Town Board Meeting Page 10 January 9, 2001 RESOLUTION #4 - AUTHORIZATION TO PARTICIPATE IN COOPERATIVE PURCHASING OF HIGHWAY SERVICES WITH TOMPKINS COUNTY MOVED by Supervisor Morey, seconded by Councilman Clark. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. WHEREAS, the Office of the State Comptroller has ruled that counties may no longer extend their bids for public work (services) to political subdivisions, and WHEREAS, General Municipal Law Section 119-0 provides for municipalities entering into cooperative purchasing agreements to jointly bid needed services, and WHEREAS, General Municipal Law, Article 5-G Section 110-0 states that "any agreement entered into hereunder shall be approved by each participating municipal corporation or district by a majority vote of its governing body," now therefore be it RESOLVED, that the Town of Groton be hereby authorized to participate with Tompkins County in the cooperative purchasing of various highway services. RESOLUTION #5 - AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE ON STATE BID MOVED by Supervisor Morey, seconded by Councilman Scheffler. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Groton Town Board does hereby authorize the Highway Superintendent to purchase oil and related products from State Contract Bids as appropriate. This ended the Year 2001 Organizational Meeting. The Board then proceeded with their regular monthly meeting: Town Board Meeting Page 11 January 9, 2001 MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the minutes of the December 12, 2000 meeting as presented. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. General Fund for the Year 2000 Claim Numbers 422 - 442 of the in the amount of $7,857.16 were presented for audit. MOVED by Councilman Randall, seconded by Councilman Scheffler, to approve the General Bills for the Year 2000 for payment. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. General Fund for the Year 2001 Claim Numbers 1 – 6 of the in the amount of $428.32 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Sovocool, to approve the General Bills for the Year 2001 for payment. Highway Fund for the Year 2000 Claim Numbers 221 – 241 of the in the amount of $16,439.26 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the Highway Bills for the Year 2000 for payment. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. Highway Fund for the Year 2001 Claim Number 1 of the in the amount of $2,208.15 was presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the Highway Bills for the Year 2001 for payment. Special Grant (HUD) Fund for the Year 2000 Claim Numbers 197 - 203 of the in the amount of $19,047.56 were presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the HUD bills for the Year 2000 for payment. Ayes - Sovocool, Scheffler, Clark, Morey. Abstain – Randall. Supervisor Morey invited privilege of the floor. No one responded. Town Board Meeting Page 12 January 9, 2001 Monthly Reports: Liz Brennan, Bookkeeper – I don’t have report. I am waiting for all the bills to come in. As soon as we get all the bills in I can close the books and start the annual reports. Supervisor Morey – Thanks, Liz. Mark D. Gunn, Code Enforcement Officer – I think everybody got a copy of my report. It started off for the month of December and I only had one permit. It was for a modular home. I did all the Motor Vehicle Repair Shop inspections for 2000 in the last week of December and they turned out pretty good. My annual report, I had a total of 92 permits for 2000 and a total of 25 brand new homes. That included new mobile homes, single wide and double wide, modulars, stick build, etc. So, that is either people moving out and moving into a new home or people moving into the Town. The rest of the 92 permits, 4 of them were replacement of mobile homes and the rest of them were pools, garages, additions, that sort of thing. I also attached a copy of the zoning issues that I had for 2000. I won’t go over each one of them. They have all been taken care of. Everybody adhered pretty much after they got the notice of violations. I don’t have anything outstanding right now. Everything is pretty much taken care of. Ed McKane, he has been……. Supervisor Morey – Given till May. Any questions for Mark? Thanks Mark. Richard C. Case, Jr., Highway Superintendent – In the words of my predecessor, one of his last words were, “ there’s snow, we’re plowing snow.” Supervisor Morey – Any questions for Rick? Colleen D. Pierson, Town Clerk/Tax Collector – You have my monthly report for December and you have my annual report for Year 2000. The only other thing I have I guess is that I am taking up donations for flowers right after the meeting. Francis Casullo, Town Attorney – Just one thing for the Board, our office received a notice from the Tompkins County Supreme Court on the Sirens matter. Under the first volley of lawsuits started, our office had brought a motion to enjoin Sirens from doing what they were doing over there. Once everything was settled everyone sort of forgot about that motion that was pending. Just to straighten out the Court’s calendar, they have asked us to probably make a motion to dismiss so that they can clean it off their calendar. What I need is, essentially, the Board’s approval to do whatever I need to do to take care of that. It will be under the retainer and will be real simple to do. It’s a housekeeping thing, but we need to do it and we’re not going to charge you anything extra. Town Board Meeting Page 13 January 9, 2001 RESOLUTION #6 – AUTHORIZE ATTORNEY TO RESOLVE “SIRENS” MATTER MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED , that the Town Board does hereby authorized its attorneys to take all steps necessary to resolve any pending matters that have been commenced relative to the “ Sirens” matter. Arland Heffron & Arthur Dawson, Town Justices – Submitted their monthly report for the Board’s review. Judge Dawson – Our web site has had over 800 hits in less than a year, so that’s pretty good. We’re getting accolades from other places that like our web site and are passing it on to other courts as an example. www.grotoncourt.com Supervisor Morey – Peg, you’re part of the Court, no comments? Margaret Palmer – No. Supervisor Morey – Item #7 is the approval of the Village and Town 2001 Rental Agreement for the Court Room rental. Did you get a copy of this? I fear that you never did. Well, basically, it’s an agreement with the Village of Groton to rent the Court Room for $3,600.00 a year, which turns out to be $300.00 a month. This is the same contract we’ve always signed, but we never approved it. One of the auditors brought that to our attention before. It’s here to read. Clerk Pierson – That’s not true. It’s in the minutes every year as a resolution. Councilman Sovocool – We’ve approved it every year. Supervisor Morey – Oh, good. Attorney Casullo – I don’t know if in years past that anyone has ever seen the agreement. I don’t know if any of you ever looked at it. Clerk Pierson – That could be, but it’s always been the same contract. Councilman Sovocool – It’s always been done, I know. Margaret Palmer – Excuse me, but that’s the Court Room and the offices, right? Several people answer yes. Town Board Meeting Page 14 January 9, 2001 RESOLUTION #7 - APPROVE COURTROOM CONTRACT WITH VILLAGE MOVED by Supervisor Morey, seconded by Councilman Scheffler. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Town Board does hereby approve the Annual contract between the Town of Groton and the Village of Groton for the rental of the Courtroom by the Village of Groton for the amount of $3,600.00 per year. RESOLUTION #8 – REQUEST NEW YORK STATE REGISTER MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED , that the Town Board wishes to request that their free subscription to the New York State Register be continued through 2001. RESOLUTION #9 – HEALTH INSURANCE BENEFITS FOR EMPLOYEE SURVIVORS MOVED by Supervisor Morey, seconded by Councilman Sovocool. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED , that the Town Board hereby approves the continuance of Health Insurance Benefits under the Town’s plan for survivors of employees and/or former employees with premiums being paid by said survivors. RESOLUTION #10 – APPROVE ADVANCE PAYMENT OF REGISTRATION FEES MOVED by Supervisor Morey, seconded by Councilman Randall. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED , that the Town Board does hereby approve the advance payment of registration fees for the 2001 Annual Training School and Annual Meeting of the Association of Towns Meeting in New York City, February 18-21, 2001. Any individual receiving advance payment of registration fees and then failing to attend the meeting would be required to reimburse the Town of Groton. Town Board Meeting Page 15 January 9, 2001 Supervisor Morey – You have a copy of the M&T Financial Statement for the Town of Groton. I’d like you to review it. We’ll move on to Colleen’s annual report. You have it in your packet. You’ve been busy, Colleen. Clerk Pierson – Yes, we’re really busy now, with taxes. Supervisor Morey – Excellent job. Announcements include an update of the foresting. How’s it going? Councilman Clark – Good. As requested by the Board Members last meeting, I’ve asked Bob Demeree to come back and field some of the questions you maybe asked me and I didn’t fulfill your answers like you maybe wanted. Bob, could you come up? Bob Demeree – As you know I attended a meeting and did a prior presentation to this Board. I reviewed my presentation and Sheldon asked me to go ahead and mark the timber, which I have done. I’ve marked the timber and prepared the notice of sale. With the approval of the Board I’d disseminate this notice of sale to prospective buyers and solicit bids. If an acceptable bid is received and the Board would approve it, I would go ahead and prepare a contract, have the contract signed, have the Town paid prior to any harvest, and of course, when the logging contractors moved in, I would supervise the harvest, make sure everything was done in a proper fashion, make sure no trees were stolen, only the marked, selected trees were taken, make sure all the culls were cut, make sure the roads were smoothed out, make sure the area is left in a neat and clean condition. Councilman Clark – They had a concern that a Town rule is that all bids have to be opened in this building. Bob Demeree – We can do that. We can have the bids submitted to your next meeting. That would be no problem. I could have the bids sent and opened any time. Supervisor Morey – Basically, my concern is that it has to be run through the Town, only. And my understanding was, back when you made a presentation, you were just going to go up there and give us an estimate of how many trees would be there. I never thought that you were going to mark them. Bob Demeree – No, I think that was part, if you review my presentation, I presented a sample contract. As far as marking the trees, that’s vital. Marking the trees is vital, if you want to do forest management. If you don’t want to do forest management, and you don’t mark them, the loggers will take what they want. Supervisor Morey – I knew that. Bob Demeree – The trees that I have selected are mature trees, defective trees, and in some cases cull trees, which there is no sense growing poor trees in the woods, which would be cut along with the sale. And the important part is, if this is harvested in this manner, only the Town Board Meeting Page 16 January 9, 2001 marked trees are cut, you will have an excellent woodlot left and will have the prospects of a very valuable timber sale in the next 12 to 15 years. If you don’t do it that way and a logger comes in and cuts down to 14 to 16 inches, you won’t have to worry about it for the next 30 or 40 years. The key to this process is the competitive bids. The trees are there, the prospective buyers inspect the sale, they present their bids and it’s amazing the range of bids that you get when you do this. It’s strongly recommended that you follow this procedure because we’ve been doing it for many, many years. You have a valuable resource there right now, but unfortunately, once the survey was done, I thought there was quite a lot more timber there than there is but it turned out to be on the neighbor’s. But you still have the timber that is ready for sale now, plus you have a very nice residual stand, very nice young stock, and a potential for a lot more dollars down the road, if it is done properly. Supervisor Morey – All right. Are you actually going to be our broker for this? Bob Demeree – More than your broker. I’m actually going to be your forest manager and your agent. Supervisor Morey – That’s a biddable situation to, though. Bob Demeree – You can solicit other consultants, if you choose. I think I stated that during my proposal, that there are other consultants around. Councilman Clark – I brought Bob in here because I’ve done this similar practice for 35 years of my life and I’ve been in a lot of forestry meetings, I’ve traveled quite a bit around the state to meetings and I’ve been really involved in forestry. So, I’m not about to leave the Town in some venture that I would be at all suspicious about or, you know, didn’t believe in. I guess that’s all I can say. Supervisor Morey – I think it’s an excellent idea. I’m not criticizing the idea. I think that we have to do it or we’re going to loose that wood up there to dying out and all that stuff. But we have to do it the legal way because we’re using public money and they have certain specific rules and regulations that we have to follow, that’s all. If the broker or forest manager is not a sole source by any means, we’re going to have to advertise for that because we’re going to have to use that. And then we’re going to have to advertise getting rid of the trees too. Bob Demeree – Well, once you decide upon your representative he’ll advertise the trees for you, with your approval. That’s what I would like to hear tonight, but if you don’t want to approve the sale tonight, that’s fine. But once you engage your agent, your consultant, they’ll advertise, if they do it properly they’d bring you this notice of sale, which is key. That needs to be approved. That would make it legal for the Town because that’s all ….(?).. wording. You can have it published in the paper if you want to. When I worked for the State we always published our sales in the paper by law. I don’t think you need to, but you certainly can, if you want to. Supervisor Morey – I think we have to. Bob Demeree – Well, if you have to, that’s no problem. Councilman Scheffler – What would you be charging us for this? Bob Demeree – 10% of the gross. Town Board Meeting Page 17 January 9, 2001 Councilman Scheffler – Because our purchasing policy goes on amounts. Bob Demeree – But we don’t know the amount. Councilman Scheffler – If we’re paying you a dollar, we don’t need to submit it, am I correct? But if we’re paying you $10,000 then we have to do different things. Attorney Casullo – There’s an exception to formal bidding. It says contracts for professional services are those requiring special technical skill, training, or expertise is an exception to the bidding requirement. Bob Demeree – I would hope I have special skills. Attorney Casullo – So, I guess you could make the argument that this would fall outside of the bidding requirement because you are seeking a contract for a professional skill or service. That would mean, obviously you are right, and you could still be right, Don, on this issue, once you hire Bob, or anybody else, we still obviously have to go out to bid for the tree cutting. That’s without question. But I think, and argument can be made here, Glenn, that you don’t have to go through the competitive bidding. Councilman Sovocool – Well, if we happen to hire Bob, he would put the bids out, right? Bob Demeree – I’ll put the bids out. Also, make sure they’re posted in the paper, if you so desire. Supervisor Morey – We have to prove this afterwards. So, we have to make sure that all legal…. Bob Demeree – No, you approve the dissemination of it. You don’t approve anything else. If you approve it, you direct me to disseminate it. That’s all. Send it to prospective bidders and put it in the paper. That is a bid thing, and you review the bids. Then you approve the bids. You would accept or not accept the bids. Attorney Casullo – The only entity that has the right to accept or reject any bids in a municipality is the Town Board. The final deciding is always going to rest with you. Bob Demeree – Then if you do accept an acceptable bid, then I, as your agent, will prepare contracts, get the contracts signed by both parties, the buyer and the agent of the Board, who I assume would be the Supervisor. Then with the contract, you get a check. You get paid in advance. If you would like other proposals and other consultants, that’s certainly your right. I could probably provide you with a list, or DEC could provide you with a list. Supervisor Morey – The bid opening will have to be here. Why is the bid deposit put in your name, payable to you? Bob Demeree – Because I hold the bid deposit to make sure that they do a good job. I recommend you continue because there have been a lot of problems with bid deposits. If you don’t let me hold the bid deposit, they probably won’t bid. It’s that simple because you are handing a performance bond to a nonprofessional. Town Board Meeting Page 18 January 9, 2001 Attorney Casullo – I know the way we have always done it……is that we make the bond payable to the municipality itself. Supervisor Morey – What he’s saying is that the bid deposit is the performance bond, it’s not a performance bond. Bob Demeree – Once the bid is accepted, they all send a bid deposit in. When you accept the high bidder, everybody else gets their bid deposit back……….. acts as a performance bond. Some further discussion took place on the bid deposit. The set amount would be $750.00 and would cover cleanup if the contractor failed to do so. Attorney Casullo expressed his feeling that the Town should hold the money. Mr. Demeree agreed that the wording of the contract could be changed to allow for this. Councilman Scheffler – What about the tops? Bob Demeree – The tops will lay where they fall. That’s not a problem. Not a big problem. They rot down, add to the soil, protect the site from deer. I don’t think I’d recommend to the Town to sell somebody firewood because you………unless you get somebody who has insurance…. Anybody I send these bid notices to people who are fully insured up to a million dollars, or whatever with all three types of insurance. And they send me certificates. Supervisor Morey – The property damage insurance, it’s kind of low isn’t it? It’s very low. Bob Demeree – There’s not much they can damage. Supervisor Morey – What about the liability insurance? $300,000 and $500,000, shouldn’t it be a million? Bob Demeree – Does it have to be? Supervisor Morey – I’d like to see it. I mean, that’s a standard contract. Bob Demeree – I can change it. That’s going to eliminate some bidders, but most of the bigger outfits have it. If you prefer a million, I’ll just change it to a million. Supervisor Morey – Are you advertising in the paper for us too? Bob Demeree – I’ll do that. Supervisor Morey – In the papers that we have. Groton Independent. Someone asked Attorney Casullo what he thought about the insurance. Attorney Casullo – I tend to agree with Glenn, but that’s a Board decision, not mine. I agree with Glenn, especially when you’ve got guys up there with that kind of equipment. I got looking at the dark side, and anything bad that can happen, can happen. I agree with Glenn. The more we are protected and the higher amount, the better off this Board is going to be. Supervisor Morey – In your contract do you have the vendor or the successful awardee indemnify the Town? Town Board Meeting Page 19 January 9, 2001 Bob Demeree – Yes. Their certificate has got to say to include the seller, which in this case would be the Town of Groton. Supervisor Morey – Okay. Any other questions? Councilman Randall – As far as your part of the money, when do you get that, when everything is done? Bob Demeree – No. When you get paid, I like to get paid. Councilman Randall – In retrospect, if you’re getting a performance bond from these other people, that maybe we should hold a performance bond, part of your money….. Bob Demeree – We’ve already decided that. Oh, you want to hold a performance bond against me? Fine. Maybe half. That would be fine with me. I’ve got no problem with that. Normally, I like to get it from a landowner when they get the money, but I’m not too worried about the Town of Groton. Councilman Randall – I did get a chance to call. We have somebody locally, and I am definitely a firm believer in second opinions. I talked to Mark Zubal who is senior forester with DEC, lives in Groton, has lived here a long time. I personally would like to get a second opinion, have him walk through it. I don’t know you any better than I know him, honestly, but…. Bob Demeree – Well, if he works for the DEC, he can’t represent you. But if you’d like to have Mark inspect the marking and get back to this Board, that’s fine. That’s not a bad idea. Councilman Randall – He said you were on the list. He didn’t have a problem with you at all. I just, it’s been there for a while, what’s a little bit longer if we get another opinion and everything is kosher? Bob Demeree – That paint will last for two or three years. The only urgency is that the price of timber is so high and if it drops, it drops. Some more discussion took place on the subject. Motion was made to hire Mr. Demeree. Councilman Scheffler – Tyke brought up the second opinion. Does anybody want to do that? Supervisor Morey – Well, we don’t have to wait for that, I mean, Tyke also said that Bob was on his list, so…. Councilman Scheffler – I mean, no distrust of you, but a lot of us don’t understand the logging business. It’s not what we do, so we’re just asking questions and I’m thinking out loud. Bob Demeree – I would be very comfortable to have Mark inspect the sale and go over the perspective. I’m in no hurry. If you want to wait another month that’s fine with me. Town Board Meeting Page 20 January 9, 2001 RESOLUTION #11 – RETAIN ROBERT DEMEREE AS FORESTRY CONSULTANT MOVED by Councilman Clark, seconded by Supervisor Morey. Ayes - Sovocool, Scheffler, Clark, Morey. Nays – Randall RESOLVED , that the Town of Groton wishes to obtain the services of Robert Demeree as Forestry Consultant and authorize him to proceed. Supervisor Morey – Do you want to make a resolution to as Mark Zubal to look at it or just go up there and ask him? Councilman Randall – It’s pointless now. Supervisor Morey – No it’s not, Tyke. Bob Demeree – Sir, what I assume you are approving is that you are going to hire me and you do want me to send this out. Supervisor Morey – After we re-approve this. You said you were going to write this up for our approval. Bob Demeree – Oh, you’re going to rewrite it. Supervisor Morey – No, you’re going to rewrite it. Bob Demeree – I said, I’m going to rewrite it and resubmit it. Attorney Casullo – My feelings are this, Bob is to rewrite that proposal with the changes you made and you and I need to look at it before we okay it. Bob Demeree – That’s all you’re authorizing me to do, is resubmit? You plan to engage me, but you want me to resubmit the notice of sale with the changes we discussed. That’s fine with me and that will give you plenty of time to have Mark look at the job and get back to you. Councilman Randall – But that’s not really what the motion was. It was to retain him to do this, to put this out. That’s the way I understood it. Clerk Pierson – That’s what it was. Councilman Randall - …and you’re saying go ahead and to that. If that’s the case, then it’s pointless to have Mark go up there. See what I’m saying? You guys sound like you’re talking about two different things. He’s saying resubmit, you know, the changes that we made, he’s going to resubmit that for our approval. But the way the motion was brought up was that we are approving him to be the agent now. So, unless I listened to it wrong…… Councilman Scheffler – That’s what I understood too. Town Board Meeting Page 21 January 9, 2001 Supervisor Morey – Discussion. Louie. Councilman Sovocool – That was my understanding, that we were hiring him to do it. Councilman Scheffler – Do we want to start over? Clerk Pierson – Sheldon made the motion to hire Bob. Councilman Clark – That’s correct. Supervisor Morey – That’s the motion. We’ve hired him as the forestry manager. Okay. No other comments were made by the Board. Bob Demeree – Let me get this clear. You want a million dollars liability. You want the bids to be sent here to you, as supervisor, right? And what is the address here? Clerk Pierson – Glenn, quite often, they have the bids dropped at the Town Clerk’s Office because someone is always there. Then I would come in and turn them over to you. Would that be easier? It was decided that Mr. Demeree would rewrite and then resubmit the notice of sale and resubmit it at the next meeting for the Board’s approval. RESOLUTION #12 – PAYMENT OF ROBERT DEMEREE FOR SERVICES AS FORESTRY MANAGER MOVED by Councilman Clark, seconded by Supervisor Morey. Ayes - Sovocool, Scheffler, Randall, Clark, Morey. RESOLVED, that the Town Board approves paying Robert Demeree for services as Forestry Manager in the following way: 10% of the gross sale: 50% at the time the Town of Groton receives its money for the sale and 50% after the sale is satisfactorily completed and approval by Board. Announcements: Thank you from memorial fund for Terrance Graves, thanking the Town of Groton for the donation. th Tompkins County Magistrates Dinner, February 9. th Tompkins County Officials Dinner Meeting, January 16. Town Board Meeting Page 22 January 9, 2001 Announcements Continued: thst New York State Association of Towns Meeting in New York City, February 18 – 21. th McLean Community Council Meeting, January 10, 7:30, at the McLean Fire Station. Supervisor Morey – I see that Craig Schutt and Kate Hackett are here from the Tompkins County Planning. Welcome. Kate Hackett – I’m from the Water Resources Management, Tompkins County Planning Department, and Craig and I are here to talk to you about the Tompkins County Flood Hazard Mitigation Program. This is a program that was started in 1997 in response to a January flood declaration of that same year. It was created in response to community need. There was quite a bit of property damage at that time with frequent flooding events. This is not a new program. It’s another variation of another program that was started in 1983. The County appropriates money annually for this program. …….last year was $25,000 total. Applicants from around the County can submit applications for this program. The funding is such that the applicant pays a third of the total project cost, the municipality pays a third and the County pays the final third of that cost. An application can come from a private landowner or from a public entity in a municipality. The objective of the program is to minimize the damages caused by the previous years’ events. This might include anything from stream bank stabilization and mitigating property loss to preventing road damage on the bank as a result of undermining the road. This is both an economic program and an environmental program. We’re trying to prevent economic loss and preserve the environment at the same time. There is an advisory committee that oversees this program. It is the Flood Hazard Mitigation Advisory Committee and we have five members on that committee. Their charge is to oversee the program, which is administered by Soil and Water Conservation District, and prioritize the applications that we receive. The committee will prioritize these applications and then pass them on to the Board of Representatives for their final reward. This program, to a large degree, works with streams around the County. We work with streams because we need to maintain their functions that range from everything from recreation, to water supply, to providing habitat, to flood control, to water quality. Many applications we have received have requested a project that would protect a septic system that is being encroached upon, or a well. The program has a three-fold purpose: to prevent flood damage, to protect property, and also to protect the environment. Ms. Hackett went on to further describe the program, how it originated, and its goals. She explained that a critical component of the program is municipal support from the municipality in which any project is proposed. Many municipalities form local watershed committees for this purpose. Craig Schutt from the Tompkins County Soil and Water District, which administers the program, showed examples of past program participation, explained the application process as well as criteria, and spoke about remediation measures and timelines. Town Board Meeting Page 23 January 9, 2001 Pamphlets, brochures and publications as well as other information were left with the Board Members for their further review and future references. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler at 9:05 PM. Unanimous. Colleen D. Pierson Town Clerk