The regular meeting of the Groveland Town Board was held on Thursday June 13, 2013, at the
Town Hall.
Present: James C. Merrick, Supervisor; Bill Carman, Town Councilman & Deputy Supervisor; Craig Phelps,
John Driscoll, James Love, Councilman; Greg Adamson, Highway Superintendent
Absent: None
Other Attendees: Kelly Jo Landers, GVPI representative Ted Van Son & Secretary Stacy, Livingston County
Tourism Director - Lisa Burns and her daughter, Bond Financial Broker – Bill Carson.
Supervisor handed out the monthly financial reports.
Supervisor called the meeting to order @ 7:58 p.m.
A motion by Councilman Carman and seconded by Councilman Phelps the audited bills be paid. General
Fund vouchers numbered 124-153 for $22,345.45; Highway Fund vouchers numbered 122-138 for
$14,417.62; Cemetery Fund vouchers numbered 4 for $38.00; Fire & Ambulance Fund voucher number 2 for
$7560. Motion carried unanimously.
A motion by Councilman Driscoll and seconded by Councilman Carman to accept the minutes of the
regular meeting of May 9, 2013 minutes be accepted with a change to Resolution 32-2013 inserting date of
abstract and rewording this was not an error on the deed just a change. Motion carried.
A motion by Phelps and seconded by Councilman Carman to accept the monthly financial reports as
submitted. Motion carried unanimously.
Information handed out/or acknowledged:
1) Liv. Co. Board of Supervisors minutes
2) Post Office public meeting 6/27/13 survey’s at post office & Town Clerk’s office
3) Water Conservation still in effect through July 1st – updated info: dept-of-health@co.livingston.ny.us
4) New York Life Insurance agent provided a packet to sell Whole Life policies to employees
5) Planning/ZBA have submitted changes to Clough Harbour for a rewrite
6) Town of Geneseo did a resolution to Repeal NYS Safe Act of 2013
Old/New Business:
HIGHWAY REPORT – Greg reported the crew is working for the county in west Sparta earning $42,000 and
should be there with one truck for another week. Next some of the crew will be hauling for the state. Our chip
and sealing is on hold due to rain which Gamble Road will need more gravel before stone and oiling.
GENESEE VALLEY PARANORMAL INVESTIGATORS (GVPI) – PRESENTATION OF ITS
FINDINGS @ 8:00 P.M. – Ted Van Son Jr. and his secretary replayed audio captured but the video was
not shown with the data they collected May 17th & 18th at the Ambuscade Park. A copy will be left at the
end of the evening. His team has collected at Boyd and Park in Leicester too. They gained permission
from Mr. Miskell and Mr. Thompson before the dates. He would like permission to do video September
14th & 15th as those dates are the anniversary dates. Mr. Van Son Jr. stated that on May 17th about 9:58
p.m. they have a recording of the large boom sound that occurred in Groveland Station – which they could
not identify what it was. Friday night recordings were unknown voices and Saturday night recordings
sounded like musket fire. Now sounds are not heard by the human ear until you replay back footage and
then can hear them. A big discussion about Orbs as only the camera can pick them up and again not seen
by the human eye. Lisa Burns was curious and sometimes looks for new niches for marketing. NYS
Tourism is big on trails like wine, casino, food and newly into paranormal stuff. Livingston County
Historical society just did a motor coach parade on the Sullivan campaign.
The Supervisor thanked them for showing the footage and wished them luck in September.
6/13/2013 Town Board Minutes
1
BOND FINANCIAL – PRESENTATION @ 8:15 P.M. – Bill Carson, Agent for Bond Financial- Broker
to our Health Insurance policy did his presentation on small business health insurance coverage and the
changes with the new Health Care Reform program that goes in effect this year. Packets passed out and
reviewed. Bill is available to review any insurance plans for the union even if different than the copies
provided.
REASSESSMENT PROJECT CONTRACT – RESOLUTION 35-2013- Town Clerk passed around
contract for review as is every 4 years for reassessment year.
WHEREAS, the Town Board has met at the time and place at its regular meeting, to review a 2014
assessment improvement project, a program that maintains equality in assessments, and
WHEREAS, the State of New York Office of Real Property has sent a mutual agreement entitles
“Memorandum of Understanding” for the Town to review and sign, and
WHEREAS, board members have received a copy of the Memorandum of Understanding and reviewed it,
now therefore be it
RESOLVED, that with the passage of this resolution the Town Board of Groveland does accept the
Memorandum of Understanding document as presented and authorizes Bruce Knapp be authorized to enter
in such contract and authorize the Supervisor to expend the necessary funds for the preparation of said plan
and the establishment of the Real Property Improvement Program.
The question of the adoption of the foregoing RESOLUTION was put into vote. Motion by Councilman Phelps
and seconded by Councilman Carman and the results were carried with 0 nay 5 aye votes. Roll Call Votes:
Supervisor Merrick, aye; Councilman Carman, aye, Councilman Phelps, aye; Councilman Love, aye,
Councilman Driscoll, aye.
UNIFORM NOTICE OF CLAIMS CERTIFICATE – RESOLUTION 36-2013 – Effective June 15, 2013,
a person wishing to sue a town will have another option for serving a notice of claim upon the town. A
person filing a notice of claim with the Secretary of State may be charged a fee of up to $250, half of
which shall be forward to the town providing that the town files its certificate of designation upon with
Secretary of State within 30 days of June 15, 2013. Pursuant to CPLR Section 311(a) (5) the town
supervisor or town clerk is the person authorized to accept service on behalf of the town.
WHEREAS General Municipal Law, §53 requires towns to file a certificate with the Secretary of State
designating the Secretary of State as an agent for service of a notice of claim; and
WHEREAS, General Municipal Law, §53 requires the certificate to include the applicable time limit for
filing the notice of claim and the name, post office address and electronic mail address, if available, of an
officer, person, for the transmittal of notices of claim served upon the Secretary as the town’s agent; and
WHEREAS, pursuant to General Municipal Law, §50-e(1)(a), the applicable time limit for the filing of a
notice of claim upon a town is 90 days after the claim arises, or in the case of a wrongful death action, 90
days from the appointment of a representative of the decedent’s estate; Now therefore Be It
RESOLVED, that the Town Board of the Town of Groveland, County of Livingston designates the Town
Clerk in his/her capacity as, to receive notices of claims served upon the Secretary of State by mail at
4955 Aten Road, Groveland NY 14462.
BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Clerk to file the required
certificate with the Secretary of State informing him or her of the town’s designation and applicable time
limitation for filing a notice of claim with the town on or before July 14, 2013.
The question of the adoption of the foregoing RESOLUTION was put into vote. Motion by Councilman
Carman and seconded by Councilman Driscoll and the results were carried with 0 nay 5 aye votes. Roll Call
6/13/2013 Town Board Minutes
2
Votes: Supervisor Merrick, aye; Councilman Carman, aye, Councilman Phelps, aye; Councilman Love, aye,
Councilman Driscoll, aye.
BALDWIN BUSINESS LINE TRANSFER – RESOLUTION 37-2013 – Board members reviewed the
proposed resolution to transfer funds that was prepared by Baldwin Business.
GENERAL FUNDS
Transfer
From:
Transfer
To:
A2705
A1990.4
A7110.4
A7550.4
Donation
Contingency
TOTAL:
$
$
$
202.00
723.00
925.00
TOTAL:
$
$
$
723.00
202.00
925.00
TOTAL:
$
$
$
23,822.00
17,067.00
40,889.00
TOTAL:
$
$
$
$
28,950.00
3,566.00
8,373.00
40,889.00
TOTAL:
$
$
1,882.00
1,882.00
Parks Contractual
Celebrations
HIGHWAY FUNDS
Unanticipated Revenue
Transfer
From:
Transfer
To:
DA2665
DAUB
DA5130.2
DA9010.8
DA9050.8
Sales of Equipment
Unexpected Balance
Machinery Equipment
State Retirement
Unemployment Ins.
CEMTERY FUNDS
Transfer
From:
Transfer
To:
C2190
C8810.1
C8810.4
C9030.8
Sales of Cemetery Lots
Cemetery Services
Cemetery Contractual
Social Security
$ 1,144.00
$
650.00
$
88.00
TOTAL: $ 1,882.00
The question of the adoption of the foregoing RESOLUTION was put into vote. Motion by Councilman
Driscoll and seconded by Councilman Carman and the results were carried with 0 nay 5 aye votes. Roll Call
Votes: Supervisor Merrick, aye; Councilman Carman, aye, Councilman Phelps, aye; Councilman Love, aye,
Councilman Driscoll, aye.
ASSESSOR POSITION DISCUSSION – CONTRACT ENDS 9/30/13 - Town of Geneseo has received 9
resumes. Interviews could be as early as next week. Discussion who will sit in on interviews, Supervisor
indicated as Driscoll and Phelps will be busy on union contracts it leaves Love and Carman. Love indicated he
may be out of town for several weeks. Supervisor Merrick and Councilman Carman will sit in on interviews
along with our current assessor, Bruce. Supervisor stated he has asked Bruce to come up with some interview
questions.
6/13/2013 Town Board Minutes
3
Town Clerk stated if Geneseo chooses to enter into a coordinated assessment then we would be required to
update our local law; otherwise this could be a simple Intermunicipal contract agreement similar to code
enforcement officer.
BICENTENNIAL UPDATE – Salt Mine went well, some photos to pass around. The website has been
updated and added a Bicentennial page which we will keep adding information/notifications/photos as they
come in. Town Clerk reported this Saturday is the Farm Day Event. Helpers are needed. Weather looks to be
helpful, but no idea how many to expect for the tours. We have scheduled 2 LATS buses so hopefully they are
justified. Brady Farms has submitted funds for the August community picnic.
TOWN ATTORNEY – The code department has inquired who will be prosecuting cases that he may bring
before our town court as this is the season for persistent violations. The board will think about it and address
possibly at the next meeting.
INDEPENDENT CONTRACTOR – Town Clerk forward all the conference materials regarding insurance
coverage which was requiring accounting firms to provide insurance coverage. Our Agent Jan Rogers has
reviewed the information and provides the following response: “I have reviewed the Crime Presentation and
Risk Transfer slides, as well as the Internet & Email Agreement. Needless to say, I am not able to provide
legal advice regarding any of these matters. Town Clerk also pointed out the Village of Mt. Morris had an
audit that pointed out concerns with the Independent Contractor.
Email Content:
Regarding your question below, I would agree with the recommendation of requiring Baldwin Business to
provide proof of Crime policy/Employee Dishonesty coverage for all of their employees who are in a position
to potentially steal the Town’s funds. Based on the amount of the Town’s funds they handle/have access to, it
may be prudent to require a higher limit of coverage on specific individuals and/or positions who have the
most access to Town funds. I would recommend that the limit of coverage required of Baldwin Business be
equal to the maximum possible exposure the Town has. Proof of this coverage needs to be provided on an
annual basis upon the renewal date of their policy. In my opinion, not requiring Baldwin Business to have
adequate Employee Dishonesty coverage in place and supply proof every year makes the Board more
vulnerable.
As you may or may not recall, some of the things we have discussed over the past several years is
implementing more stringent internal accounting controls, audits and the need to have separate individuals
who make deposits, cut & sign checks and reconcile accounts. Questions regarding these are all part of the
Selective Crime renewal application. It appears all of this was part of the discussion in preventing fraud. As
we have discussed, there is substantially more fraud that occurs during difficult economic times.
Regarding the risk transfer slides, this is exactly what I have discussed with the Board for many years. The
Town needs to require all “subcontractors” (e.g. person(s) who clean the office, any professional and/or
service personnel, construction contractors, contractors to whom the Town subcontracts work to, etc. etc.) to
provide you with a current Certificate of Insurance for Commercial General Liability with minimum limits of
$1,000,000/$2,000,000, Business Auto with minimum limits of $1,000,000, Commercial Umbrella with
minimum limits of $1,000,000/$2,000,000 and statutory Workers Compensation coverage. I would
recommend the Board make a decision on the minimum limits they will require of every subcontractor and
enforce these, without exception. If the subcontractor chooses not to comply, then the Town should find a
subcontractor who will. In addition, the Certificates should include the following: 1) list the Town as an
Additional Insured on a primary & noncontributory basis, 2) Waiver of Subrogation in favor of the Town, 3)
Indemnification in favor of the Town and 4) Hold Harmless in favor of the Town. A contract with every
subcontractor should be drafted/approved by the Town’s attorney and needs to incorporate specific language
that includes items 1-4.”
Discussion: do we want to require Baldwin to provide? The board all agreed we should require the minimum.
Supervisor Merrick will address with Tom Baldwin.
6/13/2013 Town Board Minutes
4
NATIONALGRID - FREE ENERGY AUDIT – RESULTS AND OPTIONS – Nationalgrid came through
and checked all lighting inside and out and proposed annual savings of 15,621 KWH, which estimates
about $1,737 in savings annually. The grant program provides a 46% grant reimbursement of the total
cost to install and replace all recommendations. It shows the cost to improve and replace existing lighting
to be $5,549. Town Clerk passed around the plan. Discussion: Hold off as NYSERDA offers a similar
program with better reimbursement incentives. Councilman Carman will get the Town Clerk the
information.
ARCHEOLOGY PHASE 1B AMBUSCADE PARK - The study was completed on 5/21/13 and shows negative
results in any artifacts. The report has been filed with SHPO. We are waiting for SHPO approval before we move
forward with electric; then work on getting building plans.
DOG LAW – at the May meeting it was left with Supervisor Merrick asking Councilman Love to research
Perry’s ordinance. Councilman Love obtained Perry’s Dog ordinance which he said seems uniformed in their
county. Town Clerk stated Livingston County has the similar dog ordinance that the State Ag & Markets
provided a model law for each town to utilize and of course each town tailored to their own needs.
Councilman Love wants to make sure we provide clear regulations to avoid licensing dogs that end up being a
potential puppy mill. Town Clerk thinks the area is based more in zoning regulations and maybe not the dog
law; it is my understanding the proposed new zoning regulations clarify dog kennels a bit more but I have not
seen the regulations yet to know the content. Board all agreed to hold off updating the dog law with
replacement tags pending the outcome of the updated zoning in case we need to revise wording in the dog
ordinance law. All agreed.
Communications:
Supervisor Merrick asked who would like to donate to the Dansville Library ticket drive this time;
Councilman Carman took the packet and will take care of it.
Supervisor Merrick mentioned he has a company associated with Dave Livingston who would like to do a
health coverage presentation similar with what Bond Financial does. Board expressed their satisfaction with
Bond and feel we are heading in a good direction with Bond, but as a courtesy to Dave they would allow them
to do a presentation. Merrick indicated this not a conflict of interest since Dave is not a Councilman.
Supervisor Merrick stated the Rifle law has passed countywide pending state approval. It could go into effect
as early as July 1st.
Councilman Phelps and Carman noticed on the agenda that Town of Geneseo passed a resolution to Repeal the
Safe Act. Carman wonders if Groveland should consider sending one in as well. A motion by Councilman
Carman and seconded by Councilman Driscoll agree and ask to have it ready for the next meeting. Motion
carried unanimously.
Councilman love asked if there is any update on the correctional water contract. Supervisor Merrick said yes
the county has received a contract for review; he feels that once all the paperwork is complete ground work
could take place as early as April.
A motion by Councilman Driscoll and seconded by Councilman Love to adjourn the meeting. Motion carried
unanimously. Meeting adjourned at 10:21 p.m. The next regular meeting will be on Thursday July 11, 2013 @
7:30 p.m. at the town hall.
Dated June 13, 2013
Town of Groveland
____________________________
Sandra L. Bean, Town Clerk
6/13/2013 Town Board Minutes
5
The regular meeting of the Groveland Town Board was held on Thursday June 13, 2013, at the
Town Hall.
Present: James C. Merrick, Supervisor; Bill Carman, Town Councilman & Deputy Supervisor; Craig Phelps,
John Driscoll, James Love, Councilman; Greg Adamson, Highway Superintendent
Absent: None
Other Attendees: Kelly Jo Landers, GVPI representative Ted Van Son & Secretary Stacy, Livingston County
Tourism Director - Lisa Burns and her daughter, Bond Financial Broker – Bill Carson.
Supervisor handed out the monthly financial reports.
Supervisor called the meeting to order @ 7:58 p.m.
A motion by Councilman Carman and seconded by Councilman Phelps the audited bills be paid. General
Fund vouchers numbered 124-153 for $22,345.45; Highway Fund vouchers numbered 122-138 for
$14,417.62; Cemetery Fund vouchers numbered 4 for $38.00; Fire & Ambulance Fund voucher number 2 for
$7560. Motion carried unanimously.
A motion by Councilman Driscoll and seconded by Councilman Carman to accept the minutes of the
regular meeting of May 9, 2013 minutes be accepted with a change to Resolution 32-2013 inserting date of
abstract and rewording this was not an error on the deed just a change. Motion carried.
A motion by Phelps and seconded by Councilman Carman to accept the monthly financial reports as
submitted. Motion carried unanimously.
Information handed out/or acknowledged:
1) Liv. Co. Board of Supervisors minutes
2) Post Office public meeting 6/27/13 survey’s at post office & Town Clerk’s office
3) Water Conservation still in effect through July 1st – updated info: dept-of-health@co.livingston.ny.us
4) New York Life Insurance agent provided a packet to sell Whole Life policies to employees
5) Planning/ZBA have submitted changes to Clough Harbour for a rewrite
6) Town of Geneseo did a resolution to Repeal NYS Safe Act of 2013
Old/New Business:
HIGHWAY REPORT – Greg reported the crew is working for the county in west Sparta earning $42,000 and
should be there with one truck for another week. Next some of the crew will be hauling for the state. Our chip
and sealing is on hold due to rain which Gamble Road will need more gravel before stone and oiling.
GENESEE VALLEY PARANORMAL INVESTIGATORS (GVPI) – PRESENTATION OF ITS
FINDINGS @ 8:00 P.M. – Ted Van Son Jr. and his secretary replayed audio captured but the video was
not shown with the data they collected May 17th & 18th at the Ambuscade Park. A copy will be left at the
end of the evening. His team has collected at Boyd and Park in Leicester too. They gained permission
from Mr. Miskell and Mr. Thompson before the dates. He would like permission to do video September
14th & 15th as those dates are the anniversary dates. Mr. Van Son Jr. stated that on May 17th about 9:58
p.m. they have a recording of the large boom sound that occurred in Groveland Station – which they could
not identify what it was. Friday night recordings were unknown voices and Saturday night recordings
sounded like musket fire. Now sounds are not heard by the human ear until you replay back footage and
then can hear them. A big discussion about Orbs as only the camera can pick them up and again not seen
by the human eye. Lisa Burns was curious and sometimes looks for new niches for marketing. NYS
Tourism is big on trails like wine, casino, food and newly into paranormal stuff. Livingston County
Historical society just did a motor coach parade on the Sullivan campaign.
The Supervisor thanked them for showing the footage and wished them luck in September.
6/13/2013 Town Board Minutes
1
BOND FINANCIAL – PRESENTATION @ 8:15 P.M. – Bill Carson, Agent for Bond Financial- Broker
to our Health Insurance policy did his presentation on small business health insurance coverage and the
changes with the new Health Care Reform program that goes in effect this year. Packets passed out and
reviewed. Bill is available to review any insurance plans for the union even if different than the copies
provided.
REASSESSMENT PROJECT CONTRACT – RESOLUTION 35-2013- Town Clerk passed around
contract for review as is every 4 years for reassessment year.
WHEREAS, the Town Board has met at the time and place at its regular meeting, to review a 2014
assessment improvement project, a program that maintains equality in assessments, and
WHEREAS, the State of New York Office of Real Property has sent a mutual agreement entitles
“Memorandum of Understanding” for the Town to review and sign, and
WHEREAS, board members have received a copy of the Memorandum of Understanding and reviewed it,
now therefore be it
RESOLVED, that with the passage of this resolution the Town Board of Groveland does accept the
Memorandum of Understanding document as presented and authorizes Bruce Knapp be authorized to enter
in such contract and authorize the Supervisor to expend the necessary funds for the preparation of said plan
and the establishment of the Real Property Improvement Program.
The question of the adoption of the foregoing RESOLUTION was put into vote. Motion by Councilman Phelps
and seconded by Councilman Carman and the results were carried with 0 nay 5 aye votes. Roll Call Votes:
Supervisor Merrick, aye; Councilman Carman, aye, Councilman Phelps, aye; Councilman Love, aye,
Councilman Driscoll, aye.
UNIFORM NOTICE OF CLAIMS CERTIFICATE – RESOLUTION 36-2013 – Effective June 15, 2013,
a person wishing to sue a town will have another option for serving a notice of claim upon the town. A
person filing a notice of claim with the Secretary of State may be charged a fee of up to $250, half of
which shall be forward to the town providing that the town files its certificate of designation upon with
Secretary of State within 30 days of June 15, 2013. Pursuant to CPLR Section 311(a) (5) the town
supervisor or town clerk is the person authorized to accept service on behalf of the town.
WHEREAS General Municipal Law, §53 requires towns to file a certificate with the Secretary of State
designating the Secretary of State as an agent for service of a notice of claim; and
WHEREAS, General Municipal Law, §53 requires the certificate to include the applicable time limit for
filing the notice of claim and the name, post office address and electronic mail address, if available, of an
officer, person, for the transmittal of notices of claim served upon the Secretary as the town’s agent; and
WHEREAS, pursuant to General Municipal Law, §50-e(1)(a), the applicable time limit for the filing of a
notice of claim upon a town is 90 days after the claim arises, or in the case of a wrongful death action, 90
days from the appointment of a representative of the decedent’s estate; Now therefore Be It
RESOLVED, that the Town Board of the Town of Groveland, County of Livingston designates the Town
Clerk in his/her capacity as, to receive notices of claims served upon the Secretary of State by mail at
4955 Aten Road, Groveland NY 14462.
BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Clerk to file the required
certificate with the Secretary of State informing him or her of the town’s designation and applicable time
limitation for filing a notice of claim with the town on or before July 14, 2013.
The question of the adoption of the foregoing RESOLUTION was put into vote. Motion by Councilman
Carman and seconded by Councilman Driscoll and the results were carried with 0 nay 5 aye votes. Roll Call
6/13/2013 Town Board Minutes
2
Votes: Supervisor Merrick, aye; Councilman Carman, aye, Councilman Phelps, aye; Councilman Love, aye,
Councilman Driscoll, aye.
BALDWIN BUSINESS LINE TRANSFER – RESOLUTION 37-2013 – Board members reviewed the
proposed resolution to transfer funds that was prepared by Baldwin Business.
GENERAL FUNDS
Transfer
From:
Transfer
To:
A2705
A1990.4
A7110.4
A7550.4
Donation
Contingency
TOTAL:
$
$
$
202.00
723.00
925.00
TOTAL:
$
$
$
723.00
202.00
925.00
TOTAL:
$
$
$
23,822.00
17,067.00
40,889.00
TOTAL:
$
$
$
$
28,950.00
3,566.00
8,373.00
40,889.00
TOTAL:
$
$
1,882.00
1,882.00
Parks Contractual
Celebrations
HIGHWAY FUNDS
Unanticipated Revenue
Transfer
From:
Transfer
To:
DA2665
DAUB
DA5130.2
DA9010.8
DA9050.8
Sales of Equipment
Unexpected Balance
Machinery Equipment
State Retirement
Unemployment Ins.
CEMTERY FUNDS
Transfer
From:
Transfer
To:
C2190
C8810.1
C8810.4
C9030.8
Sales of Cemetery Lots
Cemetery Services
Cemetery Contractual
Social Security
$ 1,144.00
$
650.00
$
88.00
TOTAL: $ 1,882.00
The question of the adoption of the foregoing RESOLUTION was put into vote. Motion by Councilman
Driscoll and seconded by Councilman Carman and the results were carried with 0 nay 5 aye votes. Roll Call
Votes: Supervisor Merrick, aye; Councilman Carman, aye, Councilman Phelps, aye; Councilman Love, aye,
Councilman Driscoll, aye.
ASSESSOR POSITION DISCUSSION – CONTRACT ENDS 9/30/13 - Town of Geneseo has received 9
resumes. Interviews could be as early as next week. Discussion who will sit in on interviews, Supervisor
indicated as Driscoll and Phelps will be busy on union contracts it leaves Love and Carman. Love indicated he
may be out of town for several weeks. Supervisor Merrick and Councilman Carman will sit in on interviews
along with our current assessor, Bruce. Supervisor stated he has asked Bruce to come up with some interview
questions.
6/13/2013 Town Board Minutes
3
Town Clerk stated if Geneseo chooses to enter into a coordinated assessment then we would be required to
update our local law; otherwise this could be a simple Intermunicipal contract agreement similar to code
enforcement officer.
BICENTENNIAL UPDATE – Salt Mine went well, some photos to pass around. The website has been
updated and added a Bicentennial page which we will keep adding information/notifications/photos as they
come in. Town Clerk reported this Saturday is the Farm Day Event. Helpers are needed. Weather looks to be
helpful, but no idea how many to expect for the tours. We have scheduled 2 LATS buses so hopefully they are
justified. Brady Farms has submitted funds for the August community picnic.
TOWN ATTORNEY – The code department has inquired who will be prosecuting cases that he may bring
before our town court as this is the season for persistent violations. The board will think about it and address
possibly at the next meeting.
INDEPENDENT CONTRACTOR – Town Clerk forward all the conference materials regarding insurance
coverage which was requiring accounting firms to provide insurance coverage. Our Agent Jan Rogers has
reviewed the information and provides the following response: “I have reviewed the Crime Presentation and
Risk Transfer slides, as well as the Internet & Email Agreement. Needless to say, I am not able to provide
legal advice regarding any of these matters. Town Clerk also pointed out the Village of Mt. Morris had an
audit that pointed out concerns with the Independent Contractor.
Email Content:
Regarding your question below, I would agree with the recommendation of requiring Baldwin Business to
provide proof of Crime policy/Employee Dishonesty coverage for all of their employees who are in a position
to potentially steal the Town’s funds. Based on the amount of the Town’s funds they handle/have access to, it
may be prudent to require a higher limit of coverage on specific individuals and/or positions who have the
most access to Town funds. I would recommend that the limit of coverage required of Baldwin Business be
equal to the maximum possible exposure the Town has. Proof of this coverage needs to be provided on an
annual basis upon the renewal date of their policy. In my opinion, not requiring Baldwin Business to have
adequate Employee Dishonesty coverage in place and supply proof every year makes the Board more
vulnerable.
As you may or may not recall, some of the things we have discussed over the past several years is
implementing more stringent internal accounting controls, audits and the need to have separate individuals
who make deposits, cut & sign checks and reconcile accounts. Questions regarding these are all part of the
Selective Crime renewal application. It appears all of this was part of the discussion in preventing fraud. As
we have discussed, there is substantially more fraud that occurs during difficult economic times.
Regarding the risk transfer slides, this is exactly what I have discussed with the Board for many years. The
Town needs to require all “subcontractors” (e.g. person(s) who clean the office, any professional and/or
service personnel, construction contractors, contractors to whom the Town subcontracts work to, etc. etc.) to
provide you with a current Certificate of Insurance for Commercial General Liability with minimum limits of
$1,000,000/$2,000,000, Business Auto with minimum limits of $1,000,000, Commercial Umbrella with
minimum limits of $1,000,000/$2,000,000 and statutory Workers Compensation coverage. I would
recommend the Board make a decision on the minimum limits they will require of every subcontractor and
enforce these, without exception. If the subcontractor chooses not to comply, then the Town should find a
subcontractor who will. In addition, the Certificates should include the following: 1) list the Town as an
Additional Insured on a primary & noncontributory basis, 2) Waiver of Subrogation in favor of the Town, 3)
Indemnification in favor of the Town and 4) Hold Harmless in favor of the Town. A contract with every
subcontractor should be drafted/approved by the Town’s attorney and needs to incorporate specific language
that includes items 1-4.”
Discussion: do we want to require Baldwin to provide? The board all agreed we should require the minimum.
Supervisor Merrick will address with Tom Baldwin.
6/13/2013 Town Board Minutes
4
NATIONALGRID - FREE ENERGY AUDIT – RESULTS AND OPTIONS – Nationalgrid came through
and checked all lighting inside and out and proposed annual savings of 15,621 KWH, which estimates
about $1,737 in savings annually. The grant program provides a 46% grant reimbursement of the total
cost to install and replace all recommendations. It shows the cost to improve and replace existing lighting
to be $5,549. Town Clerk passed around the plan. Discussion: Hold off as NYSERDA offers a similar
program with better reimbursement incentives. Councilman Carman will get the Town Clerk the
information.
ARCHEOLOGY PHASE 1B AMBUSCADE PARK - The study was completed on 5/21/13 and shows negative
results in any artifacts. The report has been filed with SHPO. We are waiting for SHPO approval before we move
forward with electric; then work on getting building plans.
DOG LAW – at the May meeting it was left with Supervisor Merrick asking Councilman Love to research
Perry’s ordinance. Councilman Love obtained Perry’s Dog ordinance which he said seems uniformed in their
county. Town Clerk stated Livingston County has the similar dog ordinance that the State Ag & Markets
provided a model law for each town to utilize and of course each town tailored to their own needs.
Councilman Love wants to make sure we provide clear regulations to avoid licensing dogs that end up being a
potential puppy mill. Town Clerk thinks the area is based more in zoning regulations and maybe not the dog
law; it is my understanding the proposed new zoning regulations clarify dog kennels a bit more but I have not
seen the regulations yet to know the content. Board all agreed to hold off updating the dog law with
replacement tags pending the outcome of the updated zoning in case we need to revise wording in the dog
ordinance law. All agreed.
Communications:
Supervisor Merrick asked who would like to donate to the Dansville Library ticket drive this time;
Councilman Carman took the packet and will take care of it.
Supervisor Merrick mentioned he has a company associated with Dave Livingston who would like to do a
health coverage presentation similar with what Bond Financial does. Board expressed their satisfaction with
Bond and feel we are heading in a good direction with Bond, but as a courtesy to Dave they would allow them
to do a presentation. Merrick indicated this not a conflict of interest since Dave is not a Councilman.
Supervisor Merrick stated the Rifle law has passed countywide pending state approval. It could go into effect
as early as July 1st.
Councilman Phelps and Carman noticed on the agenda that Town of Geneseo passed a resolution to Repeal the
Safe Act. Carman wonders if Groveland should consider sending one in as well. A motion by Councilman
Carman and seconded by Councilman Driscoll agree and ask to have it ready for the next meeting. Motion
carried unanimously.
Councilman love asked if there is any update on the correctional water contract. Supervisor Merrick said yes
the county has received a contract for review; he feels that once all the paperwork is complete ground work
could take place as early as April.
A motion by Councilman Driscoll and seconded by Councilman Love to adjourn the meeting. Motion carried
unanimously. Meeting adjourned at 10:21 p.m. The next regular meeting will be on Thursday July 11, 2013 @
7:30 p.m. at the town hall.
Dated June 13, 2013
Town of Groveland
____________________________
Sandra L. Bean, Town Clerk
6/13/2013 Town Board Minutes
5