HomeMy WebLinkAbout2017-07-11TOWN OF GROTON — MINUTES OF TOWN BOARD MEETING
TUESDAY, JULY 119 2017 AT 7:30 PM
PUBLIC HEARING ON PROPOSED LOCAL LAW #3 FOR THE YEAR 2017 AT 8:00 PM
THE TOWN HALL, 101 CONGER BOULEVARD
Those present: Donald F. Scheffler, Supervisor
Richard Gamel, Councilperson
Kelly Smith, Councilperson
Randy N. Jackson, Councilperson
Sheldon C. Clark, Councilperson
Victoria Monty, Attorney for the Town
Also present: Lance Coit, Glenn Morey, Dan Carey, Joan Packard, Isabella ?, Hannah ?, W.
Rick Fritz, Charles Rankin, A. D. Dawson, April Scheffler.
MOVED by Councilperson Jackson, seconded by Councilperson Gamel, to approve the minutes of the,
June 13, 2017 meeting as presented.
Ayes - Gamel, Smith, Jackson, Clark, Scheffler.
Vouchers numbered 282 - 333 in the total amount of $56,823.96 were presented to the Board for their
review.
Vouchers for the General Fund in the amount of $25,280.55 were presented for audit.
MOVED by Councilperson Smith, seconded by Councilperson Jackson, to approve the General Bills for
payment.
Ayes - Gamel, Smith, Jackson, Clark, Scheffler.
Vouchers for the Highway Fund in the amount of $31,543.41 were presented for audit.
MOVED by Councilperson Clark, seconded by Councilperson Gamel, to approve the Highway Bills for
payment.
Ayes - Gamel, Smith, Jackson, Clark, Scheffler.
Monthly Reports:
Charles Rankin, Bookkeeper - Did not have monthly report for the Board's review due to getting the
bank statements late, but will get the report to them all later in the week. He requested budget transfers.
RESOLUTION #17-039 - 2017 BUDGET TRANSFER
MOVED by Councilperson Gamel, seconded by Councilperson Smith
RESOLVED, that the Town Board hereby approves the following 2017 Budget Transfer:
General Fund - Town Wide:
From: Revenue, Miscellaneous Bicentennial, A2771............ $1,500.00
To: Expenses, Celebrations, Bicentennial, A7550.4 ..................1,500.00
Ayes - Gamel, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
Town Board Minutes Page 2 July 11, 2017
RESOLUTION #17-040 - 2017 BUDGET TRANSFER
MOVED by Supervisor Scheffler, seconded by Councilperson Gamel
RESOLVED, that the Town Board hereby approves the following 2017 Budget Transfer:
General Fund - Town Wide:
From: Contingency, A1990.4 ...................$1,041.00
Justice Court, Contractual, A1110.4 ....... 1,000.00
To: Justice Court, Equipment, A1110.2 ........ 2,041.00
Ayes - Gamel, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
W. Rick Fritz, Code/Fire Enforcement Officer - Submitted monthly reports for the Board's review.
Projects are going rather slow because of the rainy weather. On the few days that the sun shines, there are
a lot of inspections for building permits, but on the rainy days it is pretty boring. Mr. Fritz will be starting
the Life Safety Inspections soon. He had a discussion with people from Social Services in Ithaca and
asked that they call him to do Life Safety Inspections in apartments before they place women and children
in Groton so that they can be sure that they are placing them in safe homes.
Richard C. Case, Jr., Highway Superintendent - Was not present.
April L. Scheffler, RMC, Town Clerk/Tax Collector - Submitted monthly reports for the Board's
review. She reported on the upcoming Bicentennial Community Picnic and gave each Board Member a
copy of the poster and other upcoming events.
Victoria Monty, Attorney for the Town - Had nothing to report.
John J. Norman and A. D. Dawson, Town Justices - A. D. Dawson was present to request that the
Board pass a resolution in support of their applying for a JCAP Grant which are available up to
$30,000.00. Some of the items they are thinking of applying for are various safety items for the court
room, new side doors, additional exterior lighting, and surveillance cameras. Also on the agenda was a
resolution for the Court Clerk to attend conference.
RESOLUTION #17-041 - SUPPORT JUSTICE COURT GRANT APPLICATION
MOVED by Supervisor Scheffler, seconded by Councilperson Smith
RESOLVED, that the Town Board hereby moves to support the Town of Groton Justice Court
application for a Justice Court Assistance Program (JCAP) Grant.
Ayes - Gamel, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
RESOLUTION #17-042 - COURT CLERK TO ATTEND CONFERENCE
MOVED by Supervisor Scheffler, seconded by Councilperson Gamel
RESOLVED, that the Town Board hereby approves the payment of expenses for the Court Clerk, Kathy
Barron, to attend the Court Clerks Conference, July 17 - 19, 2017 in Potsdam, NY.
Ayes - Gamel, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
Town Board Minutes Page 3 July 11, 2017
Councilperson Kelly Smith as Representative to Joint Youth Program - The Recreation Committee
did not meet this month. Summer programs are going well. Concerts are taking place on Fridays at the
American Legion.
Glenn Morey, County Legislator - Announced that the County Administrator, Joe Mareane, will be
retiring and that it will be a big loss for the County. Councilperson Clark asked when the paving would
be done on Champlin Road and Mr. Morey assured him that it would be done in August.
Chief Lance Coit, Groton Fire Department - Thanked the Board for the support they had given the fire
and ambulance service. He had a family member who needed emergency care recently and because of the
extra support that had been received from the Town and Village, he was grateful that his family member
received the best care possible. Preparations for the Junior Fire Fighters Camp are going well with about
70 kids signed up. He invited the Board Members to stop by and see what was going on at the Camp next
Thursday or Friday from 6 pm to 8 pm at Sykes Park. The Fire Department has received a DEC grant to
help replace attack lines on the engines and this will bring all their hose up to the present 2016 NFP
Standards.
Supervisor Scheffler - Said that the Firemen and EMTs deserved the thanks, not the Town Board.
Supervisor Scheffler - Gave the Board copies of the Draft Tompkins County Shared Service Plan that
had been prepared by Joe Mareane, County Administrator as a result of three months of meetings of the
Tompkins County Shared Service Panel. Since Tompkins County has been sharing services for many
years, coming up with new ideas as directed by the Governor, has not been an easy task. Councilperson
Gamel asked if there has been any ruling by the State as to whether the Health Insurance Consortium will
count and Supervisor Scheffler said they had not heard anything yet. One of the plans they did come up
with was to create a training school where officials could get training locally, for less money than
traveling to other parts of the state. TCCOG has been working on this idea in partnership with TC3.
Other ideas were a purchasing pool, IT services, and a countywide notification system. The draft will go
to the County Legislature for review next.
Supervisor Scheffler - Told the Board that there had been a meeting last Friday to monitor our CDBG
Grant, the files, bookkeeping, etc. The only problem that had been found was that we need to update our
Procurement Policy to include minority and women owned businesses. An updated version had been
emailed to the Board Members for their review.
RESOLUTION #17-43 - UPDATE PROCUREMENT POLICY
MOVED by Councilperson Gamel, seconded by Councilperson Smith
WHEREAS, the Town Board wishes to update their current Procurement Policy to include minority and
women owned businesses, now therefore, be it
RESOLVED, that the Town Board hereby adopts the following:
PROCUREMENT POLICY FOR THE TOWN OF GROTON
1. Determination of Competitive Bidding & Documentation. Every purchase to be made must be
initially reviewed to determine whether it is a purchase contract or a public works contract. Once the
determination is made, a good faith effort will be made to determine whether it is known or can
reasonably be expected that the aggregate amount to be spent on the item of supply or service is not
subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in
a year. The following items are not subject to competitive bidding pursuant to Section 103 of the General
Municipal Law: purchase contracts under $20,000 and public works contracts under $35,000; emergency
purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from
correctional institutions; purchases under State and County contracts; and surplus and secondhand
Town Board Minutes Page 4 July 11, 2017
purchases from another governmental entity. The decision that a purchase is not subject to competitive
bidding will be documented in writing by the individual making the purchase. This documentation may
include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision
was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a
memo from the purchaser detailing the circumstances which led to an emergency purchase, or any other
written documentation that is appropriate.
2. Procurement of Goods and service not subject to competitive bidding. All goods and services not
subject to competitive bidding will be secured by use of written requests for proposals, written quotations,
verbal quotations, or any other method that assures that goods will be purchased at the lowest price and that
favoritism will be avoided, except in the following circumstances: purchase contracts under $20,000 and
public works contracts under $35,000; goods purchased from agencies for the blind or severely handicapped
pursuant to Section 175-b of the State Finance Law; goods purchased from correctional institutions pursuant
to Section 186 of the Correction Law; purchases under State contracts pursuant to Section 104 of the
General Municipal Law; purchases under county contracts pursuant to Section 103 (3) of the General
Municipal Law; or purchases pursuant to subdivision 6 of this policy.
3. Minority and Women -Owned Business Enterprise (M/Vv'BE) Participation in Procurement and
Contracting. In an effort to affirmatively increase procurement and contracting opportunities for minority -
and women -owned businesses, the Town will solicit at least one Minority and/or Woman Business
Enterprises and encourage Section 3 business participation as part of its procurement process, when
appropriate. The above purchase/contracting thresholds will apply.
For purposes of the above, the M/WBE must be certified by Empire State Development (ESD) through the
Division of Minority and Women Business Development (DMVV-BD). The Town will keep documentation
of the M/WBE and/or Section 3 solicitation in its records and any response(s) thereto.
Since the State does not have a Section 3 business data base available, the Town will encourage Section 3
businesses to participate in bidding, where appropriate. It will be incumbent on the business to self -certify
its status as a Section 3 business.
4. Methods of Procurement. The following method of purchase will be used when required by this
policy in order to achieve the highest savings:
All purchases under $5,000 must have verbal approval from the Supervisor, or Town Clerk, or Highway
Superintendent of the Town of Groton.
Estimated Amount of Purchase Contract
$0 - $500
$501 - $1000
$1001 - $19,999
Estimated Amount of Public Works Contract
$0 - $1000
$1001 - $2500
$2501 - $3400
Method
Most responsible vendor
2 verbal quotes. Board approval
3 written/fax quotes or request for
proposals. Board approval.
Method
Most responsible vendor
2 verbal quotes. Board approval
3 written quotes or requests for
proposals. Board approval.
A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser
is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt
Town Board Minutes
Page S July 11, 2017
made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to the
procurement.
5. Documentation. Documentation is required of each action taken in connection with each
procurement. Documentation and an explanation are required whenever a contract is awarded to other than
the lowest responsible offer. This documentation will include an explanation of how the award will achieve
savings or how the offer or was not responsible. A determination that the offer or is not responsible shall be
made by the purchaser and may not be challenged under any circumstances.
6. Determination of Special Circumstances. Pursuant to General Municipal Law Section 104-b (2) (f),
The Town Board may, after a determination by a majority of the board that special circumstances exist,
decide that the solicitation of alternative proposals or quotations will not be in the best interest of the Town
when contracting for the following:
a. Professional services or services requiring special or technical skill, training or expertise.
The individual or company must be chosen based on accountability, reliability,
responsibility, skill, education and training, judgment, integrity, and moral worth. These
qualifications are not necessarily found in the individual or company that offers the lowest
price and the nature of these services are such that they do not readily lend themselves to
competitive procurement procedures.
In determining whether a service fits into this category the Town Board shall take into
consideration the following guidelines: (a) whether the services are subject to State
licensing or testing requirements; (b) whether substantial formal education or training is a
necessary prerequisite to the performance of the services; and (c) whether the services
require a personal relationship between the individual and municipal officials. Professional
or technical services shall include but not be limited to the following: services of an
attorney; services of a physician; technical services of an engineer engaged to prepare
plans, maps and estimates; securing insurance coverage and/or services of an insurance
broker; services of a certified public accountant; investment management services; printing
services involving extensive writing, editing or art work; management of municipally
owned property; and computer software or programming services for customized programs,
or services involved in substantial modification and customizing of pre-packaged software.
b. Emergency purchases pursuant to Section 103 (4) of the General Municipal Law. Due to
the nature of this exception, these goods or services must be purchased immediately and a
delay in order to seek alternate proposals may threaten the life, health, safety or welfare of
the residents. This section does not preclude alternate proposals if time permits.
C. Purchases of surplus and second-hand goods from any source. If alternate proposals are
required, the Town is precluded from purchasing surplus and second-hand goods at
auctions or through specific advertised sources where the best prices are usually obtained.
It is also difficult to try to compare prices of used goods and a lower price may indicate an
older product.
d. Goods or services under $5,000 and public works contracts under $10,000. The time and
documentation required to purchase through this policy may be more costly than the item
itself and would therefore not be in the best interests of the taxpayer. In addition, it is not
likely that such de minimis contracts would be awarded based on favoritism.
7. True Leases. The courts have held that "true lease" agreements are neither purchases nor contracts
for public work and, thus, are not subject to bidding under General Municipal Law, 103.
Documentation should include written quotes, cost -benefit analysis of leasing versus purchasing,
etc.
Town Board Minutes Page 6 July 11, 2017
8. Sole Sources. Competitive bidding is not required under section 103 of the General Municipal Law
in those limited situations when there is only one possible source from which to procure goods and
services required in the public interest such as in the case of certain patented goods or services or
public utility services (see, gen, 1986 Opns St Comp No. 86-25, p. 41). Thus, for example, if a
political subdivision, acting in good faith and without intent to arbitrarily inhibit or restrict
competition, determines that a particular patented item is required in the public interest and it is
further determined that such item is available only from one source so that no possibility of
competition exists, competitive bidding may not be required for the procurement of the item.
In making these determinations, the political subdivision should document, among other things, the
unique benefits of the patented item as compared to other items available in the marketplace; that no
other item provides substantially equivalent or similar benefits; and that, considering the benefits
received, the cost of the item is reasonable, when compared to conventional methods, In addition,
the political subdivision should document that, as a matter of fact, there is no possibility of
competition for the procurement of the goods.
9. Insurance. The courts have held that insurance coverage is not subject to formal competitive
bidding. The political subdivision would still have the option, however, of requiring formal bidding
in its policies and procedures. Documentation would include bid advertisements, specifications and
awarding resolution. Alternatively, written or verbal quotation forms could serve as documentation
if formal bidding is not required.
10. Annual Review. The Town Board will review this policy annually at its Organizational Meeting.
*Originally adopted September 1, 1992
*Amended January 11, 2000.
*Amended August 8, 2000
*Amended December 13, 2011
*Amended July 11, 2011
Ayes - Gamel, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
PUBLIC HEARING ON PROPOSED LOCAL LAW #3 FOR THE YEAR 2017
"MORATORIUM FOR THE ESTABLISHMENT OF COMMERCIAL ENERGY
FACILITIES IN THE TOWN OF GROTON FOR A PERIOD OF ONE HUNDRED EIGHTY
DAYS."
MOVED by Supervisor Scheffler, seconded by Councilperson Jackson, to open the Public Hearing at
8:00 pm.
Ayes - Gamel, Smith, Jackson, Clark, Scheffler
The Town Clerk read the Public Notice, which was duly printed in the Town's legal paper, the Groton
Independent, on July 5, 2017.
Supervisor Scheffler explained that the intention of the Board was not to over -regulate, but that our
Code is severely lacking in any kind of guidelines and the issue needs to be addressed. This will not
affect any solar installations for single family homes. Supervisor Scheffler then read the proposed local
law in its entirety and asked if anyone from the public wished to speak.
Joan Packard - Commended the Board and said that she thought this was a great idea. She has had
several out of state companies contact her inquiring about renting her land for a solar array and she agrees
that some kind of regulation is needed.
Town Board Minutes
Page 7 July 11, 2017
With no one else wishing to speak, Supervisor Scheffler MOVED to adjourn the Public Hearing,
seconded by Councilperson Gamel, at 8:10 pm
Ayes - Gamel, Smith, Jackson, Clark, Scheffler
Supervisor Scheffler asked the Board if there were any comments from the Board before they took
action. He said that one of his main concerns was the decommissioning of any large installations and
who would be responsible for that. Councilperson Smith asked how they would proceed once the
moratorium was passed and he replied that he wished to appoint a committee to review the issue and
prepare an amendment to the Code. He said he was also concerned about using prime farmland for large
solar projects. Councilperson Gamel said that he would like to volunteer to be part of the committee.
RESOLUTION #17-044 - ADOPT LOCAL LAW #3 FOR THE YEAR 2017
"MORATORIUM FOR THE ESTABLISHMENT OF COMMERCIAL ENERGY
FACILITIES IN THE TOWN OF GROTON FOR A PERIOD OF
ONE HUNDRED EIGHTY DAYS."
MOVED by Councilperson Clark, seconded by Councilperson Jackson
RESOLVED, that the Town Board hereby adopts Local Law #3 for the Year 2017 entitled
"MORATORIUM FOR THE ESTABLISHMENT OF COMMERCIAL ENERGY FACILITIES
IN THE TOWN OF GROTON FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS" as follows:
Section I. Title.
This Local Law shall be referred to as the "Moratorium for the Establishment of Commercial Energy
Facilities in the Town of Groton for a Period of One Hundred Eighty (180) Days."
Section 2. Purpose.
Pursuant to the statutory powers vested in the Town of Groton to regulate and control land -use, and to
protect the health, safety and welfare of its residents, the Town Board hereby declares a 180 day
moratorium on the establishment, placement, construction, enlargement and erection of commercial
energy facilities in the Town of Groton.
For the purpose of this local law, the term "commercial energy facility" shall mean electricity generated
from any energy source and is being produced for anything other than one single family home or one
agricultural use.
The Town of Groton presently has no regulations that govern commercial energy facilities. However, the
Town anticipates the receipt of applications for the construction of these facilities, particularly solar
arrays. Due to the rapidly evolving technology, the current push for "green energy", and the rural
location of the Town of Groton it is anticipated that the requests to construct solar arrays as well as other
types of commercial energy facilities will increase over time.
The Town Board desires to study and address the establishment, placement, construction, enlargement
and erection of solar arrays and other types of commercial energy in a comprehensive manner, taking into
account the present and proposed land -use development in the Town and to amend its present Land Use
and Development Code to adequately address these concerns and to regulate said use.
Section 3. Scope of Controls.
A. During the effective period of this local law:
Town Board Minutes
Page 8 July 11, 2017
1. The Town Board shall not grant any approvals for the establishment, placement, construction,
enlargement and the erection of a commercial energy facility by zone change or otherwise.
2. The Town Planning Board shall not grant any preliminary or final approval to a subdivision plat,
site plan, land use permit or any other approval which would result in the establishment,
placement, construction, enlargement or erection of a commercial energy facility.
3. The Town Zoning Board of Appeals shall not grant any variance for any use which would
result in the establishment, placement, construction, enlargement or erection of a commercial
energy facility
4. The Town Code Enforcement Officer will not issue any permit which would result in the
establishment, placement, construction, enlargement or erection of a commercial energy
facility.
B. The Town Board reserves the right to direct the Town Code Enforcement Officer to revoke or rescind
any Building Permits or Certificates of Occupancy issued in violation of this Local Law.
Section 4. No consideration of new applications.
No applications for construction affected by this Local Law or for approvals for site plan, subdivision,
variance or any other such permits shall be considered by any board or agency of the Town of Groton
while this Local Law is in effect.
Section 5. Term
This Local Law shall be in effect for a period of 180 days from its effective date.
Section 6. Penalties
Any person, firm or corporation that shall establish, place, construct, enlarge or erect any commercial
energy facility in violation of the provisions of this Local Law or shall otherwise violate any of the
provisions of this Local Law shall he subject to:
1. Such penalties as may otherwise be provided by law, rule or regulation of the Town of Groton
for violations; and
2. Injunctive relief in favor of the Town of Groton to cease any and all such actions which conflict
with this Local Law and, if necessary, to remove any construction which may have taken place
in violation of this Local Law.
Section 7. Validity
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of
this Local Law which can be given effect without such invalid provisions.
Section 8. Effective Date
This Local Law shall take effect immediately upon filing with the New York Secretary of State
Ayes - Gamel, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
Town Board Minutes Page 9 July 11, 2017
RESOLUTION #17-045 - AUTHORIZE SUPERVISOR TO APPOINT COMMITTEE
TO REVIEW THE ESTABLISHMENT OF COMMERCIAL ENERGY FACILITIES
IN THE TOWN OF GROTON
MOVED by Councilperson Clark, seconded by Supervisor Scheffler
RESOLVED, that the Town Board hereby authorizes the Supervisor, Don Scheffler, to appoint a
committee to review the establishment of commercial energy facilities in the Town of Groton and make a
recommendation to the Town Board for an amendment to the Town of Groton Land Use and
Development Code.
Ayes - Gamel, Smith, Jackson, Clark, Scheffler
Nays -
Resolution Passed
Supervisor Scheffler read a letter that had been received from Tompkins County Planning concerning
the moratorium and stating that they determined that it has no negative inter -community or county -wide
impacts, and referring the Board to their "Tools to Promote and Regulate the Deployment of Renewable
Energy Systems" document.
Privilege of the Floor: No one wished to speak.
Announcements:
➢ Planning Board, July 20th at 7:30 pm
➢ McLean Mystery/History Series, July 18th, 25th and August 1St at McLean Fire Station, 7:00
pm
➢ Groton Community Picnic, July 22nd, Noon - 4:30 pm at the Groton Rod & Gun Club
➢ National Night Out, August 1 St at the Groton Memorial Park, 5:3 0 pm - 8:3 0 pm
➢ Groton Bicentennial Mystery/History Series, August 8th at 7:00 pm, "History of the Groton
City Church" at the Groton City Church
➢ Next Board Meeting, August 8th at 7:30 pm
There being no further business, Councilperson Gamel moved to adjourn, seconded by Councilperson
Jackson, at 8:19 pm. Unanimous.
April L. Scheffler, RMC
Town Clerk