Loading...
HomeMy WebLinkAbout2011-09-13 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, , 2011 AT 7:30 PM THE TOWN HALL, 101 CONGER BOULEVARD Those present: Glenn E. Morey, Supervisor Ellard L. Sovocool, Councilman Donald F. Scheffler, Councilman Richard B. Gomel, Councilman Sheldon C. Clark, Councilman Fran Casullo, Attorney for the Town Also present: Carole Daugherty, Dyan Lombardi, Elizabeth Snyder, Howard Snyder, Joan Packard, Rena Caldwell, Dorothy Pomponio, Joel Rabinowitz, Dan Carey, Sharon Kahkonen, James Connor, Gregory Weiland, Marie M...?, Nicholas Babel, Mike Morris, Sue Bennett, Chris Norman, Marc Perosio, Carl Cote, Dewey Dawson, John Norman, Gary Coats, Richard C. Case, Jr., April Scheffler, several other members of the public who did not sign in. MOVED by Councilman Gomel, seconded by Councilman Sovocool, to approve the minutes of the August 9, 2011 meeting as presented. Ayes - Sovocool, Scheffler, Gomel, Clark, Morey. Claim Numbers 243-277of the General Fund in the amount of $54,542.57 were presented for audit. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gomel, Clark, Morey. Claim Numbers 133-147 of the Highway Fund in the amount of $18,429.45 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Gamel, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gomel, Clark, Morey. Monthly Reports: Elizabeth Brennan, Bookkeeper/Highway Clerk - Was not present but had submitted monthly reports for the Board's review and had requested a budget transfer. Town Board Minutes Page 2 September 13,2011 RESOLUTION #11-059 - 2011 BUDGET TRANSFERS MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2011 Budget Transfers: From: Contingency, A1990.4 $126.42 To: Supervisor, Contractual, A1220.4 51 .42 Municipal Association Dues, A1920.4 75.00 Gary Coats, Code/Fire Enforcement Officer - Submitted monthly reports for the Board's review. People are doing a lot and we have 20 -30 building permits just in the last couple of weeks. The barn on Champlin Road is now leveled. Next week I will be teaching a class about code enforcement at TC3 for Tyke Randall's class. Annual inspections are almost done. Richard C. Case, Jr., Highway Superintendent - The Town shop is busy with annual repairs. Highway crews have been cutting brush that hinders the view of roadways and roadway signs for school buses and other vehicles. They've been concentrated on Clark Street, Old Stage Road, Lick Street, Odgen Road and Elm Street. Presently, Cemetery Lane from Church Street to Stevens Road is undergoing drainage cleaning and the shoulders are being reconstructed in anticipation of paving if time allows. The boiler has been inspected and I've filed for the certification. As reported last month, Dale and I are researching a new mower and at this time we have not found anything that we feel can withstand the application that the Town would subject it to. April L. Scheffler, RMC, Town Clerk - Submitted monthly Town Clerk's report, Country Acres reports which also included a report from Ag & Markets on their inspection of Country Acres, and final report for expenses on the photo show. Francis Casullo, Attorney for the Town - Had nothing to report. John Norman & A. D. Dawson - Submitted monthly reports for the Board's review. Judge Norman reported that they had been busy. Councilman Donald Scheffler, as Recreation Coordinator - Had nothing to report other than the summer concerts went well and they are starting to work on fall programs. Privilege of the Floor: Dyan Lombardi - I am here to speak to you on behalf of the Groton Resource Awareness Coalition. We are a group of Groton residents who have gathered to address our concerns about industrial gas drilling that may be coming to the Town of Groton. We are here to inform you that our purpose is to raise public awareness of issues related to gas drilling, including land leasing and the methods and risks involved with hydrofracking. We believe that all of our neighbors, whether their land is leased or not, Town Board Minutes Page 3 September 13,2011 value clean drinking water, clean air, and the recreational opportunities and quality of life in our township. We are working to educate ourselves and pass information along to our neighbors. We wish to work closely with you, our town board representatives, to explore and plan ordinances that may protect our tax-supported infrastructure and our rights to clean water, clean air, and the quiet enjoyment of our homes and property. We are concerned because accidents and contamination in areas of the US where unconventional drilling has been ongoing alert us to the threats we may face here. Accidents cause injury to people, livestock, plants, and wildlife. Contaminated drinking water and pollution of the land and air in the vicinity of gas wells are disrupting the lives of people from Dish, TX to Dimmock, PA - people just like ourselves. Property values decline in gas drilling areas. Trucks weighing up to one hundred tons travel on rural roads, making thousands of trips per well site. Noise from generator engines, drills, and compressors fills the air 24/7. We do not want to live in an industrial zone, but that choice may not be ours to make unless we work toward a healthy future for Groton. We will be going door-to-door to ask Groton residents to sign our petition to ban slick water hydrofracking in the town of Groton. Only a very small percentage of the population (6% in Tompkins County as a whole) has leased land to drilling companies, whereas we all risk having our water contaminated, our land and air polluted, and our lives disrupted. Therefore, we anticipate the majority of those who are asked will actually sign the petition. We will keep you updated on the results of the petition drive so that you can faithfully and honestly represent the viewpoints of the majority of your constituency. As a first request, we would like to ask you to invite the Tompkins County Task Force on Drilling to present their informative power point presentation, entitled, "Looking down from above," in Groton. This group utilizes GIS mapping tools to develop materials that help municipal officials make informed decisions about gas drilling. Because they are a government-sponsored organization, they need an invitation from you to come to Groton to give their presentation. Many other townships in Tompkins County have given their residents the opportunity to view this presentation, and we would like to give Groton residents the same opportunity. We would urge you to extend an invitation to them to come to Groton. With your approval, our group can take care of the details of scheduling this event. Can we have your permission to extend an invitation to the Tompkins County Task Force on Drilling? We would like to thank you for your time. We look forward to working with you in the coming months. Supervisor Morey - I'd be more than happy to do it. Let me know what you want me to do. Dan Carey - I am here to urge the Board to not put a ban on hydraulic fracking in the Township. I feel there are other ways we can address this situation rather than put the taxpayers in peril to fight a lawsuit, which I think would probably happen. I'd rather see some type of provision arrived at to maintain the integrity of the highways in the Town. Rick Case has done a splendid job since he's been Superintendent. We've got some really good roads in Groton and I depend on those roads every day for my business. I think that basically I represent the viewpoint of most of the landowners in Groton. We Town Board Minutes Page 4 September 13,2011 recognize this gas drilling business is a dangerous business. It's dangerous and there's going to be accidents. There's no guarantees in this life. I could walk out of here and get hit by a car. So, I think you have to proceed...the DEC in this State is probably one of the toughest DECs in the country, at least they have been for agriculture. I think they're going to do a great job. They're going slow, taking a step at a time, to work through their findings and arrive at a document that will work for everybody. I think they're going to be diligent on how they approach the monitoring and drilling of the wells. I'd rather see the highways somehow addressed, some kind of bond being floated for a gas drilling company, or actually go out and inspect the roads and arrive at some kind of decision with the drilling company as to the integrity of that highway and it's got to be put back in that same condition when they leave, when they're through with the fracking process. George Frantz, appeared before the Tompkins County Farmland Protection Board about a month ago and gave a very positive view. He'd been in Pennsylvania; he'd been in Bradford County; he toured several drilling sites down there for the County. He gave a very positive presentation to the Tompkins County Farmland Protection Board. I think we just have to proceed slowly in this Supervisor Morey - Was he in favor of fracking? Mr. Carey - I don't know for a fact. Councilman Game! - But the presentation was positive? Maybe we could have him on the same night,just to show the pros and cons. Mr. Carey - I don't know if he'd want to do that or not, but the presentation was positive. Mick Niezgoda - I'm not a Town resident. I'm from the Town of Summerhill. I was talking with a guy who said he was a member of the Scott Town Board. He said he went downtown to run some errands and bumped into the Supervisor of the Town of Spafford. The Supervisor of Spafford asked him when did Scott pass their law on hydrofracking or moratorium or whatever. He said what are you talking about? We never had one; we never passed one. The Supervisor said, well, there was a bunch of people last night at the Board meeting and they said that you guys had already passed one and we're the lone holdouts. These people, and I'm sure you've heard the term before, tree-huggers, are well financed, they can be disruptive and I don't put much faith in anything they say. If you look at the radio station in Ithaca, it's not very objective, it's pretty much 99% against hydrofracking. There are a couple of lawsuits, at least one, possibly two, that have been started. They're suing two towns for this moratorium that they've passed. I think it would be wise for every town that's left, now that this has started, to shelve any moratoriums until you see how the lawsuits come out, because irregardless of what people think this is not going to be a good old boy local attorney issue. You're going to have to come in with some high powered legal people. It could cost you a 100 grand. I'm serious. Suit Kote has never had such a good year as it has this year. What you hear about them ruining the roads, they're actually coming in and if the road doesn't suit them, they are going to the town government, such as yourselves, and they will ask permission to build a new road at their expense. If they ruin the road, they will come in and fix it and do the right job, four times better than what the town can afford to do it. It's not a question of ruining infrastructure and if you don't believe me, go ask Frank Suits. I'm just asking you to shelve this until you see what's coming up with these lawsuits because you cannot, no town can afford to shell out Town Board Minutes Page 5 September 13,2011 that kind of money just to prevent or have a moratorium in place when it's going to loose in the courts. Just wait, sit back, and look at what's going to come. Mike Morris - I just wanted to ask, have you discussed this hydrofracking issue, zoning, etc.? Basically, is there anything available in public minutes of deliberations that you've had? Where do you all stand right now, if you feel like saying that? Supervisor Morey - Neutral. We have not discussed this one bit. We've been following where Yates County and Cortlandville have very good road laws now. Also, we haven't really talked about fracking. Last month was the first time someone has brought to our attention that they are against it. Attorney Casullo - I think Glenn is right. I think last month was the first time that the subject has been brought up to the Town. I don't think that the Town Board has had much more than maybe a two to five minute discussion on it and then in a more general nature as to how to get more educated on it. Sue Bennett - If I remember the minutes correctly, and I can go back through many of them because I attended a lot of meetings, that I know Rick for certain has said that he is for fracking. Supervisor Morey - Rick Gamel? Sue Bennett - Yes, and it's on public record. I just wanted to clarify that for the rest of the people here. I think he said something similar, this isn't a quote, similar to, it's inevitable and that we might as well benefit from it, something similar to that. I think it's also true that three of you also have contracts. Is that not correct? Supervisor Morey - I don't know if it's true. Councilman Gamel - I can't speak for anyone else, but I do. Sue Bennett - Well, it's my understanding. I don't know if it's accurate but that's my understanding that three Board Members do and I just wondered how that worked then when someone's coming to the Town Board and three people might have a vested interest. How would that work? Supervisor Morey - I don't know, we'd have to talk to Fran about that. Attorney Casullo - It's the first I've heard about it. Sue Bennett- All right. I just wanted to bring that up. Erin Babcock - I just want to go on record saying that I am against it. I have a small child and we have a creek and my understanding is that if something does go wrong with the hydrofracking process that it can really pollute the ground water. Again, I have a small child and I am just very, very much against it. Sharon Kahkonen - I am a tree hugger, I guess, and I can assure you that we get no funding from any source whatsoever. We are all volunteers. Our coalition is just concerned citizens and we get no funding. I don't know where that rumor came from. Town Board Minutes Page 6 September 13,2011 I also wanted to let you know that you do not have to be worried about a lawsuit. There is a couple lawyers, the Slottje's, and they have been helping other town boards in this area to put a band in place and they do all of this work pro bono. They're not getting funded by anyone except that they have a website and you can donate to them, but they are basically volunteers. They would be willing to come and speak to you about the legal issues, at your invitation. Bob Eckert - Have they already started hydrofracking here in the United States, does anyone know? Several people in the audience started talking at once and Supervisor Morey asked Mr. Eckert to address the Board instead of the audience. Mr. Eckert - If they are having problems with it and stuff like that why can't they do it in areas where there's nobody around? Let them have that kind of area first, before they come into a community and decide to hydrofrack and then mess up our water. I don't plan on moving anytime soon and I really don't want to. Another thing, the festival thing, Gary, a friend of mine, brought up a really good point to me the other day. I played down here at the Groton Olde Home Days and we could play until 10:30, on the sidewalk on Main Street. I'm out in the middle of nowhere up here on Pleasant Valley Road and we can only go until 10:00. And these guys can do it for three nights in a row down here and I'm limited to one night. I thought the Town and Village restrictions, I thought the Village had a little more restrictions than the Town, being out in the middle of nowhere. I just never put that together until Gary brought that up to me the other night. It's kind of weird. That's all I've got to say. Supervisor Morey - One thing about the Village, they have a lot more stricter noise ordinance than we do, number one. Number two, the Village Board votes every year for the festival days to make exceptions to the rules. So, what you see on that one night or two nights of festival days is not the full story of what you get all year round. They have other restrictions that are tighter than ours. Mr. Eckert - They don't get it all year round? Supervisor Morey - No, the Village Board votes to lessen the rules just for those two days. They have to specifically vote for that. Mr. Eckert - All right. And that's on an every year thing? Supervisor Morey - Yes. Mr. Eckert - All right. I thought it was just kind of weird that's all. Gary Coats - Bob, could you clarify the last name of this Gary, who brought this to your attention? Mr. Eckert - Gary the Tourist, Gary Miller, from Florida. He comes up every year and hangs out and helps me get the festival ready. Mike Morris - Is there a decibel noise level restriction in the Town of Groton? Is there somewhere where we can go online and read what that is? Town Board Minutes Page 7 September 13,2011 Supervisor Morey - There is no noise restriction. Dorothy Pomponio - I just want to report to you a slightly different aspect of a problem with hydrofracking and that is the smog and ozone that is created by diesel trucks, compressors, corporate trucks and water trucks running 24/7 when they start drilling. There is a high level of diesel fuel burned which contains nitrous oxide and volatile organic compounds. It goes up into the air in the presence of sunlight and produces ground level ozone. I'm reporting to you what Dr. Theo Colburn, who is a public health expert out in Colorado, and they've had hydrofracking out there long enough, she's done studies for the DDD with her on it. She goes into all aspects of this. The stationary and mobile equipment required to produce and deliver natural gas creates urban-like smog that is rich in ozone. At ground level the ozone creates a serious threat to all animals, humans and vegetation. She says one molecule of ozone can burn a hole in the deep alveolar tissue of your lungs. It is well documented that daily exposure to ozone leads to early aging of the lungs. They become brittle and dry out. They cannot be repaired from this kind of damage. Every exposure incident builds upon the damage that is already there. Chronic ozone exposure causes asthma, COPD, and other lung disorders. Children are especially vulnerable because the lungs grow and enlarge until age 18. As the children mature in the presence of ozone, their alveolar production is reduced. They end up with brittle lungs like those of an 80-year old. I know you've all read a lot about hydrofracking lately. Do you know that the schools here in Groton have a gas lease? Now, that opens the possibility that this kind of drilling could happen on school ground. And I would like to know if you want the children of Groton to possibly be exposed to these ozone levels. Supervisor Morey - Thank you, Dorothy. I'd like to make a point that the Town of Groton does not have any leased land. Marc Perosio - I'm co-chair of the Summerhill Coalition for the Proper Natural Gas Development. I want to bring to the Town some pertinent information about local bans. There have been a number of local bans enacted throughout New York State; quite a bit in Tompkins County; quite a bit over by Cooperstown, etc, etc. There is some bans in place. I went to a meeting three weeks ago in Binghamton put on by Dryden's Safe Energy Coalition and the speaker was Michael Joy who is a corporate lawyer, one of the lawyers who is going to go after these local bans. At that time, he did not know, but he knew at the end of the day, Middlefield, over in Otsego County, Village of Cooperstown area, they have, quote, what is called a bullet proof natural gas fracking ban. They think they can stop it. Scott Brikowski, who is one of the lawyers who is perfecting gas leases throughout the State, he has taken it upon himself to take on Middlefield. The fact of the matter is this: if the ban is there, there is law in place in New York right now that if it is challenged it will probably, 85% chance, be knocked down. It's going to cost between $100,000 and $150,000 to do this. If the village or township wants to fight it, they're going to have to put up that kind of money also to keep the ban from being enforced. It's a matter of time and money. The laws that I have read and the speech that I heard, there's laws already there. These bans are really not legal but they are legal if they're not challenged. So, that's the kind of thing that we are probably looking at. The reality of this gas drilling is, in the southern tier, Broome County, Chemung County, Tioga County, is where the gas is. The drilling is going to start there once this process goes forward. There are no bans even being proposed down there. They are welcoming it with open arms. I have taken a ride through Pennsylvania. I have seen what the reality of Pennsylvania is and in all honesty now that everybody has Town Board Minutes Page 8 September 13,2011 learned everything, these drilling companies are going in and paving the roads first, bringing them up to code that will handle tractor trailers, etc, etc. They are fencing off the drill sights. I don't see any negativity. A friend of mine has three gas wells in a mile and a quarter of a farm and I don't see any negativity at all. And the fact about ozone, our electricity comes from coal. Once and if this natural gas is perfected and there's enough of it here, there should be enough to convert all the coal plants to natural gas which reduces the carbon footprint and the ozone and everything else between 50 and 75%. So, I think if you're really going to look at the pollution and the truck traffic and everything else, you've really got to look at it as a holistic picture and realize that the truck traffic is not going to be something that significant for that long. We are hoping in our coalition that they can get the gas fracking put together, which uses propane; does not use any water at all; only uses 5% of the volume down the hole; and it solves a lot of the environmental and the truck traffic problems. My thoughts are: New York State is broke; this could be a potential to lower taxes as we move forward; and I think it would be foolish for Groton to put a ban on at this time. Joan Packard - We were approached in 2007. They came back again and again and we refused to sign. But basically, at that time I thought it was a terrible business deal. I thought it was terrible what they were offering us for our mineral rights on our property. It was just ridiculous. I did a lot of research on it and listened to Chris Stanton who is a lawyer who has a specialty in natural gas. I listened to presentations by him and I was terribly impressed by his take on it, just on the economics of it. I thought it was just totally nonsense, totally ridiculous, so we refused to sign. At that time my decision was based on just economics. I thought that they were going to drill just straight down. I had no idea what hydrofracking was. I didn't know anything about Marcellus Shale. As far as I could tell they were just talking about Trenton Black. So, in retrospect, as I look back, those landsmen were going around, trying to get these people to sign leases at ridiculously low prices, keeping very quiet about Marcellus Shale and hydrofracking and the possible environmental impacts. I just thank God that I didn't but I felt that they were so deceitful, it just staggered me so I just wanted to bring that perspective to the Board. Mike Morris - We sort of all agreed we wouldn't go overboard tonight and drown you with the information that we have actually. Maybe we need a town meeting where people who are pro and people who are against present information and you all could let us know what kind of things you take into consideration when you're deliberating on zoning or road use. Even if there isn't a ban put in place how do we recoup, how to make sure that we're not getting stuck with the cost of this because some people are going to benefit greatly and many of us are going to suffer the repercussion of this. That's the bottom line. You guys are here to serve the whole Town, I understand that, but it somehow needs to be equitable so that we're not all footing the bill for people that are.... Supervisor Morey - I thought that was what we were going to try do, get the TC task force in here and George Frantz to speak to us through a public meeting. That's the first step we're going to do. I'll tell you one thing, I'm not going to get sued for something because we can't afford it. So, we're going to be educated on all the subjects before we move forward. Mr. Morris - Don't you think you could get sued either way? It's a red herring. They're kind of blackmailing you saying look you better not ban it or you're going to get sued. Town Board Minutes Page 9 September 13,2011 The other side can say look you better ban it or you're going to get sued. It's a hypothetical. Supervisor Morey - Well, there are steps that we can take before we do something. First of all we'd like to pass this Land Use and Development Code today. It's taken five years to get through. I don't think we're going to be forced to do something in the next couple weeks or the next couple months that we haven't studied thoroughly. The Land Use Code has gone through a process through committee, the Planning Board, the ZBA, the Town Board, and the public and it's taken five years to do that. So, we're very thorough when we do something. We're not going to make any mistakes and we're not going to go forward just because someone is trying to pressure us into doing something. Dyan Lombardi - I was going to say something (not using microphone)... but we need to be educated and we need to know all sides of it Mick Niezgoda - I have advised my own Town Board about this. You should have laws in place to CYA the Town just in case. But so far the leasing companies have been very, very good about this, they've been paying the bills. But just to make sure, you should pass some kind law, in your zoning law or something like that. And you have to get your Highway Superintendent involved in this because only he knows what kind of trucks can go on what kind of roads and what he needs for a road. You have to work with your Highway Superintendent. Another thing that one of the women said about the Town of Groton leasing land, I just wanted to tell her, the State of New York has leased out Route 13 from the Pennsylvania border till God only knows where the heck it goes for $9,783 an acre and all they want it for is tunneling underneath. They're not going to have a drilling rig in the middle of Route 13. It's already leased out. Marc Perosio - I personally think that the court case being brought up in Middlefield is an extremely important one to watch. If Middlefield actually prevails, then if Groton, Dryden, whoever puts in ban, they've got good legal precedents to stand on. They could pull that and say, there's one perfected in Middlefield, this is what we can work with. If it gets knocked down, and it is widely regarded around New York State as being the most bullet proof one there, if that one gets knocked down I'm going to say it's going to be rather difficult to defend one (not using microphone) I don't think any of these towns, especially now in the economic environment that we're in, is going to want to put up that kind of money to defend or go forward with a ban if it's not going to reap any benefits that they want. Realistically, drilling here in Groton is probably going to be five years away because I'm sure they're going to develop in the Southern Tier a lot quicker than they're going to do it here. Supervisor Morey - Okay, if no one else wants to come to the microphone, I thank you very much. We are going to learn a lot about this over the next couple of months. Now we have a discussion on SEQR. Attorney Casullo - What this is about is that you initially did a SEQR for the Code and you resolved a negative declaration saying there was no adverse environmental impact. What had happened, just before you were ready to pass the Code, sometime in the early summer, some changes needed to be made to the Code. If you look towards the bottom of the page it says Section 368 of the proposed Code was amended to be more consistent with applicable State law. I think earlier this year New York made some Town Board Minutes Page 10 September 13,2011 changes to outdoor stove laws, so the Town became more consistent with State law. Section 378 of the Code pertains to fireworks and again, that pretty much mirrors the State law. Lastly, Section 361 of the proposed Codes was on signs and you just put some additional controls on signs trying to stay within lawful and constitutional standards. So, really those were the only changes made to the Code itself but we have to do an amended declaration. But really there hasn't been any significant changes to the Code from an environmental standpoint. RESOLUTION #11-060 - MAKE AMENDED NEGATIVE DECLARATION MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, on April 12, 2011, the Town Board of the Town of Groton made a Negative Declaration for SEQR purposes in regard to the adoption of Proposed Local Law #1 for the Year 2011 entitled the Town of Groton Land Use and Development Code of 2011, and WHEREAS, additional edits were made to the Code, specifically to Section 368, Outdoor Wood Boilers, Section 378, Fireworks, and Section 361, Signs and WHEREAS, the Town Board has determined that these edits do not represent any environmental impact and therefore the adoption of said Local Law will not result in any large or important impacts and consequently will not have a significant impact on the environment, now therefore be it RESOLVED, that the Town Board hereby makes an Amended Negative Declaration for the purposes of SEQR. RESOLUTION #11-061 - TAKING ACTION CONTRARY TO FORMAL RECOMMENDATIONS OF THE TOMPKINS COUNTY DEPARTMENT OF PLANNING MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, Proposed Local Law #1 for the Year 2011 entitled the Town of Groton Land Use and Development Code has been referred to the Tompkins County Department of Planning pursuant to §239 (I) and (m) of the New York State General Municipal Law, and WHEREAS, the Tompkins County Department of Planning has made the following formal recommendations for modifications to the Code: 1. The Code should specifically address buffer areas along perennial and intermittent streams. Both the Joint Comprehensive Plan for the Village & Town Town Board Minutes Page 11 September 13,2011 of Groton (2005) and the Tompkins County Comprehensive Plan (2004) call for the adoption of policies and regulations to better protect stream corridors. We recommend that code require a minimum setback of a minimum 100' from the top of stream bank for all perennial streams, as categorized by the United States Geological Survey. Within that setback the first 50' should be maintained as a natural, vegetated buffer. A buffer width of a minimum 50' from the top of stream bank should be required for all intermittent streams." 2. The Tompkins County Multi-Jurisdictional All-Hazard Mitigation Plan, of which the Town of Groton is an involved municipality, identifies a mitigation action item to "Whenever practicable, use zoning and other growth management techniques to channel intensive development to areas outside of floodplains." To assist in reducing the risks associated with flooding it is recommended that the Code prohibit all building development in the identified Flood Hazard Areas." 3. "Some of the land uses allowed in the Rural Agriculture (RA) district run counter to the Joint Comprehensive Plan for the Village & Town of Groton (2005) action item to "Establish zoning and other growth management tools that promote development of the existing village, the hamlets and their immediate environs for future residential, commercial and industrial land uses." Also, large portion of the Town of Groton is in an area designated as an Agricultural Resource Focus Area in the Tompkins County Comprehensive Plan. Allowing the wide variety of uses including banks, hospitals, hotels/motels, light industry, retail sales and services, multi-family and high density housing, schools, and large events in the RA district may harm the long-term viability of farming in Groton. The list of allowed uses should be reduced to those that would be supportive of or that could coexist with agriculture and that would not create pressure to convert farmland to non-agricultural use," and WHEREAS, with respect to Recommendation #1, the Town Board of the Town of Groton has determined that the stream buffer issue is being addressed by many other agencies, including NYS DEC, Soil and Water, FEMA, and Tompkins County. Adding this to a local Code would add additional layers of government bureaucracy that are not necessary. Furthermore, the Town Board is concerned that this type of legislation could possibly devastate farming operations due to loss of productive land and increased costs associated with additional fencing for livestock. Additionally, there is no evidence to assure the Town Board that County Planning's recommendation does not run counter to New York State Agriculture and Markets Law with respect to farming operations, and WHEREAS, with respect to Recommendation #2, The Town of Groton has a local law concerning flood hazards which was passed pursuant to FEMA requirements. FEMA approval of this law included the following comment: "By providing for sensible controls over future development in the flood hazard areas, your local law should prove an effective instrument in minimizing danger to life and damage to property. We believe that it will contribute significantly to your community's promotion of the safety and economic well-being of its residents." The Town Board has determined that this comment is still relevant and that the Town has effective controls in place. While the Board agrees that intensive development should not take place in Flood Hazard Areas, there has not been any intensive development nor is there any reason to anticipate a sudden increase of development in these areas of the Town. FEMA does Town Board Minutes Page 12 September 13,2011 not prohibit all building development within Flood Hazard Areas, only in designated Floodways of which none have been identified for the Town of Groton. To initiate a review of flood maps and laws on a local level would require an enormous expenditure of funds that would be an imprudent use of taxpayers' money. While it is recognized that Groton's local law may be somewhat outdated, it remains the law that FEMA requested municipalities to put in place and the Town Board will not jeopardize the Flood Insurance Program for our community by editing this law unless it is at the request of or done under the guidance of FEMA, and WHEREAS, with respect to Recommendation #3, the Town Board has determined that the businesses that have traditionally located within the Town of Groton are both desirable and necessary for a strong economy and must be maintained and continue to be allowed especially in this time of economic hardship. The Town Board has further determined that a variety of land uses have traditionally coexisted with agriculture in the Town of Groton and that it is desirable to continue to allow mixed uses that are beneficial to both agriculture and businesses and fair to all citizens in the Town. Businesses must be allowed to locate in the Town as there are very few places left in the Village of Groton to locate a business, there is very little available parking, and the cost of buying a location in the Village would be prohibitive compared to locating in an existing building on one's own property. A Highway/Commercial Zone has been created adjacent to the Village of Groton industrial park. While nothing is currently planned for the development of property within this zone, it exists as is an invitation to a business as a possible place to locate. Not having zones such as this would send a clear message to businesses that they are not wanted in Groton, a message the Town Board does not wish to send. Additionally, the Town Board has eliminated car washes and similar automobile care establishments, community centers, funeral homes, libraries, museums, schools, nursery schools, and institutions of higher learning from the Rural Agricultural District. NOW THEREFORE, BE IT RESOLVED, that after careful consideration of the formal recommendations made by the Tompkins County Department of Planning, and for the reasons listed in this resolution, the Town Board of the Town of Groton hereby determines that these recommendations are not be in the best interest of the Town of Groton, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Groton respectfully declines the formal recommendations presented by the Tompkins County Department of Planning and hereby resolves that they will not be included in the proposed Town of Groton Land Use and Development Code. Town Board Minutes Page 13 September 13,2011 RESOLUTION #11-062 -ADOPTION OF LOCAL LAW#1 OF 2011 ENTITLED THE TOWN OF GROTON LAND USE & DEVELOPMENT CODE OF 2011 MOVED by Supervisor Morey, seconded by Councilman Sovocool ROLL CALL VOTE: Ellard L. Sovocool Aye Total: 5 Yes Donald F. Scheffler Aye Richard B. Gamel Aye 0 No Sheldon C. Clark Aye Glenn E. Morey ..Aye RESOLVED, that the Town Board hereby passes Local Law #1 of the Year 2011 entitled the Town of Groton Land Use and Development Code of 2011, and be it further RESOLVED, that to the extent that any provisions of this Local Law are inconsistent with New York State Town Law, Chapter 62 of the Consolidated Laws, Article 16, Sections 261 through 268, 274-a and 281, the Town Board of the Town of Groton hereby declares its intent to supersede those Sections of New York State Town Law, pursuant to its home rule powers under Municipal Home Rule Law, Article 2, Section 10, and be it further RESOLVED, that upon the effective date of this Code, it shall repeal and supersede, the Town of Groton Land Use and Development Code and Zoning Map of 1995 and all amendments thereto; any other previous or existing Town of Groton Land Use and Development Codes and all amendments thereto; the Town of Groton Land Subdivision Regulations of 1970; the Town of Groton Junk Yard Ordinance of 1970; The Town of Groton Zoning Ordinance of 1972; Town of Groton Mobile Home Ordinance of 1988; the Town of Groton Swimming Pool Ordinance of 1972; and the Unsafe Building Law of 1978. RESOLUTION #11-063 - ADOPT ZONING FEE SCHEDULE MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby adopts the following Zoning Fee Schedule pursuant to Section 406 of the Town of Groton Land Use and Development Code of 2011: Town of Groton Zoning Fee Schedule Building Permit: $0- $4,000 $25 Building Permit: More than $4,000 $25 + $3 per $1 ,000 over $4,000 Building Permit Renewal Y2 Original Fee & approval of CEO Agricultural Buildings $25 Non-Structural Roof Replacement No Charge Town Board Minutes Page 14 September 13,2011 Swimming Pool, Above Ground $25 (includes original fence if needed) Swimming Pool, In Ground $50 (includes original fence) Solid Fuel Burning Appliance $25 Shed $25 Deck $25 Fence Eft or higher/Replace pool fence $25 Residential Green Energy $25 Disability Ramp No Charge Cellular Tower $2.50 per $1 ,000 of Construction Cost Demolition Permit $25 Sign Permit $10 Operating Permit $25 Operating Permit- Public Assembly>100 People No Charge Outdoor Fireworks/Indoor Pyrotechnics Permit $25 Manufacturers' Pyrotechnics Testing Permit $25 Annually Junk Yard Annual Inspection $25 Annually Subdivision - Minor $30 + $20 per lot Subdivision - Major Level One $50 + $20 per lot Subdivision Major Level Two Preliminary Review-$100+ $20 per lot Final Review-$100+ $20 per lot Boundary Line Change $25 Cluster Development Preliminary Review-$100+ $20 per lot Final Review-$100+ $20 per lot Planned Unit Development Town Board Review $200 Site Plan Review by Planning Board -$200 < 2000 sq. ft. $100 Site Plan Review (Land Use Permit) > 2000 sq. ft. $200 Site Plan Review for Echo Housing No Charge Special Permit - Cemetery $200 Special Permit - High Density Housing $500 Special Permit - Mining $500 Special Permit - Manufactured Home Park $500 Special Permit - Sexually Oriented Businesses $750 Mass Gathering Permit $750 Application for Variance or Interpretation $50 Town Board Minutes Page 15 September 13,2011 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. d) 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. No permit/certificate will be issued until all fees, costs, and/or expenses are paid in full and be it further RESOLVED, that the Town Board, at its discretion, may reduce, waive, or refund any Zoning Fee by resolution of the Town Board and be it further RESOLVED, that said Zoning Fees shall take effect on the date that the Town of Groton Land Use and Development Code of 2011 is filed with the Secretary of State. RESOLUTION #11-064 - SUPPORT OF TOMPKINS COUNTY BROADBAND MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby endorses the efforts of the Tompkins County Broadband Committee to secure a grant from the Community Foundation. Said monies would go a long way toward helping this committee's efforts to achieve its ultimate goal of affordable and effective high speed internet access for those of us in rural communities. RESOLUTION #11-065 - RENEW CONTRACTS WITH HESS CORPORATION MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the 2012 contract with Hess Corporation for their natural gas supply and be it further RESOLVED, that the Town Board hereby authorizes Glenn Morey, Town Supervisor, to sign said contracts. Town Board Minutes Page 16 September 13,2011 RESOLUTION #11-066 - APPOINT PART TIME BOOKKEEPER MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby appoints Charles Rankin as Part Time Bookkeeper. RESOLUTION #11-067 - SET SALARY FOR PART TIME BOOKKEEPER MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves a salary of $25,000 per year for the Part Time Bookkeeper effective September 28, 2011 . 2012 Budget Workshop Schedule: Wednesday, September 14 at 5:00 pm - Highway Thursday, September 15 at 4:00 pm - Highway Employees; at 4:45 pm - Town Clerk Monday, September 19 at 4:00 pm - Court Monday, September 26 at 7:00 pm Wednesday, September 28 at 7:00 pm Announcements: ➢ Planning Board Meeting, September 21 at 7:30 pm ➢ Zoning Board of Appeals, September 28 at 7:00 pm > Groton Business Association, September 21 at 6:00 pm - Jim Seward speaker There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:38 PM. Unanimous. April L. Scheffler, RMC Town Clerk