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HomeMy WebLinkAbout2012-04-10 TOWN OF GROTON -MINUTES OF TOWN BOARD MEETING TUESDAY, APRIL 10, 2012 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. Gamel, Councilman Sheldon C. Clark, Councilman Fran Casullo, Attorney for the Town Also present: Jennifer Schwade, Mia Boynton, Jean Morey, Linda Mizer, Dan Mizer, Dyan Lombardi, Elizabeth Snyder, Marie McRae, Michael Goldstein, Fred Gros, Marc Perosio, Carole Daugherty, David Kalb, Joan Packard, Lisa Trust, Mike Morris, Gregory Weiland, David Hewitt, Susan Cerretani, Dan Cerretani, Rena Caldwell, Alic Cody, Frank Heine, Ed Neuhauser, Peg Coleman, Dick Dale, Andy Drispell, JoAnne Cipolla-Dennis, Scott Hughes, David Kauber, Cris McConkey, Maryfaith Miller, Gabriel Decker-Lee, Willa Decker-Lee, Dan Carey, Paul Speight, Fran Speight, Pat Speight, Elijah speight, Julian speight, Gaice Speight, Kelly Smith, Danny Klimeszewsci, Dorothey Pomponio, Jacalyn Spoon, David Hakes, Athena Kalandros, Charles Rankin, Jr., April Scheffler. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the minutes of the March 13, 2012 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 87-112 of the General Fund in the amount of $22,958.19 were presented for audit. MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 39-54 of the Highway Fund in the amount of $100,255.01 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Sovocool, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Town Board Minutes Page 2 April 10,2012 Monthly Reports: Charles Rankin, Bookkeeper - Presented monthly reports for the Board's review and asked for a budget transfer. RESOLUTION #12-029 - 2012 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2012 Budget Transfer: Highway Fund - Town Wide: From: Appropriated Reserves, DA51 1 $89,285.00 To: Equipment, DA5130.2 89,285.00 Gary Coats, Code Enforcement Officer - Was not present but had submitted monthly reports for the Board's review. 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. Would make final return of taxes to Tompkins County on Thursday. Notice had been received from Charles and Nancy Peacock, owners of the Elm Tree Inn, that they intended to renew their liquor license. Consensus of the Board was that they had no objection to the renewal of the liquor license for the Elm Tree Inn. Francis Casullo, Attorney for the Town - Said that by his calculations, April 21st would be the deadline for a petition to be filed against the sale of land to Julie Mackie and if none was filed they would proceed with the sale. Councilman Donald Scheffler, as Representative to Joint Recreation Committee - Jennifer Jones has been hired as Recreation Coordinator who started April 1st Privilege of the Floor: Dyan Lombardi - Said that she and her husband own 25 acres of land in Groton and leased it in 2005 to a gas company after being approached by a landsman. She now regrets signing the lease because of the many things she has learned since 2005, saying that it is a revolving lease with no end and next to impossible to cancel and although their agreement was to not have a well on their property there could a storage depot for equipment or chemicals. She now fears what she may have subjected herself and her neighbors to. Elizabeth Snyder - Presented each Board Member with a packet of articles that touch on many of the issues that other speakers have talked about. Town Board Minutes Page 3 April 10,2012 David Kalb - Informed the Board about a Road Use Summit being held in Cortland, information that the Board had already received a flyer on. Greg Wieland - Encouraged the Board to think about health and economic consequences of fracking and mentioned two writers from Cornell: Robert Oswald and Susan Christopherson and gave the Board copies of some articles. Paul Speight - Brought his whole family to the meeting and as a parent, community member and business owner, is concerned about the future of our water and urged the Board to ban fracking. Kelly Smith - Asked the Board to at least consider a moratorium on fracking based on her experiences after graduation from college in Bakersfield, California and the oil industry there. She talked about the crime, the roustabouts, and pollution. Her main concern is carcinogens that would be introduced to our environment, similar to the problem that Smith Corona left behind. Mike Morris - Was encouraged to read in the Ithaca Journal that Supervisor Morey wanted to speak to some of the people who signed the petition and was disappointed that he had not had a response to his emails about holding a public forum. He said that the Mayor had said that none of the Village or Town Board members were interested in holding a public forum. Mr. Morris wanted to follow up on a conversation that he had with Councilman Scheffler, when he asked "what about the 90% of the people who don't hold leases and the negative aspects of fracking that we'll all have to endure?" Mr. Morris said that Mr. Scheffler's response was "well they could have bought land." Councilman Scheffler - And your response to that was that if you had land, you would have a lease. Mr. Morris - No, I said I didn't blame people who signed leases because I don't know what I would do. I'm not saying I wouldn't have signed a lease. That wasn't my response to that and I think that's where our conversation ended. But truly, it's not a viewpoint that I had considered and I thank you for sharing your viewpoint. But that sort of expression, that the other 90% could have bought land, number one, there are people who hold land and choose not to lease or regret leasing because they weren't given all the facts up front. But is that a viewpoint that you all hold, that 900 of us have no standing basically? Councilman Scheffler - You must have taken that wrong. I'm not recalling the exact conversation because it was, what, three months ago. I think a lot of people have a lot of rights and we're here to protect everybody and do what's right for the whole Town and I like to hear from everybody. Because someone has a viewpoint, that doesn't mean it's going to overrule everybody else. That's probably what I was trying to get across. The minority doesn't always rule, or the majority. We have to do what's right, whether it's the majority or the minority. That's probably what I was trying to get across to you and I don't remember the exact wording. Town Board Minutes Page 4 April 10,2012 Mr. Morris thanked Councilman Scheffler for the clarification, encouraged the Board to hold a public forum and then read a letter from Hillary Lambert, Steward of the Cayuga Lake Watershed Network, which the Board had also received previously and is part of the file on this issue in the Town Clerk's Office. Athena Kalandros - Owns land in Groton adjacent to land that may be leased. She urged the Board to consider the investment land owners have made in Groton and asked the Board to hold a public forum so that all sides to the issue can be presented and understood. David Kauber - From Aurora. Explained to the Board that the Commissioner of Health has not been involved in the current review being done by DEC concerning fracking. He had tried to contact the Commissioner of Health on the issue and had waited over six months for a response. Mary Faith Miller - Reminded the Board of their Home Rule rights and that towns in Pennsylvania have been stripped of their Home Rule power. She said that if the Board put a ban or moratorium in place, it would give them time. Although there is legislation being presented in Albany to preserve Home Rule, she thinks that if the Board waits until after permits are being issued that they will lose all their rights under Home Rule. Dan Carey - Spoke against a ban being imposed in the Town. The Town currently has a Right to Farm Law and he is concerned how a ban would affect his farming business as well as logging industries, gravel businesses, etc. He urged the Board to take their time, that we have four or five years and should not rush. He said that permits may be issued this year, but they will not come across the border like Attila the Hun. The DEC is doing their job and he thinks they are the best in the Country. Jackie Spoon - From 2005 - 2009 she represented the Village and Town on the Tompkins County on the Environmental Management Council. When she left the EMC, she was pleased that the Town Board had tabled the decision on fracking at that time and wanted to suggest that they continue tabling their decision and consider a ban on fracking. She bought a farm in Groton in 2009 and finding one without a lease was very difficult in Tompkins County. She thinks there are a lot of legal problems with the leases that will become all of our problems if fracking is allowed. Jennifer Schwade - Said that as elected officials they are looking to the Board to protect them from hydrofracking and that they could write a ban specifically for hydrofracking that would not affect any other industry. JoAnne Cipolla-Dennis - From Freeville. Reiterated at length about the dangers of fracking. She suggested that farmers should grow sunflowers for bio-fuel and that we should all become more self-sustaining. Andy Crispell - Has a small plant growing business and depends on water to conduct his business. He asked the Board to consider a ban. Greg Weiland - Presented a petition from Groton Resource Awareness Coalition (GRAC) of approximately 620 signatures of Groton residents who "urge the Town of Groton to ban high volume slick water hydrofracking, including water withdrawal, materials Town Board Minutes Page 5 April 10,2012 trucking, and drilling waste disposal." He read the cover sheet attached to the petition, presented the Board with the petition, and also provided a spreadsheet of the signatures, all of which has been placed in the file on this issue in the Town Clerk's Office. Joan Packard - Gave the second half of the GRAC presentation, "a point by point rebuttal about what we think are many of the issues that people have who are for fracking. We just want to present some points that we think rebut those arguments." She reiterated some of the dangers of fracking and touched on specific issues. Marc Perosio - From the Southern Cayuga County Coalition and the Cortland County Coalition began the next presentation by stating that he is not an expert on gas drilling or a geologist. He is a 33-year resident and is very concerned about some people trying to pass themselves off as experts concerning gas drilling. He was very familiar with Bradford County, PA in 2006 and about a month ago went down and took pictures and talked to people in the area. He passed the pictures around for everyone to see. He talked to a woman who had a pad with 4 wells on it across the road from her house who said that it was a mess for about 30 days and then they were done, out of there and the dirt road was better than it was before. He talked to other homeowners, farmers, the school district, and village officials. They said that the roads were destroyed to begin with but the gas companies quickly learned to build them up before drilling and keep them repaired. He was told that there were no problems with water in Northeast Bradford County, that the gas companies have been very careful with that. There was an increase in DWIs, which was handled by the gas companies instituting a curfew. Mr. Perosio said that there was far more environmental damage done by last year's flooding than anything done by the gas drilling. He did say there were currently some problems with negotiations over leasing land for the pipelines. Mr. Perosio said that Tioga County, NY has negotiated a lease on 125,000 acres to have wells there fracked with propane which takes water off the table, takes well pads from one every one square mile to one every two square miles, uses 50,000 gallons of propane and no water. Propane is then taken back out, re-condensed and reused. Another thing that Tioga County has been able to negotiate is that if a gas company sells a lease to another company for a profit, the profit must be paid to the landowners, not kept by the gas company. Mr. Perosio said that cars that run on natural gas are available for around $27,000 and that you can buy equipment to fill a car at your home if you have access to natural gas. Compared to gasoline, it comes out to about $1 .00 a gallon. He also said that burning a gallon of gasoline puts 19 pounds of carbon dioxide in the air compared to 6 pounds with the equivalent natural gas, thereby reducing our carbon footprint. Mr. Perosio feels that gas drilling will bring much needed tax revenue into the Town at a time when our school is close to being forced to consolidate and when farmers can no longer continue to pay the high taxes to satisfy the needs of the State and the community. He would like to see the gas used safely and correctly. Copies of Mr. Perosio's pictures are in the file on this issue at the Town Clerk's Office. Town Board Minutes Page 6 April 10,2012 RESOLUTION #12-030 - 2012 GROTON RURAL CEMETERY RECORDS DEPOSIT AGREEMENT MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, on the 12th of April 2011, the Town Board approved an agreement between the Town of Groton and the Groton Rural Cemetery Association for the storage of the cemetery records in the Town Clerk's vault and WHEREAS, it was stipulated that this agreement should be renewed annually in the month of April, therefore be it RESOLVED, that the Town Board hereby approves the 2012 Groton Rural Cemetery Records Deposit Agreement and gives the authority to the Town Supervisor to sign said agreement. RESOLUTION #12-031 - PROCLAMATION OF POPPY TIME IN THE TOWN OF GROTON MOVED by Supervisor Morey, seconded by Councilman Gamel WHEREAS, the Carrington-Fuller American Legion Post #800 Auxiliary works unselfishly throughout the Town of Groton, and WHEREAS, the American Legion Auxiliary annually sponsors the traditional offering of the "POPPIES" to the Groton area, and WHEREAS, by offering these "POPPIES" the Auxiliary helps to benefit the needs of the disable American Veterans by providing workshops and therapy for them through the Veteran's Hospitals, NOW THEREFORE, I, Glenn E. Morey, Supervisor of the Town of Groton, DO HEREBY PROCLAIM, the month of May 2012 to be "POPPY TIME" in the Town of Groton and respectfully encourage all members of the Groton Community to generously support the Legion Auxiliary during "POPPY TIME". RESOLUTION #12-032 - EXPRESS INTEREST IN FORMING A CONSORTIUM TO NEGOTIATE FRANCHISE AGREEMENTS WITH TIME WARNER CABLE MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the Town of Groton is provided cable service by Time Warner Cable; and WHEREAS, Town of Groton recognizes the advantage of cooperation with other municipalities with regard to cable franchise issues; and WHEREAS, Town of Groton is interested in exploring, through the Tompkins County Council of Governments, the possibility of entering into an agreement with other Town Board Minutes Page 7 April 10,2012 municipalities to form a Consortium to negotiate, on behalf of Town of Groton a renewal franchise agreement with Time Warner Cable; and WHEREAS, the intent would be to form a Consortium with the authority to conduct public hearings, conduct surveys, and engage in all activity, within the limits of applicable State and Federal Law, that is necessary and appropriate to negotiating a renewal franchise agreement for its member municipalities; and WHEREAS, the Consortium may be charged with analyzing the financial, technical, and legal issues related to cable television regulation to enable the member municipalities to reach sound judgments in exercising their regulatory authority with regard to such matters as cable television rates, franchise fees, and nature and quality of service; and WHEREAS, all members of the Consortium would individually reserve the right to approve, disapprove, or amend the franchise agreement so negotiated on their behalf; now therefore be it RESOLVED, that Town of Groton does hereby express interest in exploring the possibility of forming a consortium of municipalities to negotiate on its behalf for the renewal of its franchise agreement with Time Warner Cable; and be it further RESOLVED, that Town of Groton does hereby reserve the right to refrain from joining the consortium should the terms and conditions of joining the consortium prove to be unacceptable to the Board. Announcements: > Planning Board Meeting - April 19 at 7:30 PM > Zoning Board of Appeals Meeting - April 25 at 7:00 PM > Groton Listening with Community Foundation for Tompkins County - April 18, 5:00 - 6:00 PM at Groton Tompkins Community Action Building , 110 Sykes Street > Safe Medication Disposal Day - April 28, 10:00 AM - 2:00 PM > Local Assessment Review - May 16, 3:00 PM - 6:00 PM at Town Hall There being no further business, Councilman Gamel moved to adjourn, seconded by Councilman Sovocool, at 9:09 PM. Unanimous. April L. Scheffler, RMC Town Clerk