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HomeMy WebLinkAbout2012-05-08 TOWN OF GROTON -MINUTES OF TOWN BOARD MEETING TUESDAY, MAY 8, 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: Linda Mizer, Marc Perosio, David Kalb, Carol Daugherty, Steve Gallow, Marie Hoy, Gordon Hoy, Dorothy Pomponio, Greg Weiland, Donald Boyce, Lisa Trust, Mike Morris, Jen Schwade, Ron Space, Kelly Smith, Elizabeth Snyder, Gailanne Mackenzie, Ann Carey, Mary McGarry-Newman, Dan Carey, Joel Rabinowitz, Stefanie Brooks Jacobs, Brian Robison, Gary Coats, Richard C. Case, Jr., April Scheffler, several others who did not sign in. MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes of the April 10, 2012 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 113-148 of the General Fund in the amount of $45,249.79 were presented for audit. MOVED by Councilman Gamel, seconded by Councilman Sovocool, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 55-77 of the Highway Fund in the amount of $37,154.62 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Scheffler, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. RESOLUTION #12-033 - 2012 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2012 Budget Transfer: From: A1990.4, Contingency $1,937.00 To: A9040.8 Workers Compensation Insurance 1,937.00 Town Board Minutes Page 2 May 8,2012 Monthly Reports: Gary Coats, Code/Fire Enforcement Officer - Presented monthly report for the Board's review. 2012 Life Safety Inspections have begun and should be finished in about two months. He reported that a duplex was being built on Cobb Street. Richard C. Case, Jr, Highway Superintendent - NYS CHIPS funds have been reduced for the 2012 season by $34.14. The Town of Groton's portion will be $100,196.86. Equipment changeover from winter to summer has been accomplished. Mr. Case is open for any date in May for the annual Highway Tour. The new truck cab and chassis has been delivered and Mr. Case asked for a resolution to purchase a dump body for it. Three quotes had been received and he recommended the least expensive bid. Mr. Case asked if anybody had questions about the closing of the Groton City Bridge. The Town does not have any jurisdiction over that, but he would try to answer questions. Marie Hoy, who lives in Groton City, expressed her concerns and asked if the Town could put some pressure on the County to fix the bridge. Many people use that road and are now forces to take detours to get to and from their homes. Delivery trucks constantly turn down the road and then have to turn around and take another route. She is also concerned about ambulances and fire trucks being able to get through. Superintendent Case said that they had been in contact with the Highway Manager. The Town Clerk had informed him today that this is the last bridge left in the Town of Groton made by Groton Bridge Company, so there may be some historical interest in this also. He has known that the bridge was in bad shape and had been running smaller snowplows across it for some time. The State inspectors came in this spring and red-flagged it and said that it had to be shut down. The Town and the County had no control over that, and it was done without a lot of former warning. Mrs. Hoy said that she had heard a rumor that the bridge was not going to be replaced. Superintendent Case explained that it is not on the capital project list, so he is sure it won't be done this year. Someone asked if it is fixable and Mr. Case said that anything is fixable depending on how much money you want to spend. That is also where the historical value may come into it. It is however, a very narrow bridge. Supervisor Morey assured Mrs. Hoy that this was a high priority to the Board. Everyone was surprised when the State inspected it and closed it the same day. No one knew about it. Superintendent Case said that they would continue to address the issue but it would take time and there would be no quick solution. Town Board Minutes Page 3 May 8,2012 RESOLUTION #12-034 - APPROVE PURCHASE OF BEAU ROC DUMP BODY MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the purchase, on New York State Office of General Services bid, a Beau Roc tandem axle, DL Model, 13' dump body, complete and mounted on the Town's 2013 International 7500 Series Chassis, in the amount of $17,239.30. Councilman Gamel asked if the dump body was made of aluminum and Superintendent Case said no. He did have a bid for one but it was over$30,000 and he was trying to stay within what they had talked about during the budget workshop. Supervisor Morey read a letter he had received from the New York State Town Clerks Association announcing that April Scheffler had been chosen as District 6 Director, representing the counties of Broome, Chemung, Schuyler, Chenango, Cortland, Madison, Tioga and Tompkins in the State Association. He and the Board congratulated Clerk Scheffler. April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly reports for the Board's review. She reported that the NYS Town Clerks Convention was very good this year and that she and the Deputy Clerk learned a lot of new things. An email had been received from Pam Stonebreaker at the SPCA, reporting on the success of their spay/neuter program. Since November 2011, they have spayed 28 female dogs, neutered 20 male dogs, spayed 53 female cats and neutered 43 male cats on the new program, spending about $9,000 of their $40,000 grant. They have also recently received a $5,000 grant to spay and neuter 50 pitbulls and pitbull mixes for free for people not on public assistance and who don't qualify for the other program. Clerk Scheffler feels the decision to let the SPCA go ahead and apply for the grant themselves instead of trying to run a County program was the right decision and the outcome has been very positive. Francis Casullo, Attorney for the Town - Had nothing to report. John Norman & A. D. Dawson, Town Justices - Were not present. Councilman Donald Scheffler, Representative to Joint Recreation Committee - Jennifer has sent the summer activity brochure to press. There are more programs for older kids this year. They are planning an outdoor family movie night sometime this summer and the concert series is all booked. Jennifer is doing a great job. Brian Robison, Tompkins County Legislator - He had also planned to talk about the Groton City Bridge tonight and had been as surprised as anyone about the closing. This year's capital budget has already been spent for this year, so an emergency closing like this is comes too late to bond the project. The County is aware that it is a priority to people here in Groton. A new highway supervisor has recently been hired, so the County Highway Department is going through a transition. He was not aware of the Town Board Minutes Page 4 May 8,2012 historical significance. He will keep people informed on what is happening at the County level as far as the bridge is concerned. The other thing he reported on is that they have already begun preparations for the 2013 County Budget. A resolution has been approved with their goals, and they have requested that the County Administrator prepare two budgets, one a "maintenance of effort" budget with no growth which would reflect an actual 2.2% increase from last year, and the other budget is a 3.5% increase budget because it is felt that some of the cuts made this year were too deep, including those to highway, roads, and rural youth services. A 3.5% budget may exceed the adjusted tax cap so, they have scheduled a public hearing concerning overriding the tax cap, in case it is needed. Privilege of the Floor: Supervisor Morey offered Privilege of the Floor first to those people who have not spoken at previous Board Meetings. Steve Gallow - Spoke against hydrofracking and not wanting to risk his quality of life in this rural area with pollution free air and water. He works with Cornell professors who are on both sides of the issue and the only consensus is that there are risks involved. He does not think Groton should be the guinea pig. Gailanne Mackenzie - Spoke against hydrofracking and is concerned on how it would impact the tourist business and the guesthouse that she and her husband have. Joel Rabinowitz - Quoted the 2008 10K disclosure form from Cabot Oil, listing the types of accidents that can and do occur when drilling for gas. He said that at previous meetings the idea was raised that the Town might get sued by the gas companies if they institute a ban. He asked that if drilling was allowed and an accident occurred might a person sue the Town for allowing the fracking? He wondered if the Town should have some kind of insurance policy. Ron Space - From 6 generations of farmers in Dryden and Groton. The DEC has been given the power to regulate the gas industry. They regulate his farming industry and he trusts them with that. He questions how we will produce power in the future. He has 1,500 head of cows and he needs clean water as much as anyone. He understands the risks in producing energy, running a dairy farm, running a small business. We can travel because of energy. How are people going to come to Groton if they don't have the energy to get here? He doesn't think we are ready to stop using petroleum products. Mr. Space said that he has a lease and is not sure if he would renew it but feels strongly that he should be able to make that decision for himself, not someone else. Debra Cipolla-Dennis - Concerned that hydrofracking will bring water and air pollution to the area. She had flown to Texas and told the Board about how much the Fort Worth/Dallas landscape has changed in the past five years, with well pads, industrialization, and a dark haze of air pollution. The Texas Environmental Quality Commission has rated Dallas as the second worse place in the United States for air quality. Town Board Minutes Page 5 May 8,2012 Mary McGarry-Newman - Said that the representative from Chesapeake Oil painted an unrealistic picture of gas drilling where there were no accidents and we all know that things are not ever perfect and accidents do happen. She said that the Board always talks about being respectful to our neighbors but that it is not respectful to ruin wells or the roads. She urged the Board to do a ban so that Groton does not become industrialized. Marc Perosio - Gave the Board a copy of a law written in 1981 that his coalition believes clearly trumps local rule for oil and gas drilling and will be used in the appeals in the Dryden and Middlefield cases. He quoted an Ithaca Journal article that said that Pennsylvania drilling generated 3.5 billion dollars last year in Pennsylvania, even at the low gas prices. Being frustrated with the people in Groton representing themselves as experts on hydrofracking, he contacted the Farm Bureau and Cooperative Extension in Bradford County Pennsylvania, who are willing to host a meeting for Town officials and anyone from the community to come to Pennsylvania and talk about exactly what has happened in Bradford, the good, the bad, and the ugly. He encouraged everyone to take advantage of this offer to see what has really happened. He said that in Tioga, Broome and Chemung Counties, there are no bans in place and this is where most of the gas is. A landowner coalition in Tioga County has signed an agreement where propane will be used instead of water. Jennifer Schwade - Again suggested a public forum. She reiterated some of the comments made about the Groton City Bridge and asked the Board to also do something about the fracking issue. Kelly Smith - Is concerned about the introduction of carcinogens if fracking is allowed. David Kalb - Said there were over 100 municipalities who have either banned fracking or passed a moratorium. He had been to seminar with Dr. John Dutcher who was chairman of the commission on shale gas extraction that President Obama instituted with the Department of Energy. They came up with 20 best practices to encourage the industry to come up to standards. Dr. Dutcher says that the industry is ahead of the science and results of comprehensive water testing will not be available until 2015. He also gave the Board a copy of an article on the State of Vermont banning hydrofracking. He urged the Board to do a moratorium. Mike Morris - Gave the Board copies of what the DEC had said in their Environmental Statement concerning truck traffic. He said that he hoped that the Pennsylvania forum would be made public and be well attended since no one from the Groton Village board attended any of the GRAC forums and only Councilmen Gamel and Scheffler showed up from the Town. He said that according to an article in the Ithaca Journal the deal in Tioga County to use propane had fallen through and that propane fracking was sort of like talking about moonbeam energy at this point; its not really on the table. Mr. Morris also said that in several newspaper reports following Town Board meetings there were quotes that said that the Town Board does not have the luxury of catering to special interests. He wondered if the Board considered residents who come to speak out about an issue as special interest groups and if the Board feels that surrounding municipalities have catered to special interest groups by passing bans and moratoriums. Town Board Minutes Page 6 May 8,2012 Elizabeth Snyder - Asked if the Board had spoken to any of the people who signed the petition presented last month and wondered if the Board would like to send out a survey of some kind because she feels a lot more people would like to have input. JoAnne Cipolla-Dennis - Has been coming almost every month since last August, as well as other people, asking the Board to find out information about hydrofracking and how it would affect farmers here and said that she thought they deserved some answers. Councilman Gamel - Said that they have been to meetings, not all of them but many of them. He wants to listen to the material but it is the same thing over and over again. He feels the same about the presentation from Chesapeake; he wouldn't want to listen to it repetitively. The Board has done research and has looked into every aspect. His family has been here since a Revolutionary War Grant and it is a major concern. The Board is concerned about everything that happens. He pointed out that there are 4 farmers in the room who are not against it. Ms. Cipolla-Dennis said that they did not have the same information and when they find out what will really happen to their property they will feel differently. She said that the money that was made in Pennsylvania was for the billionaires, not Pennsylvanians or the State of Pennsylvania; Pittsburgh is broke; Williamsport is a commercial. She appreciates what the Board has learned but if they have learned, they would have already acted on a moratorium so the rest of the Board could catch up. She wants the Board to protect people and when the farmers find out that they won't be able to farm their land, nor generations after, even if there aren't any accidents, that they will change their tune. Organic farmers will lose their certification overnight if the land is fracked because she doesn't want farm-fracked foods. She thinks that for the Board to take another 30 or 60 days to decide to pass a moratorium is ludicrous and wants the Board to pass a ban, a moratorium or tell her what they are going to do because it is not safe and they are not taking it. Dan Carey - Reiterated that he feels the Town should not do anything at this time and wait to see what happens with Dryden's lawsuit. He owns almost 700 acres and the taxes take a lot of money out of his pocket. A lawsuit would take more money and he doesn't want that to happen. He has talked to a lot of landowners in Groton and they understand that it is risky, but farmers take risks everyday. The DEC has come down hard on the farming industry in this State and they have to comply. He feels it will be the same thing, and more so, with the drilling industry. He also pointed out that the reason that there is not more representation of the farmers at the Town Board meetings is because many of them are still milking cows at 8:00 at night, working 14-hour or more days. These farmers are a silent majority that has not been heard. He thinks that if the Board does take the trip to Pennsylvania, they will see how things really are. The Annual Road Tour for the Highway Superintendent to show the Board condition of the Town roads was set for Wednesday, May 23rd at 9:00am. Setting a date for Spring Clean-Up was discussed and since the price of scrap steel is currently so high, that there isn't a demand for it at this point. It could be considered later in the year if there seems to be a need. Town Board Minutes Page 7 May 8,2012 RESOLUTION #12-035 - APPROVE 2013-2017 INTERMUNICIPAL RECREATION PARTNERSHIP AGREEMENT MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the Town of Groton is currently a member of the Intermunicipal Recreation Partnership dated August 21, 2007, with an original five-year term expiring December 31, 2012, and WHEREAS, the Recreation Partnership has been an excellent and cost efficient model of intermunicipal collaboration which enables municipalities to jointly plan, finance, and share a diverse set of high quality recreation programs, and WHEREAS, the Intermunicipal Recreation Partnership agreement by its own terms may be renewed for an additional five years by appropriate resolutions by each of the municipal partners on or before December 31, 2012, and WHEREAS, any municipality may withdraw from the Intermunicipal Recreation Partnership agreement upon a full calendar year's notice, now therefore, be it RESOLVED, that the Town Board hereby agrees to renew the August 21, 2007 Intermunicipal Recreation Partnership agreement for and additional five years, expiring December 31, 2017, and be it further RESOLVED, that a copy of this resolution be sent to the Recreation Partnership Board, care of Tompkins County Youth Services Department, 320 West State/MLK Jr Street, Ithaca, NY 14850. Announcements: ➢ Planning Board Meeting, May 17 at 7:30 pm ➢ Zoning Board of Appeals Meeting, May 30 at 7:00 pm ➢ Groton Business Association, May 16 at the American Legions - topic will be Groton Olde Home Days ➢ Local Assessment Review, May 16, 3:00 pm - 6:00 pm at Town Hall There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:30 pm. Unanimous. April L. Scheffler, RMC Town Clerk