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HomeMy WebLinkAbout2012-09-11 TOWN OF GROTON -MINUTES OF TOWN BOARD MEETING TUESDAY, SEPTEMBER 11, 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: Ed Neuhauser, Mr. John A. Beck, Linda Mizer, Elizabeth Snyder, Greg Weiland, Tina Adams, Roger Adams, Fay Benson, Margaret Botos, Laszlo Botos, Christine Griffin, Ted Schiele, James Williams, David Norte, Marc Perosio, Mike Morris, Jane Crispell, Joan Packard, Carol Daugherty, J. Renne King, David Kalb, Maion Giambattista, Alan Giambattista, Lisa Trust, Lisa Maloney Hahn, Robin Cargian, Asha Sanaker, Matthew Sanaker, Gaileen MacKenzie, David Neal, Marie McRae, Richard Dale, Rose Banas, John Banas, Marie Bush, James Busby, Jennifer Schwade, Ron Space II, Allen Baker, Kelly Smith, Dan Carey, Wendy Thompson, David ?, Erika Lee, Melody Scheffler, Stefanie Brooks Jacob, Gary Coats, Charles Rankin, Richard C. Case, Jr., April Scheffler. Supervisor Morey opened the meeting and asked for a moment of silence in remembrance of the victims of the September 11, 2001 terrorist attack. Supervisor Morey - The terrorist act that occurred on September 11, 2001 was supposed to rip our country apart and spread terror throughout the United States. What actually happened was that our country drew together and there was a rebirth of patriotism. Our country today is now stronger than it ever was. I think Martin Luther King Jr. said it best when he said, "In the end we remember not the words of our enemies, but the silence of our friends." May we always remember the heroes who perished in the World Trade Center attack, the plain crash in Pennsylvania, and at the Pentagon eleven years ago. MOVED by Councilman Sovocool, seconded by Councilman Gamel, to approve the minutes of the August 10, 2012 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 242 - 267 of the General Fund in the amount of $34,745.29 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. Town Board Minutes Page 2 September 11,2012 Claim Numbers 115 - 132 of the Highway Fund in the amount of $27,715.45 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. Monthly Reports: Charles Rankin, Bookkeeper- Submitted monthly reports for the Board's review and asked for a budget transfer. RESOLUTION #12-051 - 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: General Fund, Part Town: From: Contingency, B1990.4 $140.00 To: Youth Program, Summer Help, B7310.1 $140.00 Gary Coats, Code/Fire Enforcement Officer - Submitted monthly reports for the Board's review. It has been a busy month. Life Safety inspections are all done but two. Complaints have been down and building permits have been way up. April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly reports for the Board's review. Additional report this month was the New York State Agriculture and Markets annual inspections of Country Acres Pet Services. A letter had been received from Stonehedges Golf and Recreation, informing the Board that they intend to renew their liquor license. Clerk and Deputy would like to attend the New York State Regional Clerks Meeting on October 15. Consensus of the Board was that no one had any objections to Stonehedges renewing their liquor license. RESOLUTION #12-052 - CLERK & DEPUTY TO ATTEND REGIONAL MEETING MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the payment of expenses for the Town Clerk and the Deputy Clerk to attend the New York State Town Clerks Regional Meeting on October 15, 2012 at Utica, New York. Richard C. Case, Jr, Highway Superintendent - Everything is going well with the Highway Department projects. Progress continues on Brown Road. Old Stage Road, from Town Board Minutes Page 3 September 11,2012 Champlin Road to Cortland County Line, has been blacktop-shimmed, shoulders repaired, and chip sealed. New York State is preparing to go to work on the Route 222 bridge project, closing it on October 1st for two months to replace the bridge deck and whatever else they need to do. This section of Old Stage Road will be the detour. Presently the Highway Crew is assisting the Village with their paving program and if scheduling allows, at the end of their project we will pave the Town section of Clark Street from the Village line to Old Stage Road. I hoped to have the new truck here for this month's meeting, but the mounting of the equipment is incomplete and we now have to wait for the New York State certification of the gross vehicle weight. At this time I'd like to request that I purchase, from the low bidder of quotes I've received, a spreader for the truck. RESOLUTION #12-053 - PURCHASE SPREADER MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the purchase, from Duke Company, of one Model AF200, 12-foot Airflow, stainless steel spreader for$12,845.00. Frances Casullo, Attorney for the Town - Had nothing to report. John Norman & A.D. Dawson, Town Justices - Were not present but had submitted monthly reports for the Board's review. Councilman Donald Scheffler, as Representative to Joint Youth Program - Everything in recreation is going well. Our free movie at Ross Field had over 500 in attendance for "Hunger Games" which we thought was phenomenal and we hope to do it again next year. We're starting to work on winter activities and when we have it done, I'll let you know. Brian Robison, County Legislator- Was not present. (Arrived later in meeting.) Privilege of the Floor: Joan Packard - Thanked Board for considering a moratorium on hydrofracking and listed the impacts that they will now have time to study. She handed out copies this list to the Board. John Beck- Said that there are some people who do not want progress of any kind and do not want landowners, who are mostly farmers, to make money on their investment, but that they, the anti-gas drillers want land to build houses and then use natural gas for heat and electricity and gas for their cars. He suggested that we could build a nuclear plant on his property instead of drilling. He pointed out what would happen if there was a meltdown at the nuclear plant near New York City and the devastation that would last for hundreds of years. He thinks the anti-gas drillers should consider how much more dangerous this source of power would be. Town Board Minutes Page 4 September 11,2012 Jennifer Schwade - Presented the Board with another petition, representing their second round of signatures. She thanked the Board for considering a moratorium and said that many people were in favor of a ban as well. Marc Perosio - Gave the Board copies of articles on hydrofracking. One was about a long-term study on the health affects of hydrofracking in Pennsylvania being done by Guthrie Clinic and Geisinger Health Systems. They expect some results within a year. Another article was about completion of the EPA water sampling in Dimock. There was also an article written by someone who feels that there will be definitive language in the final law concerning Home Rule. He asked the Board to wait until after election, when the new law is expected to be finalized, before moving forward with a moratorium or ban. Lisa Maloney Hahn - Has lived here for 35 years and intends to stay here during retirement. She feels hydrofracking would compromise the quality of life for everyone in our community. She would like to see us pursue and be a model for renewal energy sources including solar, wind, geothermal, and bio-fuels. Elizabeth Snyder - Also thanked Board for considering a moratorium. She said that the DEC wants the local municipalities to regulate gas drilling because they don't have the money or manpower to enforce the rules. She said the DEC did not invite the participation of environmental groups, independent scientific groups, or organizations and individuals from communities that would be impacted by fracking but had studies done by a company who has gas companies as clients and would benefit from increased drilling. She gave the Board two handouts. David Norte - Wants to know how the Town Board plans on studying this with all the information out there, some of which is anecdotal, untrue, and blown out of proportion. He does not want the Town of Groton to become short-sighted like Dryden did. He does not think that it's technically possible for the Board to wade through all the information out there and that it is way beyond them. Mike Morris - Has faith that the Board is taking their time and will act in the Town's best interest. He feels that if it didn't involve a lot of money, we wouldn't be having the conversation and other choices would be made. People who are going to make money are more in favor of taking the risk than those who are not going to make money. He asked if the whole Board took the trip to Bradford County. Councilman Scheffler said he has been there twice and Councilman Gamel said he thought that they had all been there. Mr. Morris wanted to know if they had gone with Mr. Perosio's group, what their impression was, and if it impacted their thinking one way or the other. Councilman Gamel and Councilman Scheffler indicated that, yes, it has. Greg Wieland - Thanked the Board for considering the 6-month moratorium. He thinks it should be a year and spoke about how many people really want a ban. He spoke about the time being put into getting signatures on the petition for a ban. Town Board Minutes Page 5 September 11,2012 Stefanie Brooks Jacobs - Lives in Locke but shops in Groton. Moved to area as result of life-long dream and is here to stay. She says that the regulations will make all the difference and this moratorium will give the Board time to craft those regulations. Dan Carey - Agrees with Mr. Norte that this is a bigger decision than what the Board should make and that the State should be making it, so we should wait until the new State regulations are finalized. He is a large landowner and doesn't feel that the Board should be able to regulate how he uses that land with a moratorium or a ban. He has been to Pennsylvania twice and was on a drilling site. He said that initially they make a mess but then they clean them up and you barely see the sites as they blend in with the environment. He said that they have been fracking vertical wells for decades and it is the horizontal fracking that is newer. He is against a ban or a moratorium. Asha Sanaker - She and her husband are organic farmers and support a ban but will take a moratorium in the interim. She feels that her land will be affected by the choices of her neighbors. Her husband hunts and venison represents the majority of the meat that her family eats and she is worried that the venison will no longer be safe to eat if hydrofacking is allowed. She plans to die on her land and leave it to her children and grandchildren but because the materials used to construct wells have only about a 60- year lifespan, she is not sure that she will be able to leave them clean land. Mary McGarry-Newman - Wanted to know if anyone had gone to the presentation at the High School by Chris Denton, attorney for one of the landowner coalitions. She said that Mr. Denton said he needed a huge team to craft safe leases for landowners because he is dealing with an industry that lies, omits and misrepresents. She feels that this is good reason why we should have a ban or moratorium. She says we should not listen to the people who have the most to gain, but to the people who have the most to lose. She thinks that the Board is capable of making this decision and passing regulation. Ron Space - His family has been farming for 6 generations and commercially for the last 30 years. He is very familiar with DEC regulations and follows them every day. He feels that he is losing control of his own land that his ancestor purchased generations ago. He does not want to jeopardize the water quality any more than the organic farmer but does understand sustainability and economics. He pointed out that our lights are working on gas, coal, propane and that we need to keep looking at alternatives but first we have to get from point A to point B. Most people drove here in an automobile powered by petroleum fuel. We can't just turn the switch on and off. Economics is very real and we need to keep an open mind. He encouraged the Town to wait and see what the State comes up with. David Neal - While he appreciates the concerns of those who have property and want to make their own choices as to what to do with that property, the problem is how it affects the whole community. All of us are at risk of having our property values drop. He thinks the moratorium is wise. Supervisor Morey asked Attorney Casullo to explain the process for passing a moratorium. Attorney Casullo said that at the last meeting he was asked to come up with a proposed moratorium and has given the Board a draft. Now the Board can decide whether or not to move forward. If so, they would set a public hearing for Town Board Minutes Page 6 September 11,2012 possibly the next meeting. The draft would then need to be put in its final form 10 days prior to passage. RESOLUTION #12-054 - MOVE FORWARD WITH MORATORIUM ON HYDROFRACKING AND SET PUBLIC HEARING MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Morey Nay- Gamel, Clark WHEREAS, the Town Board has asked the Town Attorney to prepare a draft moratorium relative to hydrofracking in the Town of Groton, and WHEREAS, the Town Board wishes to move forward with a proposed moratorium, now then be it RESOLVED, that the Town Board hereby sets a Public Hearing on Propose Local Law#1 for the Year 2012, entitled "the 2012 Moratorium on Hydraulic Fracturing and/or Hydrofracking in the Town of Groton" for Tuesday, October 9, 2012 at 8:00 PM at the Town Hall. RESOLUTION #12-055 - APPOINT ZONING BOARD APPEALS MEMBER AND ACCEPT RESIGNATION OF PLANNING BOARD MEMBER MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby appoints Ted Schiele to the Town of Groton Zoning Board of Appeals to fill out the term left vacant by the resignation of Steve Thane. Said term to begin September 11, 2012 and end December 31, 2016, and be it further RESOLVED, that the Town Board hereby accepts the resignation of Mary Gloster from the Town of Groton Planning Board. RESOLUTION #12-056 - PARTNER WITH CLARITY CONNECT TO APPLY FOR GRANT TO DEVELOP BROADBAND SERVICES MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the Town of Groton recognizes that the development of Broadband infrastructure is critically important to our community and, WHEREAS, New York State is offering broadband grants to expand service to unserved and underserved communities, especially to public-private partnerships, therefore be it Town Board Minutes Page 7 September 11,2012 RESOLVED, that the Town of Groton wishes to partner with Clarity Connect, Inc. to apply for a grant for our community and be it further RESOLVED, that the Town of Groton as a part of its contribution to the project will 1. waive all fees related to the implementation of the project, 2. will bring electric service to each tower location, and 3. will help inform the public and promote where appropriate the service availability, and be it further RESOLVED, that the Town of Groton will do everything practical to expedite zoning, rights of way and any other needs of the project. RESOLUTION #12-057 - SET BUDGET WORK SESSIONS MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby sets the following Budget Work Session schedule: Monday, September 17 5:00 PM - Highway Tuesday, September 18 4:00 PM - Highway Employees 4:45 PM - Town Clerk Wednesday, September 19 4:00 PM - Court Monday, September 24 7:00 PM Wednesday, September 26 7:00 PM Announcements: ➢ Planning Board Meeting, September 20 at 7:30 PM ➢ Zoning Board of Appeals, September 26 at 7:00 PM ➢ Groton Business Association, September 19 at 6:00 PM at the American Legions, speaker will be Tim Williams, Village Police Dept. ➢ Republican Primary, September 13 There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:45 PM. Unanimous. April L. Scheffler, RMC Town Clerk