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