HomeMy WebLinkAbout2012-11-12 TOWN OF GROTON -MINUTES OF TOWN BOARD MEETING
TUESDAY, DECEMBER 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
Sheldon C. Clark, Councilman
Fran Casullo, Attorney for the Town
Absent: Richard B. Gamel, Councilman
Also present: Bob Fouts, Virginia Underwood, John Beck, Carole Daugherty,
Susan Ditson, David Swanson, Laura Butts, Carol Milton, Bridget Hoy,
Gordon Hoy, Dean Peterson, Joyce Peterson, Kathy Baxendell,
Dave Hoy, Sr, Nick Brown, Lynn Minor, Jeffrey Smith, John
Lampman, Linda Mizer, Dan Mizer, Kelly Smith, Ed Neuhauser, Jen
Schwade, Dan Carey, Bob Case, Ron Boyden, Mike Morris, Jane
Crispell, Dorothy Pomponio, Jeanne White, Judith Eger, Mary
McGarry-Newman, Gary Coats, Charles Rankin, April Scheffler.
MOVED by Councilman, Sovocool, seconded by Councilman Scheffler, to approve the
minutes of the November 13, 2012 meeting as presented.
Ayes - Sovocool, Scheffler, Clark, Morey.
Claim Numbers 338 - 370 of the General Fund in the amount of $27,683.72 were
presented for audit.
MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the
General Bills for payment.
Ayes - Sovocool, Scheffler, Clark, Morey.
Claim Numbers 186 - 206 of the Highway Fund in the amount of $55,602.03 were
presented for audit.
MOVED by Councilman Clark, seconded by Councilman Sovocool, to approve the
Highway Bills for payment.
Ayes - Sovocool, Scheffler, Clark, Morey.
Monthly Reports:
Charles Ranking, Bookkeeper - Presented monthly reports for the Board's review. He
had nothing to report on the Cable Committee as he was unable to attend the last
Town Board Minutes Page 2 December 11,2012
meeting. He and Supervisor Morey had met with representatives from the State
Comptroller's Office for review of their tax cap, which went very well.
RESOLUTION #12-067 - 2012 BUDGET TRANSFER
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Clark, Morey
RESOLVED, that the Town Board hereby approves the following 2012 Budget Transfer:
General Fund Town Wide:
From: Contingency, A1990.4 $200.00
To: Personnel, Personal Services, A1430.1 100.00
Control of Dogs, Personal Services, A3510.12 100.00
RESOLUTION #12-068 - 2012 BUDGET TRANSFER
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Clark, Morey
RESOLVED, that the Town Board hereby approves the following 2012 Budget Transfer:
General Fund Part Town:
From: Contingency, B1990.4 $350.00
To: Zoning, Deputy Clerk Salary, B8010.12 250.00
Planning, Deputy Clerk Salary, B8020.12 100.00
Gary Coats, Code/Fire Enforcement Officer - Submitted monthly report for the Board's
review. He had received a report from ISO on the Town of Groton and our safety rating
has gone back up to where it was before they had lowered it last year after making
suggestions that had been implemented.
Richard C. Case, Jr, Highway Superintendent- Was not present.
April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly reports for the Board's
review. The Clerk's Office was getting ready for tax season.
John Norman & A. D. Dawson, Town Justices - Were not present, but has submitted
monthly reports for the Board's review.
Councilman Donald Scheffler, Representative to Joint Youth Program - Youth basketball
is going well; wrestling sign-ups are coming soon; and plans for Winterfest are coming
along nicely. Christmas in the Village is December 15 throughout the Village. Groton
Recreation is not sponsoring this, but will have a fundraiser at the American Legion to
benefit the free summer movie nights next summer. Jennifer put out feelers for adult
programs but got no response so they will keep doing what they are doing with the kids.
Town Board Minutes Page 3 December 11,2012
John Lampman and Jeffrey Smith, from the Tompkins County Highway Department
were there to talk about the Groton City Bridge. They introduced Peter Stein from the
County Legislature, who was also there to answer questions. A meeting was held in July
concerning the closing of the bridge and since then they have received a lot of
comments, most of which were in favor of keeping a bridge there. They had received
a petition of 20 signatures opposing a vehicle bridge being reopened there and
another petition of 70 signatures asking that a temporary bridge be investigated. The
County now possesses a temporary bridge and they are leaning towards installing it at
this time. Supervisor Morey asked what would happen to the old bridge since it is a
Groton Bridge. They have been in contact with the director of Historic Ithaca, who is
willing to see the bridge removed from the location but would prefer to see it salvaged
in a usable form. They have also had communication with the Groton Historical Society
who is also interested in getting the bridge to either display or use as a pedestrian
bridge. Nothing is sure at this time, but that is the historical angle. The plan is to remove
the old bridge and install the temporary bridge this month. There will be no weight
restriction on it, but it is only 12 feet wide compared to the 13 feet wide old bridge. Mr.
Lampman said school buses and snowplows would fit. The cost of installing it will be
about $10,000 - $15,000. The temporary bridge was bought to be used when needed
during construction or emergency and they feel that it is better to use it in Groton City
now rather than leave it sitting in their lot. However, if there is a need for it elsewhere,
they will have to move it to where it is needed, leaving no bridge in Groton City at all. It
could conceivably be returned to Groton City when no longer needed someplace
else. A permanent bridge is on the County's long range plan for replacement in 2015,
but will still need to be approved and there is no guarantee that it will ever be
replaced. The cost of a permanent bridge will be Y2 million dollars or more, depending
on the type of funding used. Should the temporary bridge not be needed someplace
else, its expected lifespan is 25-30 years, but everyone stressed that there was no
guarantee that it would be left there that long. It was generally felt that this would be a
cost-effective solution for the time being.
Privilege of the Floor:
Jennifer Schwade - Said there had been previous mention of a study done at the
University of Texas called "Separating Fact From Fiction in Shale Gas Development" that
showed no evidence of groundwater contamination from hydraulic fracturing. There
have been two reports since, one that the head of the institute that did the study quit
after he was found to have served on the board of a gas drilling company, and the
other was that an independent panel has found that the science was inaccurately
reported. She gave the Board copies of the information.
Kelly Smith - Said that since the Board can't vote on a moratorium, she hoped that they
are preparing for the potential onslaught of trucks in the area. She wondered if trucks
were going to be kept out of the Village and whether they will be directed onto less
than perfect secondary roads and worries about accidents. She hopes they will be
proactive and consider the multitude of impacts to the community and not just revel in
the potential financial gains should the energy companies be allowed to pillage the
town. She said that Groton voters will be watching.
Mike Morris - Quoted Supervisor Morey as saying one time in a newspaper, "the public
deserves to know where we stand." He said that they still don't know. He hopes that
someday he will hear the Board's feelings on the fracking issue. He quoted Open
Town Board Minutes Page 4 December 11,2012
Meetings Law to the Board and said that they have not seen any deliberations of the
Board. He said that he heard that they were talking behind the scene.
Supervisor Morey - Said that anytime they meet, it is an open meeting and has to be
advertised and that things are posted on the website.
Mr. Morris - Said he knows that they get the minutes and everything else, but asked if
the Board was discussing stuff. He thought they were discussing a road law earlier in the
year but that no one has heard anything about it.
Supervisor Morey - Said that no, the only road agreements that were being discussed
where between the Town and the County, when the County wanted to trade certain
sections of certain roads and nothing was ever agreed upon. It was not about frocking
or road use.
Mr. Morris - Said he may be mistaken; that it might have been the Village. He said this
was just an example though and that his point was that he really would like to know
sometime what the Board is thinking and what their opinions are.
Jane Crispell - Said that she would like more open discussion and that the issue is giving
her gray hair because it is affecting everything and is so serious. She gave Mr. Morey
something to share with the Board.
Carol Daugherty - It was said at the last Board Meeting that three Board Members had
potential conflicts of interest, however a newspaper article said that the leases had
expired and Mike Morris confirmed it by looking at the public record. If the leases are
expired, why is the Board or the lawyer concerned?
Supervisor Morey said that several people had brought up the ethics issue, so now they
were looking into it.
Ms. Daugherty said that since the leases were expired, there isn't a conflict of interest,
right?
Councilman Scheffler-That wasn't the accusation.
Attorney Casullo - Said that it was his understanding that having leases was not the total
accusation being leveled and that it went beyond just holding a lease. He said that
one time an issue was raised because two Board Members went to a meeting
somewhere and sat at a table with people who were pro-fracking.
Ms. Daugherty- But the conflict of interest would be the leases.
Attorney Casullo - The leases were not the only issue.
Councilman Scheffler - The feeling is that there is a bias. I feel that there's also a bias if
you don't have a lease.
Attorney Casullo - That's correct. Since the accusation was made that at least two of
the Board had a bias, then we feel we need to have an ethics board to decide if
indeed they have a bias to the effect that they can't vote. We need to do this to
Town Board Minutes Page 5 December 11,2012
protect the Town's liability. It is my understanding that it was not just based upon their
ownership or having had leases.
Supervisor Morey closed the Privilege of the Floor and asked Attorney Casullo to explain
where things were with establishing an ethics committee.
Attorney Casullo said that he had started the research but had not finished due to
personal things happening in his life. He explained that the ethics board would not be
just for the fracking issue but will review many other issues that come before the Town.
He hopes to have something ready for the Board's review at the next meeting.
RESOLUTION #12-069 - TOWN OF GROTON CAPITAL ASSETS POLICY
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Clark, Morey
RESOLVED, that the Town Board hereby passes the following Town of Groton Capital
Assets Policy:
Purpose
The purpose of this policy is to establish general principles for the management of Town-
owned capital assets. The policy establishes procedures to be followed in the recording
and disposition of these assets. Procedures to be followed when purchasing capital
assets can be found in the Purchasing Policy.
Types of Capital Assets
Capital assets are items that have a useful life of at least two (2) years and a value of:
$5,000.00 or more for equipment, except computers and printers, $20,000.00 for land,
building, and $75,000.00 building improvements, and $75,000.00 for infrastructure assets.
They are permanent in nature, tangible, and held for purposes other than investment or
resale. Capital assets addressed in this policy are equipment, buildings, building
improvements, land, computer software, and infrastructure assets.
• Equipment is either moveable or fixed. Moveable equipment is not permanently
affixed to or part of a building. Some moveable equipment consists of more than
one component, such as a computer, monitor, keyboard. The entire unit should be
recorded as a single asset. Fixed equipment is permanently affixed to a building but
is separate from the building itself. Examples are wall-to-wall carpeting, built-in
cabinets, and water fountains.
• Buildings and building improvements can include equipment items that are installed
as an essential part of the structure, such as plumbing, electrical, heating and
cooling systems, elevators, and boilers. Building improvements add function or
significantly extend the useful life of the structure. Costs that do not meet this
requirement should be expensed as repairs and maintenance.
• Computer software is either acquired or developed by the Town for internal use.
The costs of purchased goods and services relating to the installation of the
software, payroll, and payroll-related costs directly related to the project should be
capitalized.
Town Board Minutes Page 6 December 11,2012
• Infrastructure assets include roads, sidewalks, parking lots, and water and sewer
systems. Sidewalk and parking lots that are ancillary to a building will be considered
part of the building. Improvements that add function or significantly extend the
useful life of the structure should be capitalized. Costs that do not meet this
requirement should be expensed as repairs and maintenance.
Assets that are accounted for under a grant or contract must comply with all
contractual obligations set forth in the agreement.
Capital Asset Valuation
The value of the asset should include the purchase price, transportation costs,
installation costs, value received from a trade-in, and any other direct expenses
incurred by the Town in obtaining the asset. Assets that are donated to the Town
should be valued at the fair market value of the asset on the date of donation.
Assets purchased under a capital lease must be valued at the current market value
and should not include any interest. Items acquired with an operating system are not
considered capital assets. The expense is considered rent. A lease is a capital lease if
any of the following conditions exist:
1. Ownership transfers to the Town at the end of the lease.
2. The lease contains a bargain purchase option.
3. The lease period is at least 75% of its useful life.
4. The present value of the lease payments is at least 900 of fair market value.
Transferring Equipment to Another Town Department
When capital equipment is transferred from one department to another department
within the Town, the asset must be added to the Capital Asset list of that Department.
Conductinq Physical Inventories
A physical inventory of all moveable equipment should be conducted every five (5)
years. The purpose of a physical inventory is to verify the existence and condition of
equipment and ensure the accuracy of the Town's accounting records. The basis for
the inventory reports is the capital assets system maintained by the Town. All
dispositions and transfers between departments should be communicated to the Town
Board throughout the year to maintain accuracy of these records. The physical
inventory process will reveal discrepancies between recorded data and physical assets
and provide an opportunity to make corrections.
The Town Bookkeeper will supply current equipment inventory listings to the
departments. During the inspection of equipment, note items found and not on the list,
items appearing on the inventory list that have since been disposed of, (include
disposition date and method of disposal), any corrections regarding location,
description, status, condition, and any other pertinent information.
The inventory listing must be signed by the department head and returned with the list
to the Town Bookkeeper.
Town Board Minutes Page 7 December 11,2012
Dispositions
When a department no longer has a need for an item of equipment, departments
may, if they choose, give equipment items to other departments. Before disposing of a
capital asset, the Town Board either will approve the request or make the Department
aware of any disposal limitations. Departments are not authorized to give Town
equipment items to private individuals or organizations.
Assets acquired with government or corporate funds are subject to terms and
conditions stated in the various agreements. Title to equipment may vest with the
government or corporate agency or with the Town. It is likely that permission from the
agency will be needed before disposing of government or corporate-funded assets.
Contact the Town Bookkeeper for the required procedures for any such disposal.
Assets donated by individuals that are valued at $5,000 or more, which are disposed of
within two years of the date of the gift, are subject to reporting to the Internal Revenue
Service. Contact the Town Bookkeeper for the required procedures for any such
disposal.
Surplus equipment that is not transferred to another department will be offered for sale
to the general public. To comply with federal, state, or other regulations items
recommended for sale must be offered to the Town Departments. In general, items will
be sold to the highest bidder. However, there may be occasions when a bid may be
given preference, even if it is lower than another bid.
Items will remain on the surplus list for one month. Preferences for equal bids should be
given in the following order:
1. Town Departments
2. Local school districts or charitable organizations
3. Employees, for personal use
4. General public
If no bids are received after four weeks, the items may be discarded. When disposing of
capital assets, follow these steps:
1. Before disposal, remove all tags and official Town seals or logos. Report to the
Bookkeeper for the Capital records update.
• Note: Before disposing of computer equipment, to preserve
confidentiality, and protect Town interests, Departments must remove all
data and Town-licensed software through disk formatting, degaussing, or
other permanent means.
2. Physically remove from the property items approved for disposal. When necessary,
Departments may move them to a temporary storage location within the Departments
buildings.
3. Include only items that have been formally approved for disposal.
Town Board Minutes Page 8 December 11,2012
4. In all circumstances, Departments must notify the Bookkeeper of the disposition of the
asset and the amount of any proceeds collected from the sale.
Assets must be discarded in an environmentally responsible fashion. Even common
items, such as computers and refrigerators, may be considered regulated waste and/or
require special handling.
Surplus computer equipment no longer needed for Town purposes may be donated to
public schools, public libraries, other public and private institutions for secular
educational use or not-for-profit institutions for use by individuals with disabilities,
pursuant to general Municipal Law and the Town Board approval.
Prior to disposing of computer equipment, all information or software specific to, or the
property of the Town should be removed from the equipment.
RESOLUTION # 12-070 - FUND BALANCE POLICY
IN ACCORDANCE WITH GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB 54)
WHEREAS, the Governmental Accounting Standards Board (GASB) has adopted
Statement Number 54 (GASB 54), Fund Balance Reporting and Governmental Fund
Type Definitions, and
WHEREAS, the Town of Groton wishes to implement GASB 54 as required beginning with
the current January 1, 2013- December 30, 2013 fiscal year, now, therefore be it
RESOLVED that the Town Board hereby adopts the following policy:
FUND BALANCE POLICY
Fund balance measures the net financial resources available to finance expenditures
of future periods. The Town's Unassigned General Fund Balance will be maintained to
provide the Town with sufficient working capital and a margin of safety to address local
and regional emergencies without borrowing. The Unassigned General Fund Balance
may only be appropriated by resolution of the Town of Groton Board.
Fund balance of the Town may be committed for a specific source by formal action of
the Board. Amendments or modifications to the committed fund balance must also be
approved by formal action of the Board. Committed fund balance does not lapse at
year-end. The formal action required to commit fund balance shall be by board
resolution or majority vote.
The Town Board delegates authority to assign fund balance for a specific purpose to
the Town Supervisor.
For purposes of fund balance classification, expenditures are to be spent from restricted
fund balance first and then unrestricted. Expenditures incurred in the unrestricted fund
balances shall be reduced first from the committed fund balance, then from the
assigned fund balance, and lastly, the unassigned fund balance.
Town Board Minutes Page 9 December 11,2012
RESOLUTION #12-071 - EXTEND TIME TO PAY TAXES FOR SENIOR CITIZENS
MOVED by Supervisor Morey, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Clark, Morey
RESOLVED, that pursuant to Section 925(b) of New York State Real Property Tax Law, the
Town Board hereby grants an extension of five business days to pay taxes without
penalty or interest to senior citizens who receive an exemption on their principal
residence under either Section 425 or 467 of Real Property Tax Law. The extension of
five business days shall make the due date February 7, 2013 for such taxes, and be it
further
RESOLVED, that the Town Board directs the Tax Collector to mail a notice of said
extension of time with the tax bills.
RESOLUTION #12-072 - APPOINT LISA MALONEY HAHN TO PLANNING BOARD
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Clark, Morey
RESOLVED, that the Town Board, upon recommendation of the Planning Board, hereby
appoints Lisa Maloney Hahn to the Planning Board. Said appointment will fill a vacant
position, beginning today's date and expiring December 31, 2015.
RESOLUTION #12-073 - PUT NOTICE OF DOG ENUMERATION IN TAX BILLS
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Clark, Morey
RESOLVED, that the Town Board hereby directs the Town Clerk to include a notice about
the 2013 Town of Groton Dog Enumeration with the 2013 Tax Bills.
RESOLUTION #12-074 - SET DATE FOR ORGANIZATIONAL MEETING.
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Clark, Morey
RESOLVED, that the Town Board hereby sets the date for the 2013 Organizational
Meeting for Tuesday, January 8, 2012 at 7:30 PM.
Discussion and action on 2013 Highway Contact: Tabled - Clerk will prepare contract
when she has been provided with the specifics.
Town Board Minutes Page 10 December 11,2012
Announcements:
➢ Planning Board, December 20 at 7:30 PM
➢ Zoning Board of Appeals, December 26 at 7:00 PM
➢ Home for the Holidays in Groton, December 15 with the Fabulous Beekman
Boys, wagon rides, treats, sales, arts & crafts, Santa, and much more.
There being no further business, Councilman Sovocool moved to adjourn, seconded by
Councilman Scheffler, at 8:31 PM. Unanimous.
April L. Scheffler
Town Clerk