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HomeMy WebLinkAbout2012-11-13 TOWN OF GROTON -MINUTES OF TOWN BOARD MEETING TUESDAY, NOVEMBER 13, 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: Lester Coit, Loren Coit, Milton DeGraw, Justin DeGraw, John Morey, Stefanie Brooks Jacobs, Margaret Botos, Beth Underwood-Scott, Lawrence Scott, Teresa Robinson, Sharon Rumgay, Mark Robinson, Linda Mizer, Dan Mizer, Carole Daugherty, Robert Jacoby, Jennifer Schwade, Doug Newman, Devon Schmidt, Gailanne MacKenzie, Susan Cerretani, Asha Sanaker, Matthew Sanaker, John ..?.., Kelly Smith, Lisa Trust, Graham Morris, Gabe Morris, Mike Moarris, Richard Moore, Kathleen Grimes, Robert Grimes, Mary McGarry Newman, Rachel Newman, Michael Goldstein, Sue Pichette, Betty Yaichuk, Ed Neuhauser, Pat Gaines, John Gaines, Dan Carey, Alan Giambattista, Gregory Weiland, Elizabeth Snyder, Carl Cote, Lynn Musgrove, Ethan Musgrove-Robinson, Sandra Harrington, Colin Harington, Lyle Raymond, Nick Cote, Alex Miller, Dan Cerretani, David Kalb, Dorothy Pomponio, Dyan Lombardi, Charles Rankin, April Scheffler, others who did not sign in. Supervisor Morey - Opened the meeting and welcomed members of the Groton Boy Scouts Troop 77 who are currently working on their Communications Badges. Supervisor Morey - Announced that the proposed Moratorium Relative to Hydrofracking was going to be tabled because of the concerns raised about conflicts of interest at last month's meeting. These concerns were taken to heart and legal counsel was asked to investigate the issue. Fran Casullo, Attorney for the Town - Last month at the end of the Board Meeting, Glenn asked me to research the issue regarding certain members of the Town Board possibly needing to recuse themselves. Let's not kid ourselves, it's three individuals, three Board Members, who have been here each month like I have. There've been some comments made that because they hold or held leases, that they should not be considering anything relative to a moratorium or anything relative to hydrofracking. The first thing that you need to understand is that if one or more of these individuals are going to have to recuse themselves, especially if it turned out to be all three, you're not going to be able to vote. This Board is not going to be able to vote because if all three have to recuse, it leaves you with two, but you still work with a five member board with Town Board Minutes Page 2 November 13,2012 three being the majority. I don't know if people understand that, but you can't vote if you have three people recusing on that issue pro or con. The first thing I did was talk to one of the staff attorneys for the Association of Towns and explained what is going on and she said it was in a gray area especially on this frocking issue with the potential of people having leasing and still considering an issue relative to hydrofracking. She indicated that she really didn't have a clear-cut answer, but sent me some information and I researched it. Then I spoke with the first of at least three other municipal attorneys, who said that maybe I should speak to the Attorney General's Office. The person at the Attorney General's Office, said once again that it is a gray area and suggested that I request a formal opinion from the Attorney General's Office. Then I went back to the staff attorney at the Associations of Towns and she said that there was a matter in the Southern Tier that was sort of like this and maybe I would want to contact the attorney who handled that matter. That attorney asked if we had an ethics board, and I think if people follow the State, the creation of ethics boards for municipalities is something the State desires. He suggested that we create one and then leave that issue to the ethics board and if they feel that there is a conflict you would have to deal with the issue of all three having to recuse themselves and not vote, or if they feel that they don't have a conflict then the three members can go ahead and vote. I then contacted the staff attorney at the Associations of Towns for the third time and she said that is not a bad idea because if you do get sued by either the pro or the anti-fracking groups at least on the recusal issue you have tried to go as far as you can within your town's framework in that you created an ethics board and had them determine it. I told Glenn that we should probably consider creating an ethics board. And it would also help on other issues that come up. It would not be just for frocking. An ethics board would sit and hear any number of issues regarding conflicts. The process could be started fairly quickly as I have some models already. Quite frankly, we've been threatened with legal action from both sides. We've received on email that if we passed the moratorium that we would be subject to legal action and also heard that if we don't do this correctly that we'll be subject to legal action. So, all we're trying to do is to do this correctly. And my biggest concern is that if three people have to recuse themselves, we don't have a vote. If the reason is that the three board members did have or have leases on their property, then I have three board members that have to recuse and can't vote. If three board members have to recuse, what's the Town of Groton to do? Someone asked if we could have a referendum in this case. Attorney Casullo said that he did not think this is something that is subject to a referendum. He said he wasn't 100% sure and could look into it if the Board wants him to. He also pointed out that once they recuse, unless they can somehow cure their reason for recusal, they are out for good on this issue. The Board could not vote because they don't even have a majority. Milton DeGraw - You guys are in a pretty rough position because if you let the State of New York do their job like they should do, you wouldn't be here, you wouldn't hold these (meetings) and you wouldn't have to make a sound judgment. It would already be made and that's where it should be made, in the State of New York. That's what you pay those guys for and that's what they have regulators for. This shouldn't be an issue. This is our Town and it shouldn't happen here. Someone from the back of the room said that the Governor said that he would be interested in local opinion on the matter of hydrofracking. Town Board Minutes Page 3 November 13,2012 Marc Perosio - I go back to what I said six or seven months ago, wait for the DEC to either issue or not issue the regulations. If they issue the regulations there may be some guidance in there that you can draw from to make these decisions. If the DEC doesn't issue the regulations by the 29th of November it goes back to the comment period and this thing is going to be dead in the water for two or three years and then you don't have to do this. Supervisor Morey commented that the creation of an ethics board was not a new thing and the State Comptroller has asked that towns pass policies on this. Supervisor Morey is in favor of this also. Attorney Casullo said that if the three board members recuse, then we can't have a vote. If they decide that they should vote and the vote turns out one way or the other and one group doesn't like it and starts legal action based on the reasoning that they should have recused and we lose, then we're back to square one again. So, until we get this resolved we are in a difficult spot because it has been directed at not just one board member, which would not be such an issue, but at three board members, a majority of the Board. Someone asked who the three board members were saying that public records only showed two. Supervisor Morey and Attorney Casullo said that it was their understanding that it was three. Liz Snyder - Is there a way to replace board members who might recuse themselves by looking at past elections or how long the process takes to reinstate three new members? Attorney Casullo said that there are ways to do that for Planning Board or ZBA Members but not for Town Board Members. Ms. Snyder asked what would happen if one of them died and Attorney Casullo said that in that case the Board could appoint. There was some further discussion on creating a board of ethics before the Board moved on. MOVED by Councilman Gamel, seconded by Councilman Sovocool, to approve the minutes of the October 9, 2012 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. MOVED by Councilman Scheffler, seconded by Councilman Gamel, to approve the minutes of the October 24, 2012 Pubic Hearing on the 2013 Budget as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Town Board Minutes Page 4 November 13,2012 Claim Numbers 298 - 336 of the General Fund in the amount of $23,340.61 were presented for audit. (Note: Voucher #337 in the amount of $388.00 added by Board Resolution #12-063 making total amount $23,728.61) MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 160 - 185 of the Highway Fund in the amount of $77,625.03 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. Reported briefly on a meeting he had attended on Cable TV. Many people with standard service are not getting very much for their money and that is a big complaint. There will be another meeting on November 28, at which time they will come up with a model franchise to take to Time Warner. RESOLUTION #12-060 - 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 Transfers: General Fund Town Wide: From: Contingency, A1990.4 $3,000.00 To: Unemployment, A9050.8 1,000.00 Personnel, Personal Services, Al 430.1 1,000.00 Buildings, Personal Services, Al 620.4 .1,000.00 Control of Dogs, Personal Services, A3510.12 ..300.00 RESOLUTION #12-061 - 2012 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Sovocool 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 $3.00 To: Celebrations, Photo Contest $3.00 Town Board Minutes Page 5 November 13,2012 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. Updated the Board on her search for a different credit card vendor and had in the process discovered that Williamson Law was working on integrating credit cards into their software program at no charge to the municipality. They hope to have this ready by January. Clerk Scheffler requested that she and the Deputy Clerk, Robin Cargian, attend the next New York State Town Clerks Association Regional Meeting and Training Session. RESOLUTION #12-062 - TOWN CLERK & DEPUTY TO ATTEND MEETING & TRAINING 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 Association Regional Meeting and Training Session in Rochester, New York on December 3, 2012. A letter had been received from Mitchell Metzgar requesting a refund on a building permit for a catering facility. He has decided to wait until sometime in the Spring when the weather is better before starting to build and would reapply at that time. RESOLUTION #21-063 - REFUND BUILDING PERMIT FEE TO MITCHELL METZGAR MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the refund of the building permit fee to Mitchell Metzgar in the amount of $388.00, and be it further RESOLVED, that the Town Board hereby directs the Bookkeeper to add said refund to the November abstract. Francis Casullo, Attorney for the Town - Had nothing to report. He will work on the local law for the creation of the ethics board if the Board wants him to. John Norman & A. D. Dawson, Town Justices - Were not present. Councilman Donald Scheffler - Representative to Joint Youth Program - Youth Cross Country went well and is now rapped up. Work has begun on Winterfest. Town Board Minutes Page 6 November 13,2012 Privilege of the Floor: Supervisor Morey stated rules to be followed during Privilege of the Floor. Carl Cote - Said that he could see the economic benefits of hydrofracking and is not opposed to that or drilling per se. He is concerned about control of the industry and the protection of water quality. Milton DeGraw - Feels that hydrofracking should be allowed for a lot of economical reasons. This process has been going on for a long time and can use propane or water and the water is drinkable when it comes out. It needs to be done in a safe manner but could create a lot of jobs. The State of New York will need to hire more people to oversee the wells with good wages and benefit packages which means more revenue for taxes. The water table in this area is not very deep with good drinking water at 80 to 100 feet. If you get to 200 feet, you will probably have sulfur. There are a few places in this area that have salt water, which is not useable. He has worked 2,300 feet down in the ground for a lot of years and it is bone dry down there. The only water down there is water that was brought down there. They are drilling 6,000 to 7,000 feet. It is so far away from the water that it won't be a problem, especially if they drill responsibly and that's what they have State regulators for, to make sure that they do. He said that people are scared because they don't know all the facts. He thinks that they do need to drill because we need the revenue and lower taxes in order to keep the younger generation here. We need to let the State of New York decide what to do and we need to keep out of it. It's what we pay them for. Elizabeth Snyder - Thanked the Board of the recent work they did and said that she did have a glimmer of hope that it looked like they were interested and trying to find out more and looking into some of the aspects. She wanted to go on record as saying that she is very disappointed. Most of the Town started two years ago. To her, six months is a good start but the moratorium is going to be a lot of work even if it goes through and she doesn't see how they could cover everything in six months. She is very disappointed because other places have had the assistance of TCOGG and all sorts of other help and been attending all this time. She thought that people had talked about Board Members recusing themselves at least a year ago. She feels that personally, if she had a lease, she could make an objective opinion and trusted that some of the Board could, but if she was on the Board she would have recused herself immediately when the issue came up. The Board had time to do that before the election and she is extremely disappointed. All the meetings she has come to people have asked questions but the Board has not answered anything and she thinks they have raised some good questions. It is not that they are against drilling totally, or against people who want to drill, or farmers that need to earn money in other ways, but she just thinks the risks are too great without a huge amount of planning and regulation in place. She offered her assistance if the Board does pass a moratorium. She thinks that if the Board had visited more places, talked to more people, and been more thorough that they wouldn't have a difficult time making this decision and would agree immediately to have a moratorium. Supervisor Morey - Ended the public comment period and asked the Board if they had any comment on the 2013 Budget. There being no comments, the following resolutions were made. Town Board Minutes Page 7 November 13,2012 RESOLUTION #12-064 - APPROVE THE BUDGET FOR FISCAL YEAR 2013 MOVED by Councilman Sovocool, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the Town of Groton Budget for the Fiscal Year 2013 RESOLUTION # 12-065 - APPROVE FIRE & AMBULANCE BUDGETS FOR FISCAL YEAR 2013 MOVED by Councilman Gamel, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the Fiscal Year 2013 Budgets for the Groton Fire and Ambulance Service. RESOLUTION #12-066 - RENEW JOINT RECREATION AGREEMENT MOVED by Councilman Clark, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the renewal, for five years, of the Joint Recreation Agreement between the Town of Groton and the Village of Groton. Announcements: > Planning Board Meeting - November 15 at 7:30 PM > Zoning Board of Appeals - November 28 at 7:00 PM > Thank You note from Class of 2014 for allowing them to hold their Election Day bake sale at the Town Hall to benefit the After Prom Party. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:08 PM. Unanimous. April L. Scheffler, RMC Town Clerk