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Home My WebLink About2-14-2023TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING & PUBLIC HEARING TUESDAY, FEBRUARY 14, 2023 AT 7:30 PM Town Officers Present: Town Officers Absent: Also Present: Donald F. Scheffler, Supervisor Crystal Young, Councilperson Eric DeForrest, Groton Fire Chief Richard Gamel, Councilperson Brian Klumpp, Councilperson Michael Lockwood, Groton Fire Dept. Sheldon C. Clark, Councilperson Paul Lang, Town Justice Mack Rankin, Dept. Highway Randy Jackson, Town Justice Julie Graham, Bookkeeper Ellard Keister, Highway Supt. Robin Cargian, Town Clerk W. Rick Fritz, Code Official Francis Casullo, Attorney The meeting was called into session with the Pledge of Allegiance at 7:30pm. Supervisor Scheffler offered condolences to the family of Mr. Ellard “Lewie” Sovocool. A lifelong public servant, Lewie grew up in Groton, served in the US Army, returned to Groton, volunteered in the Fire Department and served as Assistant Fire Chief. Lewie also served for 47 continuous years on the Groton Town Council. That is almost ¼ of the years the Town has existed. Lewie was a great resource, a mentor and will be deeply missed. Our thoughts and prayers are with his family. MOVED by Councilperson Gamel, seconded by Councilperson Clark, to approve the minutes of the January 10, 2023 Town Board Organizational Meeting. Ayes - Clark, Gamel, Scheffler Motion Passed Employee Title Change Supervisor Scheffler – The current highway mechanic Ben is changing employment and the position has been offered to Dale Slocum. The rate of pay will change and needs to be approved. A MOTION to enter an Executive Session to discuss the medical, financial, credit, or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal, or removal of a particular person or corporation was made by Councilperson Gamel, seconded by Councilperson Clark. Ayes - Clark, Gamel, Scheffler Motion Passed Nays- MOVED by Supervisor Scheffler, seconded by Councilperson Gamel to reconvene the regular meeting at 7:53 pm. Ayes - Clark, Gamel, Scheffler Motion Passed Nays- Supervisor Scheffler- It has been proposed to start the new mechanic at the same rate the mechanic is making now, but after looking at the highway agreement, we should stick with how it was written. Would someone like to make that motion? Town Board Minutes Page 2 February 14, 2023 RESOLUTION #23-026‐ ‐ APPROVE DALE SLOCUM AS HIGHWAY DEPARTMENT MECHANIC AND RATE OF PAY MOTION to approve Dale Slocum as the Highway Department mechanic at $2.00 under the incumbent rate of pay set by the highway agreement which will start March 6, 2023, made by Councilperson Gamel, seconded by Councilperson Clark. Ayes - Clark, Gamel, Scheffler Resolution Passed Nays- RESOLUTION #23-027‐ ‐ APPROVE PAYMENT OF INVOICES MOVED by Supervisor Scheffler, seconded by Councilperson Gamel WHEREAS, vouchers for Abstract #2 for the Year 2023, numbered 15-68 were reviewed and and audited by the Town Board, be it RESOLVED, that the Town Board hereby approves said vouchers but will remove voucher 47 which will make the accounts in the Total amounts as follows: A GENERAL FUND 19,324.52 B GENERAL FUND PART TOWN 88,500.00 DA HIGHWAY FUND 146,949.15 SF1- SPECIAL FUND - FIRE PROTECTION 78,000.00 SL2- PERUVILLE LIGHTING DISTRICT 206.83 SLl- MCLEAN LIGHTING DISTRICT 175.92 Total 333251.26 Ayes - Clark, Gamel, Scheffler Nays - Resolution Passed PUBLIC HEARING FOR LOCAL LAW #1 OF 2023 – A REAL PROPERTY TAX EXEMPTION FOR QUALIFYING VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE MEMBERS The legal notice printed in the Cortland Standard, placed on the Town Website (including a copy of the law), and sent to all local post offices was read by the Town clerk. No written comments were received. MOVED by Supervisor Scheffler, seconded by Councilperson Gamel to open the Public Hearing regarding Local Law #1 2023- Real Property tax Exemption for Volunteer Firefighters and Ambulance Members. Ayes - Clark, Gamel, Scheffler Motion Passed Nays- No one wished to speak. Town Board Minutes Page 3 February 14, 2023 MOVED by Councilperson Gamel, seconded by Councilperson Clark to close the Public Hearing regarding Local Law #1 2023- Real Property tax Exemption for Volunteer Firefighters and Ambulance Members. Ayes - Clark, Gamel, Scheffler Motion Passed Nays- RESOLUTION #23-028- -ADOPT LOCAL LAW #1 OF 2023- A REAL PROPERTY TAX EXEMPTION FOR QUALIFYING VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE MEMBERS PURSUANT TO CERTAIN TERMS AND CONDITIONS ESTABLISHED BY THE VOLUNTEER FIRE/AMBULANCE DEPARTMENTS AND THE TOWN OF GROTON Title: A local law authorizing section 466-a of the New York State Real Property Tax Law A Property Tax Exemption to volunteer Firefighters and Volunteer Ambulance Workers. Section 1. Legislative Intent It is the intent of the Town Board of the Town of Groton, County of Tompkins to provide a real property tax exemption to qualifying volunteer Firefighters and Ambulance workers as set forth in Real Property Tax Law §466-a. Section 2. Authority Real Property Tax Law §466-a authorizes the Town Board to adopt a local law providing a real property tax exemption of up to ten percent of the assessed value of real property owned by qualifying volunteer Firefighters and Ambulance workers. Section 3. Grant of Real Property Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Workers. The Town Board of the Town of Groton, County of Tompkins hereby provides a real property tax exemption of ten percent (10%) of the assessed value of real property for individuals that meet the following qualifications. A. The individual is an enrolled and certified member of an incorporated Volunteer Fire Company, Fire Department, or Volunteer Ambulance service that serves the Town of Groton and has a minimum of two (2) years of service and the individual resides in the Town of Groton and the property receiving the benefit is the primary residence of, and owned by, the individual and is given exclusively for residential purposes and any portion of the property not used for residential purposes shall be subject to taxation. B. A lifetime real property tax exemption of the assessed value of real property for any individuals that have been certified by the authority having jurisdiction over an incorporated volunteer fire company, fire department or incorporated volunteer ambulance service as having accrued twenty (20) or years of active service, so long as the individuals own their primary residence which remains within the Town of Groton. C. Any un-remarried surviving spouse of an individual that was a member of an incorporated volunteer fire company, fire department or incorporated volunteer Town Board Minutes Page 4 February 14, 2023 ambulance service who was killed in the line of duty upon being certified by the authority having jurisdiction of said fire company, fire department or ambulance service that the individual is eligible for the exemption, and the individual has a ccumulated five (5) years of service provided that the un-remarried surviving spouse continues to own the primary residence within Town of Groton. D. Any un-remarried surviving spouse of an individual that was a member of an incorporated volunteer fire company, fire department or incorporated volunteer ambulance service upon being certified by the authority having jurisdiction of said fire company, fire department or ambulance service that the individual is eligible for the exemption and the individual has accumulated twenty (20) years of service provided that the un-remarried surviving spouse continues to own the primary residence within the Town of Groton. Section 4. Ineligibility No such tax exemption shall be granted until a member of an incorporated volunteer fire company, fire department or incorporated volunteer ambulance service has been certified by the authority having jurisdiction of said fire company, fire department or ambulance service of having achieved a minimum of two (2) years of service. Section 5. Severability If any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 6. Effective Date This local law shall be effective immediately upon f iling with the Secretary of State. MOVED by Councilperson Gamel, seconded by Councilperson Clark RESOLVED, that the Town Board hereby adopts Local Law #1 of 2023, a Real Property Tax Exemption for qualifying volunteer firefighters and volunteer ambulance members pursuant to certain terms and conditions established by the Volunteer Fire/Ambulance Departments and the Town of Groton. Ayes – Clark, Gamel, Scheffler Resolution Passed Nays - Monthly Reports Julie Graham, Bookkeeper – I have not been able to close out 2022 yet as I am waiting the sales tax from November and December. The Williamson Lawbook assets program will no longer be supported. They were able to get me to a previous version in order to import that data into an excel spreadsheet which we will be updating from there. I do have some budget adjustments which you have a copy of. Town Board Minutes Page 5 February 14, 2023 RESOLUTION #23-029- -BUDGET ADJUSTMENTS GENERAL ACCOUNT From: Justices - Personal Services A1110.11 for contractual $788.00 To: A1110.13 Clerk, Personal Services $788.00 From: Contingency fund A1990.4 to various $370.00 To: A1430.1 Personal Services $370.00 MOVED by Supervisor Scheffler, seconded by Councilperson Clark to approve the General Fund budget adjustments as submitted. Ayes - Clark, Gamel, Scheffler Motion Passed Nays- RESOLUTION #23-030‐ -BUDGET ADJUSTMENTS PART TOWN ACCOUNT From: B8010.4 - Contractual $299.00 To: B8010.12 – Deputy Clerk Salary $299.00 From: B8020.4 - Contractual $31.00 To: B8020.12 – Deputy Clerk Salary $31.00 MOVED by Councilperson Gamel, seconded by Councilperson Clark, to approve adjustments as submitted. Ayes - Clark, Gamel, Scheffler Motion Passed Nays- RESOLUTION #23-031‐ -BUDGET ADJUSTMENTS HIGHWAY TOWNWIDE ACCOUNT From DA5142.1 Snow Removal Personal Services $186.00 To DA5142.11 Snow Removal Vacation $186.00 MOVED by Councilperson Clark, seconded by Councilperson Gamel, to approve adjustments as submitted. Ayes - Clark, Gamel, Scheffler Motion Passed RESOLUTION #23-032‐ -BUDGET ADJUSTMENTS SALT SHED From: Revenue A 4089 (ARPA) $60,000.06 To: A09901.9 (general fund) $60,000.06 To: DA5031 $60,000.06 To: DA5142.2 Salt Shed Expenditures $60,000.06 MOVED by Councilperson Gamel, seconded by Councilperson Clark, to approve highway budget adjustments as submitted. Ayes - Clark, Gamel, Scheffler Motion Passed Monthly Reports Continued W. Rick Fritz, Code/Fire Enforcement Officer – We have been doing more Life Safety Inspections, the annual report is being prepared for submission and the Clerks are looking to update the Code Software which we will talk about in a little while. Town Board Minutes Page 6 February 14, 2023 Councilperson Gamel – Why don’t we discuss that now? Supervisor Scheffler – Sure, we can go to number 11, Robin can you talk about Cloudpermit? Robin Cargian RMC, Town Clerk & Tax Collector – So Denise and I are looking at a company called Cloudpermit which offers Building Code and Code Enforcement software. We will integrate it into our computer system, which has built-in information for Rick to help us be more organized. The packets that you have for the monthly reports have been made by an excel program, a word program, and a publisher program and we use Laserfiche, it needs to be all in one spot. This will help us to remember things, to be able to print lists, to print inspection sheets off and Rick will be able to look at it in the field. Right now, the focus is getting it installed and getting past that learning curve before May when we typically get a bunch of permits. We will still offer the old-fashioned way with the paper application, but this will slide us into the next generation of permitting. For $4,100 per year, that gets us the full service and training. As it is all cloud-based, we can look at it from home, out in the field, and in the office. Rick can call from the field and we can upload information for him. Supervisor Scheffler – It is fully budgeted for already. W. Rick Fritz, Code/Fire Enforcement Officer – Any transition like this is going to take a while. I am looking forward to trying it. I will be in all kinds of training this year. We have more this year than normal because of the new solar panels and solar fields, energy codes, and the new stretch plan being stressed. I will speak to you more about that, it is where everything is turning to a battery. Once that is over, hopefully, the office will be ready to train me. Mack Rankin, Deputy Highway Superintendent – Good Evening. Don, you could not have said it better regarding Lewie. Everything you stated was spot on and everyone at the Highway Department sends our condolences to the Sovocool Family. He was a devoted and loved father, grandfather, and husband. He was an all-around great guy. As you all know by now, our mechanic Ben Nelson is leaving us. He has been with us since February 2019, we wish him all the best in everything he does and appreciate all he has done for us here. Especially with all the computer setup of tracking repairs and service set up. We are sad to see him go and wish him the best. Our loader is fixed, the county will be trucking it back for us. It was a fairly smooth repair, obviously, a big bill which we knew about. The CAT loader that you sent us, we watched until the end. We did not rent a loader. Given the winter conditions we currently have, we decided to opt out to save that money. That CAT loader information that you sent to us, was sold at auction for $106,000. We did some research and when that was new on State Bid, it was bought for $130,000. What that Town did, which is the direction we are trying to head in, in the long term, and this is a ballpark figure because we don’t have the service records for that piece of equipment obviously, but it cost that township somewhere between $2,400 - $3,000 per year to own that loader. They had such a quick turnaround and were able to unload it before it had major maintenance and major repairs, tires all the big-ticket items that we see here. That is a very low amount per year. Looking at where we are at with our loader now, we are going on close to 20 years. About a little over 10 years ago it gets a little gray, so these are some ballpark figures but it is estimated that we have close to or over $60,000 in repairs. This would include tires, major services and maintenance, and all repairs that have come along. This loader is worth roughly $30,000.00. We did some investigating into other equipment that is out there and if you look at the differences, it comes to approximately $6,000 plus per year to own this loader. This example is why we are looking at getting into this type of program. Right now, the $20,000 is cheaper Town Board Minutes Page 7 February 14, 2023 than the $200,000, but in the long run, these exchange programs are cheaper. This was an interesting thing to see to show you why we are looking to head in that direction. I don’t have anything else unless you have questions for me. Robin Cargian RMC, Town Clerk & Tax Collector: I don’t have too much more to add. Tax Collection went well. Don has all of his portion, and I sent a big check down to the County so they will be happy. I look forward to getting the software and start rolling with that. Francis Casullo, Attorney for the Town– Had nothing to report. Eric DeForrest, Groton Fire Chief ‐ Thank you, Don, for the words about Lewie. We had about 9 of our members standing by at the calling hours tonight. They had a nice setup and a huge turnout. We had our officer’s elections with the Chief lineup changing slightly. You are stuck with me another year, Rob Gallinger, and Mike Lockwood who is with me tonight is my First Assistant Chief and Josh Barron is the 2nd assistant Chief. We have a contested election to fill the 3rd assistant spot and Rick Neville Jr. is filling in for now. Mike has come along tonight to go over where we stand with the EMS financial recovery and ambulance billing. Back in November, the law had passed and it was brought to you the possibility of what we were going to do from a Groton Fire Department standpoint. Obviously, as times have changed, the ambulance carries an extensive cost. As we give cost-free rides to the hospitals for a variety of reasons. Include the cost of supplies which have gone through the roof, add in the amount for the last ambulance which was $30,000 more than the previous one, and it starts to turn into a black hole to be providing the service at no cost recovery whatsoever. Mike has been doing a lot of research to get us up to speed as to what we need to do to be compliant with the law as well as make the best decisions for the fire department as well as the community. To start, we have interviewed a couple of billing agencies that will do the audit as well as the billing. All we would need to do is collect the money. We will pay them for their service at the end of the year. The contracts were reviewed by the attorney, and we have selected Multi Med out of Syracuse which handles many agencies in the area. As of right now, we have a public hearing scheduled here on March 7, 2023, to hear concerns from the public. It will be in the shopper and on Facebook to try and get feedback from the public to hopefully answer questions. Our goal is to not try to recover the total cost of what the ambulance costs us every year but what we are going to cover is a fraction of the payroll each year. It will offset a lot of those rising costs. The way our village is set up with multiple senior housing facilities, most of those patients covered under Medicaid are about an eighth of what we can recover from a regular insured patient. Given that this is the bulk of our transport, we will be averaging a lot less than other districts that do not have senior housing in their district. Once the hearing goes through and we have most of our paperwork in line we will continue to move forward with it. As of right now, there is nothing cast in stone as to when the go live date will be as we have to wait to hear from the State that we are approved. Councilperson Gamel- So what the insurance is not going to cover, the public does? Is that how you plan to run it? Eric DeForrest, Groton Fire Chief – So if someone had a copay, the public would pay that portion and the insurance would pick up the rest. Councilperson Clark- In the past, there was an issue with patients who were only seeking medication. Would there now be a cost recovery for that? Town Board Minutes Page 8 February 14, 2023 Eric DeForrest, Groton Fire Chief – If the patient has Medicare or Medicaid, there would be some cost recovery in that instance. Everything that we provide is free. Looking at our Fire Tax rate compared to other districts, which is still fairly low, we have to pick a direction. We can either bill for our service or raise the fire tax rate. We are trying to order an ambulance now, to get in line to get one, and will hopefully be here by 2025. We are falling in that same boat that everything is, it is just coming at a time when the cost is outweighing our ability to do it. Councilperson Gamel- Going back a few years, when Dryden was covering for Groton, my parents had a bill that was about $800 apiece. Is that the kind of costs we are talking about? If that scenario came up today, is it only what the insurance covers what you plan on taking? Eric DeForrest, Groton Fire Chief – It would depend on what your insurance will cover for the service. When the insurance company gets the bill, they would pay you and then you would pay us for that invoice. That would be the only time we would use any type of collection, in that exact scenario. We are considering this as a cost recovery. Our goal, at least it will be during my time as Chief is to simply offset costs. Councilperson Gamel – If there is no insurance, is the customer responsible for the trip or are you only accepting what insurance pays you? Mike Lockwood, 1st Assistant Chief – Can I speak to that Chief? As we are a municipal fire department, we cannot legally bill anybody who does not have insurance. Councilperson Gamel – So if the insurance pays very little, and there remains $700, do they have to pay that? Mike Lockwood, 1st Assistant Chief – Legally, we have to send a bill. The insurance company does not like it if you don’t send a bill for the balance. We can work the language on the bill to suggest remittance, so it doesn't come across as being scary. Councilperson Gamel- My only concern is it has always been considered, to have been paid for in your taxes. Now that it is a billing system, are they going to come and say we want our taxes lowered? Eric DeForrest, Groton Fire Chief – I hear what you are saying and that is why I brought up our fire tax rate of $.86 per thousand. Some other districts are up to $2.00 so ours is fairly low. I think the town has done an amazing job at keeping that low but with rising costs, I think we will need to go in one direction or the other. Any push back that we get, which I anticipate will be from the folks who have lived here a long time, please direct back to us and we will do our best to explain why. We will have more for the next meeting. We have more new members going through the channels, 4 more will be voted in this month. The chicken BBQ was a success last weekend, we were sold out by noon. Planning/ZBA Recording Secretary Supervisor Scheffler – The planning board has interviewed and recommends Jessica Rankin be approved as the next Planning Board/ ZBA Secretary to replace Joan Fitch who is retiring. They would also like us to send a gift card to Joan to thank her for her years of service. RESOLUTION #23-033-APPROVE JESSICA RANKIN AS THE NEW PLANNING/ZBA SECRETARY Town Board Minutes Page 9 February 14, 2023 MOVED by Councilperson Gamel to approve Jessica Rankin as the Planning/ZBA Secretary as recommended and to thank Joan Fitch for her many years of service, seconded by Councilperson Clark. Ayes – Clark, Gamel, Scheffler Resolution Passed Nays - RESOLUTION #23-034-APPROVE THE EXPENSE OF A GIFT CARD AND GAS CARD TO THANK JOAN FOR HER SERVICE SINCE 1994. MOVED by Councilperson Gamel to send a $100 dinner gift card and a $50 gas card seconded by Councilperson Clark. Ayes – Clark, Gamel, Scheffler Resolution Passed Nays - Solar Array Update Supervisor Scheffler – I do not have anything new to report on Yellow Barn Solar. Francis Casullo, Attorney for the Town – I will jump in here and say when I first started in the early 90’s Lewie sat right over there and he was great. He will be missed. I think I will have more to report by the April meeting. Supervisor Scheffler- As far as the Community Solar Committee for the project on South Main St., they will be meeting with the Planning Board to get feedback on what they are thinking so far. They did not have anything to report just yet. Cleaning Position Hours Supervisor Scheffler- Ellard has a cleaner in mind but feels the position needs to allow for 10-15 hours per week, to be able to clean well. Councilperson Gamel- So can we do the standard of 12.5 hours per week and if they need to go over one week to 15 hours or less in others that would be fine? RESOLUTION #23-035-APPROVE THE STANDARD WORK WEEK FOR THE CLEANING POSITION AT 12.5 HOURS. MOVED by Councilperson Gamel to approve the standard work week for the cleaning position be set at 12.5 hours, seconded by Councilperson Clark. Ayes – Clark, Gamel, Scheffler Resolution Passed Nays - Councilperson Clark- Could I go back to your update on the Solar update for the South Main St. Project. Does the committee have an attorney for the work that they are doing? Supervisor Scheffler – No as this is just a community committee, but if they had a question Fran could help them. Zoning Board of Appeals Vacancy Town Board Minutes Page 10 February 14, 2023 Supervisor Scheffler – We still have a vacancy on the Zoning Board of Appeals. What is the board’s opinion on advertising or even adding an alternate? Councilperson Gamel – What is their feeling on that? If you get an alternate, unless they show up when they aren’t needed, I think it’s going to be a waste to have them there. It would be nice if they met every month and they could go to a few meetings and then if someone was out they could fill in. How many times do they meet a year? Robin Cargian RMC, Town Clerk - The Planning Board meets more frequently than the ZBA, but I think the problem with the ZBA is there is only 4 of them right now, if you get into a tie situation or if one of them needed to abstain they can’t be involved in the hearing you have an alternate. That alternate is supposed to come to all of the meetings and have training so ultimately 6 people for the ZBA. Councilperson Gamel – I think we need to fill the vacancy first. Francis Casullo, Attorney for the Town –The alternates come in, especially when it is a significant project and has a legitimate conflict it is not bad to have an alternate. I agree with Rick at this point to find that 5th full time member first. Then hear from both boards on how they would like to consider an alternate. Robin Cargian RMC, Town Clerk - It’s on our website, applications are here in the hallway. Where else would you like me to advertise for a ZBA member? The Shopper, Cortland Standard…. Supervisor Scheffler – Those would be fine. You could try a call to TC3 to see if any of the students who are residents might be interested in getting the experience or the school. Land Use Law Updates: Supervisor Scheffler – You have in your packets a copy of the model for the updates to the NYCRR 1203, which are the rules for the enforcement of the building code. We will need to update our code to be compliant, including any solar changes or other changes we may have. I would like to set up a committee to start going over those at some point. RESOLUTION #23-036-APPROVE THE SUPERVISOR TO SIGN THE CLOUDPERMIT SOFTWARE CONTRACT. MOVED by Councilperson Gamel, approve the Town Supervisor to sign the Cloudpermit Contract to purchase Code/Building Permit, seconded by Councilperson Clark. Ayes – Clark, Gamel, Scheffler Resolution Passed Nays - The Privilege of the Floor: No one wished to speak. Announcements: • Zoning Board of Appeals Organizational Meeting, Wednesday, February 15, 2023, at 7:00 pm • Planning Board Meeting, Thursday, February 16, 2023, at 7:30 pm Town Board Minutes Page 11 February 14, 2023 There being no further business, Councilperson Gamel moved to adjourn, seconded by Councilperson Clark, at 9:18 pm. Unanimous. Robin Cargian, RMC Town Clerk/Tax Collector