HomeMy WebLinkAbout9-26-2023TOWN OF GROTON – MINUTES OF TOWN BOARD MEETING
TUESDAY, SEPTEMBER 26, 2023, AT 7:30 PM
Town Officers Present: Town Officers Absent: Also Present:
Donald F. Scheffler, Supervisor W. Rick Fritz, Code Official
Crystal Young, Councilperson Francis Casullo, Attorney
Sheldon C. Clark, Councilperson Richard Gamel, Councilperson
Brian Klumpp, Councilperson (arrived after
Highway Super Updates)
Robin Cargian, Town Clerk
Ellard Keister, Highway Supt
Mack Rankin, Dept. Highway
Julie Graham, Bookkeeper
The meeting was called into session with the Pledge of Allegiance at 7:30 PM.
The 2024 Tentative Budget was presented.
Supervisor Scheffler stated this budget is very tight to the 2% tax cap and asked the board to go
through it at their leisure to discuss it at the next meeting. Ellard and Mack are here tonight to address
the board.
Highway Superintendent, Kiester- I will review these numbers and get back to you at the next
meeting but wanted to present a few items. We have enough money put away in this budget for the two
trucks we have on order. The loader quote went down a thousand to $225,984.10 and is good for 60
days. This will be part of the equipment plan. If the budget passes the way that it is, I will order this to
have it come in January and put our old loader on the market at the time of arrival. The estimated
trade-in value at the condition it is in, is $28,000. If I sold it at auctions international, it may bring as
much as $40,000 to 42,000. Also, an issue, we have two pickup trucks with replacement motors that
are rotting out. I will have a quote by the next board meeting on those.
We rely 100% on the Consolidated Local Street and Highway Improvement Program (CHIPS), Pave
Our Potholes (POP), and winter recovery funding to pave. What we get for CHIPS fluctuates from year
to year. Last year we were up to $270,000.00 and have taken every opportunity to pave our roads in
different ways to extend this amount. The State’s numbers on paving, for a two-inch mill off and refill
with no voids based on a 10-year cycle. I don’t necessarily agree with this. It would mean budgeting
$715,000 every year to be on track with the State. Do I feel our roads need to be repaved every 10
years? No, however, if the budget could include a target of $400,000 to $500,000 each year, we would
have plenty for the roads we have picked out that need treatment. This year we will end up putting
$20-30,000 of our 5110 account towards oil and stone. I have other quotes, but I am trying to stay
within the CHIPS funding. We can talk about that when we talk about our next year’s plan. I did not do
much tweaking to my estimates as I know it is not all built in a day. I wanted to bring you these
numbers, so you know where we are headed.
We need to look closely at employee retention. I have had an open position listed for most of the year
have gotten no applicants and am down an employee. I had someone come up to me yesterday who
lives here but works for a different township. This was an operator with 5 years of snowplow
experience making $32.00 per hour. We have an employee with over 9 years of experience, making
Town Board Minutes Page 2 September 26, 2023
$10 less than that. Every township has a deputy who is compensated at a higher rate for the
responsibility that they take on. Mack manages a great deal of my workload and I feel like should be
compensated accordingly. On average they make at least $2.00 an hour more than their current pay
rate. That is on the low end for the amount of responsibility they take on.
This year the budget has $40,000 set aside for a roller and a woodchipper for tree removal. We do
share the chipper with the village and hire Suit Kote at $2,300 per day ( 3 to 4 days tops) for our roller
needs. Keep in mind the roller comes with an operator at the State rate as we do not have enough
people to take out of a truck. I found a used CAT brush head for the excavator to replace the 20-year-
old head that was purchased and is now dangerous to use. We have a lot of overgrowth spots where
this would reach further behind ditches and does not toss debris like the old one. This is a heavier-style
flail head that can mulch up to a 6-inch tree and not look like a hurricane came through. I will need a
resolution to buy the brush head for $24,700 as I am just not finding a roller or woodchipper that is the
right fit. We would use this a great deal and is a better option for that money. The old one will be
placed online to see what we can get then scrap it.
RESOLUTION #23-085‐ APPROVE PURCHASE OF A NEW CAT BRUSH HEAD FOR
$24,725.00
RESOLUTION BY Supervisor Scheffler, second by Councilperson Clark to approve the Highway
Superintendent's purchase of a new CAT Brush head for the excavator at the State Bid price of
$24,725.00.
Ayes – Clark, Young, Scheffler Resolution Passed
Abstain- Klumpp
Nays -
Deputy Highway Superintendent Rankin, Representing the Highway Association- Presented
copies of a chart depicting the hourly starting rates of 13 different Townships in Tompkins County,
County Highway as well as townships neighboring townships to the north. The average starting rate for
a motor equipment operator was $24.04 compared to the starting rate in Groton which is $19.50. I am
asking the board for raises of at least $3.50 per hour for several reasons.
Hiring is a major issue. All year we have had an open position and no applicants. I know this is an
issue everywhere, but looking at these numbers it becomes clear why we are so far behind as compared
to other highway departments doing the same exact thing.
Our longest employed MEO, after 9 years of service is making $21.85, this means everyone else
according to this sheet is making more starting day one than our employee with 9 years of experience.
This sets us even further behind, as the municipalities I have spoken with are going to be giving raises
for next year.
Our newest employee has been here 9 months. We have spent several hundred dollars training this
young man to get him his CDL and put him as an MEO at the $19.50 rate. If you look lower on the list
at Moravia or Dryden, he would make $6.00 to $7.00 more an hour. Employee retention at these rates
is a huge issue and I don’t know what to tell him to have him stay.
I tried to get you 2024 numbers. The people that did have them are looking at $1.00 to $4.00 hour
increase. When we made the Highway Agreement, I thought we were heading in a good direction.
Talking with these other Highway Superintendents they are focused on employee retention and upping
their numbers to keep their guys around. If this is good, bad, wrong or right, we are just getting further
and further behind.
Town Board Minutes Page 3 September 26, 2023
Councilperson Klumpp: That is the dynamic of inflation that we are in.
Deputy Highway Superintendent Rankin, Representing the Highway Association: I will add to
that, there used to be a line to get a highway department job, but this job has become one of the most
thankless jobs. I thought dairy farming was thankless, but in the public’s eye, we are doing something
wrong by standing in their way. Stopping traffic for 15 minutes to clear a job site is seen as a huge
inconvenience to people, A car that must follow a plow truck going 25 miles an hour may make that
person late too work. I can’t tell you how many times I have been flipped off, or had crazy stuff yelled
out a car window because we have stopped someone to clear the roadway. A very small percentage of
the population understands what we are doing, to the rest, we are just a roadblock. I have close friends
doing similar work who are leaving because they no longer want to be on call or have to come in on
their off hours. These jobs are less and less appetizing to the younger generation, putting us at an even
greater hiring disadvantage. We want you to know, the whole budget is not about us. We understand
there are other expenses the Town has but we are falling farther and farther behind, which is why I am
standing here asking you to consider a higher dollar an hour for raise.
Supervisor Scheffler: Nobody appreciates you more than we do, please know that. We have put in the
budget the most we could do an come right to the 2% tax cap. It is not just the highway employees as
we have other employees to consider here as well. We had to up the machinery and the equipment
fund and our bills have gone up too. What I have proposed to the board was the maximum we could do
without blowing out the tax cap. I haven‘t heard a lot of support for going over which is an option that
is up to the board.
Deputy Highway Superintendent Rankin, Representing the Highway Association: If you plugged
a $2heavier-styleraise in, that bumps the $19.50 to 21.50 but we have to hire a dollar an hour lower
than our lowest paid MEO, that puts our hire rate at $20.50. The NY State Dot number is a trainee not
an MEO so the number isn’t comparable, but I have it as that is the starting rate. Once you complete
the training you jump $6,000 per year. If we are at $20.50 and they are all going up $1 to $4.00 per
hour, this is how we keep snowballing backwards. I fully understand this is not just about us and we
have to keep going but how long can we keep being so far behind.
Supervisor Scheffler: I do not fully understand how some of these Townships are able to afford these
numbers.
Councilperson Klumpp: I certainly think, without question, that this needs to change. It is just a
matter of how we change it. I am up for changing that 100%.
Supervisor Scheffler: If we do override the tax cap, we would have to pass a local law to do so. On
your desk is a proposed law to override the tax levy limit. We have passed this every year in the past
and have not used it. I will say pretty much anything we add to the budget right now will require we
pass this.
RESOLUTION #23‐086 –PROVIDE LOCAL LAW#3 OF 2023 A LAW TO OVERRIDE THE
TAX LEVY LIMIT FOR BOARD REVIEW.
A Local Law Overriding the Tax Levy Limit
Established in the New York General Municipal Law §3-c in and for the Town of Groton
Be it enacted by the Town of Groton Town Board, as follows:
SECTION 1. LEGISLATIVE INTENT
Town Board Minutes Page 4 September 26, 2023
It is the intent of this local law to override the limit on the amount of real property taxes that may be
levied by the Town of Groton, County of Tompkins pursuant to New York General Municipal Law §3-
c, and to allow the Town of Groton to adopt a Town budget for (a) Town purposes and (b) any other
special or improvement district governed by the Town Board for the Fiscal Year 2024, that requires a
real property tax levy in excess of the "tax levy limit” as defined by the General Municipal Law §3-c.
SECTION 2. AUTHORITY
This local law is adopted pursuant to Subdivision 5 of the New York General Municipal Law, §3-c,
which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law
approved by a vote of sixty percent (60%) of the Town Board
SECTION 3. TAX LEVY LIMIT OVERRIDE
The Town Board of the Town of Groton, County of Tompkins, is hereby authorized to adopt a budget
for the Fiscal Year 2024 that requires a real property tax levy in excess of the limit specified in the
New York General Municipal Law §3-c.
SECTION 4. SEVERABILITY
If any clause, sentence, paragraph, section, article or part of this local law shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, section,
article, or part thereof directly involved in the controversy in which such judgment shall have been
rendered.
SECTION 5. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
MOTION BY Councilperson Klumpp, to provide the law as written for Board Member review and
possible proposal at the October 10, 2023 board meeting was seconded by Councilperson Clark,
Ayes – Clark, Young, Klumpp, Scheffler Resolution Passed
Nays -
Local Law #2 of 2023
At the last board meeting an option to create a medium-scale energy system was added to the draft law.
This would then need to be added to the land use table and the zoning map. After some discussion, in
the interest of time as the moratorium end is approaching, it was decided to remove the medium scale
definition and additional language requiring a site plan review by the Planning Board.
RESOLUTION #23‐087-STRIKE MEDIUM SCALE ENERGY SYSTEM FROM DRAFT
LAW#2 AND PROVIDE LOCAL LAW AS FINAL
MOTION to strike the definition of Medium Scale Energy System and section 366.7 which read:
366.7 Medium Scale Solar Energy Systems. A Medium Scale Solar Energy system shall be permitted
under Site Plan Review by the Town Planning Board. In addition to the requirements of Site Plan
Review, the Planning Board may use at their discretion any provisions set forth is sections 367.7 &
367.8, from proposed Local Law #2 of 2023 and provide the law for Board Review as final made by
Supervisor Scheffler, seconded by Councilperson Klumpp
Ayes – Clark, Young, Klumpp, Scheffler Resolution Passed
Nays -
Town Board Minutes Page 5 September 26, 2023
Town of Groton Local Law #2 of 2023
A Local Law to Amend Sections 366, 367 and 442 of the Town of Groton Land Use Code
Be it enacted by the Town Board of the Town of Groton, New York, as follows:
Section 1
Section 366 of the Town of Groton Land Use Code is hereby amended to read:
Section 366. Energy Production
366.1 Purpose. It is the purpose of this section to provide for and encourage Energy Production
installations that allow constituents to be self-sufficient but also minimize adverse impacts on
neighboring properties.
366.2 Definitions: The following definitions shall apply to this Section 366 and Section 367
BUILDING-MOUNTED SOLAR ENERGY SYSTEM - A solar panel system located on the roof of
any legally permitted building or structure for the purpose of producing electricity for onsite or offsite
consumption. A Building-Mounted Solar Energy System shall include any related Solar Thermal
Energy Systems located on a roof, building, or structure.
GROUND-MOUNTED SOLAR ENERGY SYSTEM - A Solar Energy System that is anchored to
the ground and attached to a pole or other mounting system, detached from any other structure. A
Ground-Mounted Solar Energy System shall include any related Solar Thermal Energy Systems.
LARGE-SCALE SOLAR ENERGY SYSTEM - A Solar Energy System that feeds electricity
directly into the grid, is ground mounted and is larger than four thousand (4,000) square feet in total
area, including solar collectors, the enclosure and/or fence surrounding the Solar Energy System per
each lot or per adjacent lots under common ownership or under common operation. A Large-Scale
Solar Energy System shall include any Solar Thermal Energy Systems.
LARGE SCALE WIND INSTALLATION. Shall include wind turbines that have a primary
function of transferring electricity to a public electric grid but may also be for onsite use.
PERMITTEE – The party holding a Town Board Special Permit- granted pursuant to this Solar
Energy Law.
QUALIFIED SOLAR INSTALLER – A person who has skills and knowledge related to the
construction and operation of solar electrical equipment and installations and has received safety
training on the hazards involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority (NYSERDA), or who
are certified as a solar installer by the North American Board of Certified Energy Practitioners
(NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition.
SMALL BIOMASS INSTALLATION. A small-scale biomass unit used to produce electricity shall
be used completely or partially on site and be secondary to the use of the premises for other lawful
purposes.
SMALL-SCALE SOLAR ENERGY SYSTEM. A Small-Scale Solar Energy System is a Ground-
Town Board Minutes Page 6 September 26, 2023
Mounted or Building Mounted Solar Energy System which the production of electricity through solar
photovoltaic cells, panels or arrays, and/or solar installations for the heating of air or water and has a
total surface area not exceeding 4,000 square feet. Energy produced shall be used completely or
partially on site and be secondary to the use of the premises for other lawful purposes.
SMALL-SCALE WIND INSTALLATION. A small-scale wind installation shall be a wind turbine
used to produce electricity to be used completely or partially on site and be secondary to the use of the
premises for other lawful purposes.
SOLAR ENERGY EQUIPMENT - Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment, infrastructure, and conduit of photovoltaic devices associated with Solar
Panels and with the production of electrical energy.
SOLAR ENERGY SYSTEM - An electrical generating system composed of a combination of both
Solar Panels and Solar Energy Equipment.
SOLAR PANEL - A photovoltaic device capable of collecting and converting solar energy into
electrical energy.
SOLAR THERMAL ENERGY SYSTEMS - Solar hot water technology consisting of solar thermal
equipment and any related Solar Energy Equipment. Thermal energy is transferred to a heat transfer
system via a collector and heat exchanger.
STORAGE BATTERIES: Devices that store energy and make it available in an electrical form.
STORAGE BATTERY SYSTEMS: One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time. Not to include a stand-alone 12-volt car
battery or an electric motor vehicle.
TOWN BOARD SPECIAL PERMIT- A permit issued by the Town Board pursuant to the provisions
of this Section 366 and in accordance with Section 442.
TCLP: The Toxicity Characteristic Leaching Procedure
366.3 Small Scale Solar Energy Systems.
A Small- Scale Solar Energy System shall be subject to the following requirements:
a. Height. A Ground Mounted Solar Energy System shall not exceed twenty (20) feet in height.
b. Setback. Solar Energy System fencing shall be Seventy-five (75) feet from the side and back
lot lines of the property owner’s lot and Energy System panels must but be at least Twenty-
five (25) feet from the fence to the closest edge of the panel. The front lot lines shall be One
Hundred Fifty (150) feet from the centerline of the road to the fence.
366.4 Building-Mounted Solar Energy Systems. Building-Mounted Solar Energy Systems that use
the energy onsite or offsite shall be exempt from Town Board Site Plan Review.
Town Board Minutes Page 7 September 26, 2023
a. Building-Mounted Solar Energy Systems that use the electricity onsite or offsite are
permitted through a building permit as an accessory use, when attached to any lawfully
permitted building or primary structure that has been issued a Certificate of Completion, a
Certificate of Occupancy or has been certified by a New York State Engineer to be New
York State Building Code Compliant.
b. Height. Shall not result in an increase of the overall structure height by six (6) feet or
more.
366.5 Small Biomass Installations. A small-scale biomass unit used to produce electricity shall not
exceed 1,000 square feet. All installations shall meet all Minimum Yard Depth and Maximum Lot
Coverage Regulations required for the district in which the property is located. (See Sections 342 -
348.) All installations shall meet all State and/or Federal emission regulations.
366.6 Small Scale Wind Installations.
For the purpose of this section 366, the Fall Zone is defined as an area having a radius at least equal to
the highest point of the propeller and/or any attached antennas. The Fall Zone shall be located entirely
on property owned by the applicant; shall not include public roads; and shall not contain any structure
used as habitable space.
All installations shall meet all Minimum Yard Depth Regulations, plus the distance of the Fall Zone, as
well as Maximum Lot Coverage Regulations required for the district in which the property is located.
(See Sections 342 - 348.)
Facilities requiring a tower over 41 feet shall provide certification of seismic design and shall be
inspected every five years for structural integrity by a New York State licensed engineer at the cost of
the applicant, who shall provide a copy of the inspection report to the Code Enforcement Officer.
366.7 Storage Batteries Systems shall be installed with an additional building permit and shall be
placed in a secure container or enclosure when in use. Battery systems requiring cooling, shall be
situated away from residences so noise is minimized, unless other mitigating measures are arranged.
Storage Batteries no longer in use, must be disposed of in a timely manner in accordance with the laws
and regulations of the Town of Groton, Tompkins County, New York State, and all other applicable
laws and regulations.
366.8 Building Permits. No Solar Energy Systems, Storage Batteries Systems, Small Biomass
Installation, and/or Small-Scale Wind Installation shall be constructed or installed without first
obtaining a building permit from the Code Enforcement Officer and shall be installed by a qualified
installer.
366.9 Miscellaneous. The installation of any Solar Energy System, as provided by this law, does not
carry with it a right to a clear line of sight to the sun. It is the responsibility of the applicant, installer or
developer to gain any and all permits, easements or agreements to maintain a line of sight to the sun, if
necessary.
Section 2. Section 367 of the Town of Groton Land Use Code is hereby amended to read:
Section 367. Energy Production - Large Scale 367.1 Purpose. It is the purpose of this section to
advance and protect the public health, safety, and welfare of Town of Groton, including:
a. Protecting our environment and resources for future generations by allowing alternative energy
Town Board Minutes Page 8 September 26, 2023
sources while minimizing the potential for negative impacts of Energy Systems on
environmental resources such as agricultural lands, wetlands, streams, forests, wildlife, and
other valued resources.
b. Managing commercial renewable energy development to provide a balance between energy
needs that provide energy alternatives while respecting our rural agricultural landscape; and
allow for alternative Landowner Income Stream.
c. Maintaining a balance between property rights of individual landowners, property rights and
property values of adjacent landowners, and the rights of community at large.
d. Minimize the potential for unintended consequences of State and Federal energy policies that
may not have considered the unique qualities and character of our community.
367.2 Applicability The requirements of this Section, as amended, shall apply to all Green Energy
Systems installed or modified after the effective date of the local law to amend this Section 367,
excluding general maintenance and normal repairs of such Green Energy Systems. Any repairs that are
material in nature, in the judgment of the Town Board, shall be subject to the requirements of this law.
The requirements of this law must be met and a Town Board Special Permit issued as required by this
Section 367 unless otherwise exempt, prior to or simultaneously with the application for or receipt of
any required building permits.
367.3. Definitions. The definitions of Section 366 shall apply unless otherwise defined herein.
367.4 Large-Scale Wind Installations. Shall include wind turbines that have a primary function of
transferring electricity to a public electric grid but may also be for onsite use.
For the purpose of this section 367 the Fall Zone is defined as an area having a radius at least equal to
the highest point of the propeller and/or any attached antennas. Said area shall be located entirely on
property owned or leased by the applicant or for which the applicant has obtained an easement; shall
not include public roads; and shall not contain any structure used as habitable space. All installations
shall meet all Minimum Yard Depth Regulations, plus the distance of the Fall Zone, as well as
Maximum Lot Coverage Regulations required for the district in which the property is located. (See
Sections 342 – 348)
Facilities requiring a tower over 41 feet shall provide certification of seismic design and shall be
inspected every five years for structural integrity by a New York State licensed engineer at the cost of
the applicant, who shall provide a copy of the inspection report to the Code Enforcement Officer.
367.5 Large-Scale Solar Energy Installations. A large-scale solar installation shall include any
solar photovoltaic cell, panel, or array over 4000 square feet on any one lot that has a primary function
of transferring electricity to a public electric grid but may also be for onsite use.
367.6. Special Permit Requirements.
a. A Special Permit shall be required for a Large-Scale Solar Energy System.
Town Board Minutes Page 9 September 26, 2023
b. A Special Permit shall cease to be valid if Energy System is not fully operational within two
(2) years from the date of the issuance of the Solar Permit In the event a Town Board Special
Permit for a Large-Scale Solar Energy System ceases to be valid pursuant to this Section, any
construction to date shall be deemed to be abandoned.
c. A Town Board Special Permit shall cease to be valid if a building permit is not issued within
one (1) year from the date of the issuance of the Special Permit. A permit may be extended for
up to a year by approval of the Town Board.
367.7 Application Requirements for Large-Scale Solar Energy Systems
Large-Scale Solar Energy Systems are permitted through the issuance of a Town Board Special Permit,
subject to the requirements set forth in Section 442 of the Town of Groton Land Use & Development
Code and shall include the following provisions below. Notwithstanding anything in the Town of
Groton Land Use & Development Code to the contrary, applications for the installation of a Large-
Scale Solar Energy System shall be reviewed by the Town Board which can include approval, approval
with conditions, or denial.
Application Requirements:
a. Equipment Specifications: The equipment specification sheets shall be documented and
submitted for all significant components, including but not limited to, photovoltaic panels,
mounting systems, and inverters that are to be installed.
b. EPA TCLP Certification: All Panels to be installed shall have undergone EPA TCLP
Certification and Documentation of such shall be provided to the Town Board.
c. Nameplate Capacity provide the nameplate capacity of the system for a one-year period.
d. Stormwater Pollution Prevention Plan (SWPPP): Shall be submitted regardless of the claimed
soil disturbance acreage, meeting the requirements set forth in the New York State Department
of Environmental Conservation SPDES General Permit For Stormwater Discharges from
Construction Activity
e. A Decommissioning Plan according to section ]367.9.3] and shall include a Panel End of
Life Plan that includes but is not limited to replacement due to defect, malfunction, or
upgrade by project proponent and any and all subsequent operators of the facility.
f. Host Community Agreement that is mutually agreed upon between the applicant and the
Town Board.
g. Agricultural Activity. If an applicant intends to include agricultural activities in conjunction
with Ground Mounted Solar, applications shall include a detailed site plan with the
dimensions and clearances that define allowance(s) for access of agricultural equipment,
facilities to maintain animal care and feasibility of agricultural related activities on the site.
For buried utilities and conduit, 30 inches or more of soil cover is recommended to allow for
adequate root growth for desired agricultural use.
Town Board Minutes Page 10 September 26, 2023
367.8 Special Permit Standards (Large Scale Solar)
a. Height. Large-Scale Solar Energy Systems shall not exceed twenty (20) feet in height.
b. Setback. Energy System fencing shall be Seventy-five (75) feet from the side and back lot
lines of the property owner’s lot and Energy System panels must but be at least Twenty-five
(25) feet from the fence to the closest edge of the panel. The front lot lines shall be One
Hundred Fifty (150) feet from the centerline of the road to the fence.
c. Lot Size. Large-Scale Energy Systems shall be located on lots with a minimum lot size of 5
acres.
d. Lot Coverage. The enclosed or fenced in area of a Large-Scale Solar Energy System shall
not exceed 75% of the lot on which it is installed.
e. Storage Batteries Systems. When Storage Batteries are included as a part of the Solar
Energy System, they are required to be installed with an additional building permit and must
be placed in a secure container or enclosure when in use. Battery systems requiring cooling,
shall be placed on the farthest portion of the lot away from neighboring homes to minimize
noise, unless other mitigating measures are arranged. Storage Batteries no longer in use,
must be disposed of in a timely manner in accordance with the laws and regulations of the
Town of Groton, Tompkins County, New York State, and all other applicable laws and
regulations.
f. Fencing. All Large-Scale Solar Energy Systems shall be enclosed by fencing to prevent
unauthorized access. Warning signs with the emergency contact information shall be placed
on the entrance and perimeter of the fencing as required in the judgment of the Town Board.
The type of fencing shall be approved by the Town Board and shall be a maximum of 8 feet
and a minimum of 6 feet in height. All Fencing shall be interior to require Vegetation Visual
and Sound Screening.
g. Utility Connections: To the extent reasonably practicable, all utility connections for any
Large-Scale Solar Energy Systems shall be placed underground, depending upon the
appropriate soil conditions, shape and topography of the site and any requirements of the
National Electrical Code utility. Electrical transformers for utility connections may be above
ground if required by the utility provider. For overhead powerlines and utility power pole
installation, ensure that pole placement and the height of the wire will not interfere with the
ability to access lands with harvest equipment. Buried Utilities along Town Right-of-Ways
are subject to a Commercial Road Work Permit.
h. Lighting: All Lighting on site shall be Dark-sky compliant. The Town Board may permit
motion-activated or staff-activated security lighting around the equipment of a Large-Scale
Solar Energy System or accessory structure. Such lighting should only be activated when the
area within the fenced perimeter has been entered. Lighting shall be limited to that minimally
required for safety and operational purposes and shall be reasonably shielded and downcast
from abutting properties.
i. Notifications. Notwithstanding anything to the contrary in the Site Plan Review Law or
SEQRA, any notifications required pursuant to the Site Plan Review Law or SEQRA with
Town Board Minutes Page 11 September 26, 2023
respect to any Solar Energy System shall be sent to all landowners within one (1) mile of the
boundary of the parcel on which the proposed site is located.
j. The project must be installed by a Qualified Solar Installer and shall be built, operated and
maintained to acceptable Industry standards, including but not limited to the most recent,
applicable standards of the Institute of Electric and Electronic Engineers (“IEEE”) and the
American National Standards Institute.
k. Inspections: The Town may cause to inspect all facets of said System’s placement,
construction, modification and maintenance. Any inspections required by the Town Board that
require specialized solar expertise and are beyond the Code Enforcement Officer’s scope or
ability shall be at the expense of the applicant and/or the operator of the System.
l. Location: Large-Scale Solar Energy Systems shall not be located in the following areas unless
otherwise approved by the Town Board in conjunction with the Solar Permit approval process
provided in this section:
1. Areas of potential environmental sensitivity, including Unique Natural Areas as designated
by the Tompkins County Environmental Management Council, flood plains, historic sites,
airports, state-owned lands, conservation easements, trails, parkland, prime soils, and
wetlands as identified by Tompkins County, the New York State Department of
Environmental Conservation or the United States Army Corps of Engineers; and
2. On slopes of greater than fifteen percent (15%).
p. Other. The Town Board may impose conditions on its approval of any Town Board Special
Permit under this Section in order to enforce the standards referred to in this Section or in order
to discharge its obligations under SEQRA.
q. Ownership Changes. If the owner or operator of the Large-Scale Solar Energy System
changes, the Special Permit shall remain in effect, provided that the successor owner or
operator assumes in writing all of the obligations of the decommissioning plan. A new owner
or operator of the Large-Scale Solar Energy System shall notify the Code Enforcement Officer
of such changes in ownership or operator within 30 days of the ownership change.
367.9 Financial Surety
Prior to the issuance of a building permit and every two years thereafter, the Large-Scale Green Energy
System owner and/or operator shall file with the Town evidence of financial security to provide for one
hundred twenty five percent (125%) of the full cost of decommissioning and removal of the system,
which amount shall be subject to an annual escalator of 2%, and shall be revisited every five years to
account for any adjustments in the projected costs of decommissioning. Evidence of financial security
shall be in effect throughout the life of the system and shall be, in the sole discretion of the Town
Board, in a bond or other form of security reasonably acceptable to the Town Board. In the event
ownership of the system is transferred to another party, the new owner (transferee) shall file evidence
of financial security with the Town at the time of transfer. Failure to keep a surety in place as required
by this law shall result in the revocation of the Special Permit and the termination of the project unless
and until such surety is restored; provided, however, that any lapse of a surety in excess of 180 days
shall be deemed an abandonment of the project pursuant to Section 367.11 herein and subject to
Town Board Minutes Page 12 September 26, 2023
complete decommissioning in accordance with this law.
Any applicant for a Special Permit pursuant to this Section 367 shall provide written acknowledgment
by the landowner of the decommissioning plan, which acknowledgment shall include authorization for
the town or its representative to enter upon the land to carry out the decommissioning in the case it is
not decommissioned in accordance with the plan.
367.10 Decommissioning and Removal.
A Large-Scale Solar Energy System which has been abandoned shall be decommissioned and
removed. The Large-Scale Solar Energy System owner and/or owner of the land upon which the
system is located shall be held responsible to physically remove all components of the system within
one year of abandonment. Removal of the Large-Scale Solar Energy System shall be in accordance
with a decommissioning plan approved by the Town Board. A schedule of fines shall be approved and
adopted by the Town Board to be imposed on the Landowner in the event there is a failure to comply.
Decommissioning and removal of a Large-Scale Solar Energy System shall consist of:
a. Physical removal of all above ground and below ground equipment, structures and foundations,
including but not limited to all solar arrays, buildings, towers, blades, security barriers, fences,
electric transmission lines and components, roadways and other physical improvements to the
site related to the Large-Scale Solar Energy System;
b. Disposal of all solid and hazardous waste in accordance with local, state and federal waste
disposal regulations.
c. Restoration of the ground surface and soil.
d. Stabilization and revegetation of the site with native seed mixes and/or plant species (excluding
invasive species) to minimize erosion.
e. Upon petition to the Town Board, the Town Board shall permit the system owner and/or
landowner to leave certain underground or above ground improvements in place, provided the
owner can show that such improvements are part of a plan to redevelop the site, are not
detrimental to such redevelopment, and do not adversely affect community character or the
environment.
f. An estimate of the anticipated operational life of the system.
g. Identification of the party responsible for decommissioning.
h. Description of any agreement with the landowner regarding decommissioning.
i. A schedule showing the time frame over which decommissioning will occur and for completion
of site restoration work.
j. A certified and sealed cost estimate prepared by a qualified structural engineer or professional
engineer, who shall be reasonably acceptable to the Town Board, estimating the full cost of
decommissioning and removal of the system, including, but not limited to, the cost of solid
waste disposal and the cost to clean-up any hazardous waste leakage on the property. No scrap
value shall be taken into account for purposes of estimating these decommissioning and
removal costs. The Town Board shall have the sole discretion to require a structural engineer or
Town Board Minutes Page 13 September 26, 2023
a professional engineer and regardless of which type of engineer is chosen, such engineer shall
be licensed by the State of New York. The Town Board shall have the right, in its sole
discretion, to have this estimate reviewed by an independent structural engineer at the system
owner’s and/or operator’s expense;
k. A financial plan to ensure that financial resources will be available to fully decommission the
site.
367.11 Abandonment
Applicability and purpose. This section governing abandonment and decommissioning shall apply to
Large-Scale Solar Energy Systems. It is the purpose of this section to provide for the safety, health,
protection and general welfare of persons and property in the Town of Groton, by the Town requiring
abandoned Large-Scale Solar Energy Systems to be removed pursuant to a decommissioning plan. The
anticipated useful life of such systems, as well as the volatility of the recently emerging solar industry
where multiple solar companies have filed for bankruptcy, closed or been acquired creates an
environment for systems to be abandoned, thereby creating a negative visual impact on the Town.
Abandoned commercial systems may become unsafe by reason of their energy-producing capabilities,
serve as an attractive nuisance and/or may create an environmental hazard.
a. Abandonment. A Large-Scale Solar Energy System shall be deemed abandoned if the system
fails to generate and transmit electricity over a continuous period of one year. A Large-Scale
Solar Energy System also shall be deemed abandoned if following special permit approval,
construction of the system is not completed within 18 months of issuance of the first building
permit for the project.
b. Extension of time. The time at which a Large-Scale Solar Energy System shall be deemed
abandoned may be extended once, by the Town Board, for an additional period of up to one
year.
367.12 Decommissioning and removal by Town
If the Large-Scale Solar Energy System owner and/or landowner fails to decommission and remove an
abandoned facility in accordance with the requirements of this section, the Town may enter upon the
property to decommission and remove the system.
Procedure. Upon a determination by the Town Board that a Large-Scale Solar Energy System has
been abandoned, the Code Enforcement Officer shall notify the system owner, landowner and
permittee by certified mail: (a) in the case of a facility under construction, failure to complete
construction and installation of the facility within 180 calendar days; or (b) in the case of a fully
constructed facility that has ceased to generate electricity for a continuous period of 12 months the
Town Board will deem the system abandoned and commence action to revoke the Special Permit, and
require removal of the system.
Being so notified, if the system owner, operator, landowner and/or permittee fails to perform as
directed by the Code Enforcement Officer within the 180 day period, the Code Enforcement Officer
shall notify the system owner, operator, landowner and permittee, by certified mail, that the Large-
Scale Green Energy System has been deemed abandoned and the Town intends to revoke the Special
Permit within 60 calendar days of mailing said notice. The notice shall also state that the permittee is
Town Board Minutes Page 14 September 26, 2023
entitled to appeal the decision of the Town Board to the Town Board. The Town Board shall schedule
an appeal hearing no later than 60 calendar days from the receipt of any such written request for an
appeal hearing.
Upon a determination by the Town Board that a Special Permit has been revoked, the
decommissioning plan must be implemented, and the system removed within one year of having been
deemed abandoned or the Town may cause the removal at the owner and/or landowner's expense. If
the owner and/or landowner fails to fully implement the decommissioning plan within one year of
abandonment, the Town may collect the required surety and use said funds to implement the
decommissioning plan.
Removal by Town and reimbursement of Town expenses. Any costs and expenses incurred by the
Town in connection with any proceeding or work performed by the Town or its representatives to
decommission and remove a Large-Scale Solar Energy System, including legal costs and expenses,
shall be reimbursed either from the financial surety posted by the system owner or landowner as
provided in section 367.9 Decommission and Removal Plan herein and/or by the owner of the land
upon which such Large-Scale Energy System is located. Any costs incurred by the Town for
decommissioning and removal that are not paid for or covered by the required surety, including legal
costs, shall be assessed against the property, shall become a lien, and shall be part of the tax payment
and assessed thereon, and shall be enforced and collected, with interest, by the same officer and in the
same manner, by the same proceedings, at the same time and under the same penalties as are provided
by law for the collection and enforcement of real property taxes in the Town.
367.13 Enforcement
Any violation of this law shall be fully subject to the enforcement provisions of Section 402 of this
code or any successor provisions thereunder; provided, however, that in lieu of the monetary fines
and/or civil penalties specified in Section 402 for a First, Second or Third Violation, the monetary
fines and/or civil penalties for any such violations shall be Five Hundred Dollars ($500) per day.
367.14 Application Fee
An application fee, as determined by the Town Board, shall accompany the application for a Large-
Scale Energy System. The amount of such required Large-Scale Energy System fees may be revised
from time to time by the Town Board in the future by resolution.
367.15 Escrow Account
After an application for a Large-Scale Solar Energy system has been submitted and the Town Board
determines by resolution that significant review costs will be incurred, the applicant shall deliver an
amount as determined by the Town Board as specifically agreed upon between the Town and the
applicant, to be held in escrow during the application review process. The sum shall be held by the
Town in a non-interest-bearing account and these funds shall be available to the Town to pay for the
costs of reviewing the application, including, but not limited to, the costs of consultants engaged by the
Town to assist in any review of the application as well as any costs related to any related notices and/or
hearings. Following grant or denial of the application, the Town shall return to the applicant any excess
remaining in escrow. If the escrow account has been depleted prior to grant or denial of the
application, the applicant shall deposit such funds as are then necessary for the Town to pay any
outstanding fees before the Town is required to proceed with any further review of the project.
Town Board Minutes Page 15 September 26, 2023
367.16 PILOT Agreements
Nothing in this Law shall be read as limiting the ability of the Town Board to enter into Payment in
Lieu of Taxes (PILOT) agreements or other agreements with any applicant to compensate the Town
for expenses or impacts on the community.
367.17 Miscellaneous.
The installation of any Large-Scale Energy System, as provided by this law, does not carry with it a
right to a clear line of sight to the sun. It is the responsibility of the applicant, installer or developer to
gain any and all permits, easements or agreements to maintain a line of sight to the sun, if necessary.
367.18 Building Permits.
Large-Scale Solar Energy Systems, Storage Batteries Systems, Large-Scale Wind Installation shall be
constructed or installed without first obtaining a building permit from the Code Enforcement Officer
and shall be installed by a qualified installer.
367.19 Storage Batteries Systems.
When Storage Batteries are included as a part of the Large-Scale Solar Energy System, they are
required to be installed with an additional building permit and must be placed in a secure container or
enclosure when in use. Battery systems requiring cooling, shall be placed on the farthest portion of the
lot away from neighboring homes to minimize noise, unless other mitigating measures are arranged.
Storage Batteries no longer in use, must be disposed of in a timely manner in accordance with the laws
and regulations of the Town of Groton, Tompkins County, New York State, and all other applicable
laws and regulations.
Be it enacted by the Town Board of the Town of Groton, New York, as follows:
Section 3. Section 442 of the Town of Groton Land Use Code 2011 is hereby amended to read:
Section 442 Special Permit Review
442.1 Authorization
The Town Board reserves Special Permit review authority to itself pursuant to New York State Town
Law Section 274-b and to review and approve, approve with modifications and/or conditions, or
disapprove any proposal to develop land subject to Special Permit review as set forth in Article 3 of
this Code.
442.2 Application
An application for Special Permit approval shall be made in writing to the Town Board and shall be
accompanied by the following information:
a. A completed and signed application form. Incomplete applications, not meeting the
requirements stated herein, or which are otherwise incomplete, shall be notified of the
information required for completeness. If, after notification, no additional information is
forthcoming and the file has remained inactive for a period exceeding 90 days, the Town Board
may reject the application for neglect to proceed.
b. Two prints of the proposed project site plan on no larger than 11 by 17-inch paper.
Town Board Minutes Page 16 September 26, 2023
c. Where the project that is the subject of the Special Permit involves any construction,
modification, alteration to the property where the project will be located, the applicant for the
Special Permit shall provide the following, as applicable:
i. Title block showing name of project, title of each drawing, name and address of applicant
and person responsible for preparation of drawing, and date of drawing.
ii. North arrow and drawing scale in graphic form.
iii. Size, location, design, construction materials and use of all existing and/or proposed
buildings and structures, access drives, above and below ground utilities and other
improvements to the site.
iv. Location and design of outdoor storage areas or facilities.
v. Location of any proposed illuminated area and design of outdoor lighting facilities.
vi. Description of the method for securing potable water and location, design, and
construction materials of such facilities if applicable.
vii. Location, size, design, and construction materials of all proposed signs.
viii. Designation of the amount and location of building area(s) proposed for each activity type.
ix. Location, size, design and materials of proposed security such as fencing or gates.
x. Description of the method of sewerage treatment and disposal and location, design, and
construction materials of such facilities.
xi. Location, design, and construction materials of all energy distribution facilities, including
electrical, gas, and solar or wind energy systems.
2. Water/Stormwater
i. Existing watercourses and water bodies, both natural and man-made, as well as wetlands.
ii. Using two-foot contour topographic data, the proposed grading and drainage plan, showing
existing and proposed contours
iii. Completed Stormwater Pollution Prevention Plan (SWPPP)
3. Street Design
i. Location and design of new roads, streets, intersections, and access according to sections
272 of the Land Use code.
ii. Location of all adjacent streets and highways, both public and private.
iii. Location, design, and construction materials of all parking and truck loading areas,
showing access and egress.
iv. Provision for pedestrians.
v. Location, design and construction materials of all proposed site utilities and other
improvements, including drains, culverts, retaining walls, above and below ground utilities
and storm water management facilities.
vi. Location of emergency vehicle access, turnarounds, emergency zones, and proposed fire
hydrants.
4. Landscaping/Property maintenance
i. Location and description of all existing vegetation on the site.
ii. The Town Board may request a completed Visual Impact and Screening Plan prepared by
a Registered Landscape Architect to include line of sight height for impacted neighboring
properties and roadways, regardless of topographical extremes. The screening plan will
consider the soil, climate, topography, maturity and longevity for vegetative buffers to
avoid adverse aesthetic impacts and glare.
Town Board Minutes Page 17 September 26, 2023
iii. For any Energy Production installations as described in Sections 366 and 367, a property
maintenance plan detailing scheduled mowing, trimming, and beautification planting or
copies of post construction recommendations; monitoring, remediation and maintenance
consideration plans provided to the landowner.
d. The Town Board has the discretion to request a completed Noise Impact Study to include sound
impacts at multiple locations as identified by a registered professional engineer. The study must
identify locations that include multiple topographical elevations where applicable. Proposed
mitigation measures shall include vegetation suitable to reduce consistent, periodic, or intermittent
operational sounds. This may require tight shrubbery or hedge type configuration with little or no
ground clearance.
e. Completed Fire Safety Plan approved by the Fire Department having jurisdiction to provide for
adequate fire suppression services to the site.
f. If applicable, completed and signed Part I section of the Short Environmental Assessment Form
SEAF) or the Long Environmental Assessment Form (LEAF), as determined by 6 NYCRR Part
617.
g. Completed Agricultural Data Statement if property is located within an Agricultural District.
h. Payment of all application fees as established by resolution of the Town Board.
i. Other elements integral to the proposed development as considered necessary by the Town Board,
including identification of any Federal, State, or County permits required for the project’s
execution.
The Town Board reserves the right to request additional information related to the above submission
materials as considered reasonably necessary and may choose to waive specific requirements in
certain situations in its discretion or upon recommendation of the Code Enforcement Officer.
The receipt of the application shall be considered to be the date on which the application, complete and
accompanied by the required fee, all data required by Section 442.2 of these regulations, and any
additional information required by the Town Board has been filed with the Town Clerk
442.3 Review Procedure
In reviewing Special Permit applications, the Town Board is free to consider any matter related to
public welfare in determining whether a particular Special Permit use is appropriate in a particular
location. In addition to applying any standards that may be set forth in Article 3 of this Code, the Town
Board, in its deliberations may consider, among other things, whether:
a. The health, safety, and general welfare of the community are being promoted.
b. The proposed land use is in harmony with the intent and general purpose of this Code.
c. The premises are reasonably adapted to the proposed use and the proposed use and location and
design of any building, structure, or other improvements will be consistent with the character of
the district in which it is proposed to be located.
Town Board Minutes Page 18 September 26, 2023
d. The proposed land use will not pose a detriment to the neighborhood character to the extent
sufficient to devalue neighboring property.
e. The proposed land use will not adversely impact the quality of life for residents.
f. The proposed land use will not exceed the capacity of community infrastructure and services,
including, but not limited to, roads, water, sewerage, garbage collection, schools, fire, police, and
emergency services.
g. The potential noise, fumes, vibrations, illumination, or other potential nuisances that may result
from the proposed land use will not be more objectionable to nearby properties than that of any
other use permitted within the Zoning District in which the use is proposed.
442.4 Consultant Review.
The Town Board reserves the right to have an applicant’s engineering drawings, opinions, plans or
conclusions reviewed by an engineer hired by the Town, the cost of which shall be reimbursed by the
applicant. The Town Board may consult with any local, County, State, Federal or private individual or
agency in the course of its deliberations on any application. Any cost for consultant review may be
charged to the applicant.
442.5 Referral to County Planning Department
Referral to Tompkins County Planning Department shall be made as required pursuant to New York
General Municipal Law. If referral is required, no decision shall be made until a response has been
received or a 30-day timeframe for commenting has expired as provided by General Municipal Law
Section 239 (l & m).
442.6 State Environmental Quality Review
The Town Board shall attempt to integrate, as appropriate, Special Permit review as required by this
Section to be done in parallel with the procedural requirements of SEQRA review.
442.7 Public Hearing
Within 62 days of the receipt of the application for the Special Permit, the Town Board shall hold a
Public Hearing, which shall be advertised in the official Town newspaper at least 5 days before such
Public Hearing. The applicant and any others having jurisdiction shall be notified at least 10 days
before such Public Hearing.
442.8 Action on Application for Special Permit
Within 62 days after the close of the Public Hearing, the Town Board shall act, by resolution, to
approve, approve with modifications and/or conditions, or disapprove the application for Special
Permit. A copy of the resolution shall be filed with the Town Clerk and a copy forwarded to the
applicant within 5 days of the decision. The Town Board’s resolution approving the Special Permit
may include reasonable conditions including modifications or conditions. Conditions and/or
modifications imposed by the Town Board shall be sufficiently clear and definite so that the applicant
and the public are not left in doubt regarding the parameters of the Special Permit and the obligations
imposed on the applicant. Conformance with specified modifications and/or conditions shall be
considered a condition of the Special Permit. If the Special Permit is not approved by the Town Board,
the resolution shall clearly state the reasons why.
Town Board Minutes Page 19 September 26, 2023
442.9 Reimbursable Costs
Costs incurred by the Town Board in connection with the review of a proposed Special Permit shall be
charged to the applicant. These costs shall include:
a. The cost of advertising fees for Public Hearings.
b. Costs incurred by the Town of Groton for engineering, planning, legal and other necessary
expenses for the purpose of reviewing any application.
c. Costs incurred by the Town of Groton for the review and/or preparation of an Environmental
Impact Statement if said statement is necessary. Such reimbursable costs shall be paid to the Town
of Groton prior to the issuance of any required Building Permit and/or Special Permit.
442.10 Issuance of Permits
Upon approval or approval with modifications of a special permit, copies of permits issued by other
government agencies, payment of all applicable fees and reimbursement costs to the Town of Groton,
the Code Enforcement Officer may proceed with any Building Permit applications. No building permit
or Certificate of Completion or Certificate of Occupancy shall be issued in connection with a Special
Permit until the Code Enforcement Officer is satisfied that all conditions and requirements set forth in
this article have been met or that a variance thereof has been duly granted.
442.11 Inspection of Improvements and Emergency Contact
The Code Enforcement Officer shall be responsible for the overall inspection of site improvements.
With respect to Large-Scale Solar Energy Systems, if an unsafe condition exists, the applicant shall
have 10 days to complete the correction or file a written plan with the Code Official. If the unsafe
condition poses a serious risk to bodily injury or significant property damage, the Code Official shall
require the facility be dismantled as per the decommissioning plan. If it is the intent of the facility to
continue operation, the unsafe system(s) shall be dismantled in accordance with a demolition permit
and a new Special Permit review will be required. Emergency contact information shall be clearly
marked at the site as well as copies of such issued to the Town Clerk and Tompkins County
Emergency Response. This information is to be updated yearly or in the event of an ownership change.
An Operating Permit may be required for certain land uses and shall follow the inspection schedule set
by the code official.
442.12 Stop Work Order and/or Order to Remedy
If the Code Enforcement Officer determines that there has been a deviation from the plans upon which
the Special Permit approval, subsequent Building Permit or Operating Permit were based in a manner
which is significant in terms of the purposes and requirements of this Code, the Code Enforcement
Officer shall issue a stop work order and/or order to remedy., and shall notify the applicant by official
correspondence, place copies in the file and make a report to the Town Board.
442.13 Term Limitations
A new Special Permit approval shall be required for abandoned, discontinued, or modified plans.
Extensions may be granted by a Town Board resolution.
Section 4. Severability
Town Board Minutes Page 20 September 26, 2023
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or
phrase of the aforementioned sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section,
subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and
effect.
Section 5. Effective Date.
This local law shall be effective immediately upon filing with the Secretary of State.
RESOLUTION #23‐088 –SET A PUBLIC HEARING & SPECIAL MEETING REGARDING
LOCAL LAW #2 OF 2023 FOR OCTOBER 30, 2023 AT 7:00PM
MOTION BY Supervisor Scheffler, seconded by Councilperson Clark to set a Public Hearing and
Special Meeting for Local Law #2 of 2023 to amend Sections 366, 367 and 442 of the Town of Groton
Land Use Code for October 30, 2023 at 7:00PM. Actions regarding SEQR review on the unlisted
action may be attended to at the special meeting immediately following the public hearing.
Ayes – Clark, Young, Klumpp, Scheffler Resolution Passed
Nays -
Designating Authority to sign the Greater Tompkins County Municipal Health Insurance Agreement.
The Insurance Consortium has several participants. As different municipalities or districts come and
go these changes are difficult to track. To expedite agreements being properly signed, copies of a
resolution giving the office of the Town Supervisor (no matter who is elected) authority to sign the
agreement or a resolution that remains at the discretion of a Board Resolution were provided to the
board.
RESOLUTION #23-089- APPROVAL OF THE 2023 AMENDMENT TO THE
MUNICIPAL COOPERATIVE AGREEMENT FOR THE GREATER TOMPKINS
COUNTY MUNICIPAL HEALTH INSURANCE CONSORTIUM WHERE THE
TOWN BOARD RETAINS RESOLUTION AUTHORITY.
MOVED by Supervisor Scheffler, seconded by Councilperson Klumpp,
WHEREAS, the Town of Groton is a Participant in the Greater Tompkins County Municipal
Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47
of the New York Insurance Law, and
WHEREAS, the municipal participants in the Consortium, including this body, have
approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date
of October 1, 2010), and
WHEREAS, Article 47 of the New York Insurance Law (the "Insurance Law") and the rules
and regulations of the New York State Department of Financial Services set forth certain requirements
for governance of municipal cooperatives that offer self-insured municipal cooperative health
insurance plans that requires any amendments or restatements thereto, shall be subject to Board
review and upon acceptance of any new Participant hereafter, and
Town Board Minutes Page 21 September 26, 2023
WHEREAS, the Municipal Cooperative Agreement requires that amendments to the
agreement be presented to each participant for review and adopted by a majority vote by its municipal
board, and
WHEREAS, the Groton Town Board is in receipt of the proposed amended Agreement and
has determined that it is in the best interest of its constituents who are served by the Consortium to
amend the Agreement as set forth in the Amended Municipal Cooperative Agreement, now therefore
be it
RESOLVED, that upon receipt and review of the amended Agreement, the Groton Town
Board approves at a meeting of the governing body held on September 26, 2023 and authorizes the
Chief Elected Official to sign the 2023 Amendment to the Municipal Cooperative Agreement of the
Greater Tompkins County Municipal Health Insurance Consortium as recommended by the Board of
Directors.
Ayes – Clark, Young, Klumpp, Scheffler Resolution Passed
Nays -
A general discussion regarding the budget commenced with Councilperson Young seeking various
ways to save money. Councilperson Clark asked about the overall financial status of the Town and
how raises could be attained and still stay under the 2% tax cap. Supervisor Scheffler advised the board
that changes could be made to the budget and discussed at the next meeting. Sales tax has been up
which has helped support the budget, but you don’t always want to rely on that. The comptroller also
made recommendations last year to increase the equipment & machinery line items by $25,000 each
year. Councilperson Clark asked if additional cuts could be made, and Supervisor Scheffler stated
changes could be debated at the next board meeting on October 10th or on the 24th at the public hearing
so there are a couple of chances yet. If you want to raise line items, you can find it someplace else or
raise the tax cap. Councilperson Klumpp recognized no one wants to raise taxes but the inflation
situation the town is in with fuel, asphalt, parts and supply costs increasing is beyond our control.
Privilege of the Floor
No one wished to speak.
Announcements:
• Opening for a Substitute Crossing Guard
There being no further business, Councilperson Young moved to adjourn, seconded by Councilperson
Klumpp, at 8:35 p.m. Unanimous.
Robin Cargian, RMC
Town Clerk/Tax Collector