HomeMy WebLinkAbout11-14-2023 Reg meeting & Pub hearing Proposed Local Law #4TOWN OF GROTON –MEETING MINUTES OF TOWN BOARD
PUBLIC HEARING ON PROPOSED LOCAL LAW #4
TUESDAY, NOVEMBER 14, 2023 AT 7:30 PM
Town Officers Present: Town Officers Absent: Also Present:
Donald F. Scheffler, Supervisor W. Rick Fritz, Code Official Susan Cerretani
Crystal Young, Councilperson Dan Cerretani
Sheldon C. Clark, Councilperson Dan Carey
Richard Gamel, Councilperson
Brian Klumpp, Councilperson
Robin Cargian, Town Clerk
Julie Graham, Bookkeeper
Ellard Keister, Highway Supt.
Mack Rankin, Dept. Highway
Francis Casullo, Attorney
The meeting was called into session with the Pledge of Allegiance at 7:30 PM.
MOVED by Councilperson Klumpp, seconded by Councilperson Gamel to approve the Town Board Meeting
minutes of October 10th, October 24th, and the October 30th and November 2nd Public Hearings.
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Motion Passed
RESOLUTION #23-102‐ APPROVE PAYMENT OF INVOICES
MOVED by Supervisor Scheffler, seconded by Councilperson Young,
WHEREAS, vouchers for Abstract #11 for the Year 2023, numbered 432- 476 were reviewed and
and audited by the Town Board, be it
RESOLVED, that the Town Board hereby approves said vouchers which will make the accounts in the Total
amounts as follows:
A GENERAL FUND 10,482.44
B GENERAL FUND PART TOWN 85.88
DA HIGHWAY FUND 35,764.19
DB HIGHWAY FUND PART TOWN 35,223.62
SL2- PERUVILLE LIGHTING DISTRICT 91.90
SLl- MCLEAN LIGHTING DISTRICT 188.26
Total $81,836.29
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays -
Monthly Reports
Julie Graham, Bookkeeper – My report has been submitted, and there are Budget Adjustments.
Town Board Minutes Page 2 November 14, 2023
RESOLUTION #23-103- -APPROVE BUDGET ADJUSTMENTS
MOVED by Supervisor Scheffler, seconded by Councilperson Gamel to approve the Budget Adjustments
DB3501 Chips Revenue $41,802.77
To: DB5112.2 Chips Expenditures $41,802.77
A1990.4 Contingency $412.00
To A1910.4 Unallocated Insurance- Contractual $412.00
(For Rental Equipment Coverage)
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays -
W. Rick Fritz, Code/Fire Enforcement Officer submitted the following report.
Building Permits Issued:1
Permits Completed: 7 Fire Safety Inspection 0 Training: 2hrs.
Permits Renewed:0 Building Inspections: 35 Complaints: 4
Zoning Permits:0 Certificates of Occupancy/Completion:7 Violation Notices:0
Site Plan Reviews:2 Subdivisions:0
Life Safety Inspections October 2023
Inspected - 17 Completed -16 Total 2023 Inspected -31 Total 2023 Completed - 30
Town Clerk, Robin Cargian: The monthly report has been submitted. You also have a request for Denise and I
to attend a Town Clerk’s regional training in Geneva on December 4, 2023, in your packets.
Attorney for the Town, Fran Casullo: Nothing to report.
Recreation Coordinator, Councilperson Young: The Trunk or Treat was very well attended by at least 400
children. A big thank you goes to Ellard and the guys for setting up the Town Highway Barn and handing out
candy. Adult coed volleyball will be starting up again after the holidays. The concert series bands and food
trucks are booked. The Legion will be adding more kid-friendly activities including a bounce house and yard
games. We are working with the school to address building use.
Ellard Keister, Highway Superintendent: Getting ready for winter. I want to thank Mack and Dale for
handing out candy at the Trick or Treat event. Our brush head came in today. We are on track.
Supervisor Scheffler, CS Energy: Yellow Barn Solar filed their application with the NYS Office of Renewable
Energy Siting for a solar facility in the towns of Groton and Lansing on November 2, 2023, and we were
notified of the filing in the afternoon of November 3rd. We have 30 days from the date of filing to apply for
intervenor funds to cover the town's expenses. We received 2 hard copies on Friday which weigh forty pounds,
are 16 inches thick, and take 21 hours to leaf through and look at let alone study. Some sections, such as the
effects on rare or endangered species, have been redacted as not for public disclosure. There is one section of 6
to 7 pages of solid black ink. When I asked about this I was told it is not for public knowledge. Fran and I are in
regular contact with the attorneys, and the Town of Lansing, and expect it to get busier shortly.
Attorney for the Town, Fran Casullo: Don is correct, there are now critical timelines that come into effect. I
have spoken with Allison and Paul Sylvestri who are creating the application for the intervenor funds. The State
has 60 days to determine if their application is complete and 30 days to get a permit. Don is further ahead than
all of us, I am through one and three quarters.
Supervisor Scheffler, CS Energy: We have asked for a non-disclosure agreement to find out about the nature
of the redacted information as we have been told that it is not for public use. If it is about endangered species, I
know they will not release that information for fear the public might go looking for the protected bird or animal
and disturb it. The index is also redacted so it is hard to tell.
Town Board Minutes Page 3 November 14, 2023
Tax Deadline for Seniors
RESOLUTION #23-104 – APPROVE EXTENDING DEADLINE TO PAY TAXES WITHOUT
PENALTY FOR SENIOR CITIZENS
MOVED by Supervisor Scheffler, seconded by Councilperson Gamel
RESOLVED, that the Town Board hereby authorizes the extension of five business days for the payment of
taxes in full, without interest or penalty, to Town of Groton resident senior citizens who receive either the
Enhanced STAR exemption or a Senior Exemption on their principal residence within the Town of Groton. Said
extension shall apply to their principal residence only.
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays -
Court Security Agreement
RESOLUTION #23-105 – APPROVE THE COURT SECURITY AGREEMENT WITH THE
VILLAGE OF GROTON AND AUTHORIZE THE TOWN SUPERVISOR TO SIGN
MOTION BY Councilperson Gamel, second by Councilperson Klumpp to approve the court security agreement
for 2024 as presented and authorize the Town Supervisor to sign it.
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays -
Municipal Split Host Community Agreement
RESOLUTION #23-106 – APPROVE HOST COMMUNITY AGREEMENT FUND SPLIT
MOVED by Supervisor Scheffler, seconded by Councilperson Young,
WHEREAS, The Towns of Groton and Lansing are cooperating fully in discussions, negotiations, and
agreements pertaining to the Yellow Barn Solar project proposed in both Towns, and
WHEREAS, the Town of Groton will be subject to a major portion of the solar panel land use, while the Town
of Lansing will be host to the transformer station, and
WHEREAS, the Town of Lansing has agreed to be the depository and disburser of funds to cover legal and
engineering costs incurred by the Towns, and
WHEREAS, the Town Supervisors have agreed to an equitable split of Host Community Agreement funds, be
it hereby
RESOLVED, that the Town Board of the Town of Groton hereby approves a municipal split of any Host
Community Agreement funds, pertaining to the Yellow Barn Solar Project, not paid through a Payment in Lieu
of Taxes (PILOT) between the Towns of Groton And Lansing, with the Town of Groton to receive 55% of the
total and the Town of Lansing to receive 45% of any payments, whether paid in lump sum or periodically.
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays -
Town Clerk Regional Meeting
RESOLUTION #23-107 – APPROVE THE TOWN CLERK AND DEPUTY ATTENDING
NYSTCA REGIONAL MEETING AND TRAINING
MOTION BY Councilperson Klumpp, second by Councilperson Gamel to approve the Town Clerk and Deputy
Town Clerk attend the NYSTCA meeting and training on December 4th in Geneva N.Y.
Town Board Minutes Page 4 November 14, 2023
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays -
Announcements:
The Zoning Board of Appeals, Meeting has been canceled.
Planning Board Meeting, Thursday, November 16, 2023, Brian
NYSEG Winter fuel Saving tips will be in my office. Please, everyone, check on your neighbors.
Councilperson Young gave an update on the Groton NY Forward Grant application which was one of only four
selected to provide a presentation. Credit was given to Leon Brockway Jr. and Margo Martin for the wonderful
demonstration and they expect to hear the outcome sometime in the spring of next year.
PUBLIC HEARING ON PROPOSED LOCAL LAW #4 TO EXTEND THE MORATORIUM ON
COMMERCIAL SOLAR ENERGY
The notice duly published in the Cortland Standard with an affidavit was read by the Town Clerk, Robin
Cargian. No written comments regarding the proposed law were submitted to her. The Town Supervisor read the
proposed law approved by resolution 23-098.
PROPOSED LOCAL LAW NO. 4 OF 2023
TO EXTEND A MORATORIUM ON
COMMERCIAL SOLAR ENERGY SYSTEMS
IN THE TOWN OF GROTON
Be it enacted by the Town Board of the Town of Groton as follows:
Section 1. Title
This local law shall be referred to as the “Local Law Moratorium Extension on Commercial Solar
Energy Systems in the Town of Groton.”
Section 2. Authority and Intent.
Pursuant to the statutory powers vested in the Town Board of the Town of Groton (the “Town Board”)
by the New York State Constitution and New York Municipal Home Rule Law §10, to regulate and control land
use and to protect the health, safety and welfare of its residents, the Town Board hereby enacts a three (3) month
extension on the moratorium on the issuance of approvals and permits for Commercial Solar Energy Systems (as
defined below) within the Town of Groton.
The original moratorium was enacted through the adoption of Local Law No. 2 of 2022 filed with the
Department of State on November 18, 2022, establishing a moratorium for a period of six months (the “Original
Moratorium”). The Original Moratorium authorized the Town Board to extend the moratorium for an additional
six-month period pursuant to Resolution by the Town Board. The Town Board passed such a resolution
extending the Original Moratorium for an additional six months on April 14, 2023. The Original Moratorium
with its six-month extension will expire on November 18, 2023.
Section 3. Legislative findings
The Town Board desires to continue its review on a comprehensive, Town-wide basis the laws and
zoning regulations currently in place regulating land uses relating to Commercial Solar Energy Systems,
including solar panels or solar installations and to amend, if necessary, such laws and zoning regulations. The
Town Board is concerned that approval of Commercial Solar Energy Systems under the Town’s existing laws
may not support the best uses for the agricultural lands within the Town of Groton and that such uses could be
Town Board Minutes Page 5 November 14, 2023
located in unsuitable areas within the Town and/or on particular lots without adequate dimensional regulations
in place.
The purpose of this local law is to extend the Original Moratorium and its temporary prohibition on the
processing and approval of any application for a permit to construct and/or install Commercial Solar Energy
Systems in the Town of Groton until the Town Board can analyze and enact legislation to carefully integrate
Commercial Solar Energy Systems within the Town’s existing pattern of predominately agricultural and
residential land use. By extending the Original Moratorium, the Town Board can continue to evaluate standards
for Commercial Solar Energy Systems in an orderly manner, that will allow for continued economic
development, while remaining protective of property rights and existing community character.
Section 4. Definitions
“Commercial Solar Energy Systems” shall be broadly construed to mean any installation of solar panels,
equipment and/or buildings or structures constructed with an intention of generating power from the sun and
converting such power into electricity for resale to or by a third party.
Not included within the scope of this moratorium are (1) large scale solar energy projects that are
subject to the siting and permitting authority of the New York State Office of Renewable Energy Siting under
the New York Executive Law § 94-c process and (2) any solar panel collection system or array constructed by
individual landowners, homeowners or farmers for their own personal use, or the use of a business owned by
them.
Section 5. Moratorium Imposed
The Original Moratorium is hereby extended for an additional three (3) months pursuant to this Local
Law (the “Moratorium”). Until the Moratorium expires, neither the Town Board, the Planning Board of the
Town of Groton, the Zoning Board of Appeals of the Town of Groton, nor the Code Enforcement Officer shall
grant any approval or issue any permit that would result in the establishment, placement, construction,
installation, enlargement or erection of Commercial Solar Energy Systems in the Town of Groton, and no such
application, pending or otherwise, shall be either deemed complete or processed for a hearing before any agency
or board.
This moratorium shall apply to all zoning districts and all real property within the Town of Groton.
Section 6. Variance
Any property owner affected by this moratorium may apply to the Zoning Board of Appeals and make
use of the existing variance procedures under the zoning laws and regulations of the Town of Groton to seek
relief from the restrictions of this local law.
Section 7. Supersession
All local laws, ordinances, resolutions, and other enactments of the Town of Groton in conflict with the
provision of this local law are hereby superseded to the extent necessary to give the terms of this local law full
force and effect. To the extent that any law, ordinance, rule, or regulation, or parts thereof, are in conflict with
the provisions of this local law, including all provisions of Article 16 of the New York State Town Law
concerning special use permit, site plan, building permit, and certificate of occupancy procedures and
requirements, this local law
shall control and supersede such law, ordinance, rule or regulation.
Section 8. Term
The moratorium imposed by this local law shall take effect immediately when it is filed in the Office of
the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law and
Town Board Minutes Page 6 November 14, 2023
shall last until the first to occur of: (1) the repeal of this local law; (2) the enactment of a local law by the Town
Board regulating Commercial Solar Energy Systems; (3) the enactment by the Town Board of a resolution
indicating the Town Board is satisfied that the need for the moratorium no longer exists; or (4) the date three (3)
months from the effective date.
Section 9. Penalties for Offenses
Any person who shall violate any provision of this local law, shall be guilty of:
1. A violation and subject to a fine of not exceeding $1,000 per offense; and
2. Injunctive relief in favor of the Town to cease any and all such actions which conflict with this local
law and, if necessary, to remove any construction or improvements which may have been built in
violation of this local law.
Each week’s violation shall constitute a separate offense. It shall be the duty of the Code Enforcement
Officer to enforce the provisions of this local law.
Section 10. Severability
If any portion, subsection, sentence, clause, or phrase of this local law is for any reason held invalid or
unconstitutional by any court, such portion, subsection, sentence, clause, or phrase shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining portion of this
local law.
Section 11. Effective Date
This local law shall take effect immediately upon its filing with the Office of the New York State
Secretary of State in accordance with the New York Municipal Home Rule Law and shall remain in force and
effect for a period of three (3) months from the date of such filing.
MOVED by Supervisor Scheffler, seconded by Councilperson Klumpp, to open the Public Hearing on proposed
Local Law #4, to Extend the Moratorium on Commercial Solar Energy.
Ayes – Clark, Young, Klumpp, Gamel, Scheffler
Nays-
Dan Cerretani: 394 Davis Rd., I also serve on the Planning Board. Just a couple of questions, why is the
moratorium for 3 months and could you help me out with the process? I know a lot of study has been going on
but how do you see that unfolding and coming up with the recommendation, and then what happens at that
stage? The third question is how does this relate to the Comprehensive Plan and if it does, is it at all based on
your reading of the proposal?
Supervisor Scheffler- We were very close to passing it but received comments from the County that made a lot
of sense, so we need some time to incorporate those comments. We didn’t want to extend it any longer than we
had to and figured 3 months would do it. We had a committee that worked on the law, made comments and
suggestions to change the code and a draft was written.
Councilperson Klumpp- We got a final draft that was approved and sent to the County to add their comments
which we just got back recently. With the deadline for the last moratorium coming up, we needed to extend it
those 3 months for the attorneys to make those revisions.
Attorney for the Town, Fran Casullo – Well I think too, the county did a good job looking at the proposal
which came late, not anyone’s fault, the board wants to extend the moratorium for a shorter period just so we
more adequately address the recommendations made by the County Planning Department.
Town Board Minutes Page 7 November 14, 2023
Dan Cerretani- Once the final is in good shape, will the public have a chance to see it before it gets voted on?
Attorney for the Town, Fran Casullo- Once the Town Board feels they are satisfied with the proposed local
law, there will be another public hearing where you will have the opportunity to see it well before the public
hearing and then have public comment.
Councilperson Klumpp- Correct me if I am wrong, but this will all get entered into the Land Use Code.
Town Clerk, Cargian- Copies are here and the process starts at the September 26th meeting minutes. This is the
law before the county’s suggestions which we have about five to look at. If you can’t find them on the website, I
will be happy to send them to you. You will have another opportunity for a public hearing.
Dan Cerretani- There is a small committee that spearheaded this, who was on that committee?
Councilperson Klumpp- Myself, Dan Carey, and Barry Siebe.
Dan Cerretani – How does this relate to the comprehensive plan?
Supervisor Scheffler- It doesn’t change it.
Dan Cerretani- The status of the comprehensive plan is another question for another time. I am glad we are
doing this, I think it is wonderful because it is a big issue that we have to deal with. Thank you very much for
your efforts, especially the committee. I know you guys have been up to your ears.
Dan Carey- Lick St, I just want to express that I am in favor of the extension.
With everyone heard who wished to be heard, a MOTION TO Close the public hearing at 8:14 PM was made
by Councilperson Klumpp, seconded by Councilperson Gamel.
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays –
Attorney for the Town, Fran Casullo- The proposed local law to extend a moratorium is not subject to SEQR.
RESOLUTION #23-108 - APPROVE PROPOSED LOCAL LAW #4 TO EXTEND THE
MORATORIUM ON COMMERCIAL SOLAR ENERGY
MOVED by Supervisor Scheffler, seconded by Councilperson Young
RESOLVED, that the Town Board hereby approves proposed local law #4 (which will be filed as local law #2
with the State of New York) to extend the moratorium of commercial solar energy in the Town of Groton.
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays -
There being no further business, Councilperson Gamel moved to adjourn, seconded by Councilperson
Young, at 8:17 PM Unanimous.
Robin Cargian, RMC
Town Clerk/Tax Collector