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HomeMy WebLinkAbout9-10-2024 Town Board Meeting Minutes & Public heaing Local Laws #5TOWN OF GROTON –MINUTES OF THE TOWN BOARD PUBLIC HEARINGS REGARDING LOCAL LAW #5 OF 2024 LICENSING AND CONTROL OF DOGS SITE PLAN REVIEW OF PROJECTS #1 & #2 DELAWARE RIVER SOLAR TUESDAY, SEPTEMBER 10, 2024, AT 7:30 PM Town Officers Present: Town Officers Absent: Also Present: Donald F. Scheffler, Supervisor Molly Messenger, DR Solar Crystal Young, Councilperson Melissa Melko, DR Solar Richard Gamel, Councilperson Dan Carey, AG Committee Brian Klumpp, Councilperson David Durrett, Ithaca Times Sheldon C. Clark, Councilperson Chris Skawski, CCE TC Ellard Keister, Highway Supt. Evan Callahan Mack Rankin, Dept. Highway Matt Karp Francis Casullo, Attorney Charlotte Moore W. Rick Fritz, Code Official Frank & Lisa Yager Julie Graham, Bookkeeper Jesse Young Robin Cargian, Town Clerk Carolann Darling, ZBA Chair Monica Carey, Groton Planning Board Usman Chaundry Linda Competillo Margo Martin Keith Kerby Barry Siebe, County Environmental Council Representative Terry Conway Peg Palmer Doug VanBenschoten Steve Breeds Sam Sweeney Peter Bennedy Susan Ditson David Swanson Dorothy Pomponio 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 August 13, 2024. Ayes – Clark, Young, Klumpp, Gamel, Scheffler Motion Passed RESOLUTION #24-071‐ APPROVE PAYMENT OF INVOICES MOVED by Councilperson Young, seconded by Councilperson Gamel WHEREAS vouchers for Abstract #09 for the Year 2024, numbered (325 omitted in error) 326-362 were reviewed and audited by the Town Board, be it RESOLVED, that the Town Board hereby approves said vouchers which will make the accounts in the Town Board Meeting & Public Hearing Minutes Page 2 September 10, 2024 Total amounts as follows: A GENERAL FUND 16,668.35 B GENERAL FUND PART TOWN 19,758.79 DA HIGHWAY FUND 4,553.45 DB HIGHWAY FUND PART TOWN 109,228.07 SL2- PERUVILLE LIGHTING DISTRICT 103.89 SLl- MCLEAN LIGHTING DISTRICT 187.98 Total $150,500.53 Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed Nays - Monthly Reports Julie Graham, Bookkeeper - You have my report. There was one budget adjustment. RESOLUTION #24-072 - APPROVE BUDGET TRANSFER MOVED by Supervisor Scheffler, seconded by Councilperson Young to approve the budget transfers ensuring highway employees are paid under the correct codes. From: DA5120.4 Bridges – Personal Service $8000.00 To DA5140.1 Brush and Weeds- Personal Service …. $8000.00 Ayes - Clark, Young, Gamel, Scheffler Resolution Passed Nays - W. Rick Fritz, Code/Fire Enforcement Officer: Submitted the following report. Building Permits Issued: 14 New Businesses: 0 Permits Renewed:1 Building Inspections:45 Permits Completed:9 Certificate of Occupancy/Compliance:9 Site Plan Reviews: 0 Violation Notices: 0 Subdivisions: 1 Complaints: 0 Life Safety Inspections for August 2024: Inspected - 0; Completed - 0 Training Hours- 2 Highway Superintendent, Ellard Keister: Not too much to report tonight. We have not had a lull in the mowing season this year. Regardless of everything we did back in the slow winter, everything keeps growing and that is why we needed the budget adjustment. To keep the signs and everything opened up, and the amount of storms we had, that line item took a hit which is the reason for the adjustment. We are super busy getting stuff buttoned up before the upcoming season. Hopefully, our paving will be done this week. The truck bid has not gotten through Auctions International so we can’t take action unless you want to put forth a motion to accept the bid once it does come in. That way we do not need to put it off a whole month. Everything has been finalized, for what we have into that truck and the condition, I would accept anything over $4,000. I can make that the reserve or put it off until next month. RESOLUTION #24-073- APPROVE HIGHWAY SUPERINTENDENT ACCEPT AT LEAST A MINIMUM BID OF FOUR THOUSAND FOR TRUCK #13 FROM AUCTIONS INTERNATIONAL Town Board Meeting & Public Hearing Minutes Page 3 September 10, 2024 MOVED by Councilperson Gamel, seconded by Councilperson Klumpp to allow the Highway Superintendent to accept at least a minimum bid of four thousand dollars for Truck #13. Ayes – Clark, Klumpp, Young, Gamel, Scheffler Resolution Passed Nays - Highway Superintendent, Ellard Keister: Soil and Water reached out to me and they want to do a tire pickup like we did many years ago. They did not have any of the costs yet but did ask to use this location. I told them I would be open to it. We did a pick-up day in the gravel pit about 12 years ago, maybe more. There was quite a turnout last time. They brought another tractor-trailer or two to fill up on that Monday. We have at least 30 tires on Sears Road to pick up right now. We discussed the date which I don’t have yet. They wanted a Friday evening, but I was pushing for a Saturday which is the only day that will work well here. Once they give me a date and time, I will let you know. They will put somebody in charge of that too. Any questions budget-wise or with the bills? Margee (the crossing guard in McLean) is very happy with her new sign. Supervisor Scheffler: Yes, she called me and is impressed with the Highway Superintendent. Town Clerk, Robin Cargian – Dog enumeration cards have been mailed. People should be getting them and if they don’t already have them, they can get on the website and fill out the census. I already have a few people who have filled it out online and have that form and information. Other than that, I have been working on the budget and looking at all of the Christmas Presents I will ask for at budget time. That is all I have. You have my report. Attorney for the Town, Fran Casullo: Nothing much now, I will expand upon, at the appropriate time, the discussion I had with Mr. Buhl regarding the solar project and will go from there. Recreation Representative, Councilperson Young: We met in September and the cross-country flyers were created and went home on the first day of school. The Girl Scouts completed a community event clearing the invasive species and will put up identification in case people want to clean up while they are hiking. Becky is still working with Klines Archery for an adult archery program at the end of October. There will be a photo editing class on October 21st & 23rd in the STEM lab at the school. The cost is $60 and Adrian Mitchel is asking that the people bring their computers and have Adobe Lightroom already downloaded. I am assuming he will send that to them when they pay the fee. They will be partnering with Dryden to run adult flag football on Sundays from 1-3 pm most likely at Groton Memorial Park. There will be a Trunk or Treat on October 31st. Will it be held here? So, they will shut down the road? They felt that was very safe for the kids. Highway Superintendent, Ellard Keister: Yes it will be. We will shut down the street like last year. Recreation Representative, Councilperson Young: The recreation director is looking at getting a food truck and some sort of entertainment for that night as well. It was suggested to do wagon rides. End of Monthly Reports Supervisor Scheffler noted there was lots of time before the public hearings were to start at 8 PM. Announcements were read, • The Planning Board Meeting for Thursday, September 19, 2024, has been canceled. Town Board Meeting & Public Hearing Minutes Page 4 September 10, 2024 • The Zoning Board Meeting has been canceled. • Budget workshops to meet with the Department Heads start September 11, 2024, at 5 PM with the Highway Employees followed by the Highway Superintendent. September 12, 2024, at 5 PM starts with the Town Clerk, Code Office, and Court • We have a Town Board meeting on September 24, 2024, at 7:30 PM for the Tentative Budget. Privilege of the Floor was opened to discuss issues other than the local law and the Site Plan Review projects. With no one wishing to speak, was closed. Councilperson Young filled the time with an update on the NY Forward Grant. A public meeting this evening on the Grant that the Village received for 4.5 million dollars, brought forth a total of 30 projects some were public some municipal. They are getting ready to have a meeting to select the top projects they would like to see such as building enhancements, enhancing and putting crosswalks in safer places to make them more visible, creating green spaces, or a green space with a concert stage in the municipal lot here. The Groton Hotel and the Benn Conger Inn also requested enhancements and renovations. There was a lot of participation. Without specific notes, she recalled the total requests coming to several million dollars over the 4.5 million dollars. Councilperson Klumpp offered that the number she was looking for was 7.2 million. Councilperson Young agreed it was 7.2 million who were requesting the NY Forward but 12 million in total project costs, and 7.2 Million for the grant funding. It will be a challenge to select what we would like to see move forward. There are two more meetings and a couple of work meetings that the planning committee will have in October, but hopefully, by the end of the year, they will be looking to put the strategic plan forward. Councilperson Young acknowledged Groton Central School Superintendent Margo Martin in the audience who confirmed everything reported was spot on. Councilperson Klumpp added that the website was www.grotonnyf.com. Town Clerk, Cargian, reported the Town received a NYSERDA grant for $15,000 for participating in the Clean Heating and Cooling Campaign. Councilperson Young explained the grant was possible because the number of necessary building permits for heat pump installations was obtained from Town Residents. It will be up to the Town Board to decide where to implement that $15,000 at budget time. She acknowledged Chris Skawski in the audience from Cornell Cooperative Extension who assisted in the grant. Town Clerk, Cargian, added there will be a rabies clinic happening October 18th at the new Groton Fire Station if you have pets, certainly dogs. 8:00 PM Public Hearings The required notification which was published in the Cortland Standard was read by the Town Clerk. These notices were also placed at both Post offices, the Town Clerk’s Office, and on the Town of Groton website. No comments were received by the Town Clerk before the meeting time. Supervisor Scheffler moved to open the public hearing which was seconded by Councilperson Klumpp. The highlighted changes in the definition of Owner, the Violation and penalty increases as well as section 17 disposition of the fines were read. It was explained that the violation increases were due to the license fee being more than the fine. Proposed Local Law #5 of 2024 Licensing, Identification & Control of Dogs in the Town of Groton Town Board Meeting & Public Hearing Minutes Page 5 September 10, 2024 Section 1. Title. The title of this Local Law shall be, “Licensing, Identification, and Control of Dogs in the Town of Groton.” Section 2. Authority. This Local Law is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York. Section 3. Purpose. The purpose of this Local Law is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, and other animals from dog attack and damage. Section 4. Application. 1. This Local Law shall apply to all areas of the Town of Groton, including the Village of Groton. 2. In the event that any dog owned by a non-resident of the Town of Groton is harbored within the Town for a period of 30 days or less such dog shall be exempt from the identification and licensing provisions of this Local Law provided such dog is licensed pursuant to the provisions of law in the area of residence. 3. This Local Law shall not apply to any dog confined to the premises of any public or private hospital devoted solely to the treatment of sick animals, or confined to an animal shelter devoted to the impounding and caring of animals. Section 5. Definitions. As used in this Local Law, the following words shall mean: 1. "Altered" shall refer to a dog that has been spayed or neutered. 2. "At large" means an unleashed dog not under control of the owner and off the premises of the owner 3. "Companion animal" means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Companion animal" shall not include a "domestic animal" as defined in this Section. 4. "Dangerous dog" means any dog which a. without justification attacks a person, companion animal, farm animal, or domestic animal as defined in this section and causes physical injury or death, or b. behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or c. without justification attacks a "Guide Dog", "Hearing Dog", "Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police Work Dog", or "Therapy Dog" (as defined by Article 7 of New York State Agriculture and Markets Law) and causes physical injury or death. d. "Dangerous dog" does not include a "Police Work Dog", while being used to assist one or more law enforcement officers in the performance of their official duties. 5. "Dog" means any member of the species Canis familiars. 6. "Dog Control Officer" means any individual appointed by the Town to assist in the enforcement of this Local Law or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Town to assist in the enforcement of this Local Law. 7. "Domestic animal" means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the New York State Department of Environmental Conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the New York State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this Local law. 8. "Farm animal", as used in this Local Law, means any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in New York State Environmental Conservation Law, which are raised for commercial or subsistence purposes. Fur-bearing animal shall not include dogs or cats. 9. "Harbor" means to provide food or shelter to any dog for any length of time. Town Board Meeting & Public Hearing Minutes Page 6 September 10, 2024 10. "Identification tag" means a tag issued by the Town of Groton or other licensing municipality which sets forth an identification number, together with the name of the municipality, the State of New York, contact information, including telephone number for the municipality, and such other information as the licensing municipality deems appropriate. 11. "Identified dog" means any dog carrying an identification tag. 12. "Municipality" means any county, town, city or village. 13. "New York State Agriculture and Markets Law" means the Agriculture and Markets Law of the State of New York in effect as of the effective date of January 1, 2011 and as amended thereafter. 14. "Owner" shall mean any person or persons: a. who at any time has custody of, or has control of, or harbors, or is otherwise responsible for any dog which is kept, brought or comes within the Town for any length of time; b. who brings into or permits a dog to be brought into the Town for any length of time; c. If it is claimed that the owner is a person less than 18 years of age, the head of the household in which the dog is harbored shall be deemed the owner. 15. "Owner of record" means the person in whose name a dog is licensed or in whose name any dog was last licensed. An owner of record shall be 18 years of age or older. 16. "Person" means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. 17. "Purebred Dog" means a dog registered by a nationally recognized registry association. 18. "Recognized registry association" means any registry association that operates on a nationwide basis, issues numbered registration certificates and keeps such records as may be required by the Commissioner of Agriculture. 19. "Town" means the area within the corporate limits of the Town of Groton, including the Village of Groton. 20. "Town Board" means the Town of Groton Board. 21. "Town Clerk" means the Groton Town Clerk. 22. "Unaltered" shall refer to any dog that is not spayed or neutered. 23. “Village” means the area within the corporate limit of the Village of Groton. Section 6. Licensing. 1. Application for Original License. a. The owner of any dog shall immediately make application to the Town Clerk for a dog license on a form provided by the Town Clerk’s Office when: i. The dog reaches four (4) months of age; or ii. When the owner moves into the Town or Village of Groton with their dog; or iii. When the owner adopts or buys the dog and brings it into the Town or Village of Groton, unless the dog has been adopted from a local shelter and is licensed before leaving the shelter. b. No license shall be required for any dog which is under the age of four months, and which is not at large, or any dog that is residing in a pound or shelter maintained by or under contract or agreement with the State of New York or any county, city, town or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association. c. In the case of an unlicensed dog being redeemed by the owner or a dog being adopted from a shelter or pound the Town Clerk, and the manager of the facility shall establish a licensing procedure that is agreeable and beneficial to both the Town of Groton and the shelter or pound. Town Board Meeting & Public Hearing Minutes Page 7 September 10, 2024 2. Rabies Vaccination Required. All applications for a dog license shall be accompanied by a valid rabies certificate signed by a licensed veterinarian or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog is too young to be vaccinated or because of old age or another reason, the life of the dog would be endangered by the administration of vaccine. A copy of the rabies certificate or certified statement shall be made and attached to the Clerk’s copy of the application. In the case of an unlicensed dog being redeemed by the owner or a dog being adopted from a shelter, copies shall be forwarded to the Town Clerk. Such records shall be kept on file by the Town Clerk and be made available upon request for rabies and other animal disease control efforts. 3. Spay/Neuter Certificates. In the case of a spayed or neutered dog, every application shall be accompanied by a certificate signed by a licensed veterinarian, or an affidavit signed by the owner, showing that the dog has been spayed or neutered. In lieu of the spay or neuter certificate an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Part 7 of this Section. 4. Original License. Upon receiving a complete application, the required documents and the fee, the Town Clerk shall issue a license and tag. The license copy and associated documents shall be kept on file in accordance with the New York State Archives Records Administration Retention and Disposition Schedule 5. Expiration of License. A license will expire on the last day of the month, one year from the original date of issue and will need to be renewed so long as the dog is harbored within the Town of Groton. 6. License Renewal. a. License renewal forms shall be mailed by the Town Clerk’s office or through electronic means by request, approximately one month prior to the license expiration. b. Renewal license forms, the designated fee, and updated rabies certification (if required) may be brought to the office, mailed, placed in the drop box, or returned electronically to the Town Clerk where the clerk will review the documents and validate if it complies, then return the form to the owner. c. A new rabies certificate shall be required if the one on record has expired or expires within 30 days of the date of renewal. An in-lieu-of statement as described in Part 2 of this Section may be substituted for a rabies certificate. New rabies certificates and statements shall be copied and attached to the Town Clerk’s copy of the renewal. d. A spay/neuter certificate shall not be required if one is already on file with the Town Clerk. In a case where the dog has been altered during the preceding year, the certificate shall be presented to the Town Clerk in order to receive the reduced fee for an altered dog. The Town Clerk shall make a copy of the certificate and attach it to the original license on file. e. The license renewal shall expire on the last day of the month in the same month that it was originally issued. (i.e, a license originally issued in January will always expire in January.) f. Renewing early or late, does not change the renewal month. However, owners having more than one dog may request common renewal dates for their licenses, which may be granted at the discretion of the Town Clerk, provided that all licensing and renewal requirements are met. No licensing fees will be prorated, refunded, or waived when accommodating such a request. g. The validated license renewal copy shall be kept on file in accordance with the Records Retention and Disposition Schedule. 7. Purebred Licenses. Offered as an alternative to individual dog licenses for owners actively involved in the breeding and sale of purebred dogs. a. To qualify a person must own five or more purebred dogs and at least five of those dogs must be unaltered. b. Copies of registry papers for every dog or a comprehensive list of registry numbers and associations shall be required and filed with the Clerk’s copy of the license. c. Application for a purebred license shall be on a form provided by the Town Clerk and shall include rabies vaccination certification as specified in Part 2 of this Section for every dog listed on the Town Board Meeting & Public Hearing Minutes Page 8 September 10, 2024 license, a copy of which shall be kept on file by the Town Clerk. d. All dogs over four months of age must be listed and included in the purebred license. e. At the time of application, the Town Clerk shall assign a Purebred License identification number. f. Purebred licenses shall be issued for one year and renewed annually. g. All applications for and renewals of purebred licenses shall be accompanied by a fee as set by resolution of the Town Board. In addition, an assessment of $3.00 for each dog unaltered dog and $1.00 for each altered dog shall be added for the purpose of carrying out animal population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. No fee or portion thereof shall be refundable once the license is issued. h. The Town Clerk may request that the Dog Control Officer verify the number of dogs being claimed on any purebred license. i. No purebred license is transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall immediately make application for a license pursuant to Part 1 of this Section, except when the new owner holds a valid purebred license and adds the dog to such purebred license. 8. License Fees. a. Pursuant to this Local Law, the Town Board of the Town of Groton is authorized to establish by resolution a schedule of fees pertaining to the licensing, identification, and enumeration of dogs. The Town Board may amend the fee schedule by resolution from time to time as it deems appropriate. The current fee schedule will be kept on file in the office of the Groton Town Clerk for public inspection. b. All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Groton Town Board. c. All revenue derived from such fees shall be the sole property of the Town of Groton and shall be used only for controlling dogs and enforcing this Local Law and Article 7 of New York State Agriculture and Markets Law. Said revenue may also be used to subsidize the spaying or neutering of dogs, to subsidize any facility as authorized under Article 7 of New York State Agriculture and Markets Law, and to subsidize public humane education programs related to responsible dog ownership. d. No license fees are refundable or partially refundable in the event that a dog is lost, stolen, sold, given away, surrendered or deceased before the expiration of the license. e. An additional fee may be established by resolution of the Groton Town Board should a dog be identified as unlicensed during an enumeration. Such additional fee shall be the property of the Town of Groton and shall be used to pay the expenses incurred while conducting the enumeration. In the event the additional fees collected exceed the expenses incurred, such excess fees may be used for enforcing this Local Law and for spaying or neutering dogs. f. In addition to the fees set by the Town Board, an additional New York State Spay/Neuter Surcharge shall be assessed for the purpose of carrying out population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. Money derived from such additional assessment may be used to subsidize the spaying and neutering of cats as well as dogs pursuant to Article 7 of New York State Agriculture and Markets Law. 9. Identification of dogs. a. When a dog is originally licensed in the Town of Groton, a Town of Groton identification number will be assigned and an identification tag shall be issued, which shall be worn by the dog at all times. b. A dog participating in a dog show is exempted from wearing an identification tag only for the duration of the show. c. No identification tag shall be affixed to the collar of any dog other than the dog to which it was assigned. d. Lost tags shall be replaced at the expense of the owner at a fee set by the Groton Town Board. 10. Change of Owner Address. The owner of record shall notify the Town Clerk’s Office in the Town Board Meeting & Public Hearing Minutes Page 9 September 10, 2024 event of an address change. If the change is located outside the Town of Groton, the Town Clerk shall make a note in the record and cancel the license. The Clerk shall forward a copy of the license to the Clerk of the municipality to which the owner has moved. 11. Change of Ownership. In the event of a change in the ownership of any dog licensed in the Town of Groton, the new owner shall immediately make application for a license for such dog in the municipality in which the owner resides. Additionally, the original owner of record shall notify the Town Clerk’s Office of the change of ownership. Such original owner of record shall be liable for any violation under this Local Law until such filing is made or until the dog is licensed in the name of the new owner. 12. Lost, Stolen or Deceased Dog. If any dog which has been licensed in the Town of Groton is lost, stolen or deceased, the owner of record shall notify the Town Clerk’s Office within ten days of the discovery of such loss, theft or death. 13. Lists of Licensed Dog Owners. No dog licensing records, information, or lists shall be made available to any person or company for commercial purposes. Section 7. Prohibited Acts. It shall be unlawful for any owner of a dog to permit or allow such dog to: 1. Run at large. 2. When within the corporate limits of the Village of Groton, be off the owner’s property unless restrained and controlled by an adequate collar and a leash not exceeding eight feet in length. 3. When in the area of the Town of Groton outside the corporate limits of the Village, be off the owner’s property unless restrained by an adequate collar and leash except when it is accompanied by its owner or a responsible person able to control it by command. 4. Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually annoy and/or disturb any person other than the owner of such dog. 5. Cause damage or destruction to property or defecate, urinate, dig or otherwise commit a nuisance other than on the property of the owner of such dog. 6. Chase, jump upon or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury. 7. Chase, run alongside of, bark at or otherwise harasses any motor vehicle, motorcycle, bicycle, carriage or any other vehicle or device used by persons for travel or any riders or occupants thereof while said vehicle or device is on a public highway or private property other than property of the owner of said dog. For purposes of this section, a horse or other animal shall be considered a vehicle or device. 8. Fail to license any dog at the age of four (4) months or older, or allow any dog to be unlicensed due to failure to renew a dog license. 9. Fail to have any dog identified by a valid and current Town of Groton dog license identification tag. 10. Knowingly affix to any dog any false or improper identification tag or any identification tag belonging to another dog. 11. Fail to confine, restrain or present such dog for any lawful purpose pursuant to this Local Law or Article 7 of New York State Agriculture and Markets Law. 12. Furnish any false or misleading information on any license or form, required by the Town, the Groton Dog Control Officer, or any shelter or pound servicing the Town of Groton. 13. Fail to notify the Town Clerk of any change of ownership, change of address, death or loss of any dog licensed in the Town of Groton. Establishment of the fact or facts that a dog has committed any of the acts prohibited by this Local Law shall be presumptive evidence against the owner of such dog that he/she has failed to properly confine, leash or control his/her dog. Section 8. Removal of Feces. 1. Any owner who allows a dog to defecate on any public or private property other than the property of the owner, shall immediately clean up the feces, place it in a plastic container or bag, and deposit it in a container used for the disposal of refuse. Town Board Meeting & Public Hearing Minutes Page 10 September 10, 2024 2. In no event shall any feces be deposited in the Village of Groton sewer system, storm drains, the Owasco Inlet, or any other streams or ponds. Section 9. Conditions for Keeping Dogs. All premises occupied by dogs shall be kept in a clean, sanitary condition. Adequate food, water, shelter and space must be provided for each dog owned. For the purpose of this Section, “adequate” shall mean sufficient for age, size and number of dogs on the premises. Section 10. Female Dogs. All female dogs, while in season (heat), shall be confined to the premises of their owner and may not be left outside unattended. Any owner not adhering to this section shall be subject to having the dog seized by the Dog Control Officer and removed to a shelter or pound for confinement. The owner of any dog seized pursuant to this section shall be subject to an impoundment fee plus the shelter’s usual boarding fees for time spent in the shelter. In the event that the dog is released from the shelter before the end of its cycle, the owner must demonstrate to the shelter manager that the dog shall be sufficiently confined elsewhere. Section 11. Liability of Owner. 1. If a domestic, farm or companion animal is injured or killed as a result of being attacked, chased or worried by any dog, the owner of said dog shall be liable for damage. The owner of such injured or killed animal may make a complaint to the Dog Control Officer or a police officer who shall proceed pursuant to the Dangerous Dog Section of Article 7 of New York State Agriculture and Markets Law. 2. In no event shall the Town of Groton, the Village of Groton, or the County of Tompkins be held liable for any damage done by any dog. Section 12. Dangerous Dogs. 1. The determination of a Dangerous Dog and the prosecution of the owner of such a dog shall be pursuant to Article 7 of New York State Agriculture and Markets Law. 2. In the event that a dog is determined by the Groton Town Court to be a dangerous dog, the Court shall give notice to the Town Clerk of such determination and note will be made in the dog’s record. Additionally, the Town Clerk shall notify the Village Clerk, law enforcement and emergency services. Section 13. Enforcement/Appearance Ticket. Any Dog Control Officer or other person or persons, who are or may be lawfully authorized by the Town, shall, and any Village of Groton Police Officer or any other peace officer may, administer and enforce the provisions of this Local Law, and for such purpose shall have the authority to issue appearance tickets. Section 14. Seizure, Impoundment, Redemption and Adoption. 1. Any dog belonging to a person found in violation of any of the provisions of this Local Law may be seized pursuant to the provisions of New York State Agriculture and Markets Law. 2. Any dog believed to be dangerous and which poses an immediate threat to the public safety may be seized. 3. Any dog may be seized, which has been judged to be a Dangerous Dog pursuant to New York State Agriculture and Markets Law and whose owner has failed to obey a court order pertaining to said Dangerous Dog. 4. Every dog impounded shall be properly cared for, sheltered, fed and watered. 5. Seized dogs may be redeemed by producing proof of licensing and identification and by paying: a. $30.00 for the first 24 hours or part thereof, plus $10.00 per additional day for food, shelter and care, for the first impoundment of any dog owned by a person. b. $50.00 for the first 24 hours or part thereof, plus $10.00 per additional day for food, shelter and care, for the second impoundment within one year of the first impoundment of any dog belonging to that person. c. $70.00 for the first 24 hours or part thereof, plus $10.00 per additional day for food, shelter and care, for the third impoundment within one year of the first impoundment of any dog belonging to that person. Town Board Meeting & Public Hearing Minutes Page 11 September 10, 2024 6. Each dog which is not identified, whether or not licensed, shall be held for a period of 5 days from the day seized during which period the dog may be redeemed by its owner. Said owner shall provide proof that the dog has been licensed pursuant to this Local Law and pay an impoundment fee pursuant to Part 5 of this Section. Seized dogs that are found to be unlicensed shall be licensed before leaving the shelter and shall pay an Impounded Dog License Surcharge in addition to the regular licensing fee as set by resolution of the Town Board. 7. In the case of an identified dog, the owner of record shall be promptly notified by the Dog Control Officer of the seizure and the procedure for redemption either personally or by certified, return receipt requested mail. If notification is personally given, the dog shall be held for a period of 7 days after the day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, the dog shall be held for a period of 9 days from the date of mailing, during which period the dog may be redeemed by the owner. Said owner shall provide proof that the dog has been licensed pursuant to this Local Law and pay an impoundment pursuant to Part 5 of this Section. Any owner who provides an expired license as proof will be required to renew the license and pay the additional Impounded Dog License Surcharge before the dog is released from the shelter. 8. Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provision of New York State Agriculture and Markets Law. 9. If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees required by Part 5 of this Section. 10. The seizure of any dog shall not relieve any person from any violation of this Local Law or New York State Agriculture and Markets Law. Section 15. Complaint. 1. Any Town-designated Dog Control Officer or Agency having reasonable cause to believe that a violation of this Local Law has been committed in his/her presence shall, and any Village Police Officer or other peace officer may, issue and serve upon such person an appearance ticket for such violation. 2. Any person who observes a dog in violation of this Local Law may file a complaint, under oath, with a Town-designated Dog Control Officer or Agency specifying the nature of the violation, the date thereof, a description of the dog, the location of the violation and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this Local Law. 3. Upon receipt by the Town-designated Dog Control Officer or Agency of any such complaint, that Officer or Agency shall issue an appearance ticket to the alleged owner of the dog to appear before the Groton Town Court at a date and time specified. Section 16. Violations and Penalties. 1. A plea or conviction of a violation of this Local Law shall be prosecuted pursuant to penal law, by a fine of not less than forty dollars ($40), except: 2. Where a person is found to have violated this Local Law or any prior Town of Groton Dog Law within the preceding five years, the fine may be not less than eighty dollars ($80) and 3. Where the person is found to have violated this Local Law or any prior Town of Groton Dog Law two or more times within the preceding five years, it shall be punishable by a fine of not less than one hundred sixty dollars ($160) or imprisonment for not more than fifteen (15) days, or both. 4. For the purpose of conferring jurisdiction upon courts and judicial officers generally, offenses of this Local Law shall be deemed violations and for such purposes only all provisions of law relating to violations shall apply. Section 17. Disposition of Fines. Notwithstanding any other provision of law, all moneys collected as fines or penalties by the Town of Groton as a result of any prosecution for violations of the provisions of this Local Law or Article 7 of New York State Agriculture and Markets Law shall be the property of the Town of Groton and shall be paid to the Town Supervisor. Such moneys shall be used only for controlling dogs and enforcing this Local Law. Said revenue may also be used to subsidize the spaying or neutering of dogs, rabies vaccination clinics for dogs, any facility as authorized under Article 7 of New York State Agriculture and Markets Law, and subsidizing public humane education programs in responsible dog ownership. Section 18. Nonliability. Town Board Meeting & Public Hearing Minutes Page 12 September 10, 2024 No action shall be maintained against the Town of Groton, the Village of Groton, the Groton Dog Control Officer, any Village of Groton Police Officer, or any person or persons lawfully authorized by the Town when performing duties pursuant to this Local Law or New York State Agriculture and Markets Law to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this Local Law or New York State Agriculture and Markets Law. Section 19. Separability If any section, paragraph, subdivision, clause, phrase or provision of this Local Law shall be judged invalid or held unconstitutional, it shall not affect the validity of the Local Law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. Section 20. Repealer. This Local Law shall supersede all prior Local Laws, ordinances, rules and regulations relative to the control, licensing and fee schedules of dogs within the Town and they shall be, upon the effective date of this Local Law, null and void. Section 21. Effective Date. This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. With no one wishing to speak, It was MOVED by Councilperson Klumpp, seconded by Councilperson Gamel, to close the Public Hearing on Local Law #5 of 2024. Ayes –Clark, Young, Klumpp, Gamel, Scheffler Motion Passed RESOLUTION #24-074- ACCEPT LOCAL LAW #5 FOR THE YEAR 2024 WITH THE FINES SET AT $40 FOR THE FIRST OFFENCE, $80 FOR THE SECOND OFFENCE, AND $160 FOR THE THIRD MOVED by Councilperson Youngs, seconded by Councilperson Klumpp to accept Local Law #5 for the year 2025 Licensing and Control of Dogs with the fines set at first offense $40, 2nd offense $80, and the third offense $160.00 with no further discussion. Ayes – Clark, Klumpp, Young, Gamel, Scheffler Motion Passed Public Hearing Site Plan Applications Delaware River Solar A MOTION to open the public hearing for the Site Plan Review about applications submitted by Delaware River Solar for projects #1 and #2 was made by Councilperson Gamel and seconded by Councilperson Young. Ayes – Clark, Klumpp, Young, Gamel, Scheffler Motion Passed Barry Siebe, 800 South Main Street: I have a couple of quick questions about whether or not this application has been deemed complete. Based on what I am seeing from comments from Tompkins County as well as regarding the SWPPP, it looks like there have been some responses to the comments, but I am not sure I am seeing them incorporated into the site plan. Frankly, looking at the Site Plan it is really tiny, and it is hard to figure out where stuff is. I would hope they would show a little bit better where things are. The SWPPP plan is obviously not here yet, so I guess there are some questions on that. On the site screen, I still do not see a clear depiction of what they are proposing. They have the pictures, in fact, they took some pictures from my yard, but these pictures have no identification from where they were taken. We are locals and can probably figure it out but there isn’t anything on the picture that shows that. There is also nothing on here that shows what they are proposing as a screen for it. It is so hard to decipher on these site plans what I am going to be looking at. Town Board Meeting & Public Hearing Minutes Page 13 September 10, 2024 They show a picture taken from my back porch of what it is going to be but I don’t know what I am going to be seeing. I don’t know if I am going to be seeing solar panels or cypress trees that will take 25 years to grow. I may not have 25 years, and may be looking at this thing every day of my life. I would love to see and have some feedback on what they are proposing so I am not looking at this thing every time I walk out my door. Again, based on the comments that the county put in, and a couple of comments that they gave out, it doesn’t look like they have incorporated some of the stuff and they are still waiting on responses from people that they have been recommended to talk to and get input from. I am not sure from my mind what this hearing is about at this point other than to solicit comments from the public. Is this to mean we are starting the clock that you guys must make a decision? Supervisor Scheffler stated that it was not complete, and the clock had not started. Mr. Siebe: My concerns and comments are again to add clarification on the photos if they can, what are the points of origin, better site plan to show us what they are talking about, and you can actually read what is on there and what is the site screening. What is it going to consist of? One of the comments that Tompkins County made was about mature plantings. Again, if you plant something that is going to take 20 years to grow, I have to look at it for 20 years before those trees get big enough. In my mind that is not a site screen. Councilperson Gamel asked the developers if there were any completed renderings of the site screening. Delaware Developing team had issued images with the areas blocked out to show where it would be. No actual renderings were provided. Dan Carey, 305 Lick St.: Solar panels serve a useful purpose in generating electricity but should not be located on tillable farmland. Many opportunities exist for locating panels on rooftops or backyards in residential areas. Large box stores offer rooftops which could cover several thousand square feet along large parking lots. New York State has an abundance of state- owned property where solar arrays could be located and there is also abandoned farmland which is being overrun with trees and brush where these arrays could be built, but in most cases, no high-power electric transmission line is close by. First and foremost, for agricultural producers, this is a loss of prime farmland. The New York State Office of Renewable Energy has identified classes of soil which are exempt from solar construction. In my opinion, any soil on which a farmer is growing crops should be exempt from solar construction. People have to eat whether it is fruit or vegetable land or crop land for growing crops to feed the animals for meat or milk. It should be exempt from construction. However, this clashes with the rights of that particular landowner who should have complete control of their property, but those landowners could also be facing penalties for converting farmland to solar. Another issue facing agricultural producers is diminishing tillable acres for rent or lease and in turn, increasing those costs to the farmers as they must compete for less available acres. Solar companies are offering high rental rates that entice landowners to invest in solar rather than try to grow corn and soybeans. Visual impacts and noise from these installations along with reflections from panels and increased lighting may decrease property values and may lead to less investment in that community. Habitat degradation by land clearing can create enormous challenges in terms of soil loss through erosion. Exposing soil that has been overgrown with trees for many generations can pose significant challenges for adjacent landowners and residents. Trees that have been growing and harvested for lumber or firewood are being destroyed, but New York State Governor Hochul has proposed planting 25 million new trees Town Board Meeting & Public Hearing Minutes Page 14 September 10, 2024 by the year 2033. Why don’t we suspend destroying forest lands in the name of solar? Wildlife habitats are also affected by these actions and quite often create collateral issues by their displacement. Abandonment of solar sites because of bankruptcy or no market for power creates a situation of who is responsible for that site. The landowner or the municipality? This becomes a real possibility, especially when Governor Hochul just announced that she is interested in exploring more nuclear power plant construction in New York State. I believe many of these solar facility sites will not be able to compete with nuclear power and therefore will be abandoned before they reach the end of their useful life. In conclusion, I believe there is no climate emergency and solar energy production is only an intermittent and redundant source of electricity because it must have a reliable 24/7 backup system of fossil fuel, hydroelectric, and nuclear. All this investment of green taxpayer dollars for solar could be used to upgrade a very fragile national electric grid. As I stated I believe that some of these solar sites will not be profitable and consequently unsustainable within their projected lifespan. Therefore, I urge this board to reject any solar installations on tillable farmland. Thank You. Margo Martin, 503 West South Street: I just want to speak in continuation and support of Dan Carey. I am the Superintendent of the Groton Central School District, and we run an AG program there. To me, this is pretty simple math. There are 19 million people in the State of New York, and it is said you need 1.2 acres of tillable acres per person to be able to provide adequate food for them during the course of one year. Right now, New York State has 7 million acres of tillable land for 19 million people. To Dan’s point, I think many people would be in support of solar. To me, this is not an argument about not supporting solar, this is really an argument about being strategic where we are putting solar farms. When we are using tillable farmland, which is becoming more and more scarce, we are creating a problem that nobody is even thinking about all in the name of making sure we can go electric with everything in the State of New York. This is being driven by a political agenda and they don‘t have the infrastructure to support what they are pushing. I won’t even get into the EV Bus situation that I am facing in the school district. I would ask the board to be very thoughtful when you make your decision on this. A s Dan Carey just spoke of, I see this as creating an issue of food scarcity. Right now, nobody is thinking about that but I can guarantee if we continue to build solar panel farms on tillable soils in the State of New York we are already 12 Million Acres short. What is it going to take before we realize we have created a totally different problem? Monica Carey, 390 Lick Street: I am still concerned about the water runoff if they take down the woodland and of course any fires that start at these solar facilities. I think these are two major things that need to be addressed before anything goes further. Barry Siebe: A couple of thoughts on something that was previously said. That was the three-phase line, well one of the reasons it was stated at a previous meeting as to why they were putting it where they were was because of where the power line was. In my mind, with what has been brought up about farmland, there is plenty of land out, and around where you drive you can find fallow land that is not being farmed or built. If the state truly is interested in supporting solar and they don’t want to put it on rooftops of huge million square feet buildings, then they should start looking at funding those installation lines to those areas and support this. Steve Breeds, 213 Spring Street: I see on the site plan, and I am looking at these pictures I am pretty sure there are going to be high power transmission lines running around through here. There is a certain amount of radiation that comes from them. I can’t quote you or tell you how much comes from them Town Board Meeting & Public Hearing Minutes Page 15 September 10, 2024 but there is a certain amount. I am trying to figure out where you will have the storage facilities for the batteries. I assume there will be lithium-ion batteries. Maybe, I could be mistaken but I also know there will be certain issues with fires. I know our fire department is taxed heavily with fires and EMS calls and now we will have to have these guys specifically trained on lithium-ion batteries. I have been trained on them and this is a serious problem. I don’t know if anybody else has looked into it but we also have powerline issues and battery storage. There are multiple problems here. Are we going to get any kind of surplus power from this place? Is it going to go for battery charging stations for the buses? I am not seeing very much on this. I would like to find out more before anyone says yes. There are lots of questions before we say yes and turn our town into something that we won’t get any subsidies for it or put our Town in jeopardy. I have seen these batteries go up. I have seen little batteries go up and take out monster buildings and pollute the air. I think my opinion is valid, and we have a true problem. I think we need to look into it a lot harder. David Swanson, Champlin Road: Who is paying for this? Is it government-funded? Supervisor Scheffler responded Delaware River Solar is doing the project. The Town government was not paying for it. David Swanson: My brother is on the planning board in Interlaken and solar came in to talk at a planning board meeting. The guy came in to talk and the first thing I will tell you is “Solar doesn’t pay for itself.” He said if it wasn’t government funded it wouldn’t pay for itself. If it is not government funded where is the money coming from? Councilperson Klumpp answered that he did not know specifically about this project, but the Federal government and the State of New York do offer incentives for Solar. David Swanson: Where do they get their money? Councilperson Klumpp: I think we all know the answer to that I just wanted to say yes, but I don’t know if they have applied for the subsidies or not. An audience member offered information from her sister who was a resident in Dryden, that she pays extra for the solar there. Peter Bennedy, 319 Barrows Street: This is all new to me, I just got the notice in the mail yesterday. Many of these things have probably been gone over. I had two basic questions. Is there going to be a vote by the public or is this decided by the board? What are the benefits to the citizens of this town? Attorney Casullo offered the answer to the first question was it is a vote by the Town Board. The Supervisor stated the answer to the second question was unclear and could not provide a number. Peter Bennedy: Mr. Klumpp, you mentioned that there were incentives, what are they and who gets them? Councilperson Klumpp: They are not coming from the Town of Groton but there are State subsidies and Federal subsidies that are offered to the solar company. Town Board Meeting & Public Hearing Minutes Page 16 September 10, 2024 Peter Bennedy: It doesn’t sound like there are any benefits to the town or the people, so why are we doing this? Councilperson Gamel: You are speaking to the Town Board, but I don’t know if we have 100% control of whether it comes or not. Especially the large scale which is going on the other side of town that borders Lansing. We don’t have a lot of say in it. We have to go through the SEQR process and vote if it meets the requirements of the SEQR, but as far as us voting on it saying No you can’t, I am not sure if we even have that right in New York State the way the governor and the past governor have put things. Peter Bennedy: The only vote you have is if it meets the qualifications in the codes and all that…. Councilperson Gamel asked the attorney for the town if he was correct in his statement. The Attorney replied it depends on the size. There is one that is large scale that you do not but this one you do. Yellow Barn Solar you do not have much say. Delaware Solar, you do, generally speaking. Councilperson Youngs added that the Town Board also needs to take into consideration telling people what they can and can not do on their property. We need to take that into account as well. Peter Bennedy: Does the State or the Federal use eminent domain to take over these properties? The board responded there is no eminent domain in place, that this is private property being leased and the landowners are agreeing to this. Peter Bennedy: As the town council has mentioned you have more say on this than the other, I would just recommend you take into account the benefits that will come to the town or the people. Mollie Messenger from Delaware River Solar offered to answer some of the questions proposed and addressed the board. She appreciated the questions and concerns proposed by the public, which was what they wanted to hear in the case that they needed to change the site plan. The site plan proposed does not have battery storage, lithium batteries, or a high-powered transmission line. As a community solar project, it hooks into the existing grid to go to the first user first. Electricity goes to where it is needed first, so it is generated for the Town. Delaware River Solar works with larger conglomerate companies that build solar projects and then maintain them. We have given the town a decommissioning plan in the event that the solar field has to be decommissioned before its life span or after its life span. The Town will negotiate a bond with at least a 2% escalator on the bond for each year so there will always be money in that bond to decommission the site properly and return the land back to the state that it is. The solar field was moved back up into the woods which was discussed with the board as a better option because we wanted to save some farmland. There are tax benefits to having the solar field on the parcel. The town will receive those large tax benefits which can also be negotiated with the town if there is a pilot agreement which she was unaware of where they were in that process. She was also unaware of any landowners having to pay for the solar field. She will look into that but is unaware of that happening. A 10% discount is offered by joining the community solar field through “Meadow” which takes individual users and adds them to a solar field as an account. She concluded there is definitely no battery storage, and they will coordinate with the fire department to make sure they know where the inverters and shut-offs are and what to do in the event of a fire. They will have a local representative from a local maintenance company. The operation and maintenance plan that will be approved by the Town Board, will have a local agent and an emergency number for the company that owns the field once construction is over. Town Board Meeting & Public Hearing Minutes Page 17 September 10, 2024 Peter Bennedy: Will the town look into the tax incentives mentioned by the solar company and if there is a sustained outage in New York State will this solar project be able to supply power in that event? The Board will investigate the incentives, and it was thought that it would not be able to supply power in the event of an outage as the grid would be down. After everyone was heard who wished to speak, It was MOVED by Councilperson Gamel, seconded by Councilperson Klumpp, to close the Public Hearing on the Site Plan Review of Projects #1 & #2 of Delaware River Solar Ayes –Clark, Young, Klumpp, Gamel, Scheffler Motion Passed Nays – Attorney Casullo updated the board that the representatives from Delaware River Solar will be meeting with Mr. Buhl tomorrow and it is expected that the application will be final by the October meeting. He expressed his frustration for the board because the October and November meetings are typically filled up with crucial budget proceedings. He made it clear to everyone including the representatives from Delaware River Solar that the time clock does not start until the board decides by resolution that this application is complete. Mollie Messenger from Delaware River Solar stated that they had agreed to that stipulation last month and wanted the hearing to get feedback from the public. We have a 10 AM meeting with Mr. Buhl to work out with him what needs to be resolved. Attorney Casullo clarified that the next board meeting will be October 8th and at that time the board will finalize the application by resolution if it deems it complete. The SEQR review can begin with the completed application and a public hearing may be held for that if the board desires to do that. The board responded in favor of the request from Ms. Messenger to provide written responses to the comments from the public. There being no further business, Councilperson Gamel moved to adjourn, seconded by Councilperson Young at 8:43 PM Unanimous. Robin Cargian, RMC Town Clerk/Tax Collector