HomeMy WebLinkAbout2013-05-14 TOWN OF GROTON -MINUTES OF TOWN BOARD MEETING
TU ESDAY, MAY 14, 2013 AT 7:30 PM
THE TOWN HALL, 101 CONGER BOULEVARD
Those present: Glenn E. Morey, Supervisor
Donald F. Scheffler, Councilman
Richard B. Gamel, Councilman
Sheldon C. Clark, Councilman
Fran Casullo, Attorney for the Town
Absent: Ellard L. Sovocool, Councilman
Also present: Linda Mizer, Greg Weiland, Dan Mizer, Betty Yaichuk, Lynn
Musgrove, Renee King, David Kalb, Galene McKenzie, Dick Neal,
Dyan Lombardi, Kelly Tracy, Kelly Smith, Dorothy Pomponio,
Elizabeth Snyder, Rena Caldwell, Mike Goldstein, Jen Schwade,
Stefanie Jacobs, Faith Tyler , Richard C. Case, Jr., April Scheffler.
MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the
minutes of the April 9, 2013 meeting as presented.
Ayes - Scheffler, Gamel, Clark, Morey.
MOVED by Councilman Scheffler, seconded by Councilman Gamel, to approve the
minutes of the April 16, 2013 Work Session as presented.
Ayes - Scheffler, Gamel, Clark, Morey
Claim Numbers 122 - 150 of the General Fund in the amount of $21,184.65 were
presented for audit.
MOVED by Councilman Clark, seconded by Councilman Scheffler, to approve the
General Bills for payment.
Ayes - Scheffler, Gamel, Clark, Morey.
Claim Numbers 66 - 86 of the Highway Fund in the amount of $39,591 .46 were
presented for audit.
MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the
Highway Bills for payment.
Ayes - Scheffler, Gamel, Clark, Morey.
Monthly Reports:
Charles Rankin, Bookkeeper - Was not present but had submitted monthly reports for
the Board's review and requested a Budget Transfer.
Town Board Minutes Page 2 May14,2013
RESOLUTION #13-042 - 2013 BUDGET TRANSFER
MOVED by Supervisor Morey, seconded by Councilman Clark
Ayes - Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the following 2013 Budget Transfer:
General Fund - Town Wide:
From: Contingency, Al990.4.............................................$500.00
To: Employee Benefits, Unemployment Insurance.............500.00
Gary Coats, Code/Fire Enforcement Officer - Was not present but had submitted
monthly reports for the Board's review.
Richard C. Case, Jr, Highway Superintendent - We have completed the equipment
changeover from winter maintenance to the summer maintenance. Today we started
paving Brown Road with cooperation of the Village of Groton, Town of Cortlandville,
Town of Locke, Town of Summerhill, Town of Hartford, and Town of Caroline. The project
is moving along smoothly and we expect the paving part of this project to be done
tomorrow. Last month Chuck presented a transfer for the additional NYS CHIPS funds. I
don't know if he gave you any background on that. The Town of Groton received an
increase of $28,194.00. Our total for this year will put us at $128,391 .00 to be used in this
year's budget. This is welcome money as the last two or three years we only got $3.00
and $6.00 increases. A lot of credit needs to be given to the County Highway
Superintendents and the Association of Towns for lobbying for this money. The current
agreement for snow and ice maintenance on County roads shows an increase in
payment for the 2014 budget of 94%. This year's was $76,500.00 and with that percent
raise it takes us back up into $148,432.00. So that will be next year.
After some discussion it was decided to have the Annual Highway Tour on Thursday,
May 30, 2013 at 8:00 am.
April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly reports for the Board's
review. A grant of $750 had been received for the Verne Morton Memorial
Photography Show and another grant of $850 had been received for the Happenin' in
the Hamlet. All of our building permit files are currently being scanned to be put into
the program that we are doing with the County.
Francis Casullo, Attorney for the Town - Had nothing to report.
No one was present from the Court.
Supervisor Morey wished Judge Norman a speedy recover.
Councilman Donald Scheffler, Representative to Joint Youth Program - Had nothing to
report.
Brian Robison, County Legislator - Was not present as he was attending another
meeting.
Town Board Minutes Page 3 May14,2013
Privilege of the Floor:
Dorothy Pomponio - Gave the Board a copy of a newspaper article telling how difficult
it is to get out of gas leases. She spoke to the Village of Groton Clerk and asked if the
Village of Groton still has their gas lease and was told that in January 2012, they were
given the option to extend the lease, but had not taken any action on the option. She
asked if they had received a piece of paper stating that the lease had expired and the
Clerk said no, but that their attorney did not think that created any problems. She
asked if the Village had an insurance policy that addresses fracking and was told no.
She is concerned about the liability to the Town of Groton, should there be a fracking
accident on land owned by the Village of Groton and located within the Town of
Groton. She would like the Town to pass either a ban or moratorium against fracking.
Supervisor Morey - Said that the Town has not leased any of their land for fracking. The
Village is a separate municipality and he doesn't know what they have or have not
done. The Board had attempted to pass a moratorium but had been questioned
about conflict of interest. Consequently, the Board has been working on an ethics law
for 3 or 4 months. It has been decided to write this law to be similar to Tompkins
County's ethics law. However, the County's law is being updated and not yet passed,
so we are waiting to see what changes they make in their law before proceeding with
ours. We have also been monitoring people who have leases in Groton and it appears
that the majority of leases have been released. The comment that they are supposed
to notify the homeowner, they haven't been doing that. But they have been released
in the County Clerks Office. He had a list of 88 people and this is not a complete list.
Mike Goldstein - Said that the fracking bans in Dryden and Middlefield were recently
upheld in the State Appellate Court and this legal support for home rule means that
local municipalities are on much stronger legal footing to create bans and moratoriums
against fracking. He thinks that the State is going to put the local municipalities in the
driver's seat. He said that three seats on the Board are up for election this year and
their action or inaction is going to be remembered by the electorate. He told the
Board how many wells were currently in Pennsylvania, how many accidents there have
been and how many wells are ultimately planned, which would result in an 1 1-fold
increase in wells and massive industrialization. This is equal to the industry plans for New
York, including Groton, unless there is a ban. He thinks that the ethics law and the
creation of an ethics board is taking too long and again admonished the Board by
saying that their action or inaction will be remembered in November.
David Kalb - Said that he had heard that Pennsylvania had over 1,300 violations in
radiation safety at their landfills. They have counters and as soon as the counters
exceed the legal limit for human protection the alarms go off. Over 1,000 of these
alarms were from gas well drilling.
Dyan Lombardi - Recently talked to an organic farmer in the area of Pennsylvania that
is being fracked and says that meat, dairy products and wines going to New York City
restaurants and stores are now being refused.
Stephanie Brooks-Jacobs - Went to a forum in Ithaca and brought information to the
Board on the impacts of gas drilling on human and animal health. She related a story
about one release of fracking fluid that killed 17 cows in one hour as well as some other
incidents.
Town Board Minutes Page 4 May14,2013
Greg Weiland - Works with Dr. Oswald and he would be happy to come and tell about
their findings on livestock and humans as well as how this stuff gets into the food chain
and poisons the food supply. He said if we don't do something, by default, when the
gas companies can come, they will come, and there won't be anything we can do.
The Board has then passively agreed to allow them to do whatever they want to the
Town. He thinks this may be the most important issue to come to Groton and if the
Board's conscience is to allow it to happen, we will have to consider a change to the
Board in November. He wants the Board to take a stand one way or another.
Kelly Smith - Gave the Board a copy of a new study on health impacts from shale gas
development. She said that if allowed, fracking will impact the mental and physical
well being of percentage of the Board's constituents and it is their responsibility to
prepare the community for these potential impacts. She doesn't feel that our Town is
adequately prepared to deal with these consequences and asked the Board to at
least pass a moratorium to have more time to see what studies come out of
Pennsylvania.
Faith Tyler - Feels strongly about protecting our environment, especially our drinking
water. She says that it is already difficult to cross the street and it wouldn't benefit our
town to have more traffic. She said that bringing in men from other places would be
followed by drinking, gambling and prostitution and urged the Board to think about a
ban to protect Groton.
Kelly Tracy - Spoke emotionally about how she had moved here from Towanda,
Pennsylvania and did not want to see the same awful changes happen here that
happened in her hometown.
Lynn Musgrove - Said that the more she hears, the more terrified she is and supports a
ban.
Jen Schwade - Was wondering what progress the Board had made on a road
protection law and feels that this is important to people. She wondered if there could
be a public meeting on this.
Supervisor Morey - Said that it is being worked on and that a public hearing would be
part of the process should they come up with a law. However, he wanted to finish the
ethics law first.
Announcements:
➢ Planning Board, May 16 at 7:30 pm
➢ Zoning Board of Appeals, May 29 at 7:00 pm
➢ Groton Community Youth Forum, June 5, 7:00 pm at the Town Hall
➢ SEQR training, May 23 at 7:00 pm
➢ Groton Business Association Meeting, May 15 at 6:00 pm at the American Legion,
topic will be Groton Olde Home Days
➢ Next meeting, June 1 1 at 7:30 pm
➢ We wish Town Justice, John Norman, a speedy recovery
Town Board Minutes Page 5 May14,2013
Francis Casullo, Attorney for the Town - After several months of disagreements and
debate over the ethics law, it was decided at the last work session to model a law after
Tompkins County's ethics law. Mr. Casullo spoke with the County Attorney, Jonathan
Wood, so that he would be aware that this is what we were doing. Mr. Wood said that
was fine, but that the County law was not in effect yet as it is still being reviewed by
department heads for their comments and revisions. Mr. Casullo had taken the
County's law and tailored it to Groton and passed out copies. He would like to have
everyone's comments and have it in final form for next month so that a public hearing
can be set. Some highlights he touched on were: he felt the definition of "relative"
might be a little broad for a small town; he felt that the description of "confidential
information" was an important part of the law and asked that it be reviewed closely; he
had questions on the section concerning personal property; does the Town want the
sections on disclosure; he had questions about the amount of ethics board members
needed for a quorum and vote; whether or not we want our ethics board to render
opinions to others; whether we are going to require training. Mr. Casullo would like
responses from other town officials by May 28t".
There being no further business, Councilman Scheffler moved to adjourn, seconded by
Councilman Gamel, at 8:19 pm. Unanimous.
April L. Scheffler, RMC
Town Clerk