HomeMy WebLinkAbout2013-06-11 TOWN OF GROTON -MINUTES OF TOWN BOARD MEETING
T U ES DAY, J U N E 11, 2013 AT 7:30 PM
THE TOWN HALL, 101 CONGER BOULEVARD
Those present: Glenn E. Morey, Supervisor
Ellard L. Sovocool, Councilman
Donald F. Scheffler, Councilman
Richard B. Gamel, Councilman
Sheldon C. Clark, Councilman
Fran Casullo, Attorney for the Town
Also present: Gregory Weiland, Elizabeth Snyder, Kelly Smith, Joan Packard,
Stafanie Brooks Jacobs, Jen Schwade, David Kalb, Mary McGarry-
Newman, Faith Tyler, Charles Rankin, Richard C. Case, Jr., April
Scheffler.
MOVED by Councilman Sovocool, seconded by Councilman Gamel, to approve the
minutes of the May 14, 2013 meeting as presented.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 87-99 of the Highway Fund in the amount of $81,002.67 were presented
for audit.
MOVED by Councilman Clark, seconded by Councilman Scheffler, to approve the
Highway Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 151-181 of the General Fund in the amount of $43,508.45 were
presented for audit.
MOVED by Councilman Gamel, seconded by Councilman Sovocool, to approve the
General Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Monthly Reports:
Charles Rankin, Bookkeeper- Submitted monthly reports for the Board's review. He had
nothing to report on Cable TV. He attends the Health Care Consortium meetings and
as part of that deal, there is going to be information that will need to be sent to all
employees by October 14t" explaining that they can go into a special pool if they don't
make enough money. This pool option will not affect anyone here. We will also need
to tighten up our paperwork as far as employees' decisions for opting in or out of the
insurance coverage.
Town Board Minutes Page 2 June 11,2013
Gary Coats, Code Enforcement Officer - Was not present but had submitted monthly
reports for the Board's review.
Richard C. Case, Jr, Highway Superintendent - Thanked the Board for going on the
annual road tour and offered to take Councilman Gamel on a private tour, since he
had been unable to attend. They are working towards the projects that the Board saw
and are waiting for the blacktop to cure on East Brown Road, then will put the shoulders
on. They are doing drainage work on Sincerbeaux and Sharpsteen and hope by next
month to be paving those.
April L. Scheffler, RMC, Town Clerk/Tax Collector - Submitted monthly reports for the
Board's review. Our Tompkins County Town Clerks Association will be hosting a seminar
on social networking here on the evening of June 25t". This was a class that was given
at convention and is being offered again for those who were not able to attend the
class at that time or who were unable to go to convention. I have invited all of District 6
and our neighbors in Cayuga County. On June 26, we will be attending a meeting with
the Tompkins County Clerks office for a demonstration on the Laser Fiche software that
we will be using with the electronic records project that we are working on. Things are
still being scanned into the system and our repositories are being set up within the
County's servers. Rosemarie and I attended a seminar this past Saturday held at the
old Wilcox Cemetery between North Lansing and East Genoa. This was a very
informative, over 5-hour session of hands on learning about how to clean and repair old
gravestones. I brought a packet of information back to Jeff Brockway and hope that
we can use some of the things we learned to continue the restoration of our East Hill
Cemetery.
Fran Casullo, Attorney for the Town - Had nothing to report.
John Norman and A. D. Dawson, Town Justices - Were not present but had submitted
monthly reports for the Board's review.
Councilman Donald Scheffler, Representative to Joint Youth Program - Had nothing to
report.
Brian Robison, County Legislator- Had nothing to report.
Privilege of the Floor:
Joan Packard - Gave the Board a copy of an article from Bloomberg entitled "Drillers
Silence Fracking Claims with Sealed Settlements."
Stefanie Brooks Jacobs - Wanted to tell the Board that HBO will be showing "Gasland 2"
on July 8t".
Elizabeth Snyder - Quoted a recent Ithaca Journal article stating that and the Finger
Lakes area is one of the top 10 international lakeside regions and the importance of
tourism for the region. She said that bans or moratoriums have been passed by all the
towns in Tompkins County except Groton. She said that the bans helps protect the
area and wants Groton to at least pass road laws. She thinks the Board has taken too
long to pass a moratorium and needs to do so to protect Groton.
Town Board Minutes Page 3 June 11,2013
Faith Tyler - Is proud to be an American who is the descendant of immigrants. She has
worked hard to have her own home and has received grant money to fix it up. The
grants are forgivable after 10 years so she is here for at least that long and doesn't want
to have to move because of fracking.
Jen Schwade - We are lucky to live here and all feel committed to the area. We are
only allowed to enjoy our land as long as it doesn't infringe on other people's health
and safety.
Greg Weiland - Asked the Board to pass a ban or a moratorium.
MOVED by Supervisor Morey to go into Executive Session for the purpose of discussing
proposed, pending or current litigation, seconded by Councilman Gamel, at 7:41 pm.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
MOVED by Supervisor Morey to return to Regular Session, seconded by Councilman
Sovocool, at 8:05 pm.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
Supervisor Morey - Let the record show that the Board was being updated on current
litigation.
Attorney Casullo explained that he had been working on the proposed ethics law.
After some discussion it was decided to hold a special meeting next week for the sole
purpose of dealing with the local law, get it in final form, and set a public hearing for
the July meeting.
MOVED by Supervisor Morey, seconded by Councilman Clark, to set a Special Meeting
for Tuesday, June 18, 2013 at 6:00 pm, to discuss a proposed local law relative to ethical
standards of conduct for Town of Groton officers and employees, and the creation of
an ethics advisory board.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
The following information had been received concerning changes to General
Municipal Law:
General Municipal Law, §50-e (1) requires the service of a notice of claim upon a town
as a condition precedent to filing suit for personal injury and property damage.
Typically a notice of claim must be delivered personally or by registered or certified mail
to the town clerk, town supervisor or to an attorney regularly engaged in representing
such town. Effective June 15, 2013, a person wishing to sue a town will have another
option for serving a notice of claim upon the town. In addition to delivering a copy of
the notice of claim to the town, a notice of claim may be delivered to the Secretary of
State. The Secretary of State will then forward the notice of claim to the person
designated by the town board to receive the notice of claim from the Secretary of
State. A person filing a notice of claim with the Secretary of State may be charged a
fee of up to $250, half of which shall be forwarded to the town providing that the town
files a certificate of designation upon with Secretary of State within 30 days of June 15,
Town Board Minutes Page 4 June 11,2013
2013. To prepare for submitting that form, the town board should adopt a resolution
designating a town officer or person who will serve in this function. Pursuant to CPLR
§311 (a)(5) the town supervisor or town clerk is the person authorized to accept service
on behalf of the town.
RESOLUTION #13-043 - DESIGNATE GLEN N MOREY AS THE OFFICIAL TO
RECEIVE NOTICE OF CLAIMS FROM THE SECRETARY OF STATE
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
WHEREAS, General Municipal Law, §53 requires towns to file a certificate with the
Secretary of State designating the Secretary of State as an agent for service of a notice
of claim; and
WHEREAS, General Municipal Law, §53 requires the certificate to include the applicable
time limit for filing the notice of claim and the name, post office address and electronic
mail address, of an officer, person, for the transmittal of notices of claim served upon
the Secretary as the town's agent; and
WHEREAS, pursuant to General Municipal Law, §50-e(l)(a),, the applicable time limit for
the filing of a notice of claim upon a town is 90 days after the claim arises, or in the
case of a wrongful death action, 90 days from the appointment of a representative of
the decedent's estate; now therefore, be it
RESOLVED, that the Town Board of the Town of Groton, County of Tompkins designates
Glenn Morey in his capacity as Town Supervisor to receive notices of claims served
upon the Secretary of State by mail at 101 Conger Blvd., P.O. Box 36, Groton, N.Y.
13073; and be it further
RESOLVED, that the Town Board hereby directs the Town Clerk to file the required
certificate with the Secretary of State informing him or her of the town's designation
and applicable time limitation for filing a notice of claim with the town on or before July
14, 2013.
Announcements:
➢ Planning Board Meeting, June 20, 2013 at 7:30 pm
➢ Zoning Board of Appeals Meeting, June 26, 2013 at 7:00 pm
➢ Next Town Board Meeting, July 9, 2013 at 7:30 pm
There being no further business, Councilman Gamel moved to adjourn, seconded by
Councilman Scheffler, at 8:15 pm. Unanimous.
April L. Scheffler, RMC
Town Clerk