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HomeMy WebLinkAbout2012-11-12 TOWN OF GROTON -MINUTES OF TOWN BOARD MEETING TUESDAY, DECEMBER 11, 2012 AT 7:30 PM THE TOWN HALL, 101 CONGER BOULEVARD Those present: Glenn E. Morey, Supervisor Ellard L. Sovocool, Councilman Donald F. Scheffler, Councilman Sheldon C. Clark, Councilman Fran Casullo, Attorney for the Town Absent: Richard B. Gamel, Councilman Also present: Bob Fouts, Virginia Underwood, John Beck, Carole Daugherty, Susan Ditson, David Swanson, Laura Butts, Carol Milton, Bridget Hoy, Gordon Hoy, Dean Peterson, Joyce Peterson, Kathy Baxendell, Dave Hoy, Sr, Nick Brown, Lynn Minor, Jeffrey Smith, John Lampman, Linda Mizer, Dan Mizer, Kelly Smith, Ed Neuhauser, Jen Schwade, Dan Carey, Bob Case, Ron Boyden, Mike Morris, Jane Crispell, Dorothy Pomponio, Jeanne White, Judith Eger, Mary McGarry-Newman, Gary Coats, Charles Rankin, April Scheffler. MOVED by Councilman, Sovocool, seconded by Councilman Scheffler, to approve the minutes of the November 13, 2012 meeting as presented. Ayes - Sovocool, Scheffler, Clark, Morey. Claim Numbers 338 - 370 of the General Fund in the amount of $27,683.72 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Clark, Morey. Claim Numbers 186 - 206 of the Highway Fund in the amount of $55,602.03 were presented for audit. MOVED by Councilman Clark, seconded by Councilman Sovocool, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Clark, Morey. Monthly Reports: Charles Ranking, Bookkeeper - Presented monthly reports for the Board's review. He had nothing to report on the Cable Committee as he was unable to attend the last Town Board Minutes Page 2 December 11,2012 meeting. He and Supervisor Morey had met with representatives from the State Comptroller's Office for review of their tax cap, which went very well. RESOLUTION #12-067 - 2012 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2012 Budget Transfer: General Fund Town Wide: From: Contingency, A1990.4 $200.00 To: Personnel, Personal Services, A1430.1 100.00 Control of Dogs, Personal Services, A3510.12 100.00 RESOLUTION #12-068 - 2012 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2012 Budget Transfer: General Fund Part Town: From: Contingency, B1990.4 $350.00 To: Zoning, Deputy Clerk Salary, B8010.12 250.00 Planning, Deputy Clerk Salary, B8020.12 100.00 Gary Coats, Code/Fire Enforcement Officer - Submitted monthly report for the Board's review. He had received a report from ISO on the Town of Groton and our safety rating has gone back up to where it was before they had lowered it last year after making suggestions that had been implemented. Richard C. Case, Jr, Highway Superintendent- Was not present. April L. Scheffler, Town Clerk/Tax Collector - Submitted monthly reports for the Board's review. The Clerk's Office was getting ready for tax season. John Norman & A. D. Dawson, Town Justices - Were not present, but has submitted monthly reports for the Board's review. Councilman Donald Scheffler, Representative to Joint Youth Program - Youth basketball is going well; wrestling sign-ups are coming soon; and plans for Winterfest are coming along nicely. Christmas in the Village is December 15 throughout the Village. Groton Recreation is not sponsoring this, but will have a fundraiser at the American Legion to benefit the free summer movie nights next summer. Jennifer put out feelers for adult programs but got no response so they will keep doing what they are doing with the kids. Town Board Minutes Page 3 December 11,2012 John Lampman and Jeffrey Smith, from the Tompkins County Highway Department were there to talk about the Groton City Bridge. They introduced Peter Stein from the County Legislature, who was also there to answer questions. A meeting was held in July concerning the closing of the bridge and since then they have received a lot of comments, most of which were in favor of keeping a bridge there. They had received a petition of 20 signatures opposing a vehicle bridge being reopened there and another petition of 70 signatures asking that a temporary bridge be investigated. The County now possesses a temporary bridge and they are leaning towards installing it at this time. Supervisor Morey asked what would happen to the old bridge since it is a Groton Bridge. They have been in contact with the director of Historic Ithaca, who is willing to see the bridge removed from the location but would prefer to see it salvaged in a usable form. They have also had communication with the Groton Historical Society who is also interested in getting the bridge to either display or use as a pedestrian bridge. Nothing is sure at this time, but that is the historical angle. The plan is to remove the old bridge and install the temporary bridge this month. There will be no weight restriction on it, but it is only 12 feet wide compared to the 13 feet wide old bridge. Mr. Lampman said school buses and snowplows would fit. The cost of installing it will be about $10,000 - $15,000. The temporary bridge was bought to be used when needed during construction or emergency and they feel that it is better to use it in Groton City now rather than leave it sitting in their lot. However, if there is a need for it elsewhere, they will have to move it to where it is needed, leaving no bridge in Groton City at all. It could conceivably be returned to Groton City when no longer needed someplace else. A permanent bridge is on the County's long range plan for replacement in 2015, but will still need to be approved and there is no guarantee that it will ever be replaced. The cost of a permanent bridge will be Y2 million dollars or more, depending on the type of funding used. Should the temporary bridge not be needed someplace else, its expected lifespan is 25-30 years, but everyone stressed that there was no guarantee that it would be left there that long. It was generally felt that this would be a cost-effective solution for the time being. Privilege of the Floor: Jennifer Schwade - Said there had been previous mention of a study done at the University of Texas called "Separating Fact From Fiction in Shale Gas Development" that showed no evidence of groundwater contamination from hydraulic fracturing. There have been two reports since, one that the head of the institute that did the study quit after he was found to have served on the board of a gas drilling company, and the other was that an independent panel has found that the science was inaccurately reported. She gave the Board copies of the information. Kelly Smith - Said that since the Board can't vote on a moratorium, she hoped that they are preparing for the potential onslaught of trucks in the area. She wondered if trucks were going to be kept out of the Village and whether they will be directed onto less than perfect secondary roads and worries about accidents. She hopes they will be proactive and consider the multitude of impacts to the community and not just revel in the potential financial gains should the energy companies be allowed to pillage the town. She said that Groton voters will be watching. Mike Morris - Quoted Supervisor Morey as saying one time in a newspaper, "the public deserves to know where we stand." He said that they still don't know. He hopes that someday he will hear the Board's feelings on the fracking issue. He quoted Open Town Board Minutes Page 4 December 11,2012 Meetings Law to the Board and said that they have not seen any deliberations of the Board. He said that he heard that they were talking behind the scene. Supervisor Morey - Said that anytime they meet, it is an open meeting and has to be advertised and that things are posted on the website. Mr. Morris - Said he knows that they get the minutes and everything else, but asked if the Board was discussing stuff. He thought they were discussing a road law earlier in the year but that no one has heard anything about it. Supervisor Morey - Said that no, the only road agreements that were being discussed where between the Town and the County, when the County wanted to trade certain sections of certain roads and nothing was ever agreed upon. It was not about frocking or road use. Mr. Morris - Said he may be mistaken; that it might have been the Village. He said this was just an example though and that his point was that he really would like to know sometime what the Board is thinking and what their opinions are. Jane Crispell - Said that she would like more open discussion and that the issue is giving her gray hair because it is affecting everything and is so serious. She gave Mr. Morey something to share with the Board. Carol Daugherty - It was said at the last Board Meeting that three Board Members had potential conflicts of interest, however a newspaper article said that the leases had expired and Mike Morris confirmed it by looking at the public record. If the leases are expired, why is the Board or the lawyer concerned? Supervisor Morey said that several people had brought up the ethics issue, so now they were looking into it. Ms. Daugherty said that since the leases were expired, there isn't a conflict of interest, right? Councilman Scheffler-That wasn't the accusation. Attorney Casullo - Said that it was his understanding that having leases was not the total accusation being leveled and that it went beyond just holding a lease. He said that one time an issue was raised because two Board Members went to a meeting somewhere and sat at a table with people who were pro-fracking. Ms. Daugherty- But the conflict of interest would be the leases. Attorney Casullo - The leases were not the only issue. Councilman Scheffler - The feeling is that there is a bias. I feel that there's also a bias if you don't have a lease. Attorney Casullo - That's correct. Since the accusation was made that at least two of the Board had a bias, then we feel we need to have an ethics board to decide if indeed they have a bias to the effect that they can't vote. We need to do this to Town Board Minutes Page 5 December 11,2012 protect the Town's liability. It is my understanding that it was not just based upon their ownership or having had leases. Supervisor Morey closed the Privilege of the Floor and asked Attorney Casullo to explain where things were with establishing an ethics committee. Attorney Casullo said that he had started the research but had not finished due to personal things happening in his life. He explained that the ethics board would not be just for the fracking issue but will review many other issues that come before the Town. He hopes to have something ready for the Board's review at the next meeting. RESOLUTION #12-069 - TOWN OF GROTON CAPITAL ASSETS POLICY MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board hereby passes the following Town of Groton Capital Assets Policy: Purpose The purpose of this policy is to establish general principles for the management of Town- owned capital assets. The policy establishes procedures to be followed in the recording and disposition of these assets. Procedures to be followed when purchasing capital assets can be found in the Purchasing Policy. Types of Capital Assets Capital assets are items that have a useful life of at least two (2) years and a value of: $5,000.00 or more for equipment, except computers and printers, $20,000.00 for land, building, and $75,000.00 building improvements, and $75,000.00 for infrastructure assets. They are permanent in nature, tangible, and held for purposes other than investment or resale. Capital assets addressed in this policy are equipment, buildings, building improvements, land, computer software, and infrastructure assets. • Equipment is either moveable or fixed. Moveable equipment is not permanently affixed to or part of a building. Some moveable equipment consists of more than one component, such as a computer, monitor, keyboard. The entire unit should be recorded as a single asset. Fixed equipment is permanently affixed to a building but is separate from the building itself. Examples are wall-to-wall carpeting, built-in cabinets, and water fountains. • Buildings and building improvements can include equipment items that are installed as an essential part of the structure, such as plumbing, electrical, heating and cooling systems, elevators, and boilers. Building improvements add function or significantly extend the useful life of the structure. Costs that do not meet this requirement should be expensed as repairs and maintenance. • Computer software is either acquired or developed by the Town for internal use. The costs of purchased goods and services relating to the installation of the software, payroll, and payroll-related costs directly related to the project should be capitalized. Town Board Minutes Page 6 December 11,2012 • Infrastructure assets include roads, sidewalks, parking lots, and water and sewer systems. Sidewalk and parking lots that are ancillary to a building will be considered part of the building. Improvements that add function or significantly extend the useful life of the structure should be capitalized. Costs that do not meet this requirement should be expensed as repairs and maintenance. Assets that are accounted for under a grant or contract must comply with all contractual obligations set forth in the agreement. Capital Asset Valuation The value of the asset should include the purchase price, transportation costs, installation costs, value received from a trade-in, and any other direct expenses incurred by the Town in obtaining the asset. Assets that are donated to the Town should be valued at the fair market value of the asset on the date of donation. Assets purchased under a capital lease must be valued at the current market value and should not include any interest. Items acquired with an operating system are not considered capital assets. The expense is considered rent. A lease is a capital lease if any of the following conditions exist: 1. Ownership transfers to the Town at the end of the lease. 2. The lease contains a bargain purchase option. 3. The lease period is at least 75% of its useful life. 4. The present value of the lease payments is at least 900 of fair market value. Transferring Equipment to Another Town Department When capital equipment is transferred from one department to another department within the Town, the asset must be added to the Capital Asset list of that Department. Conductinq Physical Inventories A physical inventory of all moveable equipment should be conducted every five (5) years. The purpose of a physical inventory is to verify the existence and condition of equipment and ensure the accuracy of the Town's accounting records. The basis for the inventory reports is the capital assets system maintained by the Town. All dispositions and transfers between departments should be communicated to the Town Board throughout the year to maintain accuracy of these records. The physical inventory process will reveal discrepancies between recorded data and physical assets and provide an opportunity to make corrections. The Town Bookkeeper will supply current equipment inventory listings to the departments. During the inspection of equipment, note items found and not on the list, items appearing on the inventory list that have since been disposed of, (include disposition date and method of disposal), any corrections regarding location, description, status, condition, and any other pertinent information. The inventory listing must be signed by the department head and returned with the list to the Town Bookkeeper. Town Board Minutes Page 7 December 11,2012 Dispositions When a department no longer has a need for an item of equipment, departments may, if they choose, give equipment items to other departments. Before disposing of a capital asset, the Town Board either will approve the request or make the Department aware of any disposal limitations. Departments are not authorized to give Town equipment items to private individuals or organizations. Assets acquired with government or corporate funds are subject to terms and conditions stated in the various agreements. Title to equipment may vest with the government or corporate agency or with the Town. It is likely that permission from the agency will be needed before disposing of government or corporate-funded assets. Contact the Town Bookkeeper for the required procedures for any such disposal. Assets donated by individuals that are valued at $5,000 or more, which are disposed of within two years of the date of the gift, are subject to reporting to the Internal Revenue Service. Contact the Town Bookkeeper for the required procedures for any such disposal. Surplus equipment that is not transferred to another department will be offered for sale to the general public. To comply with federal, state, or other regulations items recommended for sale must be offered to the Town Departments. In general, items will be sold to the highest bidder. However, there may be occasions when a bid may be given preference, even if it is lower than another bid. Items will remain on the surplus list for one month. Preferences for equal bids should be given in the following order: 1. Town Departments 2. Local school districts or charitable organizations 3. Employees, for personal use 4. General public If no bids are received after four weeks, the items may be discarded. When disposing of capital assets, follow these steps: 1. Before disposal, remove all tags and official Town seals or logos. Report to the Bookkeeper for the Capital records update. • Note: Before disposing of computer equipment, to preserve confidentiality, and protect Town interests, Departments must remove all data and Town-licensed software through disk formatting, degaussing, or other permanent means. 2. Physically remove from the property items approved for disposal. When necessary, Departments may move them to a temporary storage location within the Departments buildings. 3. Include only items that have been formally approved for disposal. Town Board Minutes Page 8 December 11,2012 4. In all circumstances, Departments must notify the Bookkeeper of the disposition of the asset and the amount of any proceeds collected from the sale. Assets must be discarded in an environmentally responsible fashion. Even common items, such as computers and refrigerators, may be considered regulated waste and/or require special handling. Surplus computer equipment no longer needed for Town purposes may be donated to public schools, public libraries, other public and private institutions for secular educational use or not-for-profit institutions for use by individuals with disabilities, pursuant to general Municipal Law and the Town Board approval. Prior to disposing of computer equipment, all information or software specific to, or the property of the Town should be removed from the equipment. RESOLUTION # 12-070 - FUND BALANCE POLICY IN ACCORDANCE WITH GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB 54) WHEREAS, the Governmental Accounting Standards Board (GASB) has adopted Statement Number 54 (GASB 54), Fund Balance Reporting and Governmental Fund Type Definitions, and WHEREAS, the Town of Groton wishes to implement GASB 54 as required beginning with the current January 1, 2013- December 30, 2013 fiscal year, now, therefore be it RESOLVED that the Town Board hereby adopts the following policy: FUND BALANCE POLICY Fund balance measures the net financial resources available to finance expenditures of future periods. The Town's Unassigned General Fund Balance will be maintained to provide the Town with sufficient working capital and a margin of safety to address local and regional emergencies without borrowing. The Unassigned General Fund Balance may only be appropriated by resolution of the Town of Groton Board. Fund balance of the Town may be committed for a specific source by formal action of the Board. Amendments or modifications to the committed fund balance must also be approved by formal action of the Board. Committed fund balance does not lapse at year-end. The formal action required to commit fund balance shall be by board resolution or majority vote. The Town Board delegates authority to assign fund balance for a specific purpose to the Town Supervisor. For purposes of fund balance classification, expenditures are to be spent from restricted fund balance first and then unrestricted. Expenditures incurred in the unrestricted fund balances shall be reduced first from the committed fund balance, then from the assigned fund balance, and lastly, the unassigned fund balance. Town Board Minutes Page 9 December 11,2012 RESOLUTION #12-071 - EXTEND TIME TO PAY TAXES FOR SENIOR CITIZENS MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that pursuant to Section 925(b) of New York State Real Property Tax Law, the Town Board hereby grants an extension of five business days to pay taxes without penalty or interest to senior citizens who receive an exemption on their principal residence under either Section 425 or 467 of Real Property Tax Law. The extension of five business days shall make the due date February 7, 2013 for such taxes, and be it further RESOLVED, that the Town Board directs the Tax Collector to mail a notice of said extension of time with the tax bills. RESOLUTION #12-072 - APPOINT LISA MALONEY HAHN TO PLANNING BOARD MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board, upon recommendation of the Planning Board, hereby appoints Lisa Maloney Hahn to the Planning Board. Said appointment will fill a vacant position, beginning today's date and expiring December 31, 2015. RESOLUTION #12-073 - PUT NOTICE OF DOG ENUMERATION IN TAX BILLS MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board hereby directs the Town Clerk to include a notice about the 2013 Town of Groton Dog Enumeration with the 2013 Tax Bills. RESOLUTION #12-074 - SET DATE FOR ORGANIZATIONAL MEETING. MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Clark, Morey RESOLVED, that the Town Board hereby sets the date for the 2013 Organizational Meeting for Tuesday, January 8, 2012 at 7:30 PM. Discussion and action on 2013 Highway Contact: Tabled - Clerk will prepare contract when she has been provided with the specifics. Town Board Minutes Page 10 December 11,2012 Announcements: ➢ Planning Board, December 20 at 7:30 PM ➢ Zoning Board of Appeals, December 26 at 7:00 PM ➢ Home for the Holidays in Groton, December 15 with the Fabulous Beekman Boys, wagon rides, treats, sales, arts & crafts, Santa, and much more. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:31 PM. Unanimous. April L. Scheffler Town Clerk