The URL can be used to link to this page

Home My WebLink About2021-09-14TOWN OF GROTON — MINUTES OF TOWN BOARD MEETING TUESDAY, SEPTEMBER 14, 2021 AT 7:30 PM PUBLIC HEARINGS STARTING AT 8:00 PM THE TOWN HALL, 101 CONGER BOULEVARD Town Officers Present: Donald F. Scheffler, Supervisor Crystal Young, Councilperson Brian Klumpp, Councilperson Michael Perkins, Highway Supt. April L. Scheffler, Town Clerk Charles Rankin, Bookkeeper W. Rick Fritz, Code Official Town Officers Absent: Sheldon C. Clark, Councilperson John Norman, Town Justice Francis Casullo, Attorney Also Present: Robert Yachinich Lisa Marshal l Dan Carey Michael Maneus Ellard Keister Robin Cargian Richard Gamel Jennifer Jones MOVED by Councilperson Young, seconded by Councilperson Klumpp, to approve the minutes of the August 10, 2021 Town Board Meeting as presented. Ayes - Young, Klumpp, Scheffler MOVED by Supervisor Scheffler, seconded by Councilperson Klumpp, to approve the minutes of the August 24, 2021 Special Town Board Meeting as presented. Ayes - Young, Klumpp, Scheffler RESOLUTION #21-049 - APPROVE PAYMENT OF INVOICES MOVED by Supervisor Scheffler, seconded by Councilperson Klumpp WHEREAS, vouchers for Abstract #9, numbered 3 72 - 426 were reviewed and audited by the Town Board, be it RESOLVED, that the Town Board hereby approves said vouchers for the accounts and in the total amounts as follows: Ayes - Young, Klumpp, Scheffler Nays - Resolution Passed ✓✓ w! Cf uwA+I:al�f4xrr@.«x-srsa�'v_s5spb�—>�Y.K .aS�inb:h'vw wie5:� vi �eaiis=�rx4zRtidnlChF7f. rose-a4"w.� ��"`J t��--r�_� may-- �r �?T �_._-� ` �rl. 1 pp^^yy. J� r YPn t 61�+ic ktkhsu �asaw� u��M'�0.J9u[. 4Y.vcm U�/avt£V uoscxa's-..w"v'.;�iv :F:� far.Ai4bw � Js..Qir'�#in ROO. � r T( i laev'LL't 1212HUM 61111. ", �'s r=^�{'iy��a�rr�s"'�"�-'#��'yL�xejvfff�Je��,•'',:..x,��-� 1� f''{ RM7S114si4T�.itiF�kE_4ff �}rn(T�a�vS f3�' �5, 7, =05 , �7 Ayes - Young, Klumpp, Scheffler Nays - Resolution Passed Town Board Minutes Page 2 September 14, 2021 Monthly Reports: Charles Rankin, Bookkeeper - Submitted monthly reports for the Board's review. The audit is done. Everything is in good shape. The State Comptroller's office had some comments on the annual report, which have been answered. Next, we'll be working on the budget. W. Rick Fritz, Code/Fire Enforcement Officer - Submitted monthly reports for the Board's review. Will be starting Life Safety Inspections. Michael Perkins, Highway Superintendent - We've been busy mowing roadsides, ditching, installing culvert pipes, oil and stoning, mowing around town buildings and cemeteries, cleaned up down trees, picked up some dead deer, started working on budget stuff, prepped for Olde Home Days, did some milling with the Village and County. Tyler Murray has finished his probation period. Brian Weir has left here for a different municipality and we have found a candidate to fill the position that we think will work in well. RESOLUTION #21-050 - APPROVE 50 -CENT RAISE FOR TYLER MURRAY MOVED by Supervisor Scheffler, seconded by Councilperson Klumpp WHEREAS, Tyler Murray has successfully completed his 3 -month probation, be it RESOLVED, that the Town Board hereby approves a 50 -cent raise for said Tyler Murray. Ayes - Young, Klumpp, Scheffler Nays - Resolution Passed April L. Scheffler, RMC, Town Clerk/Tax Collector - Submitted monthly reports for the Board's review. Francis Casullo, Attorney for the Town - Was not present. John J. Norman, Town Justice - Were not present. Councilperson Crystal Young as Representative to Joint Youth Program - She will let Jennifer Jones cover the report. Jennifer Jones, Recreation Director for the Joint Youth Program - We are close to 80% normal for participation. We had a total of 10 different summer camps and serviced 244 participants. We gave out 1,275 different craft packets every week at Main Street, along with the free lunches. We had 7 concerts with no masks, food trucks, and serviced about 1,3 00 community members who came out. We had 3,541 pool visits this year from a total of about 1,200 registered users. We have an electronic system that we use to register users and track who's coming in and out. We also had 146 guests and if we open up to everyone next year, that number is going to skyrocket. We did just under 500 swim lessons this year, and private adult swim lessons on Saturday mornings. For the fall football, cheerleading, soccer, we are back in action and our numbers are back to where they were prior to COVID, if not more. Cross country, we are looking for a new leader. We have a trail workday scheduled for this Saturday in conjunction with the cub scouts and boy scouts, weed eating, trail trimming, building stairs, etc. Dance class is coming up in the Town Board Minutes Page 3 September 14, 2021 fall and yoga in the park will continue until it gets too cold and then we will move that inside. Since I was here last, I was awarded a Legacy Grant for the tennis court renovations for $5,000. Then I got another grant from the Community Foundation for operational expenses, which was another $5,000. This fall, I submit my concert and Cabin Fever grants. Ms. Jones went on the explain long-term planning that is needed for the community pool repair and maintenance; estimated costs; and possible grants to help offset the cost to the Town and Village. RESOLUTION #21-051 - SET DATE FOR PUBLIC HEARING ON 2022 BUDGET MOVED by Councilperson Klumpp, seconded by Councilperson Young RESOLVED, that the Town Board hereby schedules a Public Hearing on Fiscal Year 2022 Budget for October 12, 2021, at 8: 00 pm. Ayes - Young, Klumpp, Scheffler Nays - Resolution Passed RESOLUTION #21-052 - APPROVE 2021 HUMAN SERVICES CONTRACT MOVED by Supervisor Scheffler, seconded by Councilperson Young RESOLVED, that the Town Board hereby approves the 2021 annual contract between the Human Services Coalition and the Town of Groton in the amount of $1,500.00, for community services provided by said Human Services Coalition. Ayes - Young, Klumpp, Scheffler Nays - Resolution Passed The Town Clerk read the public notice for the upcoming public hearings on Proposed Local Law #1 for the Year 2021 and Proposed Local Law #2 for the Year 2021. Said public notice was duly printed in the Town's legal paper, the Cortland Standard, on September 4, 2021 and September 6, 2021; in the Freeville Shopper on September 8, 2021; and posted on the Town's bulletin board and website. PUBLIC HEARING ON PROPOSED LOCAL LAW #1 FOR THE YEAR 2021 MOVED by Supervisor Scheffler, seconded by Councilperson Young, to open the Public Hearing at 8:00 pm. Ayes - Young, Klumpp, Scheffler Supervisor Scheffler - The New York State Legislature passed a law allowing cannabis retail sales and onsite retail consumption. As yet, the rules and regulations are not finalized and municipalities have only until December 31 St to pass a law subject to permissive referendum to prohibit this to happen, otherwise "opting out." This is our only chance ever to opt out. We can rescind the law and opt back in at any time in the future. Since we don't really have the regulations and rules yet, and we don't know how this is all going to play out, I would like to opt out. Town Board Minutes Page 4 September 14, 2021 Supervisor Scheffler invited people to speak, but no one from the public wished to do so. There being no further discussion, Councilperson Young moved to close the Public Hearing, seconded by Councilperson Klumpp, at 8:03 pm. Ayes - Young, Klumpp, Scheffler PUBLIC HEARING ON PROPOSED LOCAL LAW #2 FOR THE YEAR 2021 MOVED by Supervisor Scheffler, seconded by Councilperson Klumpp, to open the Public Hearing at 8:03pm. Ayes - Young, Klumpp, Scheffler Supervisor Scheffler - Municipalities are required by State Law to stay within the limits of the 2% tax levy limit. It's my intention to stay within this limit if at all possible but with inflation currently at almost 6% it is becoming increasingly difficult. Passing this law to override the State imposed tax cap is necessary to do before the budget is passed. We don't know how the budget is all going to play out, so this is just a safeguard in case we need it, but we prefer not to raise taxes if we don't have to. Supervisor Scheffler invited people to speak, but no one from the public wished to do so. There being no further discussion, Councilperson Klumpp moved to close the Public Hearing, seconded by Councilperson Young, at 8:07 pm. Ayes - Young, Klumpp, Scheffler RESOLUTION #21-053 - ADOPT LOCAL LAW #1 FOR THE YEAR 2021 ENTITLED A LOCAL LAW TO OPT OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES AND ON-SITE CONSUMPTION SITES IN THE TOWN OF GROTON, AS AUTHORIZED BY N.Y.S. CANNABIS LAW ARTICLES 4 AND 6 MOVED by Councilperson Klumpp, seconded by Councilperson Young RESOLVED, that the Town Board hereby adopts Local Law #1 for the Year 2021 as follows: Be it enacted by the Town Board of the Town of Groton, County of Tompkins as follows: Section 1. Legislative Intent A. The newly established N.Y.S. Cannabis Law, Chapter 7-a of the Consolidated Laws of the State of New York, provides at Article 6, § 131, that the licensure and establishment of a retail dispensary license and/or on-site consumption license under the provisions of Article 4 of Chapter 7-a shall not be applicable to a town, city or village which, after the effective date of the chapter and before December 31, 2021, adopts a local law, subject to permissive referendum governed by §24 of the Municipal Home Rule Law, requesting the cannabis control board to prohibit the establishment of such retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the town, city or village. B. It is the intent of this Local Law that the Town of Groton opt out from allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town that otherwise would be allowed under Cannabis Law Article 4. Town Board Minutes Page S September 14, 2021 C. More specifically, the Town Board finds that permitting such establishments requires a more careful review of the unique impact of such premises on the health, safety and welfare of the residents of the Town of Groton and the affects upon the Hamlets of McLean, Peruville, West Groton, and Groton City as well as other residential areas, schools and churches. In addition, the as yet unresolved issues addressing enforcement of the new laws and guidelines related to cannabis sale and use, would not be, at the current time, in the best interests of Town of Groton residents. Section 2. Authority This Local Law is adopted pursuant to Cannabis Law §131, which expressly authorizes the Town Board to adopt a local law requesting the Cannabis Control Board prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law §24. Section 3. Local Opt -Out The Town Board of the Town of Groton hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the Town of Groton' s jurisdiction. Section 4. Severability If any clause, sentence, paragraph, subdivision, or part of this Local Law, or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law, or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Permissive Referendum/Referendum on Petition This Local Law is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law §24. Section 5. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State. Ayes -Young, Klumpp, Scheffler Nays - Resolution Passed RESOLUTION #21-054 -ADOPT LOCAL LAW #2 FOR THE YEAR 2021 ENTITLED A LOCAL LAW OVERRIDING THE TAX LEVY LIMIT ESTABLISHED IN THE NEW YORK GENERAL MUNICIPAL LAW §3-C IN AND FOR THE TOWN OF GROTON MOVED by Supervisor Scheffler, seconded by Councilperson Young RESOLVED, that the Town Board hereby adopts Local Law #2 for the Year 2021 as follows: Be it enacted by the Town of Groton Town Board, as follows: Town Board Minutes Page 6 September 14, 2021 SECTION 1. LEGISLATIVE INTENT It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Groton, County of Tompkins pursuant to New York General Municipal Law §3-c, and to allow the Town of Groton to adopt a Town budget for (a) Town purposes and (b) any other special or improvement district governed by the Town Board for the Fiscal Year 2022, that requires a real property tax levy in excess of the "tax levy limit" as defined by the General Municipal Law §3-c. SECTION 2. AUTHORITY This local law is adopted pursuant to Subdivision 5 of the New York General Municipal Law, §3- c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent (60%) of the Town Board SECTION 3. TAX LEVY LIMIT OVERRIDE The Town Board of the Town of Groton, County of Tompkins, is hereby authorized to adopt a budget for the Fiscal Year 2022 that requires a real property tax levy in excess of the limit specified in the New York General Municipal Law §3-c. SECTION 4. SEVERABILITY If any clause, sentence, paragraph, section, article or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, section, article, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. Ayes - Young, Klumpp, Scheffler Nays - Resolution Passed Lisa Marshall, Program Director for Heat Smart Tompkins - Heat Smart Tompkins does outreach, education and support to the community to do energy efficiency improvements which is more of less in two categories: weatherization and heat pumps for heating and cooling. They let people know about grants, loans, rebates, tax credits, etc., that are available. They work with 6 vetted installers. She explained that she is reaching out to communities now because the Clean Energy Communities has a program where the Town and Heat Smart work together to get the word out to the Town and if there are 10 installations, the Town could get a grant towards clean energy. RESOLUTION #21-055 - PARTNER WITH HEAT SMART TOMPKINS MOVED by Councilperson Young, seconded by Councilperson Klumpp RESOLVED, that the Town Board hereby approves partnering with Heat Smart Tompkins in a Community Campaign for Energy Efficiency and Clean Heating and Cooling. Ayes - Young, Klumpp, Scheffler Nays - Resolution Passed Town Board Minutes Page 7 September 14, 2021 Privilege of the Floor: Dan Carey - Asked if the Town had considered posting "farm friendly community" signs like some of the neighboring towns. Ellard Keister said he would look into it. There being no further business, Councilperson Young moved to adjourn the meeting, seconded by Councilperson Klumpp, at 8:30pm. Unanimous. April L. Scheffler, RMC Town Clerk