HomeMy WebLinkAbout1999-10-12 - TB 249
ULYSSES TOWN BOARD
REGULAR TOWN BOARD MEETING
OCTOBER 12, 1999
PRESENT : Supervisor Douglas Austic; Councilpeople Carolyn Duddleston, Andrew
Hillman, Sue Poelvoorde and Robert Weatherby; Code Enforcement Officer Alex
Rachun; Tompkins County Representative Peter Penniman; Highway Superintendent
James Meeker and Town Clerk Marsha L . Georgia.
Others Present : Catharine Stover, Grace Wolf, Reporter, Jean Foley and Daughter,
Christian Nill, Water Resources Specialist, Richard Straut of Barton & Loquidice
Engineers and Diane Hillman.
Supervisor Austic called the meeting to order and led those assembled in the Pledge of
Allegiance to the Flag of the United States of America.
APPROVAL OF MINUTES
Mrs. Duddleston moved, seconded by Ms. Poelvoorde to approve the minutes of
September 14th, 1999 after corrections had been given to the Clerk.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
APPROVAL OF MONTHLY CLAIMS
Ms. Poelvoorde moved, seconded by Mrs. Duddleston to approve voucher numbers 354
through 392 in the amount of $31 , 897.43 that were previously examined by the Board.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
REPORTS OF REPRESENTATIVES
Tompkins County Representative Peter Penniman reported that the hottest news is
that they have a recommended County Budget, completed early and it appears that it may
be only a 2% increase over last year. They made use of some surplus money received
from the tobacco settlement of $520,000 . They also are debating if the anticipated
revenue of $ 1 .4 million from the tobacco settlement would be help in escrow for the year.
The aquifer study has been delayed for a couple of months.
Mr. Penniman attended a conference of the New York State Association of Counties in
Lake Placid, along with Representative Stein where they presented a couple of
resolutions from Tompkins County that had to do with Property Tax and the large exempt
entities that we have in Tompkins County and other counties. One of the resolutions was
passed by the whole board of the State Association and becomes part of their legislative
agenda next year. That one is the one that they're asking the State to look at the definition
of tax-exempt entities in particular the business like operations they have like business
centers, housing, restaurants and bookstores. Other counties were interested in this also .
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The State is putting this on the front burner. Assemblyman Martin Luster is the Chair of
the Committee on Property Taxation and that may be a plus.
The County has been discussing the repair of the Lake Street Bridge and why has there
been a delay. It has been moved up to the year 2001 and the Village of Trumansburg is
especially unhappy with that. The intention of the Village is to run sidewalks through
that area and they wanted the bridgework done . There was a problem with the bridge
where a piece fell off which caused a minor accident and since then the County has been
looking into fixing it next year. Mr. Penniman stated that he was not sure how that would
affect the Town' s Budget .
Supervisor Austic stated that it would certainly depend on what the County came up
with for a price.
Superintendent Meeker stated that it is kind of hard to come up with a price . He told
the County Engineer that he could go to the Board and tells them that they may start on
the bridge this fall but without a plan the price is hard to set . The County is supposed to
give the Town a two-year notice . It is a possibility the County could go ahead and the
Town could owe the County .
Trumansburg Fire Department — no one in attendance .
Tompkins County Environmental Representative Jean Foley reported that she has
been on board since May and not a lot of new things have been happening . She came in
at the tail end of things so she just listened to the speakers and tried to get a feel of what
was going on. She is still not on any particular committee and would take suggestions
from the Town as to what ones they would like to see her on. She has been asked to go on
the Tower Committee but has not decided. She feels that there may be something
agricultural coming along that she might be more interested in. They have heard
speakers on various topics such as Cayuga Water Shed, Lake Source Cooling, NEST (the
new purposed highway on east hill) and Cornell came and discussed the cleanup for the
chemical/radiation disposal site up near the airport . After hearing about the disposal site
it made her think of Jacksonville and their problems. No one at EMC has ever had any
presentations on the Jacksonville water problem and she feels that it may be something to
bring to them and have more minds working on it .
The County Board is looking at restructuring EMC . They would like to see the
representatives from the municipalities whose term is up in December be reappointed or
new members be appointed by December 1st. There is no representative for the village
of Trumansburg and there is a seat vacant for them. If anyone knows of anyone interested
let EMC know. She would be willing to continue but they have not decided how long the
term maybe .
Supervisor Austic would be willing to put something together on Jacksonville water to
present to EMC in November or December.
Mrs. Duddleston moved, seconded by Mr. Hillman the following resolution:
RESOLVED1 that the Town Board of the Town of Ulysses appoint Jean Foley to
continue as the representative to the Tompkins County Environmental
Management Council for the year 2000 .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
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Debra Jones - Greater Ithaca Art Trail distributed some brochures of the Greater
Ithaca Art Trail that is inclusive not exclusive of downtown Ithaca. There are four artists
from the Ulysses area that are very active in this. What Debra came to ask is if the
Ulysses Town Board would be willing to act as a conduit for a grant that the Greater
Ithaca Art Trail is applying for. Ulysses has done this in the past. This does not involve
any money from Ulysses but just accept the check and turn it over to the Greater Ithaca
Art
Trail. A conduit can charge a fee for this service . It is a decentralization grant and
Community Arts Partnership has a committee who decides on this. They are asking for
$4000 to $5000 that would be used to do a kick-off weekend of their trail that is based on
the wine trails. Being listed in the brochure is an invitation from the artists to view their
art and their studios. They are planning to do the trails once in the spring and than again
in the fall and at that time all of the artists are committed to be in their studios. Other
times the artist can be visited by appointment. They are looking to have kick-off events
specific to each region. Ms. Jones handed out copies of the grant application. The only
thing that the Board would have to do is authorize the Supervisor to sign that the Town
would act as the conduit.
Ms. Poelvoorde moved, seconded by Mrs. Duddleston the following :
Resolved that the Town Board of the Town of Ulysses authorize the Supervisor to
sign the grant application that the Greater Ithaca Area Art Trail is applying for
and be the conduit for accepting the grant .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
Mr. Austic signed the application.
Ms. Jones has an idea involving an art project using some of the decentralization grant
money being used in Trumansburg. Also Mrs. Georgia had mentioned to Ms. Jones of
the possibility of having wall space available at the Town Hall. She needs to do some
more thinking along these lines.
Representative Christian Nill of RHI and Rich Strata of Barton & Loguidice
Rich Straut stated that there have been updates done since the Draft Water Study was
presented (handed out to Board) . After the draft was reviewed Mr. Straut talked with Mr.
Austic they decided to look at a couple additional alternatives to serve more people and
hopefully bring the cost of the project down. Mr. Straut explained the different
alternatives such as running a couple of spurs off of Route 96 going Krum. Corners Road,
VanDorns Road and Colegrove Road and also run the lines, coming out of Trumansburg,
all the way to the Ithaca line. This is based on the residential growth along this path. He
explained the other alternatives. The cost of the project would be higher but the cost
would be divided among more people. By bringing the cost of the project up there may
be some more difficulty in obtaining grant money. But there could be other things to be
done. They have also looked into bringing the water source from Ithaca and breaking out
service areas.
In the first water study they used iron pipe for the cost estimates and in the second study,
to make it more feasible they priced it out using PVC pipe. They initially priced it out
with iron pipes, because most municipalities prefer that, but in order to make the project
at all they should look at PVC pipe.
Mr. Austic asked what his opinion is on PVC pipe . Mr. Straut replied that he feels more
comfortable with iron because it has been used successfully for years. PVC has been in
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10- 12-99
the ground for many years where iron has been in the ground for hundreds of years. But
he would be comfortable using it.
Mr. Nill stated that he has worked with a lot of rural communities and has seen a lot of
PVC used. But for financially strapped rural communities PVC is often the best
alternative. The community where he comes from used PVC and it is working well.
Mr. Straut stated that if he had reservations about PVC he would not of used it in the
study.
This report has been submitted to the Drinking Water State Revolving Program. The
Town is listed on that plan. He feels that there is work to be done getting the priorities
formed. Everything is based on a point system and there are projects being funded
scoring 85 and above . The Town' s point score is initially 45 . He feels this project, under
the circumstances in Jacksonville, would warrant a higher score. It is a matter of going
back and making a case with the Environmental Facilities Corporation. A couple of other
things previously discussed that could also affect the cost represented here . One would
be an income survey. This is why he has invited Christian Nill to discuss this . A lot of
the grant programs and how much money they are willing to give are based on need and
they relate that back to the in-house income. They generally go back to the census
information. But with respect to getting grant money for the Town there is a possibility
that instead of looking at the Town as a whole, just look specifically at the areas that may
be served by water and do an income survey for those areas. He has asked Mr. Nill to go
over what it would take to do that
He also wanted to bring it to the attention of the Board that they may want to consider
with this report is that they did not assume that we are going to charge vacant parcels.
Practically if you have a lot of agricultural districts that would become a problem, areas
that are vacant because they are building lots or that sort of thing. The Town may want
to look at charging some benefit assessment to those parcels. They did not include that .
They also are trying to negotiate a wholesale rate for water with the Village of
Trumansburg and the Town of Ithaca, which could make the cost go down. There is also
a need in the Village of Trumansburg, for improving their tank storage. They have
looked at the possibility of sharing the tank that would be purposed for the Town system.
The Board may want to talk to the Village about sharing a tank.
They have also talked about the possibility of phasing the project . So there are some
other things that may be done and other things to be looked at to see if we can get these
numbers done to be closer to what might be consider affordable . Mr. Straut introduced
Mr. Nill of Rural Housing Improvement, who can help do an income survey and they can
provide assistance in putting together grant applications at no cost .
Christian Nill representing Northeast Rural Community Assistance Program which is a
program of Rural Housing Improvement (RHI), a private, non-profit, charitable
organization dedicated to serving the housing and water resource protection needs of low
to moderate income rural communities. Mr. Straut of Barton & Loquidice invited Mr.
Nill to meet with the Board to discuss the need to administer an income survey in the
Town of Ulysses. Mr. Nill handed out some information on his organization, including a
sample of the income survey. Mr. Nill talked about this and how he would proceed . The
survey would be mailed (with the help of the Town Clerk) and if not received back would
need help from volunteers to go house to house . What is needed is to attain a minimum
"acceptable" response rate of about 80%. The outcome of this survey may be used to
determine whether the proposed service area meets USDA Rural Development' s income
eligibility criterion. To meet this criterion for Rural Development' s "poverty-line" status,
the median household income in the proposed service area for which funding is being
sought must be below $31 , 534 . In the Town as a whole this is around $35 ,000, according
to the 1990 census.
The cost of the survey would be for the mailing, which the Town should figure on about
66 cents per survey. This includes a stamped self-addressed envelope for the return of
the survey and allows additional mailing cost for follow-up canvassing . The other cost
would be clerical cost to determine the master list of residents to be surveyed and the
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value of the volunteer' s time to do the house-to-house canvassing . Mr. Nill will be
available to help with this. The Northeast RCAP is committed to administering the
income survey and processing the final results in a forthright and objective manner,
maintaining at all times the confidentiality of individual survey results. The surveys will.
be mailed. to RCAP for tabulation.
The survey process can start any time in the next few days. It ' s important not to allow
the survey process to drag out over a period of months, since people lose interest and
forget what the survey is for. Also , you should allow at least 1 -2 month' s time after
completing the survey, for the consultant to prepare a grant application.
Mr. Nil! stated that wide dissemination of public information concerning the income
survey and the proposed project is absolutely critical to the success of this venture. He
would be able to come out to facilitate a public informational meeting for this purpose
some evening, prior to distributing the surveys. He can also provide some suggested text
for a news release to be sent to the local papers.
Mr. Austic stated that the Town has talked about having an informational meeting on the
"Water Study" and feels that would be a good time to talk about the income survey.
A Public Hearing was scheduled for November 16t ', 1999 at the Trumansburg Fire
Department at 7 PM.
TOWN REPORTS
Highway Superintendent James Meeker reported that they did some shimming on
Lake Street, Cayuga Street Ext . , Frontenac Road and a little down at the front of the shop
at the Town Barns. Finished sealing on Terrell Road, Proskine Place, Krum Corners Road
and Iradell Road Ext .
The Town Hall parking lot is been finished and will be sealed next year.
Code Enforcement Officer Alex. Rachun reported that he issued six permits. He stated
that he has been very busy in the building department issuing eighteen permits in the last
ten weeks. There was one "Site Plan Review" with the Planning Board with "Tree Tops
2000" project, which was the observation post at Cayuga Nature Center. That is in place.
Frontier Cellular is going to start the site plantings both at the site of the tower and on
Swamp College Road on. this Thursday.
The Zoning Board of Appeals has heard two area variances and both have been approved.
Tomorrow the Planning Board is a holding a public hearing for a request for an "interne
excess tower" at the Special Children' s Center on Wilkins Road . It is a 60-foot tower,
free standing, no guides and no lights.
Town Clerk Marsha Georgia reported that a total of $ 5090 . 50 in fees was collected for
the month of September and $ 700 was turned over to the Supervisor along with her
monthly report . A total of $4100 was sent to DEC for licenses. Hunting license sales
have slowed down a bit .
Board Member Andrew Hillman reported that the Youth Commission met last Tuesday
at the Village Hall and one real nice thing is that the "Outing Club" started on October 4th
that is fhr fifth trough seventh graders . Ulysses was the first one to get oi ' the block in
the County for this "Outing Club".
Board Members Sue Poelvoorde and Carolyn Duddleston have drafted a resolution
taking the authority that the Town Board has in establishing some minimum attendance
policy and training policy for the Zoning Board of Appeals and Planning Board to help in.
assuring that they are doing an efficient and effective job for the Town in implementing
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and administrating the portions of the Town of Ulysses Zoning Ordinance . The draft
resolution is as follows :
WHEREAS , under Chapter 62 , Article 16, Sections 261 and 264 of Town Law
the Town Board of the Town of Ulysses is empowered to establish a land use ordinance
for the purpose of promoting the health, safety and general welfare of the community,
and
WHEREAS, in order to implement, administer and enforce such zoning
ordinance the Town Board is granted the authority by Sections 267 (2) and 271 ( 1 ) of
Town Law to establish a Zoning Board of Appeals and Planning Board and appoint
residents of the town to serve as members on the boards, and
WHEREAS, under Section 267 (2) and (9) and 271 ( 1 ) and (9) the Town Board
is authorized to establish minimum training and attendance standards for members of the
Zoning Board of Appeals and Planning board,
NOW THEREFORE , be it resolved that the Town Board of the Town of Ulysses
adopts the following minimum training and attendance policy for the effective and
efficient function of the Zoning Board of Appeals and Planning Board.
Attendance Policy
Members of the Zoning Board of Appeals and Planning Board will be allowed three (3 )
unexcused absences after which the member will be removed from the respective board
in compliance with Sections 267 (9) or 271 (9) of Town Law.
Definitions
Unexcused — A board member is considered unexcused when said member fails to
notify the chair of the board, or his/her designated representative within. 24 hours in
advance of a prior scheduled meeting . Such time limit shall be waived in an extreme
personal or medical emergency.
Training Policy
Zoning Board of Appeals: Within the first year of service, newly appointed members
shall attend a minimum of one ( 1 ) training seminar or conference on interpreting and.
enforcing a zoning ordinance in New York State .
Planning Board: Within the first year of service, newly appointed members shall attend a
minimum of one ( 1 ) training seminar or conference on interpreting and enforcing a
zoning ordinance in New York State and administering the State Environmental Quality
Review Act (SEQR-Environmental. Conservation Law) .
The Town Board for registration fees will compensate members of the Zoning Board of
Appeals and Planning Board for the required training sessions. The chair of each board
shall submit a notification of expenditure for training for approval by the Town Board
prior to the member attending a training session.
Ms. Poelvoorde will forward a copy to Attorney Bruce Wilson for review before the
Board acts on this resolution.
Supervisor Austic reviewed financial report .
OLD BUSINESS
Meeting for Work on Zoning Ordinance October 13 - 7 : 30 PM
Due to the Planning Board holding a public hearing on this date the meeting on the
zoning ordinance will be re- scheduled.
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Meeker - Town Barn Addition
Mr. Austic asked the Highway Superintendent about estimates for a new door and the
addition on the Town Barn.
Mr. Meeker stated that he has received estimates and has decided to have Cortland
Overhead Door do the replacement door work. He has received estimates for the addition
the highest is from Fingerlakes Construction at $ 19, 178 and the lowest from Ken Poyer at
$ 16710. Mr. Meeker has a couple of questions for Mr. Poyer before he awards the job.
Cayuga Nature Center Street Light
Mr. Austic has received notification from the NYSEG that the light has been put in the
Town of Ulysses name after receiving an okay from the State to have one light .
Other
None heard.
NEW BUSINESS
Budget Meeting Schedule
A work session is scheduled for Monday October 18th, 1999 at 6 PM.
Resolution to Attorney General
Mr. Austic introduced the following draft resolution:
WHEREAS, the Office of the Attorney General was instrumental in achieving
the individual residents ' settlements and establishing monitoring standards and test well
procedures for the 1978 Mobil Oil Company gasoline underground fuel tank leak in the
hamlet of Jacksonville, and
WHEREAS, the intent of the settlement was to provide financial reparations to
the Jacksonville residents most directly affected by the underground gasoline spill while
Mobil tested and reclaimed the spilled fuel to allow future use of the residential
properties Mobil acquired from residents, and
WHEREAS, current testing indicates that petroleum product pollution is still a
problem after 20 years and is not likely to dissipate over time and is beginning to show
signs of spreading to other areas of the hamlet, and
WHEREAS, the residential properties acquired by Mobil continue to deteriorate
in their vacant state and are further contributing to a depressed climate in the hamlet, and
WHEREAS, the only apparent and reasonable long-term solution to the Mobil
Oil Company groundwater pollution situation that will allow current vacant properties to
be sold for occupancy is the installation of a municipal water supply to the hamlet, and
WHEREAS, the Town Board of the Town of Ulysses recently contracted an
engineering studies to explore the installation of a municipal water supply system to
Jacksonville and the study indicated that the cost of such system far exceeds the
$524/household limit as determined by the New York State Comptroller,
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NOW THEREFORE be it resolved that the Ulysses Town Board respectfully requests
to the Attorney General to reopen the Mobil Oil Company case and examine the
responsibility of Mobil Oil Company to rectify the ongoing contamination of
groundwater in the hamlet of Jacksonville and deliver to the residents of the hamlet of
Jacksonville and the Town of Ulysses a responsible solution.
The foregoing resolution will be reviewed by the Town Board and discussed at a later
date .
Parking Lot
As previously discussed the parking lot in the rear of the Town Hall has been completed
accept the sealing will be left until next year along with the painting of the lines.
JCA Wellness Meeting Report
Mr. Austic stated that several of the Town Officials attended the Jacksonville "Well
Awareness" meeting which was very well attended. At that meeting Assemblyman
Luster suggested that the Town sends a resolution to the Attorney General asking him to
re-open the case with Mobil Oil to determine if Mobil has any further liability other than
to the individuals that they purchased the houses from. Since the gas is not clearing up
over time and the property values are declining, hopefully, this could provide additional
help with a water district.
The resolution previously recorded under "Resolution to Attorney General" came from
this request .
Mr. Luster stated at the Jacksonville meeting that he would deliver the resolution to the
Attorney General.
County Community Center Revitalization Grant
Mr. Austic reported that the County is having another round of Community
Revitalization Grant. Mr. Austic gave the information to Mr. Reitz.
Mr. Reitz stated that he talked with the County and they gave him a packet of
information. They indicate strongly that the municipality has a committee to work on
drafting a strategy consisting of town officials, local residents and businesses. He has a
sample from Brooktondale and Slaterville Springs. Mr. Reitz says that there is hope but
not for this next round.
Other
None heard .
Hearing from Groups and Individuals
No one in attendance wished to speak.
Correspondence
Previously discussed.
Adjournment
Hearing no further business Mr. Hillman moved, seconded by Mrs. Duddleston to
adjourn the meeting. Meeting was adjourned at 9 : 35 PM.
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk