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HomeMy WebLinkAbout1995-08-08 - TB 31 • urflu ; Q0m Town of Ulysses 2 Regular Town Board Meeting August 8 , 1995 The Board reviewed the contract that the Village Attorney had w ritten up and faxed to Mr . Wilson . Item # 10 in the contract states that this agreement shall be perpetuity commencing from the execution hereof , provided , however , that the Village reserves the right upon 5 months prior written notice to the Town , to unilaterally terminate agreement . The Town Board and Mr . Seafuse are not comfortable with this statement . It has not been in any other agreement that the Village has done for water - n or was it in the agreement when the Single - User District was e stablished with Alpha House . Also item # 7 where it states the Town will be responsible for and reimburse the Village for all legal and engineering costs incurred by the Village as a result • of the creation of this water district and this agreement . Mr . Wilson will contact Mr . Patte , the Village ' s Attorney , to d iscuss . Mr . Wilson stated that the attorney put this in because the Village has not seen this contract as of yet . The contract w ith the Village will be tabled at this time . Doing so will not h old up the establishment of the District tonight if the Board w ishes to pursue . SEQR - - Mr . Rachun , acting for the Town who is the lead agent reviewed the Short Environmental Assessment Form . Mr . Seafuse the developer filled out Part I . Mr . Rachun explained Part II - Environmental Assessment that this is considered an unlisted action . Questions A thru D were all NO answers . Mr . Reitz moved , seconded by Mr . Weatherby the following ; WHEREAS , after due deliberation of the environmental assessment of proposed project presented on the Short Environmental Assessment Form , RESOLVED , that the Town Board of the Town of Ulysses has made a declaration of negative significance . Mr . Austic aye Mrs . Stover aye Mr . Reitz aye Mr . Weatherby aye Adopted . Mr . Wilson asked that the Board make a separate resolution relative to the provisions in Town Law requiring the Town to authorize the line to run along Falls Road , under Town Law Section 202 ( f ) ( 3 ) . Mr . Reitz moved , seconded by Mrs . Stover the following ; RESOLVED , that the Town Board of the Town of Ulysses , pursuant to Town Law Section 202 ( f ) ( 3 ) , authorizes the use of the South side of Falls Road for a water line to the district . • Mr . Austic aye Mrs . Stover aye Mr . Reitz aye Mr . Weatherby aye Adopted . Mr . Austic moved , seconded by Mr . Weatherby the following ; RESOLVED , that the Town Board of the Town of Ulysses accepts the amended petition , filed by Mr . Seafuse , dated August 8 , 1995 . Mr . Austic aye 83 Town of Ulysses 3 Regular Town Board Meeting August 8 , 1995 Mrs . Stover aye Mr . Reitz aye Mr . Weatherby aye Adopted . Mr . Reitz moved , seconded by Mrs . Stover the following ; RESOLVED , that the Town Board of the Town of Ulysses accepts the Contract of Indemnity with Mr . Seafuse for the • formation of a water district . FURTHER RESOLVED to authorize that Supervisor Austic signs said contract this 8th day of August , 1995 . Mr . Austic aye Mrs . Stover aye Mr . Reitz aye Mr . Weatherby aye Adopted . Mr . Weatherby moved , seconded by Mr . Reitz the following ; WHEREAS , the Town of Ulysses has an interest in the health , safety and welfare of its residents and the general public , and WHEREAS , it has come to the attention of this Board by the P etition of Jimmy G . Seafuse , dated June 21 , 1995 , that there is a need within the Town for water service to lands presently owned by him and upon which Shursave Grocery Store is located , and WHEREAS , pursuant to Article 12 of the Town Law , the Town may establish a single user water district upon the premises of the Petitioner as described in the Amended Petition , and WHEREAS , a public hearing was duly held on July 31 , 1995 by the Town Board to consider the community need for such a d istrict , and WHEREAS , the district is commercially zoned , and WHEREAS , approvals for such a district have been secured from 1 ) the Tompkins County Health Department by letter of July 26 , 1995 , 2 ) the Village of Trumansburg by Resolution dated February 22 , 1995 , approving extension of the Village water supply to such a district up to 2 , 200 gallons per day , 3 ) the Tompkins County Highway Department , by permit dated July 24 , 1995 , relative to water conduits running from the hydrant at the intersection of Cemetery Road and Falls Road , 4 ) from John H . D uddleston by easement dated August 8 , 1995 , allowing water conduits running from Falls Road to the proposed district , and • WHEREAS , a contract has been agreed to between the Village o f Trumansburg and the Town of Ulysses for water service to the proposed district to be executed after approval of said district in the approximate language attached hereto as Exhibit " A " , and WHEREAS , a contract of indemnity has been entered into between the Petitioner , Jimmy G . Seafuse and the Town of Ulysses ✓ elative to the district , and intended to be binding upon future o wners of property in said district , and WHEREAS , the Board has made a declaration of negative significance , after due deliberation , as the environmental assessment of such project pursuant to the State Environmental Quality Review Act as an unlisted action , and Town of Ulysses 4 Regular Town Board Meeting August 8 , 1995 WHEREAS , the Town has passed a Resolution pursuant to Town Law Section 202 ( f ) ( 3 ) authorizing the use of Falls Road for a water line to the district , and WHEREAS , the Board is satisfied with the survey , engineering plans and boundaries of such district , and WHEREAS , the board is informed and satisfied that all expenses connected with the creation of this district are to be borne by the owners of land in said district with the sole owner of said lands presently being Jimmy G . Seafuse , the Petitioner , NOW , THEREFORE , BE IT RESOLVED : 1 ) That the water district is hereby approved as submitted and duly adopted as Water District # 2 for the Town of Ulysses with the Town Board sitting as the Board of Water Commissioners . 2 ) That the district shall be defined as described in said Petition , being tax parcel # 13 - 3 - 2 , and set forth in Liber 633 Deeds at page 102 in Tompkins county Clerk ' s Office with the addition of the easement from Duddleston to Seafuse for a 20 foot right of way for water , as filed with the County Clerk and attached hereto , and rights of way along Falls Road . 3 ) That all construction , repair , replacement and maintenance costs , as well as water usage costs contracted for , are the sole responsibility of the district and shall be borne solely by ad valorem taxes on property within said district , or surcharges on water usage as determined by the Board . 4 ) That all future contracts with the Village of Trumansburg , as water supplier to this district , and financial management plans of the district for capital or operating costs , and all future hook - ups within the defined district , be approved by this Town Board , sitting as the Board of Water Commissioners for Water District # 2 , and that the existing owners shall submit a financial plan satisfactory to this Board annually for purposes of determining annual ad valorem taxes to be imposed on this district . 5 ) That the Town Supervisor is hereby authorized to execute any and all documents on behalf of this Board for purposes of effectuating this Resolution . Mr . Austic aye Mrs . Stover aye Mr . Reitz aye Mr . Weatherby aye Adopted Mr . Wilson stated that the foregoing resolution should be certified and copied and filed with NYS Health Department , Tompkins Co . Clerk ' s Office . Tompkins County Health Department , and State Comptroller . REPORTS Code Enforcement Officer , Alex Rachun reported he had issued 8 permits . Old Babcock Building ( Monroe Square ) is being marketed . Highway Superintendent , James Meeker reported cutting tree limbs , cleaned ditches , sealed roads , installed culvert pipe . Received new pick - up truck and has consigned the old one to auction . Also , requested the Village put a STOP sign up at intersection of Falls Rd and Cemetery Rd . They need a reason . Town of Ulysses 5 Regular Town Board Meeting August 8 , 1995 Town Clerk , Marsha Georgia reported total fees collected for the month of July $ 2 , 081 . 32 . Final report was done through State E ducation Dept . on the SARA Grant we just finished for microfilming . Final payment of $ 1000 . will be received shortly . Conservation sales start on Monday , August 14th . B oard Members : Tom Reitz said the Jacksonville United Methodist Church is having a 200th Celebration September 15 - 17 . Would like to use Manse Rd . ( close it off ) for events to be held . Mr . Meeker didn ' t see a problem with it . • Supervisor ' s Financial Report : Mr . Austic distributed and read . N o questions . O LD BUSINESS Town Hall Building - Mr . Austic showed the plans submitted by the architect ; basically an addition to the Village Hall . About 1500 ' addition , share Courtroom and handicapped bathrooms . Will share these plans with the Village and get their opinion ; if can ' t work it out need to get started on doing something with this building . Jacksonville / Mobil Oil - Mr . Reitz said another well has been put in on the east side of the highway ; using it for chemical analysis . Possibility of removing two of the buildings [ Luce & Moe properties ] and leave O ' Neil and Fearon properties . N EW BUSINESS County Solid Waste - Mr . Austic said he went to a meeting regarding collection of the solid waste fee ; needs an agreement from the Town to this effect . They are offering a computer , upgrade software or $ 2200 . in cash . One time deal . Have added that the County will indemnify the Towns . Most Towns are against collecting the fee . After short discussion , Mr . Reitz moved , seconded by Mr . Weatherby that the Town of Ulysses vote against collecting the annual County Solid Waste Fee . Mr . Austic aye Mr . Reitz aye Mrs . Stover aye Mr . Weatherby aye Adopted . E arly Retirement - Mr . Austic said we have two employees that are e ligible to be offered early retirement . Discussed it with them and if they decided to take it would be retired as of December 31 , 1995 . The Town would have to pay for five years 15 % of the D eputy Clerk ' s salary and 9 % of the highway workers salary . Turns out to be a total of approximately $ 20 , 000 . over the five years . Talked with both employees and they decided not to take the option . Auble District Meeting - Having an informational meeting on W ednesday at 7 : 30pm at the Village Hall . Was originally scheduled for Monday , but the Village will be meeting and d iscussing this that night . Will show the engineering report and g enerally discuss the situation ; rates , new districts , etc . O ther - Mr . Austic asked if anyone remembered how the Master Plan Committee was established , how many people serve , and what are the responsibilities ? Need to know how many people are on the Committee . . . coming down to a vote and need to know who is e ligible to vote . Mrs . Georgia said that there is something in the minutes , just needs to look it up . Town of Ulysses 6 Regular Town Board Meeting August 8 , 1995 Mr . Reitz said the Master Plan Committee is a sub - committee of the Planning Board . Mr . Austic said he understands that , but needs to know how many people are on the Committee and who they are . Mrs . Stover said the Town Board minutes should show the original members . Mr . Austic said guidelines should be set . . . number of members , term of appointment , etc . They need direction . Mr . Weatherby suggested having Master Plan Members meet with the Town Board . Was decided to review the list of members , speak with each of them to see if they wish to continue serving and then go from there . Correspondence Mr . Austic reviewed correspondence received . Hearing no further business , Mr . Reitz moved , seconded by Mrs . Stover to adjourn the meeting . Unanimously approved , the meeting adjourned at 10 : 30pm . Respectfully submitted , Marsha L . Georgia Town Clerk pm •