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HomeMy WebLinkAbout2003-03-11 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING MARCH 11 , 2003 PRESENT : Supervisor Douglas Austic ; Councilpeople Lee Scott, Sue Poelvoorde, Carolyn Duddleston and Robert Weatherby; Code Enforcement Officer Alex Rachun; Highway Superintendent James Meeker; Town Clerk Marsha L. Georgia ABSENT : Tompkins County Board Representative Peter Penniman OTHERS PRESENT: Planning Board Chairman Richard Coogan; Christian Boisonnas, Ulysses Representative Tompkins County E .M . C . ; Free Press Reporter Grace Wolf Supervisor Austic called the meeting to order at 7 : 30 pm , and led those assembled in the Pledge of Allegiance to the Flag of the United States of America. APPROVAL OF MINUTES — Regular Town Board Meeting of 2/11/2003, Special Board Meeting 2/27/03 After advising the Town Clerk of some minor clerical errors Mrs . Duddleston moved, seconded by Mr. Scott to approve the minutes as corrected for the Regular Town Board Meeting of February 11 , 2003 and the Special Town Board Meeting of February 27 , 2003 . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. APPROVAL OF MONTHLY CLAIMS Mrs . Duddleston moved, seconded by Mr. Scott to approve the previous examined vouchers #73 through # 124 in the amount of $49 ,284 . 87 . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. REPORTS OF REPRESENTATIVES Peter Penniman, Representative TC Board of Representatives Mr. Penniman is representing Tompkins County at a meeting with Mayor Bloomberg, New York City, to protest the effect of State mandates on budgets and to ask for assistance from the Legislature and Governor. Trumansburg Fire Department No one in attendance no report. Richard Coogan, Chairman Planning Board Mr. Coogan reported that the Planning Board adopted the Site Plan for the Trumansburg Golf and Recreation Association with conditions . The BZA is holding a Public Hearing on an area variance on March 18th, 2003 because the building is less than 100 ' from the property line of the Town of Ulysses Town Clerk 2 Regular Board Meeting 3/ 11 /2003 Maguire ' s . Mr. Maguire attended the Planning Board Meeting and expressed his concerns about this . The Planning Board did, as one of the conditions, tell the Golf Course that they had to install a fence along the property line of the Maguire ' s to shield the lights and noise . At the Planning Boards next meeting (March 12th) Mr. Coogan will have them appoint a Vice Chair because he will be out of town in April . Mr. Coogan advised the Board he and Councilwoman Poelvoorde met and discussed having Attorney Bruce Wilson come and educate the Planning Board on things such as procedures of a Public Hearing, dates when filings have to be done, general overall role of the Planning Board and what to look for in applications . Ms . Poelvoorde stated she spoke with John Kanter Town of Ithaca Planner and he would be happy to come talk with the Board. The Planning Board Members would like to see yearly training done and would be easier to attend if done Saturday mornings . Mr. Coogan stated he received two examples of what is required for site plan review from the City of Ithaca and the Town of Ithaca. Both are a lot less restrictive than what we have and seems very reasonable . The Planning Board plans on revisiting the Zoning Ordinance and getting back to the Town Board with their comments . May need another joint meeting. Rabbit Run Road Water Mr. Koppel (purchasing land on Rabbit Run Road) inquired about municipal water being provided on Rabbit Run Road. Mr. Austic explained the process and the Town Clerk gave him a flow chart the engineers have provided. TOWN REPORTS Highway Superintendent Mr. Meeker reported that the highway crew plowed and salted as needed, patched some large holes in the roads and replaced the tires on the HWD Truck. He also had to replace the tires on the 98 Mack before it could be inspected. He has received 300 ton of salt. No word on the price . He did consult his contract and it states they are suppose to pre-notify him of any increase in price and that there is a ceiling of 15 % increase. Code Enforcement Officer Mr. Rachun reported he issued 4 building permits for alterations and additions . He agrees the Planning Board does need some guidelines of review of Site Plan because it was very evident at the last Planning Board Meeting when they addressed the BZA issue of an area variance, which is out of their jurisdiction. Town Clerk Mrs . Georgia reported that the monthly reports were completed and the fees were turned over to the Supervisor. Her office is working on getting the building and zoning files in order for microfilming. She has checked on having them scanned and the records placed on disk for easier access . Board Members Councilwoman Poelvoorde reported on her trip to the NYS Association of Towns Annual Meeting in New York City. She attended training on several topics such as the Storm Water Phase II and a section on the issue of contributions to different organizations and what is allowed. Town of Ulysses Town Clerk 3 Regular Board Meeting 3/ 11 /2003 Supervisor Supervisor Austic reviewed the financial report . The fund that covers payroll for snow plowing is over expended and the general consensus of the Board was to hold off for any adjustments until that season is over. There is money in the contingent fund to cover. OLD BUSINESS Storm Water NOI Supervisor Austic advised the Board the changes were made on the "Notice of Intent ' and it has been signed and filed with NYSDEC on the deadline of March 5th, 2003 . Other None heard . OLD BUSINESS Bonding Resolution (Water District #3) Supervisor Austic read the resolution in its entirety into record. Mrs . Duddleston moved, seconded by Mr. Scott the following resolution: BOND RESOLUTION DATED MARCH 11 , 2003 A RESOLUTION AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF A WATER SUPPLY AND DISTRIBUTION SYSTEM TO RESIDENTS OF THE AREA ESTABLISHED AS THE TOWN OF ULYSSES WATER DISTRICT NO. 3 IN THE TOWN OF ULYSSES AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF ULYSSES , TOMPKINS COUNTY, NEW YORK, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3 ,230,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR. BE IT RESOLVED, by the Town Board of the Town of Ulysses, Tompkins County, New York (the "Town") (by the favorable vote of not less than two-thirds of all of the members of the Town Board) as follows : SECTION 1 . The specific purpose (hereinafter referred to as "purpose") to be financed pursuant to this resolution is the acquisition, construction, and installation of a water supply and distribution system to residents of the area established as the Town of Ulysses Water District No . 3 of the Town, consisting of the installation of approximately 9 . 2 miles of 8 -inch, 10-inch, and 12-inch water mains to run generally along NYS Route 96 in the Town, from the Town boundary with the Town of Ithaca to the western end of Cold Springs Road, water services, valves, hydrants and other appurtenants to convey potable water obtained from a connection to the existing Town of Ithaca water system, a new booster pumping station located on Woolf Lane in the Town of Ithaca and water storage to be provided by a new 208 ,000 gallon water storage tank located on VanDorns Corners Road, at its intersection with Iradell Road (the "Project") . The estimated maximum cost of said purpose is $3 ,230,000 . SECTION 2 . The Town Board plans to finance the total cost of said purpose through the issuance of serial bonds in an amount not to exceed $ 3 ,230,000 of said Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, including the placement of such obligations through a no interest, direct loan administered by the New York State Environmental Facilities Corporation ("EFC") through its Drinking Water State Revolving Loan Fund ("DWSRF") and from other monies to be received from the Village of Trumansburg and a New York State Strategic Investment Program Grant. I . ! MEM Town of Ulysses Town Clerk 4 Regular Board Meeting 3/ 11 /2003 SECTION 3 . It is hereby determined that said purpose is an object or purpose described in subdivision 1 of paragraph (a) of Section 11 . 00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 40 years . SECTION 4. It is hereby determined that the proposed maturity of the obligations authorized by this resolution will be in excess of five (5) years . SECTION 5 . Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of such bonds pursuant to subdivision 9 of paragraph (d) of Section 107 of the Local Finance Law. SECTION 6 . The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable . An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable . SECTION 7 . Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 30 . 00, 50. 00 and 56 . 00 to 63 . 00, inclusive, of said Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes and the power to prescribe the terms, form and content of said serial bonds, and said bond anticipation notes, and the power to sell and deliver said serial bonds and any bond anticipation notes issued in anticipation of the issuance of such bonds, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said serial bonds, and the Town Clerk is hereby authorized to affix the corporate seal of said Town to any of said serial bonds or any bond anticipation notes and to attest such seal. SECTION 8 . Pending the sale of the bonds and bond anticipation notes herein authorized, the temporary use of funds from the Town' s general fund, pursuant to the provisions of Section 165 . 10 of the New York Local Finance Law, is hereby authorized. The Town reasonably expects to reimburse such temporary expenditures with the proceeds of the bonds and bond anticipation notes authorized by Sections 2 and 7 of this resolution. This resolution shall constitute the Town ' s "official intent" to reimburse such temporary expenditures in accordance with the United States Treasury Regulation 1 . 150-2 . SECTION 9 . The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 o [ the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as "qualified tax-exempt obligations" in accordance with Section 265 (b)(3) of the Code. SECTION 10 . Pursuant to Article 8 of the Environmental Conservation Law, Chapter 43 -B of the Consolidated Laws of New York, as amended and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York (collectively referred to hereinafter as "SEQRA"), the Town, as Lead Agency (as said quoted term is defined in SEQRA) completed a coordinated review with all involved agencies for purposes of SEQRA compliance . By resolution dated August 14, 2001 , the Town, upon review of a Full Environmental Assessment Form (the "EAF") determined (i) that the acquisition, construction and installation the Project constitutes a "Type I Action" (as said quoted term is defined in SEQRA) which will not have a significant effect on the environment, and (ii) as a consequence of the foregoing, issued a Negative Declaration with respect to the Project, a copy of which shall be filed in the main office of the Town in a file that is readily accessible to the public and, therefore, no other determination or procedures under SEQRA is required. Town of Ulysses Town Clerk 5 Regular Board Meeting 3/ 11 /2003 SECTION 11 . The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested pursuant to Section 80 . 00 of the Local Finance Law only if: ( 1 ) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (3 ) Such obligations are authorized in violation of the provisions of the Constitution of New York. SECTION 12 . The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81 . 00 of the Local Finance Law, in The Ithaca Journal, a newspaper having a general circulation in said Town and hereby designated as the official newspaper of said Town for such publication. SECTION 13 . The firm of Hiscock & Barclay, LLP is hereby appointed Bond Counsel of the Town in connection with the bonds and notes herein authorized . SECTION 14. This resolution shall not be subject to permissive referendum. SECTION 15 . This resolution shall become effective immediately upon its adoption. The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows : Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye The foregoing resolution was thereupon declared duly adopted . Other Mr. Austic advised the Board that quotes have been received on a new phone system. He commented that the phones currently being used are over twenty years old and are frequently in need of repair. The cost to repair one phone is around $200 and than there is no guarantee they will work after that. The Board asked the clerk if she could get a quote from or see what the price would be on State Contract. Correspondence Senator Schumer Office Senator Schumer informed the Town about a couple of items being discussed in the State Budget such as prevailing wages (not making local governments pay on contracts) and how municipalities will pay for State Retirement Funds by extending over a number of years . Also included information about grants from the Federal Government for finding on such things as "Assistant for Fire Fighters Grant" (Mr. Austic has forwarded this on to the Fire Chief), other grants are for "eligible communities", which Mr. Austic will have to look into to get the definition of eligible community Cayuga Medical Center It is time to re-appoint a representative to Cayuga Medical Center. Roger Rector is currently representing the Town and he would like to continue. Town of Ulysses Town Clerk 6 Regular Board Meeting 3 / 11 /2003 Mr. Scott moved, seconded by Mrs . Duddleston the following : BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Roger N. Rector to be the representative of the Town to Cayuga Medical Center for a term of 2 years . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted . Ms . Poelvoorde moved, seconded by Mr. Scott to adjourn to executive session to discuss potential litigation. Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted . Meeting adjourned to executive session at 8 : 35 pm . Meeting reconvened at 8 : 45 pm. Ms . Poelvoorde moved, seconded by Mr. Scott the following : BE IT RESOLVED that the Town Board of the Town of Ulysses direct Attorney Bruce Wilson to proceed with the filing of "Eminent Domain" for the property located on Woolf Lane for Water District #3 . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted . Supervisor Austic announced a meeting at the Tompkins County Public Works on Emergency Management to be held March 27th, 2003 and also the meeting of the Municipal Officers on March 18th, 2003 . Hearing no further business Mr. Weatherby moved, seconded by Mrs . Duddleston to adjourn the meeting. Hearing no objection the meeting was adjourned at 8 : 55 pm . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mg