HomeMy WebLinkAbout2003-04-08 - TB TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
APRIL 8TH, 2003
PRESENT : Supervisor Douglas Austic ; Councilpeople Lee Scott, Sue Poelvoorde,
Carolyn Duddleston and Robert Weatherby; Highway Superintendent James Meeker;
Code Enforcement Officer Alex Rachun and Town Clerk Marsha L. Georgia.
Others Present : Brain, Ithaca Journal Reporter, Peter Penniman Representative County
Board and Christian Boisonnas, Ulysses Representative Tompkins County E .M . C .
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 3/11 /2003
After minor corrections and/or changes Mrs . Duddleston moved, seconded by Ms .
Poelvoorde to approve the minutes of the Regular Town Board Meeting of March 11 ,
2003 .
Mr. Austic aye
Ms . Poelvoorde aye
Mrs . Duddleston aye
Mr. Scott aye
Mr. Weatherby aye
Adopted.
APPROVAL OF MONTHLY CLAIMS
Ms . Poelvoorde moved, seconded by Mrs . Duddleston to approve the previous examined
vouchers # 125/ 181 in the amount of $ 61 , 524 . 37 .
Mr. Austic aye
Ms . Poelvoorde aye
Mrs . Duddleston aye
Mr. Scott aye
Mr. Weatherby aye
Adopted.
REPORTS OF REPRESENTATIVES
Christian Boisonnas, Representative Tompkins County E .M. C.
Mr. Boisonnas asked for direction on reporting about the County' s Comprehensive Plan.
Mr. Austic stated he also attends meetings on this but would like to hear from him when
E .M. C . touches on topics they are concerned about to hear their perspective . Mr.
Boisonnas stated right now Tompkins County Planning has issued a listing of Tompkins
County Water Bodies of concern that come from DEC . His question to the Board is
"Does the Town wish to have any streams in Ulysses added to this list?" The Board
responded that maybe have Taughannock Creek, Trumansburg Creek and/or Botler
Creek. Mr. Boisonnas also reminded everyone of the program Jacksonville Association
is putting on next week April 16, 2003 , at 7 : 15 PM on "Well Closing" and other
information on the water district .
Trumansburg Fire Department
No one in attendance .
Regular Town Board Meeting
4/8/03
Eric Pond, Barton & Loguidice
Mr. Pond decided not to attend but he did provide the Map, Plan and Report for the
Duboise Water District (Water District # 4) .
Peter Penniman, Representative TC Board of Representatives
Mr. Penniman arrived late see report after Old Business .
TOWN REPORTS
I
Highway Superintendent
Mr. Meeker reported that the highway crew plowed and salted as needed . He did get a
new delivery of salt and they will bill him for an additional charge beyond the original
state bid price.
Code Enforcement Officer
Mr. Rachun reported he has issued five building permits, four for additions and one
business . The Zoning Board of Appeals met on the Trumansburg Golf Course for an area
variance and it was denied.
The other business is the request of Mr. Robert Brown who purchased the property that
was designated in the Town ' s Comprehensive Plan as a "Tourist Commercial Zone" .
What Mr. Brown would like to do is utilize Chapter 4 of the Comprehensive Plan under
implication using existing farm buildings that are no longer b6ng used for farming. He
wants to restructure the farm building on Halseyville Road and use it as a storage facility
for his manufacturing operation (Flo-Tech O& P Systems, Inc . ) This is currently
operating out of the old Maguire Chevy building. Mr. Austic asked why he is indicating
on the map he is going to subdivide. Mr. Rachun stated Mr. Brown wants to subdivide .
This is an entirely separate issue. One lot would be for his daughter to build a house. He
also wants to subdivide the business out of the whole parcel . Mr. Austic asked if he had
to do that. Mr. Rachun said he does not have to do that but he has been advised to for tax
reasons . Mr. Austic stated the rule might state he has to live on the property for a cottage
industry in the new zoning. Mr. Rachun stated he feels he wants to push this through
before the new zoning goes into effect . However Mr. Austic gated if the board pushes it
through it would have to meet with the new zoning requirements . Ms . Poelvoorde stated
he would not be able to sub-divide, except the lot for his daughter. Mr. Austic asked if he
would be okay with this . Mr. Rachun felt he would be . He stated as long as he keeps the
barn and the house together so he is living on the same lot . He does not want to add to it .
He wants to build behind it. A facility that would meet all the environmental
requirements for this type business, which the business is a fairly self-contained business .
There are no by products except for stuff that is trucked out, recycled and brought back.
The plastic that is not used in the prosthetic devises comes back as mold plastic . A very
environmentally friendly business. Mr. Rachun gave him the Site Plan Review
requirements and told him it would be passed on to the Town Board for direction. We
have nothing in the current zoning. We do have something in the Comprehensive Plan
and something purposed in the new zoning ordinance . Mr. Rachun told him if he wanted
to wait for the new ordinance it would be an easy fit. It would require a change in zoning
under the current zoning. Change of zoning is always subject to spot zoning, but being it
is purposed as a mechanism or a device to be used in the new zoning and already exists in.
the Comprehensive Plan under Chapter Four, Mr. Rachun feels there is a possibility it
could withstand this . Mr. Austic asked when he wanted to do this . Mr. Rachun is not
sure . Mr. Austic stated it would take the Board a couple of months . Mr. Rachun stated
he thinks he has a six-month extension at his present location.
Mr. Austic stated this has been talked about during the zoning revision meetings and
everyone thought it is something that could work at that location and it is in the
Comprehensive Plan. Mr. Austic asked the Board if they wanted this passed on to our
attorney to see how it could be done under our present zoning.. In the meantime refer it to
the Planning Department for their consideration. Mr. Rachun has already told Mr. Brown
k
. a
Regular Town Board Meeting
4/8/03
to start the Site Plan Review process . Mr. Scott recommended to Alex that Mr. Brown
get a hold of the State DOT and find out about the intersection of Halseyville Road and
Route 96 because he believes there is a plan for that intersection to be completely re-
done . Mr. Meeker stated the State DOT might not let him have his main driveway where
he is purposing it. The Planning Board may have a recommendation for this . Mr. Austic
stated this would be sent to the Planning Board for them to look at for changing the
zoning, we are asking for their opinion or suggestions . The Board wants the Planning
Board to review the proposal of Robert Brown Sr. to develop the site he owns on the
corner of Halseyville Road and Route 96 . They should review this under Chapter Four of
the Comprehensive Plan as a Cottage Industry for his Flo-Tech business . Ms . Poelvoorde
stated the intent is in the new zoning ordinance but at this time we may not be able to use
it, but may be able to use the Comprehensive Plan .
Mr. Rachun reported he and his Deputy Zoning Officer spent one day last week going
over the Town looking for junk cars and he is going to do it again this Saturday. He
asked to be notified if any cars he is unable to see to be reported to him . He reports he
has issued about thirty violations .
Town Clerk
Mrs . Georgia reported $ 133 . 50 was collected in total fees and, along with her monthly
report, $651 . 14 was turned over to the Supervisor. She also reported she had met with
Williams Law and was given a demo of the Water Software they have . It is a good
program ; the Village of Trumansburg uses the same program at present . She feels it ' s
best to get installed now so her office will be familiar with the program when the Water
District is in place . They would be able to use it now for the other two districts they bill .
Also previously Mr. Austic and Mr. Rachun had looked at a Building/Zoning program.
At the time it was not available in Windows format, but is now. It also allows you to use
a digital camera that would interface with the program to store pictures of property
attached to their tax parcel file.
Mrs . Georgia stated she spoke to Attorney Bruce Wilson about the purchase of New York
Municipal Formbooks (2 Volumes) he uses . The cost is $ 125 through Bruce. They have
a lot of useful information like sample resolutions and reference material .
The voucher the Board processed to Upstate Office is for the purchase of a used Steelcase
bookcase that will be in the conference room and be available for Board members to keep
there information.
Board Members
Mrs. Duddleston reported she is still working with NYSEG on the removal of brush on
VanDorns Corners Road.
Supervisor
Supervisor Austic reviewed the previously distributed Financial Statement and no
questions were heard. He did point out adjustments to be done on a few accounts such as
the Equipment account. The Court will need to purchase a new computer because the
four-year-old system they are using now will not support the new program.
OLD BUSINESS
Town Hall Phone System
After checking prices for phones systems on State Bid (State $ 500 more) the Clerk
ordered the phone system from All-Mode because it was a better price . The phones have
been installed and the training has been completed .
Also Frank Zgola of All-Mode advertised the old phone system on the Internet for sale
and has received a couple of offers . Mrs . Georgia is waiting for a confirmation and
Regular Town Board Meeting
4/8/03
purchase offer from one that is interested for a price of $250 . Once the purchase order is
received she will ship the phones COD .
Other
No other old business
Peter Penniman, Representative TC Board of Representatives
Representative Penniman stated he does not have much to report unless the Board wanted
to hear about the State Budget. Before going into that, he handed out an article he found
in the New York Times about Cargill Salt in Lansing, for any cne interested .
The State Budget will have some negative impacts on the County Budget, not as bad as
last year, but probably a net of about $ 800 ,000 to $ lmillion negative effect . Mostly in
the areas of Public Health/Mental Health and Special Services (DSS ) . It has been real
confusing and obviously not over yet, because of so many changes in the way programs
function. It is only now people are figuring out the way the re- imbursements are working
and the different regulations Governor Pataki implemented. It is certain things are being
cut will have to be faced in the fall is whether we want to keep doing this at County
expense or just cut them out. Mr. Austic stated "like youth programs" . Mr. Penniman
answered yes and a lot of the programs are preventive programs , educational programs,
some of the things that have long term benefits get cut out and have more people at risk,
either getting in trouble or having health problems . One of the things that has become
optional is home care, that is done by the Public Health Department, it was reimbursed at
a 30% rate of State funding and in the new budget has been eliminated so it would be a
100% County funding to keep doing it. Some times the alternative is much more
expensive and people cannot stay in their homes sometimes without it . Another program
to be looked at is the Recreation Partnership, in looking at the County Budget and trying
to cut areas, some of the County legislatures are looking at cutting this under the theory
they got into it to help get the Recreation Partnership formed but it is traditionally a
municipal function and City. Mr. Austic stated he does not see the Town of Ulysses
putting into this what they are talking about. He feels that Ulysses may just pull back and
have more programs at Trumansburg School, because they are purposing it to go to
$ 19 ,000 or more and now it is at $ 6000 . Mr. Penniman stated that the other related
recreational facilities they are looking into for the cost of operating are Cass Park and
Stewart Park. The City has been stating for years that they arc contributing these
facilities to the users of the County, partly for the Recreation Partnership , and also for the
general public to use and they don ' t have the same fees for everyone to go there and they
are running at a loss of about $ 500 ,000 a year for an operating. cost. So they are trying to
get the County and the Town of Ithaca to become equal partners with a cost of about
$200,000 a year per partner. The County is not agreeing to it so it is leaving the City of
Ithaca to have to decide whether to pass more of the cost over to the Recreation
Partnership or have two sets of fees for in the City and out of fiche City residence . They
have not decided and may have to close some of the facilities . At these tight budget
times these are some of the things coming up .
NEW BUSINESS
Push Back Resolution
Mr. Austic is in receipt of a request to join a group of municipalities and residents who
are protesting the State ' s use of property tax to cover the cost of state mandates . They are
asking our board to pass a resolution (two samples provided) demanding the State to
address property tax relief, and forward the resolution to the ( governor and our
representatives in the State Legislature. Resolution No . 1 is titled Unfunded Mandates
and Resolution No . 2 is titled Excessive Property Tax Burden. NYS Association of
Towns adopted the first resolution and the second one was drafted by PushBack and is
broader based.
Ms . Poelvoorde stated the second resolution is a broader resolution and so moves,
seconded by Mr. Weatherby the following:
n
Regular Town Board Meeting
4/8/03
Excessive Property Tax Burden
Whereas, New York State relies primarily on income tax and sales tax as a
sources of revenue, while local governments and schools rely primarily on
property tax and sales tax , and
Whereas, income taxes have been reduced significantly over the last 15 years
under both Republican and Democratic administrations, and
Whereas, property taxes have been rising statewide at an accelerating rate, and
Whereas, State actions that shift expenses and impose new costs on local
governments and school systems have been a driving force behind these property
tax increases, and
Whereas, the STAR program provided significant property tax relief to
homeowners, but this relief has been negated by further costs shifts that have
overwhelmed the impact of STAR, and
Whereas, the total tax burden in New York State has now been transferred to an
excessive degree onto property tax , and
Whereas, this excessive reliance on property tax results in an unfair allocation of
taxes that harms particularly vulnerable businesses and homeowners, now
therefore be it
Resolved, that the Town Board of the Town of Ulysses calls on the Governor and
Legislature to resolve the current State budget crisis without resorting to measures
that simply reallocate costs to schools and local government and force further
property tax increases that will result in the loss of jobs and homes .
Mr. Austic aye
Ms . Poelvoorde aye
Mrs. Duddleston aye
Mr. Scott aye
Mr. Weatherby aye
Adopted.
Dubois Road Water District
Supervisor Austic stated Eric Pond of Barton & Loguidice has provided the Town with a
Map, Plan & Report revisions for Water District # 4 . As previously discussed, in the near
future, some of the residents on the lower part of Dubois road are planning on coming in,
such as the Francis Racker Center and Hinging Post, to request extention of the water
district . The point was it does not make much sense to install a 2" line for District # 4
and than take it up in the future and put in a 8 " line . The way the Town Law reads under
Section 192-a is that the Town can create excess water supply if they feel it is in the
interest of the Town in the future. So if the Town accepts the revised Map, Plan and
Report dated April 2003 , which includes increasing the line size from 2 " to 8 " for a cost
of $ 11 , 847 .
Having explained that Mr. Austic moved, seconded by Mr. Scott the following
resolution :
Whereas, the Town Board of the Town of Ulysses did duly form Ulysses Water
District # 4 on December 10, 2002 and
Whereas , it has become apparent that a petition to extend water to other sections
of the Town is under consideration, and
Ac
Regular Town Board Meeting
4/8/03
Whereas, Water District # 4, as established, does not plan for sufficient piping
sizes to supply water other than to the residents for which it was formed,
Now Therefore Be It Resolved, the Town Board of the Town of Ulysses adopt
the revised Map, Plan and Report for Ulysses Water District # 4 dated April 2003
amended to increase pipe sizes to 8 inch ductile iron with all upgrades to allow
the future extension of the water district ; and
Be It Further Resolved, the added cost of the above upgrades will be assumed
by the Town as a town-wide expense, with the ability to charge future expansions
for said upgrade, pursuant to Town Law section 192-a for excess water capacity.
Mr. Austic aye
Ms . Poelvoorde aye
Mrs . Duddleston aye
Mr. Scott aye
Mr. Weatherby aye
Adopted
Supervisor Austic stated that this expenditure for the added cost to this district would be
subject to a permissive referendum . Ms . Poelvoorde moved, seconded by Mrs .
Duddleston the following resolution:
Whereas, the Town Board of the Town of Ulysses has resolved to create an
excess water supply for Water District # 4 to plan for future expansion of the
district.
Whereas, under the provisions of the revised Map , Plaa and Report for April
2003 Ulysses Water District # 4, to be paid to Water District # 4 as a
reimbursement of its expenses for future town benefit in an amount not to exceed
$ 11 , 847 . 00 .
Now Therefore Be It Resolved, the Town Board of the Town of Ulysses
advertise in the official newspaper for a permissive resolution allowing the
expenditure of funds from the water development reserve fund in an amount not
to exceed $ 11 , 847 . 00 to fund the excess water supply created in the Ulysses
Water District # 4 amended Map , Plan and Report Apnl 2003 .
Mr. Austic aye
Ms . Poelvoorde aye
Mrs . Duddleston aye
Mr. Scott aye
Mr. Weatherby aye
Adopted.
Zoning Ordinance Meeting Scheduling
The Board set a meeting to review the draft Zoning Ordinance for Monday April 21st,
2003 , at 5 : 30 PM in the Town Hall .
Robert Brown Request
Previously discussed under the Code Enforcement Officer' s report.
Other
Supervisor Austic has received information from the State Comptrollers Office about
charging 4 . 5% for State Retirement per payroll . The Town, ( for this year) has budgeted
Regular Town Board Meeting
4/8/03
enough money to cover it. If they use the 11 % to 15 % the Town would not have enough
budgeted .
HEARING FROM INDIVIDUALS AND GROUPS
None heard.
CORRESPONDENCE
Senator Schumer
Supervisor Austic has a letter from Senator Schumer regarding his Local Aid Stimulus
Package of 2003 . It is a bi-partisan bill so-sponsored by Senator Olympia Snowe that
would provide states and localities with $40 billion immediately. One-half of the funds
will go directly to states and one-half of the funds will go directly to cities and other
localities . The individual amount received will be based on size, as measured by
population and need, as measured by unemployment. This shot in the arm will not be a
long-term revenue sharing program . It will be a one-time grant to help weather the
current crisis . The plan would provide immediate short-term economic stimulus that
would help local governments address some of these difficult problems . They ask
municipalities to support this bill and have provided a sample letter of this support . The
Board felt the sample letter did not work .
Ms. Poelvoorde moved, Mr. Scott seconded a resolution authorizing Supervisor Austic to
draft a letter in support of Senator Schumer' s "Local Aid Stimulus Package of 2003 " that
provides one time Federal assistance to State and Local Municipalities during the fiscal
crisis .
Mr. Austic aye
Ms . Poelvoorde aye
Mrs. Duddleston aye
Mr. Scott aye
Mr. Weatherby aye
Adopted.
Girl Scout Request
Mr. Austic received a letter asking if the Town could donated $ 75 to the Girl Scout troup
to help in the Ester Egg Hunt they are sponsoring at the Jacksonville Association for
children in the area. The Board stated that based on Town Law they are unable to donate
for this . The Board did feel they personally might be able to raise the money.
ADJOURNMENT
Hearing no other business Ms . Poelvoorde moved, seconded by Mr. Weatherby to
adjourn the meeting. Unanimously approved the meeting was adjourned at 9 : 05 PM.
Respectfully submitted,
� ' fl s
Marsha L. Georgia
Town Clerk
MLG : mg