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HomeMy WebLinkAbout2003-08-12 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING AUGUST 12 , 2003 PRESENT : Supervisor Douglas Austic ; Council people Lee Scott, Sue Poelvoorde, Carolyn Duddleston and Robert Weatherby; Town Clerk Marsha L. Georgia; Highway Superintendent James Meeker; Code Enforcement Officer Alex Rachun absent. Others Present : Richard Coogan, President Jacksonville Assoc . and Chairman Ulysses Planning Board . Supervisor Austic called the meeting to order at 7 : 30 p . m . , and led those assembled in the Pledge of Allegiance to the Flag of the United States of America. APPROVAL OF MINUTES After minor corrections and/or changes Mr. Weatherby moved, seconded by Mr. Scott to approve the minutes of the Regular Town Board Meeting held July 12 , 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 previously examined vouchers #316 through 367 in the amount of $ 56 , 748 . 23 . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted . REPORTS OF REPRESENTATIVES Tompkins County Representative Peter Penniman — absent Trumansburg Fire Department No report. Richard Coogan, Planning Board Chairman / President Jacksonville Assoc. Mr. Coogan, Chairman Ulysses Planning Board reported there was no business before the Planning Board, other than continuing with the joint meetings with the Town Board to review the Draft Zoning Ordinance. Mr. Coogan, President of the Jacksonville Association reported he would check with Tompkins County Planning in reference to extending the sidewalk project in Jacksonville until the water line has been installed . Town of Ulysses 2 Regular Town Board Meeting 08/ 12/2003 EMC Report Mr. Boisonnas was absent tonight; no report. . Other Mr. Dennis Scott of Adams Rib USA made the following statement to the Town .Board : We respectfully request a change in zoning for 1781 Trumansburg Road. With our apartment complex near completion, we have maintained a space near the roadside of Rte . 96 and are at this time requesting a change that will accommodate retail space . The space is intended to enhance and blend with the community we have created. We anticipate adding an art gallery and print store (which will also include certain household items) , as well as two additional 500 square foot spaces, one to be leased out as a retail office and the other to be used as a fitness center for our tenants . The proposed building for this project will be similar in structure and design to our existing apartments . No further driveways or road entrances will be necessary. The existing septic system has already been approved and installed to accommodate such a space. Our intention is to add to the antiquity of the area provided by other shops located along Trumansburg Road/Rte . 96 . We plan to invite local artists to display and sell their artwork. We have only just begun to landscape the apartment complex and hope (through landscaping and design) to create a breathtaking scene that will only help to accent the areas' beautiful views . We welcome at any time any input you may have regarding this project and thank you for your time and consideration. The Board asked how large this building would be . Mr. Scott stated it would be 28 ' x80 ' and would employ 4 . The Board stated they would turn this over to the Planning Board for consideration and than it would be turned back over to the Town Board to make the final decision on a Zoning Change. TOWN REPORTS James Meeker Highway Superintendent reported they had finished repairing the water lines at the Town Barns and got the electrical service connected to the construction trailer. The crew also has been mowing. Helped Town of Enfield haul stone for paving, cleaned ditches, and then finished paving Durling Road and will do Agard Road next . Mr. Meeker advised the Board he has not heard anything about the new truck but expects to soon. Alex Rachun Code Enforcement Officer In the absence of Mr. Rachun, Mrs . Georgia read his report into the record . For the month of July there were 2 single- family permits issued, 1 alteration, 3 conversions and 1 addition . Also there were 2 zoning-only permits . The two zoning only are a Special Permit for Cornerstone and an Area Vanance for Dr. Newton at the lake . Marsha L. Georgia Town Clerk Mrs . Georgia reported the total fees collected for July were $ 11377 . 00 of that $671 . 11 was turned over to the Supervisor along with her monthly report . Mrs . Georgia stated she has been updating the list of residents that are in Water District WI One list has the vacant land included. She made note of several properties where she knows of new houses or businesses being built in the near future. There is a construction meeting scheduled for Thursday at the job trailer. She has not received the Utilization Plan from Myers Construction but she has received one from Blanding Electric . Blanding ' s Utilization Plan has been forwarded to Albany to the office of Carla Leubner of NYS Environmental Facilities Corporation. Ms . Leubner will advise me if their plan is acceptable . Myers Construction has advised Mrs . Georgia they will have their plan finished and will give it to her at the meeting on Thursday. Marsha had some noise and burning complaints . This will be mentioned at the job meeting. y 7 „t t.. . . . . . I. Town of Ulysses 3 Regular Town Board Meeting 08/ 12/2003 Board Members and Committees No reports heard . Supervisor Mr. Austic reviewed his monthly report . Workman Compensation Fund is overdrawn due to the audit and also Town Board Contractual is overdrawn because of many legal ads for the Water District and Zoning. Mr. Austic suggests these be adjusted later because they will continue to change . OLD BUSINESS Water District #3 Update Supervisor Austic read Eric Ponds report of the progress on Water District #3 as follows : R. Myers has installed nearly 8 , 000 feet of water main (and associated valves and hydrants) extending from the Town line north along Route 96 . Myers has also completed two (2) stream crossings (Nos . 5 and 6) along Route 96 , one ( 1 ) Highway Crossing (No . 6) on Route 96 and has bored the steel casing pipe for installation of Highway Crossing No . 2 across Swamp College Road . In addition to this work, Meyers has also installed taps on the Town of Ithaca's water main on Wolff Lane and has installed the suction and discharge piping up to the site of the new Booster Pumping Station . Our field representative, Jim Radzik, has been busy answering calls from residents regarding the schedule for construction in their area . Meyers has purchased a small lot of stakes, and has been working with Jim on getting stakes to residents to mark their preferred service location . The project is on schedule, with no major problems . The wet weather has slowed progress slightly, but the crew has worked through the inclement weather and remains on target. The Contractor's schedule calls for service taps and curb boxes at the fronts of each property to be installed approximately 2 months behind the installation of the water main piping in a particular area. Therefore, we anticipate individual water service installation to commence in mid- September. Disinfection and final flushing of the new water mains may not begin until the booster pump station and tank are online, which is currently scheduled for late November. Therefore, it appears unlikely residents will be able to connect to the new water system until after the first of the year. We will update you on the schedule for the project as the work progresses . We anticipate receiving our first application for payment from R. Myers later this week, and will have it ready for the Board's approval at the September 9, 2003 meeting. Based on current progress, we anticipate the first estimate for payment will be around $250,000 . Supervisor Austic will also send this to the paper for publication. Contract for Services - Coogan Supervisor Austic stated that Mrs . Georgia has completed the list of properties in District #3 . Many of the properties are listed on the assessment roll as multi-family. What has to be done is verify how many units per property, such as apartments, to determine the EDU ' s to be charged on the tax bill . Mr. Coogan has presented the Board with a contract for up to 10 hours at a rate of $ 12 per hour, for which he will visit the properties and determine the units . Mr. Scott moved, seconded by Mrs . Duddleston the following : BE IT Resolved that the Board authorizes Supervisor Austic to sign the foregoing contract for Mr. Coogan's services : The Town of Ulysses appoints RICHARD COOGAN, CLOUDCROFT CONSULTING, 1843 Trumansburg Road, P . O . Box 127, Jacksonville, NY 14854 to represent the Town of Ulysses in establishing the number of apartment units in multiple resident properties in the Ulysses Water District No . 3 . For purposes of this agreement, an apartment is defined as a separate attached, semi-detached , or detached living space that has a food Town of Ulysses 4 Regular Town Board Meeting 08/ 12/2003 preparation area (stove, refrigerator, sink, etc . ) . The relationship of the resident(s) of the apartment has no bearing on the unit being counted as an apartment within the water district . All apartments in Water District No . 3 will be assessed as 0 . 8 dwelling unit. The Town of Ulysses shall provide RICHARD COOGAN, CLOUDCROFT CONSULTING with an electronic file of all the land parcels by tax number in Water District No . 3 along with the owner(s) name(s) on file and their mailing address . RICHARD COOGAN, CLOUDCROFT CONSULTING will provide a status report to The Town of Ulysses on the parcels in Water District No . 3 that have multiple resident units and the number of units on those parcels . The report shall be in electronic and hardcopy forms . The software program used shall be Microsoft Excel . RICHARD COOGAN, CLOUDCROFT CONSULTING shall notify residents of Water District No . 3 additional curb boxes can be installed during construction of Water District No . 3 for parcels that are currently vacant lots, for parcels where another dwelling or apartment(s) will be erected in the near future, or for parcels that will be split and sold off in the near future . Owners wanting additional curb boxes installed during construction must notify the Town of Ulysses Supervisor in writing regarding the number of additional hookups required for the property. The letter should also state the owner understands the installation of the additional hookup(s) will be assessed the service on debt and service/operation fees for the district. The maximum number of hours to be billed against this agreement is ten ( 10) hours . Work to be completed within one week of signing the agreement. The billing rate for services shall be $ 12 . 00 per hour. Maximum contract value is $ 120 . 00 . Payment shall be within 45 days of completion of project. Payment shall be made out to RICHARD COOGAN DBA CLOUDCROFT CONSULTING RICHARD COOGAN, CLOUDCROFT CONSULTING is an independent agent and will cover all his operating expenses . This memorandum of understanding is nontransferable. Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. Draft Water Agreement - Town of Ithaca Mr. Austic has received a draft water agreement from the Town of Ithaca. There are some things in the agreement our attorney and engineer are concerned about. Both will review this and corrections made and returned to the Town of Ithaca. Mr. Austic has also forwarded a copy of the Town of Ulysses proposed Local Law to Dan Walker of the Town of Ithaca for his review and he got back to Mr. Austic stating that he feels the Law is reasonable . Mr. Austic received a copy of a letter John Levine, Trustee Village of Trumansburg mailed to Bolton Point requesting a maximum draw of 700, 000 gallons a day for their emergency usage. The Town will have to establish what an emergency is for the Village because it is a lot of water. Eric Pond Engineer suggested after a certain amount of time the Village would have to pay an additional fee . A in - Town of Ulysses 5 Regular Town Board Meeting 08/ 12/2003 Petition from Cold Springs Residents not in Water District #3 Mr. Austic received a petition from the residents of lower Cold Springs Road from Route 96 down to Jacksonville Road to be included in the district. Mr. Austic requested Eric Pond to review the petition and come up with the cost . The following is Mr. Pond ' s response . The following is an estimate of the costs involved with serving four parcels (20-2 -6 . 2 , 25 - 2- 1 . 1 , 25 . 2 - 1 . 2 , 25 ---2- 1 . 3 , 25 -2 -4 . 4) along Cold Springs Road east of Rt . 96 : 1125 feet of 8 --inch DIP $43 , 000 State Highway Crossing 11 , 000 Hydrants (2) 3 , 500 Valves (3 ) 2 , 500 Services (4) 2,000 Total Construction $ 62 , 000 Engineering, Legal & Admin . 8 , 000 Total Estimated Cost $ 70, 000 This equates to a per EDU cost of $ 17 , 500 versus $ 9 , 200 for current WD3 customers . Therefore, construction of the extension at this time would not benefit existing WD3 residents . In order to be served by WD3 , the owners of the above listed four properties would each need to contribute approximately $ 8 , 300 ($ 17 , 500-$ 9,200) to WD3 so existing district user charges are not impacted . Mr. Austic will notify the residents who signed the petition about the costs . The cost of this expansion is not favorable and would not be allowed in District #3 . The residents could pay the cost themselves. The Board unanimously agreed the Town would go no further. NEW BUSINESS Local Law, Public Water and Specifications Supervisor Austic previously distributed copies of the proposed Local Law Eric Pond of Barton and Loguidice sent, establishing the Town of Ulysses Public Water procedures . Mr. Austic has provided a copy of this to Attorney Bruce Wilson and Dan Walker of the Town of Ithaca for review. Copies of the Standard Specifications and Details for Water Facilities were also distributed for changes and/or comments . Mr. Austic formally introduced this local law into the record ; "Be it enacted by the Town Board of the Town of Ulysses Local Law No . 1 of 2003 , titled Town of Ulysses Public Water is hereby introduced into Town Record . " Once comments have been received from our attorney and others the Town Board will schedule a meeting to discuss the Law and make any corrections and/or changes before setting a Public Hearing to present the Law to the public . Supervisor Austic stated the Law is set up so no vacant property will be assessed for the district costs but now some residents are inquiring about having a curb box put at their vacant lots for water in the future. The general consensus of the Board is to include something in the letters Mr. Coogan is putting together to indicate to property owners if they wish hook ups on vacant land they come into the office and formally request in writing this be done . Mr. Austic thought we should have our attorney draft some type of formal request . Zoning Revision Meeting A meeting is scheduled for tomorrow, August 13 , 2003 at 6 : 30 p . m . to continue with the review of the Draft Zoning Ordinance with the Planning Board. c Town of Ulysses 6 Regular Town Board Meeting 08/ 12/2003 Hazard Mitigation - Memo of Understanding Revision The Board received the final copy of the Memorandum of Understanding among the County of Tompkins and the Towns of Caroline, Danby, Enfold, Groton, Ithaca, Lansing, and Ulysses to complete a Multi-Jurisdictional All-Hazard Mitigation Plan . Mr. Scott moved, seconded by Ms . Poelvoorde the following : WHEREAS , by November, 2004, participation in the development and adoption of an All-Hazard Mitigation Plan will be required to receive State and Federal funding for certain capital improvements and other hazard mitigation initiatives , and WHEREAS , the signatories of this Memorandum of Understanding wish to prepare a Multi- Jurisdictional All-Hazard Mitigation Plan for Tompkins County in accordance with the requirements of the New York State Emergency Management Office and the Federal Emergency Management Agency, and WHEREAS , the signatories recognize the benefits of preparing a unified Multi- Jurisdictional All-Hazard Mitigation Plan, and WHEREAS , New York State Emergency Management Office grant funds are available to pay for a portion of the costs to prepare an All-Hazard Mitigation Plan, NOW, THEREFORE BE IT RESOLVED , that A . The signatories are the COUNTY OF TOMPKINS (hereinafter " County") and the Towns of Caroline, Danby, Enfield, Groton, Ithaca, Lansing, and Ulysses, (hereinafter "Towns ") , hereinafter jointly called the participating entities . B . The project is the preparation of a Tompkins County Multi-Jurisdictional All-Hazard Mitigation Plan in accordance with the requirements of the New York State Emergency Management Office, suitable for adoption by the participating entities . C . The COUNTY agrees to : 1 . Apply for New York State Emergency Management Office grant funds for the preparation of a Tompkins County Multi-Jurisdictional All-Hazard Mitigation Plan. 2 . Be the recipient for any grant funds received for the purpose of preparing the Tompkins County Multi -Jurisdictional All-Hazard Mitigation Plan. 3 . Administer the grant and comply with the grant reporting requirements of the New York State Emergency Management Office . 4 . Prepare a Request for Proposals to hire a consultant to prepare the Tompkins County Multi-Jurisdictional All-Hazard Mitigation Plan. 5 . Contract with and oversee the work of a consultant hired to prepare the Tompkins County Multi -Jurisdictional All-Hazard Mitigation Plan. 6 . Track grant funds , matching funds , and in-kind services and prepare financial reports in accordance with grant requirements . 7 . Integrate into the Tompkins County Multi-Jurisdictional All-Hazard Mitigation Plan the conclusions and recommendations of the Tompkins County Flood Hazard Mitigation Program assessment. 8 . Participate in a workshop to assess Tompkins County's vulnerability to a variety of natural, technological, and human-caused hazards . • D . The TOWNS agree to : 1 . Pay the difference between the grant funds received and all out-of-pocket costs of preparing the Tompkins County Multi-Jurisdictional All-Hazard Mitigation Plan, in accordance with the following formula, which is based on the 2002 taxable assessed property value, population, and land area, as agreed to by the participating entities : a. Town of Caroline 8 . 97 % b . Town of Danby 9 . 13 % 1; Town of Ulysses 7 Regular Town Board Meeting 08/ 12/2003 c . Town of Enfield 7 . 23 % d. Town of Groton 10 . 95 % e . Town of Ithaca 30 . 75 % f. Town of Lansing 23 . 46 % g. Town of Ulysses 9 . 51 % 2 . Participate in the selection of a consultant. 3 . Assist the hired consultant in collecting from their municipalities ' data for the Tompkins County Multi-Jurisdictional All -Hazard Mitigation Plan. 4 . Take the lead in soliciting public participation, from within their municipalities, in the preparation of the Tompkins County Multi -Jurisdictional All -Hazard Mitigation Plan . 5 . Coordinate the input of other public entities and participants within their jurisdiction (such as Villages, fire departments, school districts , key employers, etc . ) in the preparation of the Tompkins County Multi -Jurisdictional All -Hazard Mitigation Plan. 6 . Provide information and documentation about the cash contributions and in- kind services provided for the project to the County. 7 . Participate in a workshop to assess each Town's vulnerability to a variety of natural, technological, and human-caused hazards . E . The participating entities agree to the following payment schedule : 1 . Upon signing this Memorandum of Understanding, the Towns pay the County their estimated cash contribution in accordance with the above funding formula and the attached 2003 -04 budget for development of the Tompkins County Multi- Jurisdictional All-Hazard Mitigation Plan : a. Town of Caroline $2 , 915 b . Town of Danby $2 , 967 c . Town of Enfield $2 , 350 d . Town of Groton $ 3 , 559 e. Town of Ithaca $ 9, 994 f. Town of Lansing $ 7,625 g. Town of Ulysses $ 3 , 091 2 . At the completion of the project, the County agrees to reimburse the Towns any surplus funds remaining after completion of the Tompkins County Multi - Jurisdictional All- Hazard Mitigation Plan in accordance with the formula above . 3 . If the funds the Towns paid are less than the amount necessary to complete the Tompkins County Multi -Jurisdictional All - Hazard Mitigation Plan, the Towns and County agree to meet, prior to the expenditure of all collected funds, to Negotiate completion of the Tompkins County Multi-Jurisdictional All -Hazard Mitigation Plan. 4 . If any Town fails to make payment under paragraph 1 or paragraph 3 to the County within 60 days of receipt of an invoice from the County, the remaining Towns and County agree to meet to negotiate the terms of this agreement. F. The Towns shall indemnify, hold harmless and defend Tompkins County and its officers, employees, agents and elected officials from and against any and all claims and actions brought against Tompkins County and its officers, employees, agents and elected officials for injury or death to any person or persons or damage to property arising out of the performance of this contract by the Towns , their employees, subcontractors or agents . The County shall indemnify, hold harmless and defend the Towns and their officers, employees, agents and elected officials from and against any and all claims and actions brought against the Towns and their officers, employees, agents and elected officials for injury or death to any person or persons or damage to property arising out of the performance of this contract by the County, its employees, subcontractors or agents . Mr. Austic aye Ms. Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye -7 . . , Town of Ulysses 8 Regular Town Board Meeting 08/ 12/2003 Mr. Weatherby aye Adopted . Barton & Loguidice - Fuel Tank Plan Supervisor Austic received a letter from Barton & Loguidice stating that there is a new law out about fuel tanks . The Town is required to have a plan for our fuel tanks . Mr. Austic and Mr. Meeker feel they can come up with our own plan. Water District No.5 Supervisor Austic has received the Map, Plan and Report for Water District # 5 and the following statement from Eric Pond : We have drafted the Map , Plan & Report (MP&R) for Water District No . 5 (Indian Point and Waterburg Road) for Board consideration . This MP&R should be reviewed with the Village of Trumansburg, as a water supply agreement will need to be formalized between the municipalities . An agreement should be drafted and costs finalized prior to the Board authorizing the MP&R and making a formal petition available for signature . The MP &R includes the following key points : • Trumansburg would retain ownership and associated maintenance of the AC main . • • Ulysses would assume responsibility for water services to the property line. • Ulysses would buy water from Trumansburg at their current out-of-village rate as one large user. • Savings due to bulk purchase of water would offset the proposed Town O&M charge necessary to cover administrative costs and maintenance of water services, resulting in a net savings to District residents . • District formation costs were proportioned such that those parcels that do not front the waterline pay 1 / 10th of the amount charged to parcels that do front the waterline . Please note that SEQR needs to be completed for district formation even though no construction is proposed . A copy of a completed Short EAF was faxed to the Town office for this purpose . Mr. Austic stated that the cost per user would most likely be less to each user in the District, but would depend on the cost of water from the Village . The first thing is for the Town to negotiate a contract for water with the Village, because if they don ' t agree to this District the project is going nowhere . After that the Town will review this Map , Plan & Report, than make this information known to the residents within this district, than see if they are interested in a formal petition. Water District #3 Easements Mr. Austic is still working on the easements for Blue Ox and the Millers . Blue Ox is being held up due to NYSDEC and is trying to get things settled to sign. The Millers are disputing their property line that is on the Easement. Mr. Austic feels the fastest way to settle the dispute is to have TG Millers survey the front line and than if it is different Barton & Loguidice will redesign the easement and Mr. Miller said he would than sign. The cost to have this surveyed would be $250 / $ 300 . This is much less than going for E eminent domain. User List for Water District # 3 Previously discussed . Hearing no further discussions Ms . Poelvoorde moved, seconded by Mr. Weatherby and } Mr. Scott to adjourn the meeting. Unanimously approved. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk y t N' ENIIMIMIEM Q . . . . Town of Ulysses 9 Regular Town Board Meeting 08/ 12/2003 MLG : mg 0