Loading...
HomeMy WebLinkAbout2003-12-09 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING DECEMBER 9, 2003 PRESENT : Supervisor Douglas Austic ; Councilpeople Carolyn Duddleston, Sue Poelvoorde, Lee Scott and Robert Weatherby; Highway Superintendent James Meeker; Town Clerk Marsha L. Georgia and Code Enforcement Officer Alex Rachun. Others Present : Attorney Bruce Wilson, Planning Board Chairman Richard Coogan, Peter Penniman County Board Representative, Roxanne Marion, Don Ellis, Kurt Dunham, and Victoria Hesson and Kaityn Mitchell , High School Students . APPROVAL OF MINUTES : Regular Town Board 11 /4/2003 — Special Town Board Meetings of 11 /5/2003, 11 /13/2003/ 11 / 19/2003 , 11 /25/2003 and 12/01 /2003 — Joint Town Board / Planning Board Meetings 8/5/2003,8/ 13/2003, 10/16/2003 and 10/23/2003 . After minor corrections and/or changes noted to the Town Clerk, Ms . Poelvoorde moved, seconded by Mrs . Duddleston to approve the minutes listed above . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. APPROVAL OF CLAIMS Mr. Scott moved, seconded by Mr. Weatherby to approve the previous examined vouchers number 529 through 583 in the amount of $66 , 283 . 84 . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. REPORTS OF REPRESENTATIVES County Representative Peter Penniman — had not yet arrived. Trumansburg Fire Department — no one in attendance . Planning Board Chairman Richard Coogan — reported that the Planning Board had finished their review of the PDD application from Flo -Tech, Inc . and have made their recommendations to the Town Board . The Planning Board will continue with Site Plan Review. TOWN REPORTS Highway Superintendent James Meeker — reported that the Highway Department finished mowing back roads, helped Town of Caroline with road shoulders , hauling stone, removed a large pine tree in the cemetery on Jacksonville Road, washed and waxed trucks, changed the oil, and got the trucks inspected and plowed and salted the roads as needed. Regular Town Board Meeting 12/09/2903 Code Enforcement Officer Alex Rachun - reported that five building permits were issued — two for single-family starts — three additions and one I3ZA Area Variance on the Lake that was approved. Town Clerk Marsha L. Georgia - reported that a total of $ 3 , 206 fees for the month of November were collected — of that $2, 535 . 73 was sent to DEC for sporting licenses and $560 . 97 was turned over to the Supervisor along with her monthly report. A total of $ 1 ,211 . 00 was collected for 7 plumbing permits, 1 additional tap purchase and 4 contractor registrations . Board Members and Committees - no reports given. Supervisor Douglas Austic - reviewed the Financial Report and stated that some accounts ! do need adjustments, but it would be better to wait until the end of the year. No questions were heard. OLD BUSINESS Water District #3 Progress Report Mr. Austic reviewed the progress report from Barton & Loguidice . The main line has been completed and they are still waiting for electric to be finished at the pumping station and the tank before any testing can be completed on the line . Version has been contacted for phone service to the pumping station . They are over 85 % completed with installing curb-boxes to the property owners . Personal Water Craft Regulation Discussion Mr. Austic had attended a meeting with Tompkins County Board and a few other Towns to review, what the County Water Resource Council recommendations on personal watercraft. Sheriff Meskill and Ed Marx from County Planning were also in attendance . • Sheriff Meskill stated that it is very difficult to enforce the laws all ready in place and does not see enforcement of new laws . The question to our Board is what do we want to do — precede doing a law of our own, adopting the same law that the Town of Lansing has or awaiting to see what the Town of Ithaca / City of Ithaca comes up with or the County. The general consensus was to have some joint meetings with the Town of Ithaca, the City of Ithaca and Tompkins County, than hopefully be all on the same agenda and if it is different with what the Town of Lansing has done to -date than maybe Lansing will amend what they have . Other Flo-Tech PDD - The Board set a Public Hearing for Tuesday January 6 , 2004 at 7 P . M . to hear comments from the public and for Board review of SEAR. County Board Representative Peter Penniman - Mr. Penniman arrived and the first thing on his agenda was to thank Mrs . Duddleston and Ms . Poelvoorde for their dedicated service to the Town Board. He than reported that the County Budget passed and he voted against it He, stated that they' re a number of things in the Budget that are very difficult to cut. He would like to see municipalities get involved earlier in the budget process . Mr. Penniman updated the proposed repair of the two bridges on Route 227 and the discussion about the detour to be put into place during and before the construction. Mr. . Meeker does not agree with the detours that have been discussed . Mr. Penniman stated that there would be another meeting to coordinate this . NEW BUSINESS R. Myers Construction Payment Request Supervisor Austic received the payment request and also the recommendation from the Regular Town Board Meeting 12/09/2003 engineer' s for the fourth payment . Mrs . Duddleston moved, seconded by Ms . Poelvoorde the following : Whereas, the Town of Ulysses has received the certified Fourth Submission for work completed through November 21 , 2003 Contract No . 1 A — General Construction DWSRF Project No . 16097 and Whereas, the total amount of work done to date is $2 , 044,792 . 56 No monies are being requested for stored materials under this payment and , Whereas, a retainage of five percent (5 %) of the value of work done to date and materials stored on-site, totaling $ 102 ,239 . 63 , has been withheld from the payment per the Contract Specifications and Whereas, the total amount due the contractor for the fourth payment is $423 ,095 . 77 and, Whereas, Barton & Loguidice, after review, authorize the Town Board of the Town of Ulysses to make the fourth payment to R. Myers Construction, Inc . in the amount of $423 ,095 . 77 for work completed for the period ending November 21 , 2003 , Now Therefore Be It Resolved, the Town Board of the Town of Ulysses authorizes Supervisor Austic to issue a check to R. Myers Construction, Inc . in the amount of $423 , 095 . 77 for the fourth payment for Town of Ulysses Water District No . # 3 Water System Improvements . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. Amendment to the Standards Specifications and Details for Water Facilities District #3 Mr. Austic introduced and moved, seconded by Mr. Scott the following resolution : Whereas , the Town Board of the Town of Ulysses did approve and establish standard specifications for the Town ' s water facilities on September 15 , 2003 ; and Whereas, it has become evident that some sections need to be amended to modify the specifications and clarify the details ; and Whereas , strict adherence to the requirement of section 2 . 15 may create a hardship upon resident users due to the availability of Mueller/McCullough tile set meter boxes locally; and Whereas, the Southern Cayuga Intermunicipal Water Commission has used, and recommended for our use in Ulysses, a more readily available Ford meter box ; and Whereas, although the standards and details reference HDPE as an acceptable alternative to Type K copper as a supply line from the meter box to the user, detail drawing No . 7 requires that only Type K copper water service pipe be used from the meter box to the house . Now Therefore Be It Resolved the Town Board of the Town of Ulysses amends the Standard Specifications and Details for Water Facilities as follows : a. Section 2 . 15 . 1 be amended to read : All tile set meter boxes shall be Mueller/McCullough Therma-Coil Meter Box as manufactured by Mueller Co . , z Regular (Town Board Meeting 12/09/2003 Ford meter boxes or other such similar boxes for cold climates as approved by the Water superintendent and consulting engineers. b . Section 2 . 15 . 2 to be amended to read : All tile set meter boxes shall include a round locking cast iron lid for use in cold climates and contain a precast hole for a remote touch pad reader. The manufacturer of the meter box shall manufacture the lid and a closed cell-insulating pad shall also be provided. c . Detail Drawing No . 7 is amended to indicate that HDPE. is an acceptable alternative supply line material to be used from the meter box to the house/structure being supplied. Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. Mrs. Georgia will mail this out to the contractors that have previously registered and add it to the specifications on file . Lateral Water Line Extension Resolution Supervisor Austic stated that the Town has been requested by New York Agricultural and Markets Ito pass lateral water line extension resolution. Mr. Au:stic has been in contact with them several times last week along with the local Agricultural Protection Board of Tompkins County. The County Protection Board have determined that the Town ' s general zoning plans proceeds as plans would benefit the agricultural protection in Ulysses and the New York State Ag & Markets has reviewed the plan and tend to agree with that. They stated that if the Town passes a resolution restricting lateral lines in certain areas and not in areas that the Town is trying to establish higher density v development such as the residential districts they would consider that as satisfactory Mr. Austic is proposing the following resolution and he read the following into record : Whereas, the Town of Ulysses is desirous of preserving the viability of agriculture in the Town of Ulysses ; and Whereas , the Town of Ulysses is concerned that the formation of water districts and the construction of new water lines throughout portions of the Town that are currently within a Tompkins County Agricultural District may increase development pressures making it more difficult to preserve agricultural lands ; and Whereas, the Town of Ulysses zoning regulations have been developed to encourage development in areas of the Town deemed to be of lesser agricultural value in an effort to ensure the viability of our areas of greater agricultural value; and Whereas , at the time of formation of Water District No . 3 , the local Agriculture Land Protection Board ' s survey of local farmers found overwhelming support for the district formation and little concern for the detrimental effects upon their agricultural operations ; and i Whereas , in a report to New York State Department of Agriculture and Markets, the Tompkins County Agriculture Land Protection Board recommended to the Department that no lateral extension restrictions be placed on Ulysses Water District No . 3 ; and Whereas, the Town of Ulysses wishes to make every effort abide by the policies of the New York State Department of Agriculture and Markets, while at the same time following its well thought out zoning plan designed to preserve the Town ' s higher class agricultural resources ; n Regular Town Board Meeting 12/09/2003 Now Therefore It Be Resolved the Town Board of the Town of Ulysses as follows : a. The only land or structures which will be allowed to connect to Water District No . 3 or extensions thereof and districts formed in the future lying wholly within the Tompkins County Agricultural District and wholly within the Town of Ulysses Agricultural District, will be existing structures, future agricultural structures, and land and structures that have already been approved for development by the local governing body prior to the construction of the Water District. Land and structures that have been approved for development refer to those properties/structures that have been brought before a local governing body where approval is needed to move forward with the project plans . Any parcel currently falling within a commercial zone, at the time of water district construction, may also receive water service. b . If an existing resident landowner located wholly within both the town and county agricultural districts can show a significant hardship, the Town Board upon approval by the Department of Agriculture and Markets may remove the lateral restrictions . c . If a resident landowner located wholly within both the county and town agricultural districts can demonstrate to the Town Board, to their satisfaction, that lateral extension of water to their property will not have a detrimental effect upon existing or future agricultural uses of neighboring properties, lateral extensions may be granted by the Board . d. Future lots resulting from a simple or minor subdivision located wholly within the Tompkins County Agricultural District and wholly within a Town of Ulysses residential district will not be subject to lateral restrictions. Future lots in, in the areas described above, resulting from a major subdivision may be subject to lateral restrictions . If, however, the owner of the proposed major subdivision can demonstrate to the satisfaction of the Board that lateral extensions to the subdivision will not have a detrimental effect upon present or future agricultural uses of neighboring property and that granting of water extension to the subdivision will further enhance the goals of the Town ' s zoning plan, lateral extensions may be granted by the Board. e. The resolution shall take effect immediately upon approval . Mr. Austic stated that it does not need to be voted upon tonight . Ms . Poelvoorde asked about the wording on (b) — she thinks it should state "an existing resident landowner with undeveloped land" because if it were developed they would have gotten the water. This should be changed. Also under (c & d) should be Town Board. The general consensus was to have the Attorney review and table for now . Association of Towns Training and Annual Meeting Mr. Austic stated that training is available for new elected officials and announced the annual meeting to be held in February in NYC . He stated that he would be attending this year along with Alex Rachun, Richard Coogan, and Judge Rector. Anyone else interested can back to him . The information for the annual meeting will be provided to the newly elected board members . The Town of Lansing is trying to put together transportation for anyone who would like to attend . Disaster Mitigation Plan Mr. Austic has attended several meetings ; he has another one scheduled for tomorrow to review the plan presented by the consultant who designed the plan. Sometime early spring they will need information from each municipality on specific disasters to give attention to . The Town will have to have some public meetings to gather this information. S RegularjTown Board Meeting 12/09/2003 Highway Shared Equipment Agreement Mr. Austic asked the Highway Superintendent what was decided among the other Superintendents on the above agreement. Mr. Meeker stated that at this time the agreement has been scraped. MS4 Progress Mr. Austic has attended three meetings on the "Storm Water" and reminded the Board that last spring the Town submitted to NYSDEC the "Notice o f Intent". The letter of intent was fairly specific on what the Town has to do ; an annual report due in September and education courses to be scheduled. Other Auble Annexation Supervisor Austic stated that there are two or three things that may have a minor effect to the Town, one is less population where we would loss sales tax, but than the Village would gain it, he is also having Chief Fulton look into the calls that go to the trailer park, although the Town still can charge the park for fire protection and would may get a reduced: fire contract from the Village. Mr. Austic feels there is no detrimental effect on the Town. Mrs . Duddleston introduced and moved, seconded by Mr. Scott the following resolution : Whereas, upon consideration of the petition of William J . Auble for annexation under the New York State Municipal Annexation Law, Art. 17 General Municipal Law dated, September 30, 2003 and amended November 3 , 2003 and after public hearing jointly with the Village Board of Trustees of the Village of Trumansburg held November 16 ,2003 , and upon all evidence, oral argument or written comment or objections received, the Ulysses Town Board has reviewed the issue of overall public interest of said annexation request as to Tax Parcel No . 11 . -2-7 . 1 and 11 . -2-4 from the Town of Ulysses to the Village of Trumansburg; Now Therefore Be It Resolved, that pursuant to the New York State Municipal Annexation Law under Article 17 of the General Municipal Law, The Ulysses Town Board, as required by statute has made the following findings : 1 . Reviewed the petition of William J . Auble dated September 30, 2003 and amended November 3 , 2003 , and determined it was sufficient pursuant to Section 703 of the Municipal Annexation Law, noting the described territory must exclude Seneca County lands and is solely Tax Parcel No . 11 . -2-7 . 1 and 11 . -2-4 . 2 . , Held a joint public hearing on November 16, 2003 with the Village of Trumansburg Board of Trustees, and heard public comment and petitioner's arguments as to the public interest of such annexation. 3 . - Reviewed the evidence presented and comments to the effect of the benefit to the public ;interest. 4 . Examined the area to be annexed and joint advantage; to the Village of Trumansburg and Town of Ulysses by such area annexation. 5 . Determined that the area to be annexed is unserved by village water and the annexation would allow such services not presently allowed. 6 . Determined that the town taxation base will not decrease by any village annexation and if fact may increase due to future water access . K Regular Town Board Meeting 12/09/2003 7 . Determined the town interests are not adversely affected by such annexation. 8 . Determined that the future public interest of the town will be helped by the annexation in that increased property valuation and the taxes to the town after annexation and infrastructure of water from village , will serve both the Town and Village. 9 . Determined that proper notice and publication has been made by the Town and Village, and that the time to file written objections or public comment has passed under General Municipal Law Section 705 . 10 . Determined that the Village of Trumansburg is the lead agency under the State Environmental Quality Review Act and that determination of significance there under is the prerogative of said Village Board . 11 . Determined that all actions by the Town of Ulysses are completed and that subject to Village action first under the New York State Environmental Quality Review Act, the Village is free to act on said petition . Be It Further Resolved the Ulysses Town Board subject to Village Board of Trustees SEQR review hereby approves the annexation petition of William J . Auble dated September 30, 2003 as amended November 3 ,2003 for the annexation of Tax Parcels No . 11 . -2 -7 . 11 and 11 . -2 -4 from the Town of Ulysses to the Village of Trumansburg as being in the overall public interest and consents to said annexation by the Village of Trumansburg, pursuant to the Municipal Annexation Law, and consents to issuance of said order according to law . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. Resolutions of Gratitude for Service to the Town of Ulysses Mr. Austic moved seconded by Mr. Weatherby the following resolutions : Ms. Poelvoorde Whereas, Sue Poelvoorde made a decision not to run for election in 2003 , and Whereas , Sue served the town in various positions throughout the years, and Whereas, the contributions made by Sue, a retiring Board Member, are many and have greatly benefited the Town of Ulysses, Whereas , prior to being appointed in 1999 Sue spent untold hours on the comprehensive plan committee and since her election in 2000 has added to a lot of her time and knowledge to the zoning revision process . Whereas , Sue has spent countless hours working for the town in the sometimes-thankless task of town government and made in her own way contributions, which will be seen in the town for years to come . Now Therefore It Be Resolved, by the Town Board of the Town of Ulysses, that by the adoption of this resolution, the Town Board on behalf of the residents of the Town does hereby express their gratitude for the service Sue has given the town. Mrs . Duddleston Regular. Town Board Meeting 12/09/2003 Whereas, Carolyn Duddleston made a decision not to run for election in 2003 , and Whereas , Carolyn served the Town in various positions throughout the years, and Whereas, the contributions made by Carolyn, a retiring Board Member, are many and have greatly benefited the Town of Ulysses, Whereas, Carolyn served as Deputy Town Clerk, Town Clerk and Tax Collector prior to her election to the Town Board in 1984. She served a brief stint as Town Supervisor when Marty Luster resigned to accept the NYS Assembly position. She continued on the Town Board for two terms until 1991 and retired. For some reason she came out of retirement in 1996 and ran for a Town Board seat again and was elected and again and again in the next election. In all she has served on the Town Board for 4 terms . During this time she has been active in the zoning revision process for many years . Whereas Carolyn has spent countless hours working for the Town in the sometimes- thankle'ss task of Town government and made in her own way contributions, which will be seen in the Town for years to come . Now Therefore It Be Resolved by the Town Board of the Town of Ulysses, that by the adoption of this resolution, the Town Board on behalf of the residents of the Town does hereby express their gratitude for the long service Carolyn has given to the Town. Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. Public :Comments Ms . Marino commented that she supports the foregoing resolutions of gratitude to Ms . Poelvoorde and Mrs . Duddleston. Correspondence - previously discussed. Adjournment Hearing no further business. Ms . Poelvoorde moved, seconded by Mrs. Duddleston to adjourn the meeting. Unanimously approved. Meeting adjourned at 9 : 30 P .M . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk - ��. ° fitif MLG : ;mg Q