HomeMy WebLinkAbout2006-11-14 - CPC Town of Ulysses
Comprehensive Plan Committee
November 14, 2006
APPROVED 12/12/06
Present: Robert Brown, Heather Filiberto , David Kerness, Sue Poelvoorde, Sue Ritter,
David Tyler, John Wertis
•
Absent : Darien Simon, Debbie Watkins, Elizabeth Thomas, Robert Weatherby
Ms . Poelvoorde called the meeting to order at 7 : 12 pm . She stated the subcommittee had
met and asked them to present their findings .
Ms . Filiberto stated they pulled the general observations from the surveys, based on the
comments they chose to use some but not others for some reason of which some are more
obvious . She prepared a list of the comments/suggestions they culled from the completed
surveys . She distributed copies to the other members of the list below.
General Observations — Sample Surveys
Comp Plan Survey Subcommittee
(November 7, 2006)
10 surveys were received .
1 . Individuals got lost with the scale switching between necessary and very important.
Recommend changing all questions to the same scale : very important, important, neutral , not
important.
2 . Change the middle option ` adequate ' and /or ` no opinion ' to ` neutral . '
3 . Most had problems with ` Private Sector, ' question 3 -ranking, and question 4-funding
approaches .
4 . Delete Private Sector and merge into Commercial .
5 . Delete or improve Question 3 .
6 . May want to delete Question 4 or go back to original question "are you willing to increase
taxes to achieve . . . ?"
7 . Hamlet and rural residential categories were not familiar to some reviewers .
8 . Too long.
9 . Could delete question 1 to shorten survey .
10 . Add e-mail to Question 6 . .
11 . Various minor wording changes suggested — most were incorporated .
12 . Add question to identify specific solutions to 2A (residential) and 2B (commercial) from
previous survey.
13 . Add, ` Please complete and return in stamped, self-addressed envelope ' to introductory
paragraph.
In addition, she prepared the survey with the edited drafts demonstrated in each area. She stated
when the survey is completed it should be about three pages which is within the page limits the
committee wanted.
Mr. Wertis stated the one overriding constructive criticism was that the survey was too
long.
Ms . Filiberto stated there were some who stated the survey was too long, the other thing
she noticed is where the rankings were on the back page it asked to rank 1 - 8 but there are
not 8 items . The private sector and economic base questions confused people. They
recommend these areas be removed due to redundancy. There were typos and little items .
She proposed they go through the revisions from the beginnings .
Ms . Filiberto noted one item they thought would be helpful is supplying an email address
people can request additional copies of surveys .
Mr. Wertis asked if they could put the survey on the website as a download .
Comprehensive Plan 2
11 / 14/2006
Ms . Poelvoorde stated she did not know what the protocol for this would be, she could
not really see someone downloading and completing the form five times . She asked Ms .
Ritter if this is a question she could ask Yasmin at Cornell .
Ms . Filiberto thought it would be good to make it accessible .
Mr. Tyler stated he is concerned it would be abused.
Ms . Ritter stated she had stated something about this but she could not recall the
information.
Ms. Carlisle Peck stated they would go to the website and download the form in hardcopy
this would be mailed in with the rest of the surveys .
Ms . Poelvoorde stated statistically she does not know if this would be acceptable.
Ms . Ritter stated Cornell sent via email but they had a unique identifier to access the
survey.
Ms . Filiberto stated if it is a concern, they do not have to do it. She noted in her
experience with the scenic resources inventory they only received ten online . It was a
pretty minor number. She cannot imagine it is such a hot issue people would be using it
in droves.
Ms . Ritter stated it would be relevant to run it by Yasmin to establish the procedure .
Ms . Carlisle Peck stated they could use the Town Clerk' s, she can forward the request to
Robin-she would prefer to not use her personal email address .
Ms . Filiberto stated the next item is using stamped self addressed envelopes .
Ms . Carlisle Peck stated that Mr. Coogan had received a mailing that was a three part 1 .
fold . The person receiving the mailing address was on one end, and then the return
address was on the other. The person refolded the survey and mailed it back. This
eliminated the need for envelopes .
Mr. Kerness asked how it would be stamped.
Ms . Carlisle Peck stated the mailing could be postage paid .
Ms . Filiberto stated one item was question one, as this is the benchmark question the
decision to keep it was made .
Mr. Tyler stated that was the first item questioned on his review, he informed the person
it was there for a specific reason.
Ms . Filiberto noted the rest of the survey, an issue was important vs . necessary. The
committee chose to change these so they were uniform throughout the survey.
A lengthy discussion was held regarding the specific suggestions with the corrections, the
committee agreed with the revisions as follows .
Town of Ulysses Comprehensive Plan Survey
Dear Town of Ulysses Resident :
The Town is currently updating its comprehensive plan for the future of our town The plan is
intended to act as a road map for guiding future growth and development, implementing planning
and zoning changes, identifying important natural resources and unique features in the Town that
should be preserved.
Comprehensive Plan 3
11 / 14/2006
We need the input of residents, 18 years and older, to assist in updating the Plan. Please take a
few minutes to respond to the survey questions below, and return it NO LATER
THAN% 6217 :+mitiig If more than one adult in the household would like to complete a
survey, please call the Town Hall at387 -5767 or e-mail at touclerk@etwcny.rr.com for additional
copies .
Thank you for your thoughtful contribution to this process (Place a NI in one box per line) . Please
return the completed survey in the enclosed stamped, self-addressed envelope (tf app1 c�able after
formatt tng) .
1 . Please rate the following existing aspects of the Town of Ulysses.
Very Somewhat Not
Important Important Important Important
A. Agricultural Land
B . Open Space (Undeveloped)
C. The Village of Trumansburg
D . Historic Structures
E. Outdoor Recreation
F. Taughannock Park
G. Shopping
H. Commercial/Professional Services
I. "Small Town" Atmosphere (Built environment)
J. Volunteer/Community Activities
K. Sense of Community (Sense of belonging)
L. Zoning/Planning
M. School
N. Church
O. Other-specify
Comments :
2. Please rate the following areas as to how important these aspects of the Town of Ulysses
are to you in the future.
A. RESIDENTIAL
Very Very
Important Important Neutral Unimportant Unimportant
1 . Diverse Housing Availability
2 . Starter Homes/Affordable Housing
3 . Well maintained homes
4. Availability of Senior Housing
5 . Planned residential subdivision
6. Cluster* Residential subdivision
7 . Apartment Housing
8 . Town houses / condominiums
9. Closeness to work
10 . Other-specify _
* Cluster —detached dwelling units grouped close together with land devoted to open space.
2 . Please rate the following areas as to how important these aspects of the Town of Ulysses
are to you in the future. (Continued)
B. COMMERCIAL
Very Very
Important Important Neutral Unimportant Unimportant
1 . New small-scale development
(neighborhood services- e . g. gas station)
1 . New large-scale development (e. g. mall)
2 . New light industrial development (e. g.
technology park)
3 . Businesses centered on tourism
4 . National chain store development
5 . "Strip" development along highways
6 . "Cluster" development off highways
7 . Commercial development in the Village
of Trumansburg
8 . Commercial development in Jacksonville
Comprehensive Plan 4
11 / 14/2006
9. Encourage small scale agriculture
10. Quality of service from local businesses
11 . Other-speci
B1 . Would you prefer to see commercial development along the major roadways
(strip) or concentrated (cluster) ? Please check all that apply : Cluster
Strip both Other( specify)
C. PUBLIC SERVICES AND TRANSPORTATION
Very Very
Important . Important Neutral Unimportant Unimportant
1 . Educational facilities/Schools
2 . New recreational facilities
3 . Existing recreational facilities
4 . Youth Activities Services
5 . Fire Protection
6 . Public Water
7 . Public Sewer
8 . Public transportation
9 . Library
10 . Bike Paths
11 . Sidewalks
12 . Road Maintenance
13 . Private well water quality
14 . Other-specify
0
Cl . Do you have a problem with your private drinking water source?Yes No
If yes, briefly summarize the nature and severity of the problem
D. ENVIRONMENT
Very Very
Important Important Neutral Unimportant Unimportant
1 . Conserving scenic natural beauty
2 . Preservation of historic character/
structures
3 . Opportunities to safely walk and bike
4 . Clean lake water
5 . Clean air
6 . Protect natural areas and open space
7 . Stream and groundwater protection
8 . Stormwater and erosion control
9 . Renewable wind energy resources
10 . Renewable solar energy resources
11 . Other-spec
3. Consider the broad areas you just reviewed . Which areas do you feel need the greatest
improvement. Please rank the categories - with 1 being the area needing the most
improvement and 4 being the area needing the least improvement..
Residential Are there other areas that you feel need improvement in the
Commercial town ? Please spec
Public Services/Transportation
Environment .
4. What do you love about where you live?
5. Please tell us a little about yourself;
A . What is your age? Under 25 26 to 44 45 to 65 Over 65
B . Where do you live?
Village Hamlet Farm Lakeshore Rural Residential
Comprehensive Plan 5
11 / 14/2006
Owner
Renter
C . Which best describes your education level ? D . How long have you lived in Ulysses?
1 . Some High School 1 . Less than 1 year
2 . High School Graduate 2 . 2-5 years
3 . Technical & Vocational 3 . 6- 10 years
4 . Some College 4 . 11 -20 years
5 . College Graduate 5 . more than 20 years
6 . Post Graduate
6. Would you like to participate in a group discussion that will give input into the
comprehensive plan ? If so please call the Town Hall at 387-5767 or e-mail at
touclerk @tweny. rr. com and leave your name and contact information .
Thank you for your thoughtful contribution to this process . Please return the completed survey in
rx ..
the enclosed stamped, self-addressed envelope . (if applicable after formatting).
HF 11 /15/06
Ms . Poelvoorde stated the original survey was four pages and they had a good response.
Mr. Wertis asked what the process form here would be .
Ms . Poelvoorde stated they would send it to Cornell and see how they revise and lay it
out.
Mr. Tyler stated he would like to compliment and thank the committee members for the
work done on the drafts .
Mr. Kerness asked when they could get meet with Cornell .
Ms . Ritter stated when they are ready .
Mr. Tyler asked if they had received clearance from the Town Board .
Ms . Filiberto asked if as a courtesy should she send it to the Town Board with the
revision.
Mr. Kerness stated there were some items the Board members suggested that they did not
embrace . The one significant one was received from Roxanne .
Ms . Filiberto stated she had pulled in more information from the old survey regarding
location etc .
Mr. Kerness stated they were good suggestions but it made the survey lengthy.
Mr. Wertis agreed they had considered the information and due to length ruled it out they
actually received comments from two Board members .
Mr. Tyler stated they will use the survey as a springboard to further explore areas as
designated in the survey results . He asked what the timeframe is from here .
Ms . Poelvoorde stated the usual meeting would be the 28th but they cannot get the
information back from Cornell by then.
Ms . Ritter stated Yasmin is at a conference and she cannot get in touch with her until next
week. She asked if there are other items they can address in the meantime .
Mr. Kerness asked if they get the survey, they do the analysis, there is $ 5 , 000 . 00 to put
the plan together, how do they get this person .
Comprehensive Plan 6
11 / 14/2006
Ms . Poelvoorde stated they would need a list of duties, qualifications needed, they would
send out a request through the Town. She is not sure they really know what they want this
person to do .
Mr. Kerness asked if they would chair the focus groups, does the Town Board hire them.
Who did they use the last time. .
Ms . Poelvoorde stated they did it themselves ; they used the Tompkins County Circuit
Consultant.
Ms . Poelvoorde stated they had hoped to get the mailing out mid January. ' 4
Mr. Wertis asked if they could consult other municipalities what they had a consultant do .
Ms . Filiberto stated the Town of Caroline Comprehensive Plan Committee really took the
lead, they used the County but they drafted and wrote everything. They were very hands
on and it is a nice plan . It is on their website if anyone is interested.
Ms . Ritter stated she had gone to the New York State Planning Federation meeting in
October she was inspired by some of the discussions . There were lawyers that talked
about the issues of Zoning, they discussed some communities are starting their
Comprehensive Plan and Zoning Plan at the same time, they stated you should not wait
too long, because often times they end up a Zoning Ordinance that does not match the
Comprehensive Plan . They discussed lawsuits where communities did it sequentially as
well as simultaneously.
Mr. Tyler stated this is a problem with the current ordinance, it was voted into effect in
August and it does not reflect the current Comprehensive Plan.
Mr. Kerness asked with the Comprehensive Plan in place does it make the job easier.
Mr. Wertis stated it depends on the people and sometimes politics as to how much weight j
the Comprehensive Plan has on the Zoning Ordinance .
Ms . Filiberto stated there is an in between the Comprehensive Plan makes suggestions .
Mr. Brown stated all the Boards have learned you have to use the Comprehensive Plan to
base zoning because if they end up getting sued they can lose.
Mr. Tyler stated doing them in tandem, the two are completely different animals . He
fears if they run in tandem they would pollute each other. One would conform to the
other. The Comprehensive Plan should be in place first, then if the Zoning Ordinance is
done diligently as outlined in the Comprehensive Plan it should conform according to the
plan. The biggest problem he sees in Ulysses is the zoning took to long to draft.
Mr. Kerness asked what about in the Comprehensive Plan what would an outline include
zoning recommendations .
Ms . Ritter stated another item addressed at the conference was to not be too specific .
Ms . Filiberto asked if they had any comments of future land use maps .
Ms . Ritter stated she did not recall but she would review her notes .
Mr. Kerness asked if they had a copy of what they consider a good plan.
Ms . Filiberto stated NYS Law lists the items to have in a Comprehensive Plan she
thought copies were distributed .
Ms . Ritter stated the NYS Department of State has an excellent source on their website .
If you go to the Division of Local Government there is a series of documents .
Comprehensive Plan 7
11 / 14/2006
Ms . Filiberto stated one item she is having difficulty with is that they are not rewriting
the Comprehensive Plan but rather revising it . She keeps thinking the survey, and then
focus groups will determine the issues to really address . Then would they go back to the
Plan and do the updates based on the concerns .
Mr. Tyler stated part of the genesis of doing this plan is due to concerns brought up
during the water district and concerns with incomplete information in the zoning. He
remembers distinctly a meeting in Jacksonville where the Town Supervisor and one of
the Board members stated the new ordinance is not a good document. They worked on
and approved this document yet they were stating it is not a good document .
Mr. Brown stated they came upon issues they did not think about .
Mr. Tyler stated this comment was made about two weeks after the document was
passed.
Ms . Filiberto stated she agreed with Mr. Kerness and wondered if they could start
identifying tasks that need to be done and what they would like to have a consultant do .
That way they could determine if they want to do the tasks themselves or hire someone to
do them.
Mr. Tyler stated if they use the consultant that would provide them with more incentive
to focus on the areas they can complete .
Mr. Kerness asked who did the zoning ordinance and was he part of the board.
Mr. Wertis stated it was George Frantz and he was a hired consultant.
Mr. Tyler asked Ms . Ritter what her feelings were on doing the Comprehensive Plan and
Zoning Ordinance at the same time .
Ms . Ritter stated she liked the idea however it would be a lot of work.
Ms . Filiberto agreed and stated it is a lot to ask of volunteers, if they do it that way they
would have to have a lot of input from the Town Board .
Mr. Tyler stated she is right because this committee is not the legislative body.
Mr . Brown stated he could not see this Town Board getting this done . He has not gone to
the meetings for years but that is his impression.
Mr. Kerness asked why they cannot be specific .
Ms . Filiberto stated the Comprehensive Plan usually has broad goals and visions vs .
specific areas .
Ms . Ritter stated that is where the maps can be helpful designating high density areas, etc .
Having a map at a meeting can easily display area from the survey results-the question
can be addressed with the attendees at the meeting is this what they want.
Mr. Tyler stated the more he sees the more important is the Site Plan. They saw this so
clearly in the drugstore coming in across from the Shursave, the applicant was not really
thrilled but requiring him to go through reviews of the impact on neighborhood was a
requirement of Site Plan.
Ms . Ritter stated one of the items addressed was maintaining the character of the
neighborhood. One requirement of new businesses is requiring they adapt their plans to
reflect the architecture, etc of the area they would be building in. There was an area of
Maine that told McDonald ' s twice they could not come into the town. McDonald ' s
wanted to tear down the building and replace it, they were finally allowed because
McDonald ' s agreed to restore the building and renovate it vs . building new . There are
Comprehensive Plan 8
11 / 14/2006
usually different plan levels a developer can present, if they are told to go back then
oftentimes you will see the next level, and then the next level until the plan is acceptable .
This can be a tool to utilize and enforce maintaining the rural character of Ulysses .
This is one of the main restaurants they use for their neighborhood friendly advertising.
Mr. Tyler said the trick is to define this, Williamsburg has an obvious character that can
be defined.
Ms . Ritter stated that is true but this is a question that may come back on the survey.
Mr. Tyler stated it probably will but defining that character is difficult it can be enforced
with Site Plan but not without a definition.
Mr. Wertis stated what David is talking about has to be in zoning, he noted a publication
by the NY Planning Federation he showed a section on Comprehensive Plan, he stated it
is available from Mr. Coogan.
Ms . Ritter stated she would review the material she obtained from her conference and
bring any relevant information regarding comprehensive plans to the next meeting.
She discussed another case discussed at the conference was a Borders store that was
forced to go into a store they really did not want to , it ended up being one of their more
profitable stores due to the "hang out" appeal of the location. They gave these as case
samples of what can happen if municipalities stay tough to their goals .
Ms . Poelvoorde stated in past discussions they have had these but it has not worked
because they have not wanted builders to incur additional expenses .
Ms . Filiberto stated this is true of chain stores, and until the Town says no .
Mr. Tyler stated a good example is Walmart in Ithaca, they came back four times . They
are courting you and there is the power to bargain. They spend the money on marketing
and if this is where they want to be they will spend the money to get into the area.
Ms . Poelvoorde stated a start to this is the survey, the person she had complete the survey
stated they love the way the town is, they do not want the town to change . On the last
survey some people thought chain stores were great, others did not want chain stores,
what if they could get these people together and come up with a consensus of these two
groups regarding what would be acceptable to allow into the town . The key is to define
what the residents want.
Ms . Filiberto stated going back full circle, where does the committee want to get the
mailing labels from for the survey distribution. She had spoken with David ' s friend
Candy and she was wonderful but they could only get 50 at a time . It is an online thing
she joined for a month. The assessment data is beyond her Excel skills . She recommends
they use registered voters, there may be old registered voters , but they would get the
renters etc . She stated they can purchase the data from the Board of Elections, it is $ 5 . 00
for electronic data.
A discussion was held and the decision to use the Board of Elections data was made,
there are 2 ,285 households . The price for 1st class mail is $ 900. 00 and 3`d class mail is
$600 . 00 ; 1st class mail will be returned and forwarded if they have a forwarding order
such as someone in Florida. The committee decided 1st Class would be an acceptable
expense to assure delivery of the surveys . The Town of Ulysses has an account set up
with Mailboxes to do bulk mailings .
Ms . Filiberto stated she would contact the Board of Elections to obtain the data and
consult with Mailboxes regarding the mailing criteria they require .
The next meeting was set for December 12th, 2006 at 7 : 00 pm at the Town Hall . This
should provide adequate time for the Cornell Group to get back to us .
The meeting was adjourned at 8 : 45 pm .
Comprehensive Plan 9
11 / 14/2006
Respectfully submitted,
Robin Carlisle Peck
Administrative Assistant
11 /21 /06
TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
NOVEMBER 14, 2006
Present : Supervisor Douglas Austic ; Town Council Roxanne Marino, Don Ellis, Rod
Ferrentino and Lucia Tyler; Town Clerk Marsha L. Georgia; Deputy Supervisor Richard
Coogan; Town Highway Superintendent James Meeker; and Town Attorney Bruce
Wilson.
Others Present: Alex Rachun Code Enforcement Officer, Jeff McDonald, Daniel
Williams, Patty Halloran, and Bill Chaisson.
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
Mr. Ellis moved, seconded by Mr. Austic to approve the Regular Town Board minutes of
August 8th, 2006, September 11th , 2006 and October 10th, 2006 the Special Town Board
meetings of August 28th , 2006, October 4th, 17th, 26th and October 31st, 2006 with the
minor changes and corrections presented by Ms . Marino and Ms . Tyler. (Ms . Marino had
emailed the changes to Ms . Georgia and Mr. Coogan displayed them with the projector so
all the Board members could review . )
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted.
The special Town Board meeting of October 23rd , 2006 was tabled .
PUBLIC PRIVILEDGE OF THE FLOOR
No one spoke.
APPROVAL OF CLAIMS
Ms . Tyler moved, seconded by Ms . Marino to approve previous examined voucher # ' s
444 through 503 in the amount of $ 193 , 519 . 13 .
Mr. Austic stated that the budget needs modifying before the above claims can be
approved for payment.
Mr. Ferrentino moved, seconded by Mr. Austic the following budget modifications :
• Increase A1010 . 4 - $ 5 , 700
• Decrease A1990 . 4 - $ 5 , 700
• Increase A1420.4 - $4,083
• Decrease A1990.4 - $4,083
Ms . Marino and Ms . Tyler stated that the Attorney contractual amount was only $ 1600 a
month when it is really $2083 .
Mr. Austic responded that it was set at $2083 . 00 per month .
Mr. Austic aye
Mr. Ferrentino aye
Ms. Tyler abstained
Mr. Ellis aye
Regular Town Board Meeting 2
11 / 14/2006
Ms . Marino abstained
Adopted.
Vote on the monthly vouchers is as follows :
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye I
Ms . Marino abstained 6
Adopted.
REPORTS OF REPRESENTATIVES
Tompkins County Board of Representative Jim Dennis — absent.
Trumansburg Fire Department, Chief Fulton — Mr. Fulton had to leave but he left the
report and it was entered into the record. In October the Fire Department had 20 Fire and
rescue calls and 63 EMS calls .
Planning Board Chairman Margot Chiuten — absent.
Columbia Gas Representative, Daniel Williams
Mr. Williams said that over the past 11 months, he had the pleasure of doing land work in
the Town of Ulysses for Chesapeake Energy Corporation.
His task has been to secure mineral rights for the exploration of natural gas . The leases
that have been executed are on record at the Tompkins County Court house. Some leases
that may be of interest to you are those for the Trumansburg Fairgrounds, Grove
Cemetery, and the Grassroots Festival property on Agard Road.
Chesapeake is interested in leasing 5 parcels owned by the Town of Ulysses . Because
they are small properties, Chesapeake is willing to offer a lease similar to those for the
Fairgrounds and Cemetery that precludes any surface operations . Each property would
receive a $ 300 delay rental for a 5 year lease .
Exploration in the area for deep formation gas has not been successful and there has been
disappointment on many fronts over the years. Geophysical technology has changed
considerably over that time and Chesapeake has been a leader in that field. Chesapeake
has reason to believe that shallower formations, like those productive in Seneca County,
can be successful here.
Mr. Williams said that in terms of getting permitting, Chesapeake Gas, would like to
lease as much as possible and that being the case they are offering no service operation
leases for a straight fee of $300 for a 5 year contract. Because the parcels are small for
the Town of Ulysses there would be no drilling.
Mr. Ellis said that he does not get the basic point, if they drill anywhere in the
neighborhood the minerals underneath the property get removed so why would you go to
the trouble of getting the lease.
There is a permitting process that goes along with this and in order to give the
geophysical work as much leeway as possible to locate a well the idea is to lease up as
much land as possible and in that case it allows them to site a well better if everything is
leased as apposed to not.
Mr. Wilson said that DEC regulates these .
Regular Town Board Meeting 3
11 / 14/2006
Mr. Williams said that the rule is that you have to have 60% of a spacing unit under lease
in order to site a well .
Mr. Wilson said that is what you have here are small parcels but they are trying to get up
to that 60% to justify their having the property rights beneath the whole area.
Mr. Williams said that the formation the company is looking at is around 3000 feet and
the new DEC law dictates that clearly that is an 80 acre square .
Mr. Ellis said then if they are not able to lease 60% of the 80 acres then they would not
be permitted to drill .
Mr. Williams said that is correct and they would not even be able to write a permit .
Mr. Ferrentino asked Mr. Wilson for his opinion because he has had experience with this
through the County.
Mr. Wilson said that these are all very small parcels and he does not see the down side to
this and it would be income for the Town.
Mr. Ellis said that the only issue he sees is that the Town should proceed carefully if 58 %
of the area was available and the Town was going to makeup the difference because that
would mean 40% of the land ownership does not want this to happen and then the Town
would be letting it happen. For that reason Mr. Ellis feels the Town should be last in
doing anything like this . Mr. Ellis said if 63 % is already been gotten then it would not
matter but if you only had 56% then it matters a great deal whether the Town goes ahead
because the Town would be taking the action.
The Board would like, if at all possible to know how many have already signed up .
Mr. Williams does not have this information nor does he know where the drilling may
occur and he does not even think Chesapeake knows at this time where the drilling may
occur. Once the leasing is done then the geophysical would be done to see where wells
would logically be . Right now all of this is hard to say.
Mr. Austic asked about the time frame .
Mr. Williams said of course they would like an answer as soon as possible but I am sure
they will give the Town time.
Mr. Williams will take a look into seeing how many have signed leases in the location of
the Town Barns and get back to the Board.
* Additional information on this is available in the Town Clerk ' s office.
TOWN REPORTS
Highway Superintendent James Meeker presented the following report :
• Put shoulders down on VanDorns Corners Road .
• Poured concrete for headwalls on road crossing pipe on Willow Creek Point Road
• Helped Village of Trumansburg haul hot mix to Village office parking lot and 12
ton for the Town of Ulysses parking place in front of Town Office.
• Installed drain line on Mense Road and catch basin .
• Installed center line drain tile in middle of road (hill) on Cold Springs Road.
• Working on trucks, salt boxes, and plow equipment for winter.
• New International truck, salt box and plow equipment arrived. (Mr. Meeker
presented the new equipment to the Board prior to the meeting. )
Code Enforcement Officer Alex Rachun reported that four permits for additions and
remodeling were issued, no ZBA hearings were heard since the last Regular Board
Regular Town Board Meeting 4
11 / 14/2006
meeting. Mr. Rachun said that he spent a week in service training at the Fire academy
and read into record the following :
The Fire Marshall 's in service training session at the fire academy last month
disclosed several important legislative amendments to the New York State Building Code
that are scheduled to take effect starting January 1 St, 2007. The two biggest changes in
the code are the new requirements for scheduled inspections and the requirement for
operator permits for various code related activities. Inspections are now to be done on an
annual basis for public assembly spaces and business. An amendment to include
agricultural buildings under the building code is being strongly contested by Ag and
Markets, and has yet to pass legislation. Fire inspections remain the same for multiple
dwellings.
Operator 's permits are the big change in the code for 2007. What was once optional for
the local municipality to regulate is now mandatory by code. Certain activities that fall
under the code regulation now require operator 's permits. This includes but is not limited
to operating heavy and some light equipment, specialized tools, and hazardous materials.
The Town of Ulysses must adopt operator permits into Town law with appropriate fees
and schedule for renewal. Mark and I are compiling a list of and rules for operator
permits pertinent to the Town . This is a lengthy task and requires the review of both the
Town Board and the Attorney for the Town. Being that this legislation wasn 't approved
until September of this year and shall become law on January 1st, 2007, we need to
progress quickly. Plumbers, electricians, equipment operators, restaurant owners, and
church officials, among others will need to have operator permits. In short review
Grassroots festival will require at least a dozen operator permits, as will other special
events, such as the Trumansburg Fair. The Town issues the operator permits, collects the
fees, inspects the facility and equipment on a timely basis, and renews the permit as
regulated.
Mr. Rachun said the state has a draft law that they can provide to the Town and also
copies of the applications that the Town of Ithaca is using for operating permits . Mr.
Rachun will get a copy of this for the Board and attorney to review. Mr. Rachun says
that there are many unanswered questions.
Mr. Rachun also said that he issued an "unfit for human occupancy" for a resident on
Swamp College Road . This was after extensive requests to the property owner.
Town Clerk Marsha L. Georgia reported that a total of $ 3 , 785 was collected for the
month of October and $ 659 . 84 was turned over to the Supervisor for the monthly fees .
Also $ 1 , 885 was turned over for the Water Districts which includes a permit for a new
under the road tap on Honeybee Lane.
Mrs . Georgia is working on the information to go to Tompkins County Assessment for
the assessment of the water debt and operations and maintenance .
Board Member and Committees
Ms . Marino said that the Comprehensive Plan Committee asked for comments on the
survey and they are working on finalizing the survey at their meeting tonight .
Supervisor Doug Austic reviewed the previous distributed financial report and no
questions were heard. Mr. Austic also previously distributed the Water operations report.
Deputy Supervisor Richard Coogan said that at the Planning Advisory Board meeting
Mr. Marks asked if Mr. Coogan would look into if the Town Highway would be willing
to schedule 3 days to work on the Black Diamond Trail . Mr. Marx has also asked Town
of Ithaca, City of Ithaca and Tompkins County.
Mr. Coogan talked with Mr. Meeker who feels that this is not a Town function and he is
not supposed to be working off the road-right away. Mr. Coogan is relaying this thought
past the Town Board but he has no idea at this time if the other municipalities are
agreeable .
Regular Town Board Meeting 5
11 / 14/2006
Mr. Meeker said that there are people along the trail that are not real receptive to the trail
and seeing the Town of Ulysses Highway Department working on the trail could cause
concern .
Mr. Austic said it may be a misuse of Town funds .
Mr. McDonald of the State Parks said that he was talking about setting up a shared
services program and because the Trail is funded by the State Transportation it may be
possible.
The Board would like Mr. Coogan to get additional information.
Mr. Coogan said that he is still working on getting a contract for the flyover.
Mr. Coogan said that one of the things the Planning Board is concerned about on the
Kehoe property is Mr. Kehoe having events of more people allowed and wanted Mr.
Coogan to alert the Town Board and are wondering if it would be possible to get some
kind of special permitting operations for mass gatherings . Mr. Coogan said that he and
Mr. Rachun have talked about this before in conjunction with Grassroots, but the Kehoe
thing would be definitely smaller. The Kehoe property would be looking at a mass
gathering of 150 people.
Mr. Austic said that this was talked about when working on the Zoning Law .
Ms . Marino asked just how many people are allowed and is it based on how the property
is zoned .
Mr. Coogan said that Mr. Kehoe has parking for 56 vehicles if you count staff maybe 50
cars and if two to three people per car but he is thinking a couple of events may be more
then 150 people . The Planning Board thought maybe there should be a special permitting
option to make sure he has the necessary overflow parking. The Planning Board wanted
to put that in as a condition but was reminded that would be a Town Board function.
Mr. Coogan reminded the Town Board that the Stormwater Committee is trying to get the
Stormwater Legislation passed this year.
Another State regulation passed starting in 2007 is that all Planning Boards and Zoning
Boards of Appeals members will need 4 hours of training a year, which they are trying to
make available on the County level as well as other organizations .
Mr. Ellis and Ms . Marino asked if there was a model Law for the Stormwater.
Mr. Coogan said that DEC has a model law .
Mr. Coogan will provide the model law to the Board before the second meeting in
November.
The last thing Mr. Coogan wanted to report is that the Town of Ithaca along with the
Department of State are teaming up to provide a seminar on the role of Town Boards in
regards to Planning and Zoning. It will be held on November 29th at 7PM. The place has
not been determined but Mr. Coogan thinks it will be at the Town Hall, in the Town of
Ithaca. Mr. Coogan said this would also be very good for the Planning and Zoning
Board, Comprehensive Committee members and Conservation Board members to attend.
OLD BUSINESS
Tabled Motion (Don)
Mr. Ellis moved, seconded by Ms . Tyler the following :
Whereas the Town has gained much by advancing Water District 5 , but,
Regular Town Board Meeting 6
11 / 14/2006
Through several months of Board evaluation the Town has found the design to be
less beneficial than would be expected and unsatisfactory in some key aspects,
some listed here, and
Whereas the current plan alters the development potential of key parts of the
Town but does not address zoning or administration issues obviously related
thereto, and,
Whereas the current plan substantially shapes any water districts that might
follow in later years, yet does not address these at all, leaving critical
neighborhood-by-neighborhood water issues such as those for .the Village, Dubois
Road, and the lake edge unaddressed and,
Whereas, while this design consumes nearly all of the available basis for
establishing need, if built it would serve several "institutional and commercial "
users quite well, but among residential users it would serve only 190 single family
dwellings and 30 multi-family dwellings, 55 of which are already served by
municipal water, and,
Whereas the need for stable fire- fighting water and affordable, pollution-resistant,
residential water throughout the Town must be addressed, and,
Whereas funds and commitment for inter-municipal planning and re-design are
apparently available,
Be it resolved the Town shall accept with gratitude the planning, design, and
critical analyses applied to date, and will not proceed with the currently proposed
design but will instead organize staff as necessary, engage professionals as
needed, and enter forthwith into Inter Municipal planning that addresses the water
needs of all parts of the Town, concluding with a new Water District 5 plan with
clear public communication about the plan and any alternatives, neighborhood-
by-neighborhood, for the entire Town.
Mr. Austic said that he has a problem with this resolution because most of the whereas
are based on not fact but opinions . He feels a resolution should go through facts then
come to a conclusion . Mr. Austic gave some examples .
Mr. Ferrentino said that he can not support it because he thinks that it will in the end be a
waste of time and he stated that because he has sat here for eleven months listening to
water district garbage and have come to the conclusion that the original water district #5
was well engineered and a darn good project and solved a lot of problems in that going
through the last bout was just a negative experience in many ways a waste of his valuable
time . Mr. Ferrentino said that the Free Press opinion was real accurate on the entire
process and a lot of other people agree . A couple of other points is that the Town ' s
Comprehensive Plan states that it is the Boards role to make infrastructure and water
happen and Mr. Ferrentino said that it is a slap in the face of a document that took many
years . Also the recent audit stated that the Town Board ' s role is water. Mr. Ferrentino
said the Board ignored the fact that a lot of our residents that we are suppose to be
concerned about have poor water at best and that there is a real need for those Town
residents to get that water for fire safety, public safety and Mr. Ferrentino ' s own safety
when fighting fires . A signed petition that was completely ignored in the process and a lot
of people in that process that supported the water district #5 and the Town did not work
with the State of New York the cornerstone of the Town of Ulysses is Taughannock Park
and they need water. Mr. Ferrentino feels it was a very good economical deal for the
Village of Trumansburg and it solved a serious problem that they have . Mr. Ferrentino
feels a Town Boards role is to foster economical development for the residents .
Mr. Ellis said relevant to the words in his proposed resolution to be facts or not he feels
that they are relevant and the statement that Mr. Ferrentino made about 11 months with
no progress is wrong because Mr. Ellis feels much progress has been made.
Regular Town Board Meeting 7
11 / 14/2006
Ms . Tyler made a motion, seconded by Mr. Ellis to amend Mr. Ellis ' s proposed
resolution on the floor as follows :
Changes to the 8th paragraph 5th line include : concluding with a Variation of
Water District 5 hereafter know as a variation of Water District 5 and
Additions to the 8th paragraph following 4th line include : This effort shall provide
a Water District 5 plan which maximizes benefit to the largest number of Ulysses
residents with unmet water needs . Such water district will be developed with the
continued engagement of the village of Trumansburg and the NY State Parks, as
willing, and clear public communication about the plan and any alternatives,
neighborhood-by -neighborhood, for the entire Town using the state funds
obtained through George Winner ' s office as available to this end .
Further, the Town Board resolves to immediately begin exploring mechanisms
beyond special improvement district formation to identify households with severe
water problems and provide assistance toward solutions .
The Board discussed this amendment .
The Board voted on the amendment as follows :
Mr. Austic nay
Mr. Ferrentino nay
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted .
The Board discussed Mr. Ellis ' s resolution including Ms . Tyler ' s amendment.
They discussed the changes that it may need and decided that the best thing to do is vote
it down so that Mr. Ellis can present a new resolution with better wording to make it
clearer.
Vote on original motion with amendment.
Mr. Austic nay
Mr. Ferrentino nay
Ms . Tyler nay
Mr. Ellis nay
Ms . Marino nay
Defeated.
Mr. Ellis presented a new resolution ; Ms . Marino suggested some changes and others had
questions .
With all the questions and uncertainties Mr. Ellis said that because this resolution being
of the importance that it is it really should be worked on with the assistance of the
attorney and until that is done Mr. Ellis moved to table the resolution, Mr. Austic
seconded the resolution .
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted . Resolution tabled.
Regular Town Board Meeting 8
11 / 14/2006
NEW BUSINESS
SMSA GRANT WITH NEWFIELD & CAROLINE RESOLUTION
Mr. Coogan presented a resolution to the Town Board requesting a grant to see if it
would be feasible to hire one person to do all the monitoring for three towns, Ulysses,
Newfield and Caroline and the expenses would be shared .
Ms . Marino said that she can not see how it is laid out such as ; what is the administrative
structure for achieving the goals of this grant and like how are they going to advertise for
the person and develop it all .
Mr. Coogan said this is for feasibility, have the three towns meet, legal fees for the
lawyers to look into one town, look into the approach of using shared service for
Stormwater, and drawing up the legal agreements that would establish it and how it
would be administered. This is all the grant does, it does not hire . Ms . Anderson will be
the facilitator and someone from each town board .
Ms. Marino asked further questions about the administration of the grant .
The Board discussed the resolution further and the cost .
Ms . Marino asked if another whereas could be added stating a group would be formed
that will carry out the goals of the grant if it is funded.
Mr. Austic suggested adding the following statement in the last whereas and has it read :
WHEREAS the Town of Caroline and the Town of Newfield are willing partners
for this project, and establish a steering committee with membership from each of
the Town Boards to implement the grant
The Board discussed other minor changes in the resolution.
Mr. Austic moved the resolution, seconded by Mr. Ellis the following resolution :
WHEREAS a resolution is required authorizing Deputy Supervisor Richard
Coogan to submit an application as lead contact person to the Department of State
Share( Municipal Services Incentive Grant (2006-2007 Program Year) for a
feasibility study for shared Stormwater Services for the Towns of Ulysses,
Caroline, and Newfield and authorizing Supervisor Douglas Austic as Financial
Administrator for this grant project,
WHEREAS Sharon Anderson, Steward for the Cayuga Lake Watershed Network,
is willing to facilitate and mediate the process for reaching the intermunicipal
agreement : for shared services,
WHEREAS the funds solicited through this program shall be used for the express
purposes of finding a cost effective solution for complying with the NYS DEC
requirements for a regulated MS4 district in rural municipalities and establish in
the necessary legal agreements,
WHEREAS the project cost is estimated to be $ 50,600 with $46,000 from grants
funds and $4,600 from local share with the largest portion of expenses coming
from legal fees based on existing contracts and arrangements the municipalities
have for legal services, and
WHEREAS the Town of Caroline and the Town of Newfield are willing partners
for this project, and establish a steering committee with membership from each of
the Town Boards to implement the grant.
THEREFORE BE IT RESOLVED that the Town of Ulysses supports this project,
Stormwater Services for the Towns of Ulysses, Caroline, and Newfield .
Regular Town Board Meeting 9
11 / 14/2006
BE IT FURTHER RESOLVED that the Town of Ulysses is willing to act as lead
agency and appoints Richard Coogan, Deputy Supervisor, as lead contact for the
project and Doug Austic , Supervisor, as financial administrator for the grant,
Mr. Austic aye
Mr. Ellis aye
Ms . Marino aye
Mr. Ferrentino aye
Ms . Tyler aye
Adopted.
Attorney Contract
The Board discussed the letter received from Mariette Geldenhuys stating her duties . The
Board discussed the changes that have been made .
Ms . Tyler moved, seconded by Mr. Ellis the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Mariette
Geldenhuys as the Attorney of the Town with the following agreement :
1 . This agreement for legal services is made by and between LoPinto , Schlather,
Geldenhuys & Salk, Attorneys at Law ( "the firm " ) , Marlette Geldenhuys, Esq . of
counsel, and the Town of Ulysses ( "the client" ) , of 10 Elm Street, Trumansburg, New
York 14886 . This agreement constitutes a binding legal contract and should be reviewed
carefully.
2 . The client retains the firm to render services in connection with acting as general legal
counsel for the Town in all legal matters, including, but not limited to, attendance at the
monthly meetings of the Town Board and the reservation of one hour each week, at a
regular, set time, during which Board members may call to discuss Town business .
3 . The client understands that the hourly rates apply to all time expended relative to the
client's legal representation, including but not limited to office meetings and conferences ;
telephone calls and conferences, either placed by or placed to the client or otherwise
made or had on the client's behalf or related to the client's legal representation;
preparation, review and revision of correspondence, local laws and ordinances, contracts . ,
pleadings, motions, disclosure demands and responses , affidavits and affirmations, or any
other documents, contracts, memoranda, or papers relative to the client's legal
representation; legal research, court appearances, conferences, file review, preparation
time, travel time (not including travel time to and from the Town of Ulysses), and any
other time expended on behalf of or in connection with the client's legal representation.
4 . The client has the absolute right to cancel this retainer agreement at any time . Should
the client exercise this right, the client will be charged only the fee expenses (time
charges and disbursements) incurred within the period prior to the cancellation of this
agreement, based upon the hourly rates set forth in this retainer agreement.
5 . The client agrees to pay to the firm such additional fees and to reimburse it for
advances on the client's behalf that may be due from time to time not later than 30 days
from the date that the firm submits a bill to the client for same . Any amounts remaining
unpaid after 30 days will incur interest charges at the rate of 12% per annum .
6 . a. The retainer fee shall be credited based upon the following hourly rates :
Attorneys : $ 150 . 00 per hour
Paralegals : $ 100 . 00 per hour
Legal services will be provided primarily by Mariette Geldenhuys, ESQ .
b . In addition to the foregoing, the client's responsibility will include direct
payment or reimbursement of the firm for disbursements advanced on the client's
behalf, the same to include, but not necessarily be limited to ; court filling fees,
Regular Town Board Meeting 10
11 / 14/2006
recording fees, charges of process servers, travel expenses (not including travel to and
from the Town of Ulysses) , telephone charges, messenger services , transcripts and the
customary fees of stenographers referable to examinations before trial the event such
examinations are utilized.
c . By reason of mounting costs, it may be necessary from time to time for the
applicable time, charges to be increased . However, any such increase will be
subject to the client's agreement. . .
7 . The client will be billed periodically, generally each month but in no event less
frequently than every 60 days . Included in the billing will be a detailed explanation of the
services rendered, by whom rendered and the disbursements incurred by the firm in
connection with the client's legal representation. Upon receipt of the bill, the client is
expected to review it and promptly bring to the firm's attention any objections the client
may have to the bill . While the firm strives to keep perfectly accurate time records, they
recognize that possibility of human error, and shall discuss with the client any objections
the client raises to the bill . The client will not be charged for time expended in discussing
with the firm any aspect of the bill .
8 . The client is advised that if, in the firm's judgment, it decides that there has been an
irretrievable breakdown in the attorney-client relationship, or a material breach of the
terms of this retainer agreement, the firm may decide to make application to the court in
which any action on behalf of the client is pending to be relieved as the client's attorney.
In such event, the client will be provided with notice of the application and an
opportunity to be heard . Should any fees be due and owing to the firm at the time of its
discharge, the firm shall have the right, in addition to any other remedy, to seek a
charging lien, i . e . , a lien upon the client's property.
9 . The client understands that legal assistants and/or paralegals are often called upon to
assist in document production, file organization, preparation and review of financial
statements and data, and such other duties as are assigned by the firm .
10. It is the firm's policy to retain all client files for ten years following the conclusion of
the client's legal representation. The client has the right to take custody of the file at any
time after the firm's representation of him or her is concluded. In the event that the client
does not take custody of the file within the ten-year period following the conclusion of
the matter, it will be destroyed thereafter without further notice to the client.
11 . The client ' s signature at the end of this agreement indicates that this fee arrangement
meets with client ' s approval .
Mr. Austic aye
Mr. Ellis aye
Ms . Marino aye
Mr. Ferrentino nay
Ms . Tyler aye
Adopted .
2007 Budget
The Board discussed some minor changes in the Preliminary Budget for 2007 .
* Full discussion available on the tape.
After changes and corrections were made Mr. Austic moved, seconded by Ms . Marino
the following :
BE IT RESOLVED THAT THE Town Board of the Town of Ulysses adopt the
2007 Town of Ulysses Budget as modified .
Regular Town Board Meeting 11
11 / 14/2006
Mr. Austic aye
Mr. Ellis aye
Ms . Marino aye
Mr. Ferrentino nay
Ms . Tyler aye
Adopted.
Agenda for November 27th Second Board Meeting
The Board would like Mr. Coogan to get all the changes and corrections together for the
Zoning Law so that this can be discussed at this meeting.
Mr. Ellis would like to discuss the Rules and Procedure document if there is time.
Hearing no further business Mr. Ferrentino moved, seconded by Mr. Ellis to adjourn the
meeting. Hearing no objection the meeting adjourned at 10 : 40 pm.
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
•
L, ,