Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout2009-12-08 - TB TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
DECEMBER 8 , 2009
* * Note the audio version of this meeting is on the Ulysses Web page at
www . Ulysses . ny. us for more detail of discussions .
Present : Supervisor Doug Austic ; Council Rod Ferrentino , David Kerness, Elizabeth
Thomas, and Lucia Tyler; Marsha L . Georgia Town Clerk; James Meeker Highway
Superintendent ; Attorney Marietta Geldenhuys ; Deputy Supervisor Richard Coogan;
Code Enforcement Officer Alex Rachun.
Others Present : Kevin Romer, Roxanne , Diane Hillman, Ken and Jan Zeserson,
Christopher Thomas, Robert Oswald, Carol Boberty, Ron MacLean, Marty Luster,
Roxanne Marino, and Don Smith.
Supervisor Austic called the meeting to order at 7 : 30 PM and lead those assembled in the
Pledge of Allegiance to the Flag of the United States of America.
APPROVAL OF MINUTES
Ms . Tyler moved seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
minutes of the November Regular Town Board meeting with minor
modifications .
Mr. Austic aye
Mr. Ferrentino aye
Mr. Kerness aye
Ms . Tyler aye
Ms . Thomas aye
Adopted
MODIFICATION OF THE 2009 BUDGET
Mr. Ferrentino moved seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve
increasing A1620 . 4 by $ 1584 . 18 and decreasing A3510.4 by $ 1584. 18 .
Mr. Austic aye
Mr. Ferrentino aye
Mr. Kerness aye
Ms . Tyler aye
Ms . Thomas aye
Adopted
APPROVAL OF CLAIMS
Mr. Kerness moved seconded by Mr. Ferrentino the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve voucher
# ' s 427 through 473 in the amount of $202 , 180 . 73 .
Mr. Austic aye
Mr. Ferrentino aye
Mr. Kerness aye
Ms . Tyler aye
Ms . Thomas aye
Regular Town Board Meeting 2
December 8 , 2009
Adopted
REPORTS OF REPRESENTATIVES
Tompkins County Legislator Jim Dennis — absent
Trumansburg Fire Department Assistant Fire Chief Ferrentino reported that there had
been a lot of car accidents that the Fire Department has responded to .
Planning Board Chairman Ken Zeserson reported that the Planning Board is working
real hard on trying to establish the Conservation Zone or at least a document that would
define the Conservation Zone before the end of the year they will be meeting one more
time on Tuesday and hope to get those words finalized and have the ruff parameters of
the geography as well . Mr. Zeserson thanked Mr. Kerness for keeping the Planning
Board on point . Mr. Zeserson said that Mr. Kerness will be presenting a resolution
tonight asking the Board to create an Ad Hoc Committee on Lakeshore Zoning to help
the Planning Board establish Lakeshore Zoning. Mr. Zeserson said that the Planning
Board is 100% in favor of that but do not have time and the Ad Hoc Committee could be
a lot of help so we are hoping the Board will allow this committee to form.
Also Ms . Thomas will be presenting resolutions that the Planning Board has great interest
in as well and one of them will be adopting the UNA' s that the County has all ready
designated. It is a cosmetic move but is a critical move for the Planning Board when they
get the Conservation Zone together because the UNA"s will be the corner stone. And
finally on the issue of gas Ms . Thomas will be present a very detailed document that she
put together which she is constituting will represent the Town' s response to the DEC ' s
sGEIS .
Village of Trumansburg Christopher Thomas reported that not much is going on with
the Village and most people may know that the remainder of the street lights are here and
will be installed shortly. The other thing of interest is that at the Village Board meeting
on Monday December 14`" the vote for going forward with EMS billing is on the agenda.
PUBLIC PRIVILEDGE OF THE FLOOR
Mr. Luster thanked Mr. Austic for his yeas of service as the Supervisor to the Town of
Ulysses and thanked Mr. Ferrentino for his service as well .
Mr. Luster also is present tonight to support the resolution to be presented by Ms .
Thomas and to urge this Board and the incoming Board to take an affirmative,
courageous and strong action in regards to the gas situation. Mr. Luster said that in all of
his public activity perhaps one of the most frightening prospects that he has ever seen. It
is the power of huge corporations against small municipalities and individuals and the
people of this town look to you for the first line of defense and although Mr. Luster
realizes legally what the Town can do is very limited he would urge the Town to test
those boundaries and break out of the box and take those actions that feel right to you and
not worry so much about the legal consequences . Mr. Luster said that it is such a
challenge that you need to be able to do that and take the strongest possible actions with
gas drilling and protect the people of this community from the environmental and health
hazards, the degradation of property values from the tax base with the town and the social
conflict that it is bound to generate and do the right thing.
Mr. Oswald said that he has been a resident for 20 years and would like to speak on the
resolution that will be presented by Ms . Thomas on gas drilling. Mr. Oswald
that d said he
l does
been involved in this issue through Cornell and attempting to m ake
not lease any of their lands . Mr. Oswald believes that the sGEIS is so inadequate that we
are not protected from the social and environmental impacts . Mr. Oswald thinks that the
resolution that Ms . Thomas is bringing forward says a lot to protect it and he really urges
the Board to adopt.
aNI..
Regular Town Board Meeting 3
December 8 , 2009
Ms. Marino said that she also wants to echo Mr. Luster ' s comments and thank Mr.
Austic and Mr. Ferrentino for their service . Ms . Marino would also echo the comments
urging the Town Board to adopt the resolution that Ms . Thomas is bringing forward.
Also Ms . Marino commented that she attended the Public Hearing on EMS billing where
the Village answered questions on the billing service options for EMS and although they
did a good job of presenting the reasons they feel they need considering changing to
billing to meet increased costs Ms . Marino still have concerns about some aspects of the
policy that put forward. Ms . Marino sent a detailed set of comments to the Town Board
and she is going to send them to the Village Board as well . Ms . Marino said that the
Mayor had requested that the new elected officials give their comments but to summarize
she is asking the Town Board tonight consider passing a resolution withdrawing their
support for the Village to move forward for billing for EMS until some of the central
details of how the proposed policy will be administered and will impact residents both
with and without insurance. Also that the Town of Ulysses, Covert and Hector be
included in the discussions .
Mr. Kerness asked Mr. Thomas if the Village would have other interested parties
involved either on the vote or at the table for discussions .
Mr. Thomas said that the Towns of Ulysses, Covert and Hector have always been
welcome at all the meetings were this has been discussed and the Village has had many
of these meetings .
A small discussion took place about a Fire District.
TOWN REPORTS
Highway Superintendent James Meeker reported the following :
• Put shoulders down on Maplewood Road and Willow Creek Point Road
• Installed electric line ditch, water line, septic lines, oil separator installed and
hooked up and perimeter drain around new building finished
• Gas and electric installed new underground gas service for new building
• Worked on trucks and equipment for winter, salt boxes all installed and plows are
hooked up
• Mowing back brush and weeds along ditch banks
• Building progressing on schedule and hope to have electric and heat in a couple of
weeks
Mr. Kerness suggested that when the new Town Barns is completed that an open house
be scheduled and serve pizzas and drink for all the people who have participated and
helped at the location to show appreciation.
Code Enforcement Report Alex Rachun reported that three building permits were
issued for this month, two for accessory buildings and one for a single family house.
Town Clerk Marsha L. Georgia reported that a total of $3 ,346 . was collected for the
month of November and $ 818 . 14 was turned over to the supervisor along with her month
report. A total of $2 ,406 . t6 was turned over to DEC for conservation licenses and $ 125
for plumbing permits were collected.
Ms . Georgia reported that all budget information was sent to Tompkins County
Assessment and they report that the 2010 tax bills should be delivered before the
holidays .
Board Members and Committees
Ms. Thomas asked if there were any color copies left of the Comprehensive Plan
because one of the Planning Board members would like it.
Ms. Georgia said that they were all distributed and the Planning Board Chairman had
received one .
Regular Town Board Meeting 4
December 8 , 2009
Mr. Zeserson, Chairman of the Planning Board said that he would give his color copy to
Mr. Wertis .
Ms . Thomas said that at the Council of Governments last meeting the topic they were still
on gas drilling. They had a very successful hearing that the Council of Government
sponsored . There were agreements discussed about road protection. Ms . Thomas said
that she has distributed several different road laws to the Board but is still having a hard
time getting anything established. TCOG is still working on those . Also at the TCOG
meeting the County Assessor came and discussed if the gas drilling could or would raise
value of lands or lower values .
Ms. Tyler said that the Environmental Management Council and Environmental Review
Committee also put some comments together in response to the Draft Environmental
Impact Statement and those comments are available in the EMC web site .
Ms . Georgia said that the County Legislator Office called and requested a resolution from
the Board recommending Ms . Tyler to remain on the EMC Board. Ms . Georgia said that
the Board had previously discussed this with Ms . Tyler and she was in favor of remaining
but did not pass a resolution .
Ms . Thomas moved seconded by Mr. Kerness the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses recommends
that Ms . Tyler remain the Ulysses representative on the EMC Board .
Mr. Austic aye
Mr. Ferrentino aye
Mr. Kerness aye
Ms . Tyler aye
Ms . Thomas aye
Adopted
Deputy Supervisor Richard Coogan reported that Blue Cross Blue Shield is rolling all
the Towns over to the Consortium that has come on board . So if you do not want it done
you would have to contact BC/BS . There is about 8% savings to the Town of Ulysses
joining the consortium . Most of the issues coming up with the Board of Directors has
less to do with the insurance coverage the big issues are that the laws were drafted in
1993 and this is the first municipality going through this and as a result the by-laws have
to be gone over; more procedure now .
Mr. Austic said if they are going to roll over the health insurance then the only thing the
Town will need to do is independently purchase the dental and vision.
Mr. Kerness would like a written description of the Health Insurance Administrator that
Mr. Coogan indicated would be necessary and approximately for many hours .
Mr. Coogan said the other things are the County Planning Advisory Board met in
November and a couple of things of interest for the Town' s Planning Board are a wind
farm guide that provides different information . Also a guideline on protecting scenic
resources and developing with sensitivity.
Supervisor Austic asked if anyone had any questions on the monthly operating
statement . No questions were heard .
OLD BUSINESS
Water Operator
Mr. Austic asked the Board to address the position of Water Operator for the new year.
Ms . Thomas said that many months ago it was discussed to advertise for this position .
w —
$r f.
Regular Town Board Meeting 5
December 8 , 2009
Ms. Thomas moved the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Doug
Austic to the Water Operator position for 6 months while the Board creates and
advertises for the position and anyone would be able to apply for that.
Ms . Thomas asked Mr. Austic to entertain that.
Mr. Austic said no he would not entertain that. It is either for a year or nothing and he
told them he would do this for a year.
Mr. Kerness asked if Mr. Austic could wait until the 4th of January.
Mr. Austic said that someone has to be doing the job January 1St
Ms Tyler said that the Board had previously passed a resolution that they would have an
open process, have the job description and advertise for this position.
Mr. Austic said they should have advertised this before now the resolution was passed in
March 2009 .
Mr. Kerness said Mr. Austic had the Board over a barrel by saying this tonight.
Mr. Austic said that last month the Board talked to him about this appointment because
he had to let NYS Retirement know if he was taking any part-time work. In that
executive session the Board who were present assured him that he would be hired. Ms .
Marino who attended that wanted a job description.
Mr. Austic does not feel he has them over a barrel because they had time to advertise
since it was passed in March to do so .
Mr. Kerness asked if the Board could get back to Mr. Austic in five days or by the 14th of
December.
No second on Ms . Thomas ' s resolution.
Proposed Resolution on Draft SGEIS (Gas Drilling
Ms. Thomas moved seconded by Ms . Tyler the following resolution :
RESOLUTION TO COMMENT ON THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION' S DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL
IMPACT STATEMENT ON WELL PERMIT ISSUANCE FOR HORIZONTAL
DRILLING AND HIGH-VOLUME HYDRAULIC FRACTURING TO DEVELOP THE
MARCELLUS SHALE AND OTHER LOW-PERMEABILITY GAS RESERVOIRS .
Whereas the Town of Ulysses is above the natural gas deposit in the Marcellus Shale ; and
Whereas all residents could be impacted from gas drilling whether it be from drinking
water contamination, increased truck traffic , potential damage to roads, air pollution,
destruction of scenic views, unwanted noise, light pollution, a disregard of current
zoning, or a combination of all these factors ; and
Whereas the Town of Ulysses supports the intention of the supplemental Generic
Environmental Impact Statement (sGEIS) to limit the environmental impact of shale-gas
development, however there are areas where it is critical that additional measures are
taken to protect human health and preserve the environment .
Therefore, be it resolved that to ensure the health, welfare, and safety of Ulysses
residents, to protect its natural resources, and preserve its character, the Town of
Ulysses requests the Department of Environmental Conservation withdraw its draft
i - ,._. .�.._— r__-
Regular Town Board Meeting 6
December 8 , 2009
Supplemental Generic Environmental Impact Statement (sGEIS) until the following
concerns are resolved and those of other municipalities are resolved :
Water
• The sGEIS should comprehensively address the cumulative impacts on stream flows
from surface water withdrawal from creeks and lakes acknowledging pre-existing and
future water needs . [P . 7-22] .
• The sGEIS states it will encourage operators to position rig fuel tanks 500 feet from
any primary or principal aquifer, public or private water well, domestic-supply spring,
r
reservoir, reservoir stem, controlled lake, watercourse, p erennial or intermittent
stream, storm drain, wetland, lake or pond, but does not require this setback. It must
be required [p 7-27] .
• The draft sGEIS states that the DEC may require the applicant to identify in
application materials the anticipated maximum number, type, and volume of liquid
fracturing additive containers to be simultaneously present onsite . [P 7-32] . This must
be required rather than leaving it optional .
• Although hydrofracturing used in the extraction of natural gas is exempt from the
federal Safe Drinking Water Act, the DEC must require adherence to this law in its
sGEIS regulations .
• The draft sGEIS states on page 7-38 that routine testing of drinking water should no
longer be necessary a year after the last hydrofracturing event. Given that little is
known about the hydrofracturing process, annual testing should continue for at least 5
years . [section 7 . 1 .4 . 1 ]
• The sGEIS states that drinking water wells within 1000 feet of a gas well are required
to be tested for contamination. The sGEIS must be revised to require surface water
drinking sources within 1000 feet to be included as well .
• The DEC needs to revise the sGEIS to be more specific about how water quality data
will be evaluated and the criteria it will use to make determinations .
• County Health Departments are required in the sGEIS to investigate complaints about
water contamination, but costs associated with these investigations are not funded by
the State to cover the increased staffing for this work. The DEC must work in
conjunction with the County Health Departments in order to adequately protect water
resources [page 7 -42 section 7 . 1 . 4 . 1 ] .
• Centralized flow back water surface impoundments must not be allowed. All flow
back liquid should be stored in closed steel containers . [ Section 7 . 1 . 7 pg. 7- 51 ] . This
would prevent the need for the air pollution setbacks as described in section 7 . 5 . 3 pg
7- 89 , would negate the concern over wildlife drinking flow back water, and further
ensure no leakage into groundwater or overflow caused by above average rainfall or
corrupted data.
• Publically Owned Treatment Works (POTW) cannot adequately treat the quantity of
brine and chemicals predicted to be generated as flow back. The total dissolved solids
are too high for POTW to treat in facilities not designed for this type of disposal . The
draft sGEIS does not require flow back to be tested for materials that cannot be safely
treated in POTW such as benzene, toluene, naturally occurring radioactive materials
(NORMS) , and the high concentrations of salt prior to receiving the liquid. With the
chemicals now allowed in the dsGEIS , flow back water must be treated at facilities
specifically designed and built to treat contaminants generated from this
hydrofracturing process not in POTW [section 7 . 1 . 8 . 1 pg 7-56] . These water
treatment facilities must know the full chemical content of the flow back water prior
to treatment . If hydrofracturing additives could be restricted to biodegradable
materials, this could be reconsidered [section 7 . 1 . 8] .
Regular Town Board Meeting 7
December 8 , 2009
• Section 7 . 1 . 11 is titled Protecting the Quality of New York City 's Drinking Water
Supply. This protection cannot be limited to the water supply of New York City.
Cayuga Lake is a major supply of drinking water for the Tompkins County region
including the Town of Ulysses . The draft sGEIS suggests drillers avoid drilling in the
vicinity of New York City' s drinking water, but this must be expanded to ALL
watersheds , aquifers, and private drinking water wells in New York State.
• Setbacks from any stream, river, lake or other body of water must be increased from
the proposed 150 feet to 1000 feet [ section 7 . 1 . 12 . 2 page 7-69] , to be consistent with
the requirements for drinking water wells .
• Actions located within 100 feet of a DEC-regulated wetland require permits from the
DEC [Page 7-6 section 7 . 1 . 1 . 1 ] . Other wetland resources should be considered as
well such as those identified by the National Wetland Inventory. All of these wetlands
serve important roles to water quality, habitat, and other functions . Site-specific
analyses should include mapping of all existing wetlands on a site and setbacks
expanded to 1000 feet.
• The draft sGEIS requires that additive products for the hydrofracturing process be
disclosed, but the actual ingredients and their proportions within those products are
not. The DEC should require full disclosure of all ingredients in products [ 8 . 2 . 1 . 2] .
This information must be made public for the benefit of first responders, physicians,
and for scientific review .
• Section 5 . 4 discusses specific chemicals that may be used in the fracturing fluids and
lists the desirable properties, including minimal environmental effects, but does not
identify which additives meet these criteria. Section 5 .4 . 3 . 1 lists serious health
hazards associated with the chemicals along with a statement that "toxicity data are
very limited for many chemical additives to fracturing fluids". The DEC should
identify which additives would minimize environmental and human health impacts . If
drillers wish to use alternative chemicals, they must be required to provide an
additional environmental review for approval .
• In section 9 . 3 . 1 the DEC discusses preliminary work on green chemical alternatives .
They should return to this investigation and identify green chemicals .
• Analysis of flow back liquid in Pennsylvania and West Virginia frequently show high
concentrations of 4-Nitroquinoline- l -oxide, a highly toxic chemical . The dsGEIS
does not address this finding which is a concern. The DEC must provide better
guidelines for chemical additives to prevent water contamination from high risk
chemicals . The DEC should also assess the additive effects of the many chemicals
being used together.
• Due to their extreme toxicity, 4-Nitroquinoline- l -oxide, benzene, toluene, ethyl
benzene, and xylenes must be banned from use in fracturing fluids .
• Cracks in well casings are one of the main avenues for contamination from
hydrofracturing liquid into drinking water wells . DEC inspectors must be on site
when well casings are being poured [4 . 1 . 4 . 2 pg 4-48 .
Planning and Zoning
• Local zoning ordinances should be followed and Towns should be designated as
involved agencies for determining environmental impacts from gas drilling. Gas
drilling is an industrial use of land and should not be allowed in or within 1000 feet of
R1 -rural residential, R2-moderate residential, H1 and 2 - hamlets, or PR-
Park/recreation in the Town of Ulysses.
• Drilling activities must adhere to the local noise and light ordinances described in the
Town of Ulysses zoning law .
Regular Town Board Meeting 8
December 8 , 2009
• Drilling activities must take into consideration the intent of the Comprehensive Plan
for the Town of Ulysses especially regarding the designated areas for conservation,
environmental protection, lakeshore, unique natural areas , parks , steep slopes,
streams, gorges, prime agricultural lands , scenic views , and recreational areas as
spelled out in figure 6 : Natural Features (page 101 ) and figure 10 Community
Resources (page 121 ) of the 2009 Comprehensive Plan. The Comprehensive Plan
strongly encourages activities that will increase tourism, small scale agriculture, and
outdoor recreation. Natural gas drilling should be prohibited in areas that will
compromise these activities and negate the intent of the Comprehensive Plan.
• Drilling activities must not occur within 1000 feet of a critical environmental area as
designated by towns .
• Many adverse impacts may be prevented by mandating that drilling companies plan
and site their drilling operations to avoid natural features such as steep slopes and
maintaining sufficient separation from environmentally sensitive features, such as
streams and wetlands [7-23 ] .
Other
• The dsGEIS describes that physical barriers to public access at least 500 feet from the
well pad could prevent negative exposure to pollutants . The SGEIS should
specifically require a physical barrier. Working with the Public Service Commission,
the NYS DEC needs to determine the proper setback distance to limit exposure, not
simply assign 500 feet as a setback. (p . 7-89 to 90) .
• Drilling companies should be required to notify Towns when EACH permit is granted
not simply the first permit . The DEC should require gas companies to enter in to a
road use agreement which would include route selection for maximum efficiency and
safety, coordination with emergency management and highway departments, road
upgrades for water transport, and road use agreements to pay for road repairs in the
event of damage due to heavy truck traffic which by the DEC ' s own estimations
would range from 890 to 1350 truck loads per well [ section 6 . 10 pg 6- 137 and section
7 . 11 pg 7- 109/ 110] .
• The sGEIS does not evaluate the impact of increased truck traffic and states that this
is more appropriately considered in the context of policy making, primarily at the
local level, but local governments are understaffed for projects of this magnitude
without additional funding [section 7 . 11 pg 7- 109 , section 8 . 1 . 1 . 5 pg 8 -4] . Road use
agreements should be required prior to any drilling action.
• Due to the chemicals and potential radioactivity contained in the hydrofracturing flow
back liquid as stated above, this liquid should not be allowed to be spread on roads
where it can be transported to Cayuga Lake through culverts and ditches [section
7 . 6 . 1 . 2 pg 7- 50] .
• The sGEIS should include quantification of possible cumulative impacts of gas well
drilling not only on water resources, but also on community infrastructure and social
services, and at least semi-quantitative analyses of a range of potential mitigation
strategies . This will require coordination among a number of state and local agencies ,
as well as additional funding for them .
• The Cargill salt mine runs through tunnels under Cayuga Lake, the Town of Ulysses
and the Town of Lansing . How horizontal drilling and hydrofracturing will interact
with this existing mining must be addressed in the dsGEIS , especially in areas near
and under Cayuga Lake .
• The State of New York ' s official policy, enacted into law, is "to conserve, improve
and protect its natural resources and environment . . , " and it is the Department ' s
responsibility to carry out this policy. Natural gas drilling does not conserve, improve
and protect New York State 's natural resources and environment.
Regular Town Board Meeting 9
December 8 , 2009
• The DEC currently has only 17 inspectors for over 13 ,000 existing wells ; if gas
production by hydraulic fracturing begins, there could potentially be tens of
thousands of more wells in New York State. The draft SGEIS does not address how
the number of inspectors will be increased or where funds will come from to pay for
more inspectors ; the current plan expressed in the draft sGEIS is woefully inadequate
to manage natural resources to assure their protection and balanced utilization,
prevent and abate water, land and air pollution, and regulate storage, handling and
transport of solids, liquids and gases to prevent pollution.
1
• Rules within the sGEIS need to be clearer for the benefit of everyone involved, using
words such as "require", "must", and "shall" rather than the more vague terms such as
"should" "might" or "may" .
B e it further resolved that this resolution be sent to Bureau of Oil & Gas Regulation,
Governor David Paterson, Senators Charles Schumer and Kirsten Gillibrand,
Representative Michael Arcuri , State Senator George Winner, State Assemblywoman
B arbara Lifton, State Assembly speaker Sheldon Silver, State Senate President Malcolm
Smith, State Attorney General Andrew Cuomo , and County Legislator James Dennis .
Mr. Austic aye
Mr. Ferrentino aye
Mr. Kerness aye
Ms . Thomas aye
Ms . Tyler aye
Adopted
Ms . Thomas introduced a resolution in reference to the Unique Natural Areas as follows :
Whereas, the Tompkins County Environmental Management Council (EMC) has
designated certain areas within the Town of Ulysses as Unique Natural Areas (UNA ' s),
as shown on the map dated September 1999 attached hereto ; and
Whereas, the Planning Board is in the process of drafting a proposed amendment to the
Zoning Ordnance of the Town of Ulysses for consideration by the Town Board creating a
Conservation Zone ; and
Whereas, the UNA ' s are important natural resources in the Town;
Therefore, It Is Hereby Resolved that the Town Boar concurs with the designation of the
UNA ' s and acknowledges that the UNA ' s are an important factor when considering a
Conservation Zone .
Mr. Austic stated that as per the Rules and Procedures adopted by the Town Board a
resolution can not be voted upon at the meeting unless the Board has been provided a
copy at least by the Tuesday prior to the Board meeting so it can not be voted on unless
there is a vote of supermajority.
Mr. Austic called for the vote .
Mr. Austic nay
Mr. Ferrentino nay
Mr. Kerness aye
Ms . Thomas aye
Ms . Tyler aye
Resolution failed not a supermajority.
Mr. Kerness introduced and moved the following resolution:
CREATING AN AD HOC COMMITTEE ON LAKESHORE ZONING
12/08/09
Regular Town Board Meeting 10
December 8 , 2009
WHEREAS , the Comprehensive Plan adopted September 2009 by the Ulysses Town
Board cited the need for lake shore zoning as the 2nd and 3rd priorities for short term
implementation; and
WHEREAS , the Town Planning Board whom the Town Board has charged with
developing recommendations for the Town Board, and
WHEREAS , the current significant work load of the Planning Board, including the
development of a conservation zone ( first priority of the 2009 Comprehensive Plan),
precludes it from taking on this additional responsibility within the desired time frame ;
and
WHEREAS , the West Shore Homeowner' s Association supports Lake Shore zoning and
has urged the Town Board to move forward expeditiously on this issue, now therefore be
it
RESOLVED , that the Ulysses Town Board hereby authorizes the creation of a time-
limited Ad Hoc committee on Lake Shore Zoning effective January 2010 , and be it
further
RESOLVED that the charge to the committee, objectives, composition of the committee,
tasks and time targets are described below and hereby incorporated into this resolution .
Objectives of the Ad Hoc Committee on Lakeshore Zoning
Develop a DRAFT zoning law to be forwarded to the Planning Board/Town Board that
gives primary consideration to natural and environmental resources, and considers ;
New development as it relates to and impacts steep slopes, water quality, soil erosion
and view sheds .
Existing properties as it relates to changes and improvement made, be evaluated to
determine any negative impacts on natural features, steep slops, water quality, soil
erosion, and view sheds .
Consideration mechanisms ; septic testing, density limitations, and design standards for
docks, boat houses, moorings and accessory buildings .
Composition of the Ad Hoc Committee on Lakeshore Zoning
Public (2 Representatives)
Don Smith of West Shore Homeowner' s Association recommended and willing to
serve, recommended committee chairperson
Town Board ( 1 Representative)
Dave Kerness recommended and willing to serve
Planning Board ( 1 to 2 Representatives)
Rod Hawks recommended and willing to serve
Board of Zoning Appeals (BZA) ( 1 Representative)
Total = 5 to 6 Members
Clerical support
Robin Carlisle-Peck recommended and willing to serve
Schedule Targets
Kickoff January 2010
Develop First Draft February 2010
Public Informational Meeting April 2010
Planning Board Review, comment and approval May 2010
Public Hearing July 2010
Town Board review and adoption August 2010
Tasks
1 . Chris Blistro , Town of Ithaca Planning, to present Ithaca' s zoning law and
rationale . Planning and Town Board to be invited.
2 . Review Town of Ithaca zoning & zoning for surrounding municipalities .
Regular Town Board Meeting 11
December 8 , 2009
3 . Develop 1st Draft and Review with Alex Rachun
4. Review Draft with the Department of Health
5 . Apply for legislative authority under section 46a of the NYS Navigation Law to
enact regulations concerning boat houses , moorings, and decks on a lake within
the Town.
6 . Develop Preliminary zoning language & review with Planning Board and Town
Board members
7 . Finalize Preliminary zoning law for a Public Information meeting (Chris to
support) .
8 . Modify as required and present to Planning Board for review and comments ,
approval
9 . Present to Town Board for review, comments, approval
10 . Prepare for Public Hearing after Town Board approval
11 . Minutes of meetings will be take and available for Town web site posting
Ms . Tyler seconded the resolution.
Mr. Don Smith read the following statement into the record from the West Shore
Homeowner ' s Association :
DEC . 8 , 2009
TO : Ulysses Town Board
FROM : West Shore Homeowners Association
SUBJ . : Lake Shore Zoning
The West Shore Homeowners Association (WSHA) understands that Town Board
member David Kerness will be introducing a resolution requesting establishment of an
Ad Hoc Committee to assist the Planning Board in developing lake shore zoning
regulations that will ultimately be proposed to the Town Board for review and passage.
The WSHA which clearly is the sub-population that will be most affected by whatever
regulations are developed is strongly supportive of this effort . In a survey conducted in
2008 more than 90% of our Ulysses membership registered their approval of a lakeshore
zoning initiative .
The WSHA would be delighted to provide any assistance the proposed Ad Hoc
Committee might request in conceptualizing regulations .
Thank you,
Don Smith, President
On Behalf of the WSHA
The Board discussed this resolution made some changes . Ms . Thomas had a few
objections .
Further discussion of this can be heard on the web page .
Mr. Austic called the vote :
Mr. Austic nay
Mr. Ferrentino nay
Mr. Kerness aye
Ms . Thomas nay
Ms . Tyler aye
After the Board re-discussed and made some modifications Ms . Thomas moved the
amended resolution and Ms . Tyler seconded the following :
CREATING AN AD HOC COMMITTEE ON LAKESHORE ZONING
Regular Town Board Meeting 12
December 8 , 2009
WHEREAS , the Comprehensive Plan adopted September 2009 by the Ulysses Town
Board cited the need for lake shore zoning as the 2nd and 3rd priorities for short term
implementation; and
WHEREAS , the Town Planning Board whom the Town Board has charged with
developing recommendations for the Town Board, and
WHEREAS , the current significant work load of the Planning Board, including the
development of a conservation zone ( first priority of the 2009 Comprehensive Plan),
precludes it from taking on this additional responsibility within the desired time frame ;
and
WHEREAS , the West Shore Homeowner' s Association supports Lake Shore zoning and
has urged the Town Board to move forward expeditiously on this issue, now therefore be
it
RESOLVED , that the Ulysses Town Board hereby authorizes the creation of a time-
limited Ad Hoc committee on Lake Shore Zoning effective January 2010, and be it
further
RESOLVED that the charge to the committee, objectives, composition of the committee,
tasks and time targets are described below and hereby incorporated into this resolution.
Objectives of the Ad Hoc Committee on Lakeshore Zoning
Develop a DRAFT zoning law to be forwarded to the Planning Board and Town Board
that gives primary consideration to natural and environmental resources, and considers ;
New development as it relates to and impacts steep slopes, water quality, soil erosion and
view sheds .
Existing properties as future design standards may dictate including any improvement
made, be evaluated to determine any impacts on natural features, steep slopes, water
quality, soil erosion, and view sheds .
Specific concerns such as ; septic testing, density limitations , and design standards for
docks, boat houses , moorings and accessory buildings .
Composition of the Ad Hoc Committee on Lakeshore Zoning
Public (2 Representatives)
West Shore Homeowner' s Association ( 1 Representative) Don Smith (willing to be
Chairperson)
Town Board ( 1 Representative) Dave Kerness
Planning Board ( 1 Representatives) Rod Hawks
Board of Zoning Appeals ( 1 Representative)
Total = 6 Members
Clerical support - Robin Carlisle-Peck
Schedule Targets
Kickoff January 2010
Develop First Draft February 2010
Public Informational Meeting April 2010
Planning Board Review, comment and approval May 2010
Regular Town Board Meeting 13
December 8 , 2009
Public Hearing July 2010
Town Board review and adoption August 2010
Tasks
Chris Blistro , Town of Ithaca Planning, will present Ithaca ' s Lakeshore zoning
law and rationale . Planning and Town Board to be invited.
Review Town of Ithaca' s Lakeshore zoning & other municipalities .
Develop 1st Draft and Review with Alex Rachun
Review Draft with the Department of Health
Support application for legislative authority under section 46a of the NYS
Navigation Law to enact regulations concerning boat houses, moorings, and decks
on a Cayuga Lake within the Town .
Develop Preliminary zoning language & review with Planning Board and Town
Board members
Finalize Preliminary zoning law for a Public Information meeting (Chris to
support) .
Modify as required and present to Planning Board for review and comments ,
approval
Present to Town Board for review, comments, approval
Prepare for Public Hearing after Town Board approval
Minutes of meetings shall be taken and available for Town web site posting
Mr. Austic called the vote :
Mr. Austic nay
Mr. Ferrentino nay
Mr. Kerness aye
Ms . Thomas aye
Ms . Tyler aye
Adopted
NEW BUSINESS
Holiday Employee Appreciation Gift Certificates
Mr. Austic moved seconded by Mr. Ferrentino the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the gift
certificates to the employees and related board members for there dedicated
service and hard work throughout the year in the amount of $ 50 each.
Mr. Austic aye
Mr. Ferrentino aye
Mr. Kerness aye
Ms. Thomas aye
Ms . Tyler aye
Adopted
Executive Session
Regular Town Board Meeting 14
December 8 , 2009
Attorney Geldenhuys requested an executive session on a possible litigation case.
Mr. Austic moves seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to
executive session to discuss a possible legal litigation matter.
Mr. Austic aye
Mr. Ferrentino aye
Mr. Kerness aye
Ms . Marino Thomas aye
Ms . Marino Tyler aye
Adopted
The Board adjourned to executive session at 9 : 20 pm .
The Board reconvened at 9 : 40 .
Organizational Meeting
Mr. Kerness moved seconded by Ms .Tyler the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses hold the 2010
Organizational Meeting January 4th, 2010 at 7PM at the Town Hall .
Mr. Austic aye
Mr. Ferrentino aye
Mr. Kerness aye
Ms . Thomas aye
Ms . Tyler aye
Adopted
Adjournment
Mr. Ferrentino said that he has worked with Mr. Austic for 14+ years and it has been a
pleasure . He stated that Mr. Austic has attended over 545 Town Board meetings and that
is not counting the Public Hearings . Mr. Ferrentino thanked him for his commitment to
the community and all of the things he has worked with Doug here and at the Village you
always had the community as number one and Mr. Ferrentino said he has learned a lot
from him and just wants to say THANK YOU.
Ms . Thomas seconded that and hoped he would be on all kinds of committees .
Mr. Kerness said that Mr. Austic has left the Town very financially sound.
Ms . Georgia announced that the Town will be holding an Open House at the American
Legion on December 27th , 2pm to 4pm and that all are welcome to come and thank Doug
for his loyal service to the Town.
Ms. Georgia also thanked Ms . Marino and family, Kevin Romer and wife, Tom Schlee
Daughter, and Mr. Austic and wife for their help at the Winter Fest Saturday night
serving up free hot dogs .
Hearing no further business Mr. Austic moved seconded by Mr. Kerness to adjourn the
meeting. Unanimously approved. Meeting adjourned at 9 : 45PM .
Respectfully submitted
f
Regular Town Board Meeting 15
December 8 , 2009
Marsha L. Georgia
Ulysses Town Clerk
MLG : mlg