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HomeMy WebLinkAbout2012-02-14-RTB Town of Ulysses Regular Town Board Meeting February 14, 2012 Present: Councilpersons Elizabeth Thomas, Lucia Tyler, David Kerness, Kevin Romer; Deputy Supervisor Sue Poelvoorde ; Environmental Planner Darby Kiley; Zoning/Planning Secretary Robin Carlisle Peck; Highway Superintendent James Meeker and Attorney Mariette Geldenhuys Others Present : Louis DiPietro, Trumansburg Free Press ; Diane Hillman; Jeffrey de Castro ; Bill George ; Jane Penrose Deputy Supervisor Thomas called the meeting to order at 7 : 02 p.m . BUDGET MODIFICATIONS None presented. APPROVAL OF CLAIMS Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previously examined vouchers numbered 590 through 595 for 2011 and 11 to 62 for 2012 in the amount of $ 53 , 539 .41 . Mr. Kerness aye Mr. Romer aye Ms . Thomas aye Ms . Tyler aye Adopted MINUTES Ms . Thomas stated they have minutes from December 13 , 2011 , December 19, 2011 and January 10, 2012, meetings to review for approval . Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of December 13 , 2011 Regular Town Board Meeting as edited by Ms . Poelvoorde and Ms . Thomas . Mr. Kerness aye Mr. Romer aye Ms . Thomas aye Ms . Tyler aye Adopted Ms . Thomas moved, seconded by Mr. Romer the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of December 19, 2011 Special Town Board Meeting as edited by Ms . Poelvoorde and Ms . Thomas . Mr. Kerness aye Mr. Romer aye Ms . Thomas aye Ms . Tyler aye TOWN OF ULYSSES 2 Regular Town Board 2/14/2012 Adopted Ms. Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approved the minutes of January 10 , 2012 Regular Town Board Meeting as edited by Ms . Poelvoorde, with an additional correction changing the word "depend" to "defend" in the paragraph discussing Concerned Citizens of Ulysses doing fundraising to defend the amicus brief l Mr. Kerness aye Mr. Romer aye Ms . Thomas aye Ms . Tyler aye Adopted REPORTS OF REPRESENTATIVES Tompkins County Legislator Jim Dennis — Not in attendance . Ms . Thomas stated she spoke with Mr. Dennis who informed her the Tompkins County Legislature is reviewing whether to allow hunting with rifles in the county. Trumansburg Fire Department & EMS — Not in attendance and no report provided. Trumansburg Village Representative — Not in attendance . PRIVILEGE OF THE FLOOR Jane Penrose (Concerned Citizens of Ulysses, (CCU)) shared her observation of a New York State Department of Transportation (NYSDOT) truck spreading fluid on dry roads . She was able to speak with the driver who informed her they were preparing the road for an upcoming snowstorm and that the solution they were dispensing was a brine solution from Harford, NY. Ms . Penrose sent an email to other CCU members and learned that the vehicles were spotted on Route 79 , Route 327 and various other highways around Tompkins County . Sarah Steingraber and her son walked through the fluid on Route 96 in the village of Trumansburg while returning home from school . Mr. Meeker stated NYSDOT does pre-treat ahead of snowstorms using a brine solution. They use "Magic" which is a form of magnesium chloride . The solution is stored at NYSDOT in Cortland, NY. He informed the group of different types of brine used as well as the reasoning for the use as opposed to salting . The fluid pretreatment bonds to the road for better deicing, whereas salt on a dry road has nothing to adhere to and will blow off He suggested people contact the NYSDOT office with their concerns and questions about the brine solution. Ms . Thomas stated Ms . Marino contacted Marty Petrovic, Mayor for the Village of Trumansburg, who confirmed what the driver stated to Ms . Penrose . He also provided contact information for NYSDOT for further clarification. She also spoke with Beth Harrington, Tompkins County Emergency Response, who spoke with David Isbell , Regional Emergency Manager for NYSDOT. Mr. Isbell stated the brine used for Tompkins County is not a well- drilling byproduct. The material comes from the salt caverns in Harford, Cortland County . The salt caverns are used to store liquid propane . They introduce water into the caverns to extract the gas and the resulting brine, with no other chemicals or additives, is the material that they use . Mr. Kerness stated they should contact NYSDOT and ask for the MSDS (Material Safety Data Sheet) as well as who tests the brine and how often is it tested. Ms . Thomas stated Ms . Marino left a recommendation to have Mariette Geldenhuys , Attorney for the Town, draft a letter on behalf of the town and its citizens informing NYSDOT of the concern for this practice and the Town Law prohibiting application of natural gas production waste . The letter should include any and all information pertaining to this activity, including : j"'3 wti srr \a z`oitc t . e TOWN OF ULYSSES 3 Regular Town Board 2/14/2012 • where the brine came from • type of drilling • whether its composition has been tested • who is testing • the results of the tests • how long this has been going on, and • request an immediate stop to the procedure within our boundaries until we have and can evaluate the information. She stated a copy of the letter should go to the New York State Department of Environmental Conservation (NYSDEC), Governor Cuomo , Assemblywoman Barbara Lifton, Senator Tom O ' Mara, the United States Environmental Protection Agency (USEPA) regional office, and Tompkins County Department of Public Works . Jeffrey de Castro stated he was attending the Town Board meeting on behalf of his wife, Sarah Steingraber, who walked through the fluid while walking their middle school child home from school . Ms . Steingraber and their son both had the brine on their shoes and were very concerned . The brine from gas drilling contains radioactive materials, heavy metals, and other harmful chemicals . While on the highway in front of the school children walk through the brine tracking it into their schools and their homes . The Board discussed how to proceed with the issue related to Ms . Marino ' s recommendation. Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses requests that Ms . Geldenhuys draft a letter of concern to NYSDOT regarding the use of brine on highways in the town of Ulysses, this letter will include a request for the following information : • where the brine came from • type of drilling • whether its composition has been tested • who is testing • the results of the tests • how long this has been going on, and • request an immediate stop to the procedure within our boundaries until we have and can evaluate the information. Copies of the letter Will be sent to NYSDEC , Governor Cuomo, Assemblywoman Barbara Lifton, Senator Tom O ' Mara, the USEPA regional office, and Tompkins County Department of Public Works . Mr. Kerness abstained Mr. Romer abstained Ms . Thomas aye Ms . Tyler aye Motion failed Ms . Thomas stated the Board can send letters as private citizens or individual Town Board members. Bill George stated he was appointed by the Town Board to serve on the Tompkins County Water Resources Council and will report out on the first meeting he attended . The first meeting was an organizational meeting at which they took their Oath of Office, heard year-end reports and welcomed the new members . The current concerns are dredging the Cayuga Inlet and the Hydrilla invasive species in the Cayuga Inlet. The United States Geological Service (USGS) is providing funding for an aquifer study in the town of Enfield. He has signed up for two committees — Streams and Water Quality Strategy Plan Update, this is essentially the Comprehensive Plan for water resources . TOWN OF ULYSSES 4 Regular Town Board 2/14/2012 TOWN REPORTS Planning /Zoning Office Environmental Planner Darby Kiley reported that the Planning Board continued to discuss the proposed cluster subdivision on Trumansburg Road at their past two meetings. The Planning Board made considerable progress with the developer. They also reviewed a Minor Subdivision; however, they ended up denying the application as the project included a flag lot that the Planning Board determined did not meet the Zoning Law definition of flag lot. The applicant will apply to the Board of Zoning Appeals for interpretation of flag lot. At both meetings, the Planning Board discussed the Conservation and Lakeshore Zones language . Planning Board member Rod Hawkes has been doing a great job of assembling comments and developing comparison documents . The Planning Board has not finished their review yet, but they do get closer at every meeting . The Board of Zoning Appeals will likely meet in March to address the flag lot interpretation and an area variance . Ms . Darby reported that she attended a Tompkins County Multi-Jurisdictional Hazard Mitigation Plan, Technical team meeting . The County is updating the 2006 Plan. Barton and Loguidice is the consultant preparing the plan, but there will be a project team of municipal representatives and a technical team of local experts . On Thursday, March 8th there will be a Tompkins County Hazard Assessment Workshop . This workshop will be held at the Tompkins County Health Department (55 Brown Road) in the Rice Conference Room beginning at 9 : 00 a.m. The workshop will take place for the full morning - break for lunch - and conclude by mid-afternoon. Mr. Romer noted that he will attend this workshop. Ms. Kiley noted that the Town received a letter from Tompkins County Planner Joan Jurkowich asking to schedule time with the Town Board to present and review the Focus Area Development Strategy . The Board tentatively set the time for the March 27th Special Town Board Meeting staffing at' 7 : 00 p .m . Mr. Kerness requested that Ms. Jurkowich send her presentation prior to the meeting so the Board can be prepared to discuss the topic . Ms . Kiley will confirm the date and time with Ms . Jurkowich and request materials prior to the meeting . Highway Superintendent James Meeker reported that the department completed maintenance on the trucks and replaced regulatory signs on roads to the east of N . Y . S . Route 96 . They replaced 90 signs, which had been in place for 25 years and overdue for replacement. The new signs have brighter reflective colors . He is still working with the committee to hire a new county highway manager and to hire an engineering company to assist in preparing road use agreement language . The highway superintendents are also discussing more opportunities to cost share . This had been discussed before with no formal plan. He hoped to have additional information within the month for the Seneca Bridge replacement project. Code Enforcement Officer Alex Rachun was absent but prepared a report that was distributed to the Board for review. Supervisor Roxanne Marino was absent but had Bookkeeper Mary Bouchard distribute the Operating Statement to the Board for review. Deputy Supervisor Elizabeth Thomas distributed a summary of her work tasks and hours for review. OLDcBUSINESS Association of Towns Resolutions Ms . Thomas stated that she will attend the Association of Town' s annual meeting on Wednesday, February 22nd . She distributed the resolutions that will be voted on at the meeting. The Board reviewed and discussed the resolutions and instructed Ms . Thomas on how to vote for the Town Board . Ms . Thomas also noted that she needs a resolution appointing her as the Town Delegate to vote on resolutions . . ,: ,y, TOWN OF ULYSSES 5 Regular Town Board 2/14/2012 Mr. Kerness moved, seconded by Mr. Romer the following : BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Ms . Thomas to serve as the Town Delegate and vote accordingly at the Annual Meeting for the Association of Towns . Mr. Kerness aye Mr. Romer aye Ms . Thomas aye Ms . Tyler aye Adopted Illicit Discharge Law Ms . Kiley distributed the draft law and a draft resolution to set the public hearing for public input on the proposed law. The Board reviewed the document with Ms . Kiley and requested some minor edits. She will prepare the final draft and send it to Ms . Geldenhuys for final review prior to releasing it for the public hearing . Ms . Geldenhuys recommended removing the hyperlinks from the law as links change and become obsolete . Listing the hyperlinks on the Town' s website was suggested. Ms . Thomas moved, seconded by Mr. Kerness the following : WHEREAS , in 2003 the Town of Ulysses signed a Notice of Intent for Coverage Under a SPDES General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems ; and WHEREAS , one of the minimal control measures of the Notice of Intent is to adopt a local law with the intention to protect water quality by establishing regulations on non- stormwater discharges into the municipal separate storm sewer system and surface waters for the purpose of controlling the introduction of pollutants, and to prohibit certain activities and connections to the storm sewer system and surface waters that could cause the introduction of pollutants ; and WHEREAS , the proposed local law has been drafted to include the elements required by New York State, to reflect the research and experience of other Towns ; NOW, THEREFORE, BE IT RESOLVED, that a public hearing will be held on February 28 , 2012 at 7 : 00 p.m. at the Ulysses Town Hall on the proposed adoption of a Local Law for Storm Sewer System and Surface Waters Protection. Mr. Kerness aye Mr. Romer aye Ms. Thomas aye Ms . Tyler aye Adopted EMS Ms. Thomas stated she and Ms . Marino discussed the reality of being able to complete the work to form an Ambulance/EMS District before the April 23 , 2012 deadline . The volume of work, time frames and the Board ' s vacation plans over the next two months will not allow for the ambulance district process to be completed before the taxing information is needed for the Preliminary Tax Rolls due on April 23 , 2012 . She asked the members for their thoughts, comments and suggestions . The Board discussed the district formation requirements including if a referendum is required, the public information meeting and dates Board members will be away. Mr. Kerness stated he would still like to proceed with preparing for a public information meeting to get information out to the public on costs, options , etc . He feels that the Town Board needs to know what their TOWN OF ULYSSES 6 Regular Town Board 2/14/2012 constituents want. It may assist the Town Board in establishing a more cooperative working relationship with the Village . The Board set a tentative date for the public information meeting on March 14, 2012 , pending confirmation that Ms . Marino will be available . Town Hall Maintenance Contract Mr. Kerness distributed a potential contractor ' s proposal to perform general maintenance and repair at the Town. Hall . Mr. Kerness has had experience with the contractor noting that he responds quickly to emergencies, does weekend work and includes all services . If he cannot I perform the work himself, he hires subcontractors which are all insured. It was noted there are several areas of concern already around the building including lighting and plumbing . Other options were discussed including utilizing other town employees . Mr. Kerness asked the Board to email him other contractors ' names and he will contact them to get a quote . He noted that following the purchasing guidelines, it would be good to have 3 quotes . He would like any recommendations as soon as possible so that he can get quotes by February 24th so that the Board could make a decision at the February 28 , 2012 meeting . NEW BUSINESS Recreation Partnership Ms . Thomas stated Durand Van Doren has agreed to serve as the Town' s representative to the Recreation Partnership . He must be appointed by Town Board resolution. Mr. Kerness moved, seconded by Ms . Tyler the following : WHEREAS , the Town Board of the Town of Ulysses appoints Durand Van Doren as the Town of Ulysses ' representative to the Recreation Partnership . , Mr. Kerness aye Mr. Romer aye Ms . Thomas aye Ms . Tyler aye Adopted Computer Securjy Ms . Tyler stated she read about computer breach issues in the Association of Towns ' Town Topics newsletter. They have a template policy in the article she would like to have the Board review and adopt . There is considerable liability associated with having personal records breached. The members agreed this should be reviewed and would like to have this put on the agenda at a March meeting . Ms . Thomas moved, seconded by Mr. Kerness to adjourn. Unanimous vote . Meeting adjourned at 10 : 23 p .m. Respectfully submitted, Robin Carlisle Peck Zoning/Planning Secretary `