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HomeMy WebLinkAbout2012-02-28-STB Town of Ulysses Special Town Board Meeting February 28 , 2012 Present : Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, David Kerness, Kevin Romer; Deputy Supervisor Sue Poelvoorde ; Environmental Planner Darby Kiley; Zoning/Planning Secretary Robin Carlisle Peck Ms . Marino called the meeting to order at 7 : 12 p.m . PROPOSED LOCAL LAW FOR STORM SEWER SYSTEM AND SURFACE WATERS PROTECTION Ms. Marino stated that the Board must complete the State Environmental Quality Review (SEQR) step for the stormwater law that was the subject of the public hearing held prior to the meeting. She noted that the SEQR is done on adopting the law, which is an unlisted action; therefore, the Short Environmental Assessment Form is used. The Board reviewed the SEQR form completed by Ms . Kiley. Ms . Marino moved, seconded by Mr. Romer the following : WHEREAS , this action is the enactment of a local law for Storm Sewer System and Surface Waters Protection; and WHEREAS , said proposed local law is intended to protect water quality by establishing regulations on non-stormwater discharges into the municipal storm sewer system and surface waters for the purpose of controlling the introduction of pollutants, and by prohibiting certain activities and connections to the stormwater sewer system and surface waters that could cause the introduction of pollutants ; and WHEREAS , this is an unlisted action for which the Town of Ulysses Town Board is acting as Lead Agency in environmental review with respect to the enactment of this local law; and WHEREAS , the Town Board, at a public hearing held on February 28 , 2012, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action, prepared by Town staff; NOW THEREFORE BE IT RESOLVED, that the Town of Ulysses Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. Mr. Kerness Aye Ms . Marino Aye Mr. Romer Aye Ms . Thomas Aye Adopted Ms. Marino noted that the next step is to approve the local law. She pointed out that Ms . Kiley provided the Board with a new draft resolution that has an additional WHEREAS clause. The clause is required by New York State to verify that the Attorney for the Town certifies that the law is equivalent to the Model Local Law to Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer System provided by the New York State Department of Environmental Conservation. Ms . Thomas moved, seconded by Mr. Kerness the following : TOWN OF ULYSSES 2 Special Town Board 2/28/2012 WHEREAS , it is in the public interest, and will minimize threats to the environment and to public health and safety, for the Town to regulate discharges into the Municipal storm sewer system and surface waters that are not composed entirely of stormwater in order to control the introduction of pollutants, and to prohibit certain activities and connections to the stormwater sewer system and surface waters that could cause the introduction of pollutants; and I WHEREAS , the Town of Ulysses is required to enact regulations that prohibit the f discharge of pollutants into the municipal stormwater sewer system in compliance with U. S . Environmental Protection Agency and New York State Department of Environmental Conservation requirements ; and WHEREAS , the Town staff and the Attorney for the Town have worked to develop a local law to accomplish the above objectives and meet the federal and state requirements ; and WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ulysses for a public hearing to be held by said Town on February 28 , 2012 at 7 : 00 p .m. to hear all interested parties on the proposed local law for STORM SEWER SYSTEM AND SURFACE WATERS PROTECTION ; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ulysses and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS , pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617 , adoption of said j local law is an Unlisted action for which the Town Board of the Town of Ulysses, acting as lead agency in an environmental review with respect to adoption of this local law, has on February 28 , 2012 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town staff; and WHEREAS , the Attorney for the Town, in a memorandum dated February 28 , 2012, certified that this law is equivalent to the Model Local Law to Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer System provided by the New York State Department of Environmental Conservation; NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ulysses hereby adopts said local law for STORM SEWER SYSTEM AND SURFACE WATERS PROTECTION; a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Mr. Kerness Aye Ms . Marino Aye Mr. Romer Aye Ms . Thomas Aye Adopted TOWN HALL MAINTENANCE Ms . Marino asked Mr. Kerness to present the information he gathered on contracting the maintenance work for the Town Hall . TOWN OF ULYSSES 3 Special Town Board 2/28/2012 Mr. Kerness stated he contacted Peter Wright (Mainstay Builders) and Carl Cote (Results). They both provided contracts and their pricing is similar. Their after-regular-business hours are slightly different as are their days off rates . They both have an annual maintenance fee that he is not sure is necessary. He has experience with Mainstay. Lucia Tyler has experience with Results ; according to the Better Business Bureau Mainstay Builders have been in business for 6 years and Results for 4 years . Ms . Thomas asked if Mr. Kerness had a sense of the number of accounts each company had. Mr. Kerness stated he felt Results is just getting started with maintenance work; whereas Mainstay has already established their company in this business . Mainstay has employees ; whereas Results is a group of partners covering the different duties . Ms . Thomas noted Mainstay is a local contractor; Results is from Groton. She felt it would be appropriate to support local business . Ms. Marino asked if Hubbard Heating would still be called for work on the HVAC system. She recommended that Hubbard be retained, as they are the company that installed the system and maintain it. She would like to have a price comparison done before choosing another company. Mr. Kerness and Ms . Thomas noted that they feel that Hubbard ' s is expensive . Ms . Marino stated she would like it to be understood that if they approve this contract they reserve the right to keep Hubbard for the HVAC service . She feels it is only polite to allow the company that has been maintaining the system for the past years an opportunity to price their services for comparison. Mr. Romer noted there is not an end date in the Mainstay contract. The Board agreed that the contract term should be one year ending on December 31St and reappointing the contract at the organizational meeting in January . Mr. Kerness suggested that a 60-day payment period versus 30 days should be in any contract to eliminate problems with the monthly claims process. Mr. Romer questioned the wording in Mainstay ' s contract about whom the contract is with. New wording was recommended . Mr. Kerness asked who the contact people would be to call the company in and who would authorize any work to be done over $400 . Ms . Marino stated the Town Clerk' s office had been designated by the Board as having the responsibility to call for repairs since they are the office staffed on a consistent basis . The procurement policy would be followed per the associated dollar amounts . Ms. Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses has reviewed a maintenance contract from Mainstay Builders and with the amendments to verify Hubbard ' s pricing, insert the contract date termination of 12/31 / 12 , and 60-day payment period authorize the maintenance contract to be signed. Mr. Kerness aye Ms . Marino abstained Mr. Romer aye Ms . Thomas aye Mr. Kerness stated the motion failed due to not having a super majority vote . He had not provided the written material 5 hours before the meeting as required by the Board ' s policy of meeting procedures . } TOWN OF ULYSSES 4 Special Town Board 2/28/2012 EMS Ms . Marino stated the next order of business is discussing how to move forward with the EMS issue . She asked Ms . Thomas to present the information she prepared to move forward with a public information meeting . Ms . Thomas stated she prepared a PowerPoint presentation, a one-page handout of the different ways to move forward and a postcard to mail to advise residents about the public information meeting . She felt that the handout, postcard and an editorial in the newspaper would be a good place way to present this information to the public . Ms . Marino stated she liked the one-page handout and postcard. She would like to have the Board work on these tonight . The Board discussed the one-page handout and made edits and suggestions that Ms . Thomas will incorporate . Mr. Romer stated he contacted a representative at the New York State Department of Health (NYSDOH.) The person advised Mr. Romer that the Town does not need to form an ambulance district; that they in fact can provide the service through an authority. The staff person also recommended that the Town and Village enter into an inter-municipal agreement for the service as New York State government is interested in having more of these types of agreements put into place . Ms. Marino noted that the authority versus district information is in conflict with the Comptroller' s direction. Attorney Mariette Geldenhuys also researched the process for providing ambulance service and confirms the Comptroller' s direction. The Board agreed that a public meeting should not be held until the new information Mr. Romer presented can be reviewed. Ms . Marino left the meeting at 9 : 15 p .m. delegating the meeting to Deputy Supervisor Thomas . Mr. Romer left the meeting at 9 : 17 p.m. Meeting adjourned at 9 : 18 p . m . due to lack of quorum . Respectfully submitted, Robin Carlisle Peck Planning/Zoning Secretary I }^ • • Town of Ulysses Public Hearing February 28 , 2012 Present: Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, David Kerness, Kevin Romer; Deputy Supervisor Sue Poelvoorde ; Environmental Planner Darby Kiley; Zoning/Planning Secretary Robin Carlisle Peck Ms . Marino opened the Public Hearing at 7 : 02 p . m. She stated the purpose of the hearing is to take public comment on the Draft Local Law for Storm Sewer and Surface Waters Protection . She read the legal notice, posted January 21 , 2012 . She asked Ms . Kiley to provide a summary of the law. Ms . Kiley stated this law is required to further protect the Municipal Separate Storm Sewer System (MS4) area within the town. The Town adopted a Local Law back in 2007 regulating construction activities . This law will allow the Town to investigate and handle observed pollutant discharges into the MS4 area. The stormwater system should only carry precipitation runoff to the surface waters of the town. Ms . Marino asked whom the Stormwater Management Officer is and if the Board had designated a person for 2012 . Ms . Kiley stated it could be either her or Alex Rachun. Mr. Rachun has served in this position since established. Ms . Thomas stated she was not sure if the Town Board had designated an individual but will check the organizational meeting minutes. Ms . Marino asked if the Board had any other questions or concerns . The Board members stated they did not. Ms . Marino noted no members of the public were present. Ms . Marino closed the Public Hearing at 7 : 11 p .m . Respectfully submitted, Robin Carlisle Peck Planning/Zoning Secretary