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HomeMy WebLinkAbout2012-09-11-RTB Town of Ulysses Regular Town Board Meeting September 11 , 2012 * * Audio available on website www. ulysses .ny .us Present : Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler, David Kerness and Kevin Romer; Deputy Supervisor Sue Poelvoorde ; Environmental Planner Darby Kiley ; Highway Superintendent James Meeker; Town Clerk Marsha L. Georgia; and Attorney Mariette Geldenhuys. Others Present : Chris Hamilton; Diane Hillman, Jacksonville Community Association; Michael Maguire, Superintendent Trumansburg Central School ; Mario DelRosso ; Sue Ettinger; Karen Meador; Tim Fallon; Betsy Fallon; Robert Hesson; Richard Garner. Supervisor Marino called the meeting to order at 7 : 00 p . m. Ms . Marino said that she would like to start the meeting with a moment of silence in memory of all those who lost their lives on this day eleven years ago and in appreciation and honor of the first responders in our community and everywhere who put their lives in harm ' s way in order to keep us safe . APPROVAL OF MEETING AGENDA Ms . Thomas moved, seconded by Mr. Kerness to approve the revised agenda dated 9/ 11 /2012 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted APPROVAL OF CLAIMS Ms . Marino moved, seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previously examined vouchers #341 through 372 for the amount of $37,732 . 43 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted APPROVAL OF MINUTES Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes as corrected for the Regular Town Board meeting of August 14, 2012 . Ms. Marino abstained Ms. Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted I I Regular Town Board Meeting 2 September 11 , 2012 CORRECTIONITO MINUTES OF 7/10/2012 Ms . Marino moved, seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the change to the Regular Town Board meeting of July 10 , 2012 under the Supervisor' s report to read as follows : "Recreation Partnership budget increase for 2013 is 2%, Ulysses cost will be $7 , 592 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted REPORTS OF REPRESENTATIVES Tompkins County : Board Jim Dennis — not in attendance Trumansburg Fire Department & EMS — not in attendance Trumansburg Village — not in attendance PRIVILEGE OF FLOOR Karen Meador, Tim Fallon, Robert Hesson and Richard Garner expressed their concern about the proposed draft Lakeshore Zone document. They also stated that they were representing the Ulysses Lakeshore Association, a new lakeshore residents group that is not associated with the West Shore Homeowners Association. Ms . Meador requested that their group ' s contact be included in distribution of notices for future meetings on the new zone . Their statements can be heard on the audio tape on the Town' s website . Diane Hillman, Jacksonville Community Association reported that no progress has been made to get repairs done to the old church on Jacksonville Road . She noted that work needs to be done before winter. Shoe would like assistance from the Town Board. Mr. Kerness volunteered to call the management company responsible for the building . Ms . Hillman asked if there was any follow through on her email requesting action on the changes to the Zoning Law to help address some of the issues coming up in the hamlet with respect to changes in use and occupancy of residential structures . Ms . Marino noted that staff and Mariette Geldenhuys are reviewing the proposals . Chris Hamilton ;expressed his concerns about the EMS situation in the Town and encouraged the Town Board to support Trumansburg ' s EMS department. He also noted that he does support the idea of a shared-services agreement as long as it is fair to all covered by the agreement. LEE SHURTLEFF, Director — Tompkins County Department of Emergency Response Mr. Shurtleff, Director of the Tompkins County Department of Emergency Response, presented an overview of the County ' s E-911 response operations and dispatch process particularly as it relates to emergency calls for ambulance service . The full presentation is available on the audio tape on the Town' s website . TOWN REPORTS Planning Board/Zoning Officer Darby Kiley reported the following : Planning Board Report from August 21 , to September 4, 2012 . The Planning Board continued their review of the revisions to the Zoning Law - Article III . As mentioned last month, the Planning Board is 'grotp Regular Town Board Meeting 3 September 11 , 2012 reviewing language for a flag lot definition and might have recommended language changes that can be incorporated into the Zoning Law update . They also reviewed a Minor and Simple Subdivision, both of which will have public hearings next week. Tompkins County Stormwater Coalition The Stormwater Coalition is sponsoring a tour of green infrastructure projects on September 13 . Highway Superintendent James Meeker reported the activities for the month of August for the Highway Department. Town Clerk Marsha L. Georgia reported the activities of the Town Clerk' s office. Code Enforcement Officer Alex Rachun — not in attendance Supervisor Roxanne Marino reported : • Previously distributed the operating statements and noted that the budget process has started. • A meeting request to schedule a Village meeting in reference to the EMS budget. • Met with Michael Maguire, new Trumansburg School Superintendent, and Marty Petrovic, Trumansburg Mayor, to discuss how the Town, Village and School can collaborate with services and also prepare an updated Emergency Response Plan. • Outlined a process to work on the request from the Jacksonville Community Association for zoning changes. • Follow-up on a meeting with Habitat for Humanity regarding ways to apply the lien funds the Town received back from two of the housing grant projects . • Last year the Town put in for a grant from the Community Foundation and received funds for youth employment. There is another grant round with a deadline of September 21 , 2012 . Youth staff want to apply again to secures funds for substantial programs that have experienced cuts through the years. Ms . Marino moved seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Marino to sign the grant application to the Community Foundation for Youth Employment funding. Ms. Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Deputy Supervisor Sue Poelvoorde reported that she is working with Ms . Kiley to complete final edits to the draft Agriculture & Farmland Protection Plan. Deputy Supervisor Elizabeth Thomas stated that she emailed a report to the Board, but briefly reported on three items : • Worked with the sub-committee developing the proposed draft Lakeshore Zone and Conservation Zone to review and recommend further edits to the draft :language for the two zones . She will make the final revisions to the draft. • Worked on some revisions to the Ulysses Personnel Policy. • Received emails and comments on the Waterburg Bridge replacement project being proposed by Tompkins County, which she scanned and forwarded on to the Town Board and the Tompkins County Highway Department. Regular Town Board Meeting 4 September 11 , 2012 Town Board Members and Committees Councilperson Lucia Tyler reported that the Tompkins County Healthcare Consortium expects to have an 8% increase in the insurance plan cost for 2013 . OLD BUSINESS A i . ointment of town of Ul sses Board of Zonin • A i s eals Member Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Carl Mann to serve on the Board of Zoning Appeals and his term will end December 31 , 2015 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Agriculture & Farmland Protection Plan — possible contract extension and timeline Ms . Marino reported that she spoke with John Brennan, the New York State Department of Agriculture and Markets contact, about an extension to our current grant contract to complete the Town' s Agriculture & Farmland Protection Plan. Mr. Brennan suggested that since funds remain in the contract, he would be able to extend the grant to the end of December 2012 . Ms . Marino outlined the steps the Board will need to complete to finalize the project by December 31 , 20112 . Ms . Marino moved, seconded by Ms . Tyler the following : i BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Marino to sign the necessary papers to file for an extension to December 31 , 2012 to complete the Agriculture & Farmland Protection Plan grant. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Lakeshore Zone and Conservation Zone — timeline for Board review Mr. Kerness reported that the proposed Lakeshore Zone and Conservation Zone draft documents are with a sub-committee for review. A new draft of the Lakeshore Zone will be distributed by the beginning of October. He noted that there are seven items in particular that he wants to bring to the Town Board ' s attention to discuss . The Board set the following meetings to discuss the draft Lakeshore Zone language. • October 10, 2012, 7 : 00 p .m. — Town Board discuss Lakeshore Zone • October 24, 2012 , 7 : 00 p . m. — Public Informational Meeting on Lakeshore Zone 2013 Budget Timeline/Requests The Board discussed the budget process timeline and set the following meetings : A . Regular Town Board Meeting 5 September 11 , 2012 • October 3 , 2012 , 8 : 30 a. m. — Budget presentation & review • October 9, 2012, 6 : 30 p . m . — Public Hearing on Local Law to Override Tax Levy • October 9, 2012 , 7 : 00 p . m . — Regular Town Board meeting • October 12 , 2012 , 8 : 30 a. m. — Budget review Local Law to Override Tax Cap The following law was introduced : A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town Board of the Town of Ulysses as follows : Section 1 . Legislative Intent : It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Ulysses, County of Tompkins pursuant to General Municipal Law § 3 -c, and to allow the Town of Ulysses, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1 , 2013 and ending December 31 , 2013 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3 -c . Section 2 . Authority : This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3 -c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override : The Town Board of the Town of Ulysses, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2013 that requires a real property tax levy in excess of the limit specified in General Municipal Law § 3 -c . Section 4. Severability : If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date : This local law shall take effect immediately upon filing with the Secretary of State . Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses hold a Public Hearing on the Local Law to Override the Tax Levy Limit Established in General Municipal Law § 3 -c, October 9, 2012 , at 6 : 30 p . m. in the Town Hall 10 Elm Street, Trumansburg, NY prior to their Regular Town Board meeting. Ms . Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Kerness aye Mr. Romer aye Adopted EMS : Proposed Meeting with EMS Experts & Providers — update Regular Town Board Meeting 6 September 11 , 2012 Mr. Romer said that the Board had discussed scheduling a meeting with NYS Department of Health (DOH) staff in regards to the local EMS situation. Mr. Romer reported that the DOH contact complimented Attorney Geldenhuys on a great job of explaining the situation and as such the DOH staff does not see a reason to come down for a meeting . The DOH feels that the Town has compiled the questions for the Village that the DOH also would ask. Ms . Geldenhuys will send the Village the questions . Executive Session — advice of counsel on pending litigation Ms . Marino moved, seconded by Mr. Romer the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to executive session for advice from their counsel on pending litigation. Ms . Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Adjourned to executive session at 9 : 40 p .m . Ms . Marino reconvened the Regular Town Board meeting at 10 : 03 p .m . NEW BUSINESS Resolution to Participate in Broadband Grant Ms . Thomas moved, seconded by Ms . Marino the following : AGREEMENT TO PARTNER IN PROJECT TO EXPAND RURAL BROADBAND IN THE COMMUNITY VIA GRANT APPLICATION TO NYS The Town Board of Ulysses, County of Tompkins , State of New York, on September 11 , 2012 , here' ereby makes the following resolution : Whereas the Town of Ulysses recognizes that the development of Broadband infrastructure is critically important to our community and, Whereas, New York State is offering broadband grants to expand service to unnerved and underservied communities, especially to public-private partnerships, Therefore' be it resolved that the Town of Ulysses wishes to partner with Clarity Connect, Inc . to apply for a grant for our community and Further be it resolved that the Town of Ulysses as a part of its contribution to the project will : ( 1 ) Waive all fees related to the implementation of the project (2) Will bring electric service to each tower location, and (3 ) Will Help inform the public and promote where appropriate the service availability and Further be it resolved that the Town of Ulysses will do everything practical to expedite zoning, rilghts of way and any other needs of the project. ';+ Regular Town Board Meeting 7 September 11 , 2012 Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness nay Mr. Romer aye Adopted I Review of Proposed Personnel Policy Changes The Board discussed a draft performance review form to be used to evaluate non-elected employee performance to be used in consideration for future salary increases . Ms . Thomas moved, seconded by Ms . Marino and Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses distribute the draft Town of Ulysses Performance Review form to all department heads and ask them to use the form to make recommendations to the Town Board for the basis of 2013 salary requests . Ms . Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Kerness aye Mr. Romer aye Adopted PRIVILEGE OF FLOOR Mr. Garner requested to receive a copy of the updated draft Lakeshore Zone . Mr. Fallon expressed his concern with the timing of the meeting on the Lakeshore Zone noting that many summer residents are no longer in the area to participate . He also stated that he felt that there is no need to rush the zoning change. Mr. Hesson commented on the EMS situation. ADJOURNMENT Hearing no further discussions Ms . Marino moved, seconded by Mr. Romer to adjourn the meeting. Unanimously approved; meeting adjourned at 10 : 45 p .m. Respectfully submitted, Marsha L . Georgia Ulysses Town Clerk I