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HomeMy WebLinkAbout2012-11-13-RTB Town of Ulysses Regular Town Board Meeting November 13 , 2012 Audio available at www. ulysses.ny .us Present : Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler, Kevin Romer and David Kerness ; Deputy Supervisor Sue Poelvoorde ; Environmental Planner Darby Kiley ; Highway Superintendent James Meeker; Town Clerk Marsha L . Georgia; and Attorney Mariette Geldenhuys . Others Present: Louis DiPietro , Free Press Reporter; Diane Hillman, Jacksonville Community Association ; and Doug Austic, Town of Ulysses Water Distribution & Maintenance Operator Supervisor Marino called the meeting to order at 7 : 00 p .m . APPROVAL OF MEETING AGENDA Ms. Marino moved, seconded by Ms . Thomas to approve the agenda with the addition of a presentation by Doug Austic, Town of Ulysses Water Distribution & Maintenance Operator. Unanimously approved. BUDGET MODIFICATIONS Ms . Marino moved, seconded by Mr. Romer the following 2012 Budget modifications : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following Budget Modifications for the 2012 Budget : A Fund A9055 . 8 Disability Insurance increase $ 350 . 00 A9040 . 8 Worker' s Compensation decrease 350 . 00 DA Fund DA5140 . 1 Brush and Weed PS increase $ 3 ,000 . 00 DA5142 . 1 Snow Removal PS decrease 3 ,000 . 00 DB Fund DB5110 . 1 Highway Maintenance increase $ 10 ,000 . 00 DB 0599 Appropriated Fund Balance increase 10,000 . 00 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 414 through 473 in the amount of $ 65 ,662 . 88 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Regular Town Board Meeting 2 November 13 , 2012 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 edited minutes of the Working Town Board Meeting of August 28 , 2012 , September 25 , 2012 , October 3 , 2012 , and October 12 , 2012 ; Regular Town Board Meeting of September 11 , 2012 and October 9 , 2012 ; Public Hearing of October 9 , 2012 and October 23 , 2012 ; Special Town Board Meeting of October 10 , 2012 . FURTHER RESOLVED to table the minutes of the Working Town Board Meeting of October 23 , 2012 , Special Town Board Meeting of October 24, 2012 and the Public Information Meeting of October 24 , 2012 . Ms . Marino aye Ms. Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted REPORTS OF REPRESENTATIVES Tompkins County Representative Jim Dennis — not in attendance Trumansburg Fire Department & EMS — not in attendance Trumansburg Village — not in attendance PRIVILEGE OF THE FLOOR Diane Hillman, President Jacksonville Community Association reported on the status of the Jacksonville Post Office and the possibility of closure or reduction in hours of operation. Ms . Hillman asked if any progress had been made contacting Mobil about the old church. Ms . Thomas said that Mr. Rachun has been in contact with Mobil and they plan to come and do an evaluation of the property . Don Ellis had a question on the administration of the water district by the Town Board. Mr. Ellis also expressed his concern over the lack of agreement between the Town and Village of Trumansburg over EMS service . Ms . Marino invited Mr. Ellis to stay for the meeting as the Town Board will discuss the current status of the EMS issue in more detail . Board members noted that a major problem was getting information from the Village . TOWN REPORTS Doug Austic, Town of Ulysses Water Distribution & Maintenance Operator Mr. Austic explained the proposal to switch the telemetry system that allows him to remotely monitor water levels in the water tower from the existing radio frequency communication system to a cellular communications system . He secured two quotes for the new system, one from Aqua Logics Systems, and the other from Phoenix Sentry . The Town Board discussed the project and quotes with Mr. Austic . The Board requested that Mr. Austic to obtain some additional information on the system and tabled a decision until the November 27 , 2012 meeting . Regular Town Board Meeting 3 November 13 , 2012 Environmental Planner /Zoning Officer - Darby Kiley Ms . Kiley gave her monthly report, which can be heard on the audio version on the website . Highway Superintendent James Meeker reported the activities for the month for the Highway Department, which can be heard on the audio version on the website . Town Clerk Marsha L. Georgia reported the monthly fees collected and the amount turned over to the Supervisor. Ms . Georgia reported that the delinquent water accounts that were more than 60 days old have been relevied and sent to Tompkins County Assessment to be placed on the 2013 Town and County Tax Bills . She also reported that the total number of units in the water district was updated. Code Enforcement Officer Alex Rachun — not in attendance . Mr. Rachun provided a written report of activities to the Town Board. Supervisor Roxanne Marino distributed the monthly operating statement. The remainder of her report can be heard on the audio version on the website . Deputy Supervisor Elizabeth Thomas reported on the tasks she worked on as Deputy Supervisor; report available on the audio version on the website . Deputy Supervisor Sue Poelvoorde — No report. Town Board Members and Committees Councilman David Kerness reported on a Tompkins County Health Consortium meeting he attended. Attorney Geldenhuys updated the Town Board on the Article 78 proceeding brought against the Town for a Board of Zoning Appeals decision. The oral arguments will be November 30 , 2012, in Cortland, NY . OLD BUSINESS EMS Ms . Marino gave a summary of where the Town Board stands with the EMS contract and Fire Contract. The Town Board did receive two contracts late today from the Village of Trumansburg' s attorney but they were incomplete . Ms . Marino moved, seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses will proceed with the EMS and Fire Contract issue with the following steps : • Attorney Geldenhuys will pursue getting the details of the two contracts from Village Attorney Brad Pinsky, • Attorney Geldenhuys will speak with other attorneys that may be able to help the Town handle how to deal with having to sign a contract that they do not have the details for in order to get a service that the Town is required to provide, • The Town will use the highest number of $385 , 771 provided by the Village for the combined Fire Protection and EMS contract for the 2013 Town Budget. • Attorney Geldenhuys will look into the steps for a Municipal Certificate of Need (CON) . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness nay Mr. Romer aye Regular Town Board Meeting 4 November 13 , 2012 Adopted Lakeshore and Conservation Zoning Ms. Kiley forwarded a memo to the Town Board covering the topics that were raised at the Public Information meeting . If any Town Board member has something to add, she can revise the list before forwarding it on to the working committee that will be formed to address the public input. The Town Board discussed the membership of the working committee as proposed by Ms . Kiley. Ms. Thomas moved, seconded by Ms . Marino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses create a working committee to research alternate options and language for the proposed Lakeshore Zoning based on input from the public and the Town Board members . This ad hoc committee will consist of: • Don Smith • Rebecca Schneider • Rod Hawks • Peter Fry • Darby Kiley • One representative from the Ulysses Lakeshore Association as chosen by the committee. FURTHER RESOLVED that the ad hoc committee will set their own time to convene but will notify the Town Clerk in order to publish the meeting dates . Mr. Kerness moved, seconded by Ms . Thomas to amend the resolution to replace one representative from the Ulysses Lakeshore Association with one additional lakeshore property owner. Ms . Marino feels strongly that it should be a member of the Ulysses Lakeshore Association. Ms . Marino nay Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer nay Adopted The list of conceits will be cleaned up before passing them on to the ad hoc committee and putting them on the web page . I-Deal Self Storage Property The Town Board, the application for re-zoning Mr. Hilker' s property on Rabbit Run Road after receiving information and a recommendation from Ms . Kiley . Ms . Thomas moved, seconded by Mr. Kerness the following : Whereas; the Town of Ulysses Zoning Law (Local Law #4 of 2007) Article III, Section 3 . 6 allows for re-zoning, where upon submission of preliminary materials to the Town, the Town Board decides if the proposed request merits further consideration, and the Town Board forwards the request to the Planning Board for their review and recommendations ; and Regular Town Board Meeting 5 November 13 , 2012 Whereas, on October 9, 2012, the Town Board received a proposal for the expansion of a nonconforming use for I-Deal Self Storage, located at 4118 Rabbit Run Road, Tax Parcel Number 12 . -3 -21 . 2, R2 Moderate Density Residence District; and Whereas , the property at 4118 Rabbit Run Road was in the Business District until the zoning updates in 2005 ; and Whereas , the 2009 Comprehensive Plan Future Land Use Plan designates that area along Rabbit Run Road as "Natural Areas/Parkland" ; and Whereas , the properties across the street on Rabbit Run Road include existing single- family homes ; and Whereas, the property at 4118 Rabbit Run Road is separated from the Trumansburg Road B1 -Business District by a steep bank on the rear property line : RESOLVED that the Town Board of the Town of Ulysses does not find this proposal to merit further consideration for rezoning . Ms . Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Property Acquisition for Seneca Road Bridge Ms . Marino had forwarded information and the revised contract for the purchase of the property on West Seneca Road, required for the upgrade of the Seneca Road bridge, provided by Attorney Geldenhuys . Ms . Thomas 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 contract for the purchase of a portion of Tax Parcel 11 . - 1 - 1 for the amount of $2000 ; FURTHER RESOLVED that the purchase offer will expire on December 15 , 2012, with a closing date no later than January 31 , 2013 . Ms. Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted 2013 Budget Ms . Marino advised the Board of a few minor changes to the Preliminary Budget. Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the 2013 Preliminary Budget as modified . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness nay Regular Town Board Meeting 6 November 13 , 2012 Mr. Romer aye Adopted Ms. Marino will do the necessary adjustments and move the budget to adopted and resubmit to the Town Board. Agriculture and Farmland Protection Plan Ms . Marino reported that the Tompkins County Agriculture and Farmland Protection Board (TCAFPB) meeting is scheduled for November 28 , 2012 . The TCAFPB requested an outline of how the Town addressed their comments on an earlier version of the Town ' s Agriculture and Farmland Protection Plan. Ms . Marino will work with Ms . Kiley to prepare the requested outline . Ms . Marino said that it would be good to have the final changes from the Town Board. The wording changes previously discussed have been included. A meeting was scheduled for November 16 , 2012 , to go through the final changes and approve a final draft version. NEW BUSINESS Youth Commission Appointment Ms . Marino moved, seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses appoint Sharon Bilotta for the at-large member of the Ulysses Youth Commission. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Hearing no further business, Ms . Marino moved, seconded by Mr. Romer to adjourn the meeting . Unanimously approved and meeting adjourned at 10 : 10 p .m. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk