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HomeMy WebLinkAbout2014-03-11-RTBWORKING TOWN BOARD MEETING Town of Ulysses March 11, 2014 The meeting was held at the Ulysses Town Hall at 10 Elm Street, Trumansburg, on March 11, 2014. PRESENT: Supervisor- Liz Thomas Board members- Rich Goldman, John Hertzler, Nancy Zahler, Dave Kerness Clerk- Carissa Parlato Highway Superintendent- Jim Meeker Town Attorney- Mariette Geldenhuys Deputy Supervisor- Michelle Wright Environmental Planner- Darby Kiley OTHERS PRESENT: Kat Clement, Diane Hillmann, Bill George, Jim Dennis, Steve Gordon Notice of Town Board meetings are posted on the website and clerk's board. Ms. Thomas called the meeting to order at 7 p.m. GENERAL BUSINESS: APPROVAL OF MEETING AGENDA RESOLUTION 2014-68: BE IT RESOLVED that the Ulysses Town Board approve the meeting agenda of March 11, 2014 with the addition of. 1) a resolution authorizing the Supervisor to sign the annual contract with Cornell Cooperative Extension for youth services 2) a resolution authorizing the Supervisor to sign the annual contract for TC Soil and Water Conservation Service 3) a resolution addressing the NYS Energy Plan 4) a resolution authorizing purchase of a truck for Zoning and Code Enforcement 5) moving the personnel policy discussion agenda item to the end of meeting 6) an Executive Session if needed after the last Privilege of the Floor Moved: Ms. Thomas Seconded: Mr. Kerness Ms. Thomas aye Ms. Zahler aye Mr. Kerness aye Mr. Goldman aye Mr. Hertzler aye Vote: 5-0 1 Date Adopted: 3/11/14 APPROVAL OF MINUTES: 2/25/14 RESOLUTION 2014-69: BE IT RESOLVED that the Ulysses Town Board approve the minutes for the February 25, 2014 meeting as amended by the Town Clerk. Moved: Ms. Thomas Seconded: Mr. Kerness Discussion: Ms. Zahler would like to have a concise summary of discussions in future minutes for historical purposes. Ms. Thomas aye Ms. Zahler aye Mr. Kerness aye Mr. Goldman aye Mr. Hertzler aye Vote: 5-0 Date Adopted: 3/11/14 REPORTS OF REPRESENTATIVES: TOMPKINS COUNTY BOARD- JIM DENNIS: Reported by Mr. Dennis: • The Food Scrap Recycling program would like to expand by adding 200 sites from Ulysses to the program. They would like to invite one town board member, one village board member, and a Jacksonville resident (Diane Hillmann may accept this task). The program has been very successful in Ithaca. • A public discussion on the Waterburg Bridge is scheduled for Monday, March 17, at 10:30am. The county legislature will offer a recommendation as to whether the bridge should be one or two lanes, etc., followed by the public meeting. Ms. Thomas inquired about the status of funds earmarked for the South Street culvert. Mr. Dennis reports that if funds were promised, they are in the budget. • A resolution was passed in response to Cuomo's tax cap. The two page document requests that the state take over Medicare costs to allow the county to reduce property taxes by 30%. • Mr. Dennis was elected Vice Chair of the legislature and serves on 4 other committees • The airport is hiring a new manager; Cornell will hire a new president Ms. Thomas questioned a Grassroots Festival permit change and the financial ramifications of the change for the festival as well as the local economy. Mr. Dennis responded that Grassroots has been involved in the change, agrees with it, and that it will not affect their bottom line financially. OA Mr. Goldman inquired about the state of healthcare for the county. Mr. Dennis stated that the county is aware that the current state is not sustainable for the long term and being a part of the Healthcare Consortium will help keep costs down. • The Healthcare Consortium will hire a part-time administrator. (Mr. Dennis added the following comments later in the meeting): • He is a board member on the Soil &Water District • The old jail in Ithaca is being renovated; adding seven beds and fifteen recreation areas • The Human Services building is being renovated to house services currently being held in the old library. The library is being renovated and will be put on the market. APPROVAL OF CLAIMS RESOLUTION 2014-70: BE IT RESOLVED that the Ulysses Town Board approve payment of claims 1-54 that were reviewed and entered into the system in the amount of $100,560.88 . Moved: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Kerness aye Mr. Goldman aye Mr. Hertzler aye Vote: 5-0 Date Adopted: 3/11/14 REPORTS OF REPRESENTATIVES: Seconded: Ms. Zahler TOMPKINS COUNTY BOARD- JIM DENNIS: (see above) WATER RESOURCES COUNCIL- WILLIAM GEORGE: (See appendix for Mr. George's submitted report) PRIVILEGE OF THE FLOOR #1: (Please refer to the appendix for public comments/written submissions from this portion of the meeting) TOWN REPORTS: PLANNING BOARD/ZONING OFFICER: (Submitted by Darby Kiley) Planning Board: The Planning Board met on February 18 and March 4, and at both meetings, the PB discussed the rezoning recommendation and the Village water line. The PB recommended that the Town Board not approve the rezoning request for 1607 Trumansburg Rd for reasons that are listed in their resolution. The PB discussed the Village Water Line and Mr. Hawkes is drafting a resolution for the PB's next meeting. Regarding the Open Space Plan, a working document was distributed and included what the PB has discussed and materials that have been reviewed. BZA: The BZA reviewed five appeals on February 19 and one new and three continued appeals on March 5. The appeals regarding Town Law §280-a were forwarded to the Town Board for open space development designation. On 2/19, two area variances were granted where additions are proposed on existing houses that are located within required setback areas, and one area variance was denied for a proposed subdivision where the proposed lot would not meet the lot area and depth requirements of the new Conservation District. On 3/5, the BZA denied a variance for the number of sheep in a residential district; this was a continuation from October and December of 2013. The NYS Department of Ag and Markets will be reviewing the case and the Town's zoning. Also on 3/5, an interpretation of the Zoning Officer was affirmed regarding zoning district boundaries, and area variances were denied for a proposed subdivision where neither lot would meet all of the setback and lot requirements. Board Training — reminder that there is an upcoming ethics and Planning and Zoning Board training on March 20. Mini -golf property — requests for uses that are not allowed in the A1, a zoning change to B 1 has more uses than might be appropriate for the location. Options: create new district description that fits the goals of the Comp Plan and fits the existing commercial building; development district (potential buyer could have stipulation in contract regarding adoption of development district). Other: At the February meeting, the Water Resources Council heard an update on the Chesapeake Bay TMDL and discussed comments on the State's draft 303(d) list regarding the phosphorus impairment in the south end of Cayuga Lake. Energy Projects: Grant — The Project Team (Towns of Caroline, Danby, Ithaca, and Ulysses and City of Ithaca, along with CCE and Tompkins County) met with representatives from NYSERDA to discuss details of the work plan and budget in the draft contract. The Smart Energy Policy Group continued to discuss the four policy areas, one of which is adoption of the unified solar permit. The Town of Enfield has adopted the permit. Ag Summit — attended along with others from Ulysses. Topics included the Farm Bill update, a panel of young farmers, and a presentation on the census data. HIGHWAY SUPERINTENDENT: Reported by Mr. Meeker: • It's been a busy month of plowing and salting. Some gravel has been mixed in to stretch the salt supply. • Needed repairs were performed to plows and equipment. • A frozen culvert pipe at intersection of Agard Road and Route 89 was repaired. • A driveway pipe was installed on Garrett Road for Jim Wilkins. As Mr. Meeker does not have the information/specs from the state for the new highway department vehicle, he requests that the board table tonight's resolution that would've allowed purchase. TOWN CLERK: Reported by Carissa Parlato: Financial report for February 2014: L'1 • Collected $1698. in fees for dogs and marriages • The town keeps $1044 of the total. #Licenses issued: • DECALS- 2 • Dog licenses- 70 • Marriage licenses- 1 Activities: • Issued new addresses for ShurSave • Visited TC GIS to see about mapping program for assigning address numbers. Also learned about opportunities for Ulysses to have an interactive map, tailor-made to our needs. For example, could have zoning districts, election districts, farms, recreation, historic sites, ... • Updated the website w/meetings, minutes, etc. Slowly updating the old information. • Made business cards • Attended a records management session • Attended a healthcare consortium meeting • Completed 2 FOIL requests • Ordered supplies • Learned about the water billing in preparation for March 17 billing • Organized files both on-line and in cabinets CODE ENFORCEMENT OFFICER: (no report) SUPERVISOR: Reported by Ms. Thomas: • The State of the Village forum is scheduled for March 29. • The TCCOG (Tompkins County Council of Governments) Sustainability Task Force is seeking members, with a focus on what municipalities can do for the sustainability effort. • The county is offering a day -long supervisory training through TC3.biz. A group discount may be offered. • TCCOG is very worried about the governor's tax freeze. They are encouraging folks to write letters on this issue. • Judge Dresser got a grant for construction on court office. In addition, they still have $2900 from a previous grant that can be used. This will be added to the next agenda. (Mr. Meeker excused himself at 8:27pm). • The RFP (request for proposals) was finalized by TCAC (Tompkins County Animal Control), to seek an enumerator. • At the AOT (Association of Towns) conference, Ms. Thomas worked with a group on bylaws. • Met with Rordan Hart, Village Trustee, (along with Ms. Zahler) in regards to shared policing. Mr. Hart would like to come speak at the next board meeting on this issue. An additional joint town board/village board meeting that focuses on fire/EMS may also be scheduled. • The fire chief visited with the supervisor and would like to set up a meeting. E More information can be shared by request re: historic preservation, fire/EMS report, statewide low-income forum on energy, library newsletter, youth services report, water bulletin from the Community Science Institute (CSI), a Cortland training for local officials DEPUTY SUPERVISOR: Reported by Michelle Wright: • Has been working on bids for general town hall maintenance • Is collaborating with Darby on a transportation alternatives grant. This includes sidewalk grants • Working on newsletter content and mailing list • Met with Public Sector HR for the draft personnel policy • Learned to do the accounts payable as Mary will be away for a while TOWN BOARD MEMBERS AND COMMITTEES: Reported by MR. GOLDMAN: • (will save his report on the health insurance topics when the board gets to the health insurance portion of the agenda) • Was unable to meet with Mr. Rachun on code enforcement due to Mr. Rachun's vacation. Reported by MR. KERNESS: • Had a meeting with Eric Pond, engineer, who has worked on town water issues in the past. Mr. Pond will prepare a proposal for the group on getting water to other areas, and how to do closed loop system to end water byproduct contaminant issue. Reported by MR. HERTZLER: • Participated in a Skype call with Ms. Thomas with Hunt engineers on water issues, will share more about this during water portion of agenda. Reported by MS. ZAHLER: • The county legislature will give $1500 to youth services this year, (in addition to $12,000) to increase budget for youth staff salaries. • Youth services received a donation for $136 from a community member through United Way donor designation. As the sponsor of the program, United Way will make the payment to the Town's youth services reserve fund. • There is no report from the village as the board did not meet due to budget work. • Will attend the JCA (Jacksonville community Assoc.) along with Mr. Goldman. • A low-income housing grant will most likely be available in summer or fall. • Ms. Zahler would like presentation topics/presenters for meetings to be e-mailed to her. OLD BUSINESS: PERSONNEL POLICY UPDATE: (Health insurance) (This topic was moved to the end of the meeting but did not get discussed) WATER DISTRICT: (Update on reduction of chlorination by-products) The supervisor is required to send a notification of violation letter to water users about TTHM/chlorination by-products as the average is still over the 80 mg/1(micrograms per liter) limit. Con This will be included along with the water bills, which will be sent out next week, along with an explanation of any health effects from TTHM and any measures the Health Department recommends to residents to reduce the TTHMs, such as filtering, allowing the water to sit before use, etc. A meeting took place with Ms. Thomas, Mr. Hertzler, Mr. Austic (water district operator), and Tim Steed (engineer) to talk about mixer/aerator options to help solve the TTHM problem. All options seem to be expensive. Ms. Thomas presented that information at meeting on March 10 with Bolton Point representatives, Town of Ithaca supervisor, Trumansburg village mayor, an engineer from Dept. of Health and head of Dept. of Health, the WD3 system operator, and the engineer for the town. The group brainstormed the following ideas in response to the issue: • Chlorinating the water less before the water gets to Ulysses and testing more for microbes, • Installing an aerator in a tank in the Town of Ithaca, • Experiences with less expensive mixers and aerators, • Piping in to village's second source rather than getting water from Bolton. The connection from Bolton could be left in place as a back-up source. Mr. Steed will produce a cost estimate for these plans. PURCHASE OF VEHICLE FOR CODE ENFORCEMENT OFFICER: The town will purchase a new vehicle for the code enforcement officer. The Jeep that is currently being used was paid for jointly by the water district and code enforcement budget. Once a new vehicle is procured, the Jeep will be used by the water district as that truck is in need of replacement. RESOLUTION 2014-71: BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes the Supervisor to purchase a vehicle with a cost not to exceed $25,000 for use by the Zoning and Code Enforcement Officers. Moved: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Kemess nay Mr. Goldman aye Mr. Hertzler aye Vote: 4-0 Date Adopted: 3/11/14 OTHER: Seconded: Mr. Kerness RESOLUTION 2014-72: BE IT RESOLVED that the Town Board authorizes the Town Supervisor for the Town of Ulysses to sign the annual contract with the Cornell Cooperative Extension for youth services provided through the Trumansburg-Ulysses Joint Youth Commission. Moved: Ms. Thomas Seconded: Mr. Goldman 7 Ms. Thomas aye Ms. Zahler aye Mr. Kerness aye Mr. Goldman aye Mr. Hertzler aye Vote: 5-0 Date Adopted: 3/11/14 RESOLUTION 2014-73: BE IT RESOLVED that the Town Board authorizes the Town Supervisor for the Town of Ulysses to sign the annual contract with Tompkins County Soil and Water Conservation Service to provide stormwater management for professional and technical assistance. Moved: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Kerness aye Mr. Goldman aye Mr. Hertzler aye Vote: 5-0 Date Adopted: 3/11/14 NEW BUSINESS: Seconded: Mr. Goldman NEWSLETTER: Ms. Thomas passed around old newsletters for new board members to view. A new newsletter is being prepared, hopefully to be completed by March 21. REFERRAL TO PLANNING BOARD FOR PROPOSED OPEN DEVELOPMENT AREA (Town Law section 280(a)): Ms. Geldenhuys introduced the referral and gave some background on Town Law section 280a. The town must formally refer the issue to the Planning Board for review. The Planning Board will then offer a recommendation for the Town Board, who will then take action, possibly by declaring all lots served by that road to be an Open Development Area. Someone has an offer to buy a property that is contingent on the requirement that the Town Board designate the area as an Open Development Area. Someone else already owns a piece of property and wants to build on it but cannot without this designation. Mr. Kerness is concerned about emergency vehicle access. Ms. Geldenhuys states that the responsibility for road maintenance will be shared among all users. N. Mr. Gordon, the applicant, shared that the fire department feels that there is adequate access. Ms. Kiley has official letter from the Trumansburg fire chief stating as much, along with a letter from Jim Proctor who is contracted by the property owners to do road maintenance. The residents concerned with this decision would like the process to be expedited. Mr. Hertzler excused himself at 9:35pm. REFERRAL TO PLANNING BOARD FOR PROPOSED OPEN DEVELOPMENT AREA (Town Law section 280(a)): RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ULYSSES REFERRING THE PROPOSED ESTABLISHMENT OF AN OPEN DEVELOPMENT AREA PURSUANT TO TOWN LAW SECTION 280-a(4) TO THE PLANNING BOARD FOR ADVICE RESOLUTION 2014-74: WHEREAS, the Town of Ulysses Board of Zoning Appeals adopted a resolution on March 5, 2014, referring the following question to the Town Board: Whether an open development area should be established pursuant to Town Law section 280-a(4) for Town of Ulysses tax parcel number ("TPN") 18.-1-5.1 and 18.-1-5.2; and WHEREAS, access from Taughannock Boulevard to TPN 18.-1-5.1 and 18.4-5.2 is via a right of way across the lands of an adjacent property owner; and WHEREAS, the same right of way and the driveway located therein also provides access from Taughannock Boulevard to TPN 18.-1-2, 18.-1-3 and 18.-1-4, and it would be in the best interest of the Town and the owners of these parcels to consider all parcels served by the same right of way for inclusion in a proposed open development area; and WHEREAS, Town Law section 280-a(4) requires that the Town Board refer the matter to the Planning Board for its advice; NOW, THEREFORE, BE IT RESOLVED that the Town Board will consider establishment of an open development area pursuant to Town Law §280-a(4), to include the following properties: TPN 18.4-5.1, 18.-1-5.2,18.-1-2, 18.4-3 and 18.4-4 ; and be it further RESOLVED that the Town Board hereby refers the proposed establishment of an open development area as described above to the Town of Ulysses Planning Board for advice, as required by Town Law §280-a(4); and be it further RESOLVED that the Town Board hereby directs the Planning Board to provide its advice to the Town Board in a written report; and that the Planning Board include any proposed conditions for an open development area in its report. Moved: Ms. Thomas Seconded: Ms. Zahler Discussion: Mr. Kerness would like a letter from EMS saying that they will provide service to that road in the event of an emergency. 0J Ms. Kiley will contact Brian Snyder, EMS manager, to get confirmation. Ms. Thomas aye Ms. Zahler aye Mr. Kerness aye Mr. Goldman aye Mr. Hertzler aye Vote: 5-0 Date Adopted: 3/11/14 (THE BOARD RECESSED FROM 9:42-9:49PM). PROVIDING COMMENTS ON AND RECOMMENDING IMPORTANT REVISIONS TO THE 2014 DRAFT NEW YORK STATE ENERGY PLAN: RESOLUTION 2014-75: WHEREAS, the 2014 Draft New York State Energy Plan (Draft Plan), which sets forth a vision for New York's energy future, was released for public comment on January 7, 2014, with a revised deadline for comments on April 30, 2014, and WHEREAS, the Town of Ulysses agrees with the statement in the Introduction to the Draft Plan, "The boldness of our solutions should match the magnitude of our challenges," and applauds the Governor's new initiatives on renewable energy and clean technology, in particular the State's reaffirmation of its commitment to an 80% reduction in greenhouse gas emissions by 2050, with an interim goal of a 50% reduction by 2030, and WHEREAS, public policy decisions taken to implement the Draft Plan in the coming years will to a large degree determine whether or not New York State reaches these goals, and WHEREAS, success in meeting these goals will require specific measurable targets for transitioning to renewable energy sources and reducing greenhouse gas emissions that are tied to specific actions across all sectors to achieve these targets, and WHEREAS, such targets and actions are not currently included in the Draft Plan, and WHEREAS, the Regional Sustainability Plans developed for all ten regions of New York State in 2013 under the Governor's Cleaner Greener Communities program required each region to develop such measurable targets and specific actions that could be undertaken within the regions to achieve those targets, and WHEREAS, an example of such a target from the Southern Tier Regional Sustainability Plan is to reduce on-site building fuel and electricity consumption by 10% in residential and commercial sectors and 7.5% in the industrial sector within the next 5 years, and an example of such an action to achieve that target is to facilitate use of combined heat and power in private development projects and public facilities, and WHEREAS, many actions needed to reach the State's greenhouse gas emission reduction 10 goals can only be undertaken at the State level, now therefore be it RESOLVED, That the Town of Ulysses calls upon the Governor, NYSERDA, and the State Legislature to revise the Draft Energy Plan to include specific measurable targets to transition to a renewable energy future, in particular those specified in the attached list, including specific actions that need to be undertaken across all sectors to meet the State's goals for greenhouse gas reductions by 2030 and 2050, RESOLVED, further, That the projected energy mix for New York State in the plan should reflect these targets, actions and greenhouse gas emission reduction goals, RESOLVED, further, That copies of this resolution shall be sent to the Chair of the New York State Energy Planning Board; John B. Rhodes, NYSERDA President and CEO; Governor Andrew Cuomo; Senator Dean Skelos and Senator Jeffrey Klein, Senate Republican Conference Majority Leaders; Senator Andrea Stewart -Cousins, Senate Democratic Conference Leader; Assemblyman Sheldon Silver, Majority Leader; Assemblyman Brian Kolb, Assembly Minority Leader; Audrey Zibelman, Chair, New York State Public Service Commission; Senator George D. Maziarz, Chair of the Senate Energy and Telecommunications Committee; Assemblywoman Amy Paulin, Chair of the Assembly Energy Committee, Senator James Seward; Senator Michael Nozzolio; Senator Thomas O'Mara; and Assemblywoman Barbara Lifton. SEQR ACTION: TYPE II -20 Attachment to Resolution No. 14664 A from the Town of Ulysses: Providing Comments on and Recommending Important Revisions to the 2014 Draft New York State Energy Plan Draft Plan Elements Supported by Town of Ulysses: • The Town of Ulysses applauds the commitment to an 80% reduction in greenhouse gas emissions by 2050, with an interim goal of a 50% reduction by 2030 as the most important element. • Emphasis on building resiliency to the impacts of climate change. • Initiative to expand microgrids and distributed energy. • Initiatives to transition to renewable energy sources. • NYSERDA initiatives to provide assistance to communities to integrate and cross-reference land use, smart growth and transportation capital projects for consistent outcomes. Challenges for the Town of Ulysses and other New York State Municipalities: • Residents and businesses have experienced and suffered from recent weather events at cost to NYS and local taxpayers for recovery. We anticipate greater expense due to such events in the coming years. • Communities across the state will experience economic and social impacts from changes and uncertainties in the energy supply mix and price structures for existing and new sources of energy without advance planning for required transitions. Revisions Suggested to the Final Energy Plan 11 • Specific measures must be included to implement the Community Transitions Program established as part of the NYS Energy Highway Blueprint. Any plan meant to establish "bold solutions" to new challenges must meet those challenges with new solutions by making sure that new opportunities and incentives are available in the communities that have built their employment and tax base on the older technologies; renewable technology incentives should be offered to companies to build in those communities formerly housing fossil fueled or nuclear fueled plants. • Establish a clear path to achieve stated goals, most importantly by establishing specific state interim targets. For example, projections for electricity on page 59 of Volume II: Sources indicates an electrical energy generation mix of 40% natural gas by 2030 but only 5.5% non - hydro renewable generation by that same date. Greenhouse gas emissions goals cannot be achieved through that energy mix and a projection showing an energy mix that would achieve the State's goals should be included in the Plan. • Technology exists to meet forecasted demand through tougher building standard and energy efficiency methods. NYS should use its authority to require new buildings to achieve net -zero energy use by a specific target date. • Tompkins County, the home of Cornell University, is the home of state-of-the-art research demonstrating the potential energy generating capacity using currently available sources of renewable energy, such as those provided by researchers Jacobson, Howarth et. al. (Energy Policy 57, 2013) and Morris et. al. (Pace Law School Climate and Energy Center, New York's Renewable Portfolio Standard: Where To From Here? In addition, New York State has the opportunity to benefit from relevant ideas and analysis contained in the work of knowledgeable and reputable non -New York Groups such as Union of Concerned Scientists (UCS), multi - university peer-reviewed studies, and United States National Academy of Sciences reports, all of whose work is directly related to and even includes specifics about New York State's possible energy futures. Policy and practice changes should be specified to incorporate these findings into the Final Plan. • Include a greater level of detail about reductions in demand that could be achieved through energy efficiency improvements and demand -response requirements. • Tompkins County is also the home of state-of-the-art research regarding the contribution of methane (CH4) and other greenhouse gases to climate problems, especially on a 20-30 year time horizon. The plan should address the risk from methane emissions in addition to those included in the Draft Plan regarding the negative impacts of carbon dioxide (CO2) on the longer time frame. • Increasing NYS reliance on natural gas and policy support promoting a substantial build -out of natural gas infrastructure will inhibit the chances for successful achievement of the overall goal. New York should instead be investing more in clean, renewable energies, such as solar, wind, tidal, and geothermal to achieve a transition to a safer, cleaner energy future. Establish interim targets with reductions every five years and include specific activities to promote continuous action to reduce greenhouse gas emissions. • Establish defined targets for clean vehicular transportation to achieve and surpass the Zero Emissions Vehicle memorandum of understanding recently signed by Governor Cuomo with seven other states. • The Draft Plan emphasizes market-based solutions to our energy transition. We believe that a balanced approach that includes implementation of regulations or tax policies aimed at penalizing polluting energy sources and encouraging efficiency and renewable energy will be necessary to dramatically change the market in favor of renewable energy and efficiency in 12 time to meet the State's greenhouse gas reduction goals; this complementary approach should be incorporated in the Final Plan. Moved: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Kerness aye Mr. Goldman aye Mr. Hertzler absent Vote: 4-0 Date Adopted: 3/11/14 Seconded: Mr. Kerness NOTE: Although Mr. Hertzler was absent for this vote, he wishes the record to reflect that he attended a special presentation sponsored by the County regarding the rewriting this plan, and very much supports the resolution. RESOLUTION REQUESTING AN EXTENSION ON NYS MORATORIUM ON HYDROFRACKING: Resolution to Continue the Moratorium on High -Volume Hydraulic Fracturing and to Advance a Renewable Energy Economy in New York State RESOLUTION 2014-76: WHEREAS, New York State has historically led the nation in matters of advancing social progress, including the abolition of slavery, women's suffrage, civil rights and environmental stewardship; and WHEREAS, scientific evidence shows that the heavy industrial process of unconventional gas extraction by hydraulic fracturing poses serious risk of water contamination""""'', air pollution"'"", and health impactsvl""; and WHEREAS, the New York State Medical Society, representing 30,000 medical experts, the American Academy of Pediatrics of New York, the American Lung Association of New York and many independent medical experts and scientists have called on Governor Andrew Cuomo and the New York State legislature to continue New York's moratorium on hydraulic fracturing and to conduct further health studies including a comprehensive health impact assessment"; and WHEREAS, serious concerns over water contamination arise based on data from Pennsylvania and the gas industry on well casing integrity showing an initial 5% or higher failure rate"' and as much as 50% or more over 30 yearsx"; and WHEREAS, high-volume hydraulic fracturing threatens to negatively impact property values""ix'", disrupt municipal tax -bases and could effectively create an additional unfunded state mandate — as has been raised by the New York State Association of Counties"° - by imposing costs and strains on municipalities such as road damage' and increased demands on municipal services, etc.; and 13 WHEREAS, research on the economic and social impacts of hydraulic fracturing raises concerns regarding increased crime rates""""' and hazards for first responders, as well as an influx of workersx" who send their paychecks out-of-state while raising local rental housing prices and disrupting existing businesses and economies; and WHEREAS, in addition to emissions of carbon dioxide and other heat -trapping gases associated with gas development activities, hydraulic fracturing gas development releases methane in the atmosphere, which is at least 72 times more potent in the atmosphere than carbon dioxide on a 20 -year timescale and 25 times on a 100 -year timescale', thereby making the process potentially disastrous for climate change""'; and WHEREAS, New York communities have been significantly affected by the impacts of Hurricanes Irene and Sandy as well as lesser storms including Tropical Storm Lee, extreme weather events that are connected to/exacerbated by climate change due to increases in heat - trapping gases in the atmosphereXX11, costing New Yorkers tens of billions of dollars in damages and lost business opportunities"""'; and WHEREAS, significant action is necessary to address climate change, action which the federal government has to date failed to take, including energy conservation and advancing a clean energy infrastructure and making a significant economic transition to renewable sources; and WHEREAS, we need to expand local employment opportunities in our communities and for our young people in sustainable, safe long-term jobs and careers, and invest in industries that will create jobs for decades to come - in contrast to reliance on the "boom to bust" economic cycle associated with extraction of non-renewable resources"""'""°; and WHEREAS, expansion of renewable energy and energy efficiency present the opportunity to create a significant number of jobs for New Yorkers and for New York State" to lead the nation on a visionary energy policy that will protect our water, air, land and public health while developing climate solutions; and WHEREAS, Governor Cuomo's Administration has already demonstrated significant leadership on innovative clean energy programs including the investment of $1.5 billion in New York Sun"', opening 360 electric vehicle charging stations that will be available for both public and county fleet vehicles'iii, establishing the successful Regional Economic Development Councils, and creating the innovative Start -Up NY; and WHEREAS, the Town of Ulysses will work with Governor Cuomo and New York State Agencies as is most effective to implement existing renewable energy and efficiency programs as well as to partner on economic development initiatives including the New York State Regional Economic Development Councils and the Start -Up NY as vehicles to catalyze investment and jobs programs; NOW THEREFORE BE IT RESOLVED that the Town of Ulysses urges Governor Cuomo, and the New York State agencies which he leads, to take swift action in developing and adopting an economic development plan that will significantly reduce the state's greenhouse gas emissions as well as rapidly create and deploy renewable energy and energy efficiency programs throughout municipalities in New York State; 14 And that the Town of Ulysses stands ready to work with the Governor to achieve these goals that will in the process create safe, sustainable jobs for New Yorkers and pioneer the path forward for the nation to solve the climate crisis and provide real, clean energy solutions for generations to come. Moved: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Kerness aye Mr. Goldman aye Mr. Hertzler absent Vote: 4-0 Date Adopted: 3/11/14 Seconded: Mr. Goldman (NOTE: Please refer to the appendix following these minutes for references cited in the resolution). REZONING REQUEST AND ZONING REVISION FOR OFFICE AND TECHNOLOGY MIXED —USE AREA: (Mr. Hertzler returned at 9:56pm.) PLANNING BOARD RESOLUTION RECOMMENDING REZONING FOR A PORTION OF 1607 TRUMANSBURG RD. 3/4/14 Motion by Mr. Wertis, seconded by Ms. Adams Whereas, the property at 1607 Trumansburg Rd, Town of Ulysses Tax Parcel Number 33.4- 8.12, is split between two Zoning Districts: the eastern portion is R2 -Moderate Density Residence District and the western portion is IL -Light Industrial District; and Whereas, James Curran, property owner of 1607 Trumansburg Rd, Town of Ulysses Tax Parcel Number 33.4-8.12, has requested a rezoning for the eastern portion of his property from R2 - Moderate Density Residence District to IL -Light Industrial District; and Whereas, the Town of Ulysses Zoning Law Section 3.5 includes procedures for requests for rezoning; and Whereas, on January 28, 2014, the Town Board found merit in the rezoning request for the eastern portion of Tax Parcel Number 33.-1-8.12 and referred the proposal to the Planning Board for review and recommendation; and Whereas, the 2009 Town of Ulysses Comprehensive Plan Future Land Use Plan includes this area in the Office and Technology Mixed Use Area; and 15 Whereas, the Town Board has not updated the Zoning Law to reflect the goals of the Comprehensive Plan and the proposed zoning change before the board would potentially impact to goals of the Comprehensive Plan; Be it hereby resolved that the Town of Ulysses Planning Board recommends that the Town Board NOT approve the rezoning request for the eastern portion of Tax Parcel Number 33.-1- 8.12 from R2 -Moderate Density Residence District to IL -Light Industrial District; Be it also resolved that the Planning Board requests that the Town Board prioritize the zoning revisions to reflect the Future Land Use Plan of the Town of Ulysses Comprehensive Plan. VOTE: Ms. Adams AYE Mr. Beames AYE Mr. Cutler AYE Mr. Hawkes AYE Mr. Rice AYE Ms. Schneider AYE Mr. Wertis AYE Motion passes. RESOLUTION 2014-77: Regarding Rezoning Request for 1607 Trumansburg Rd WHEREAS, James Curran, Property owner of 1607 Trumansburg Rd, Town of Ulysses Tax Parcel Number 33.-1-8.12, has requested a zoning change for the eastern portion of his property from R2 -Moderate Density Residence District to IL -Light Industrial District; and WHEREAS, the Town of Ulysses Zoning Law Section 3.5 includes procedures for requests for rezoning; and WHEREAS, the Town Board passed a resolution on January 28, 2014 referring the rezoning request to the Planning Board; and WHEREAS, the Planning Board discussed the request on February 4, February 18, and March 4, 2014, and passed a resolution recommending that the Town Board not approve the request because the zoning law does not reflect the goals of the Comprehensive Plan and the proposed zoning change could potentially impact the goals of the Comprehensive Plan; and WHEREAS, the Planning Board's March 4, 2014 resolution also requested that the Town Board prioritize the zoning revisions to reflect the Future Land Use Plan of the Town of Ulysses Comprehensive Plan; and WHEREAS, the 2009 Town of Ulysses Comprehensive Plan Future Land Use Plan includes this area around Krums Corners in the Office and Technology Mixed Use Area; and WHEREAS, the Planning Board began working on creating the language for the Office and Technology Mixed Use District in 2011, the PB then worked on other issues, and now the PB would like to continue the work; and 16 WHEREAS, the Town is aware of an upcoming rezoning or development district request in the vicinity of Krum Corners; BE IT HEREBY RESOLVED that the Town of Ulysses Town Board denies the request for rezoning for the eastern portion of 1607 Trumansburg Rd, Town of Ulysses Tax Parcel Number 33.-1-8.12, from R2 -Moderate Density Residence District to IL -Light Industrial District; BE IT ALSO RESOLVED that the Town Board will not consider other requests in the area around Krum Corners until the Zoning Law is amended to include the goals of the Comprehensive Plan for the Office and Technology Mixed Use Area; BE IT ALSO RESOLVED that the Town Board requests that the Planning Board continue work on the zoning language and boundaries of the Office and Technology Mixed Use Area as outlined in the 2009 Comprehensive Plan. Moved: Ms. Thomas Ms. Thomas aye Ms. Zahler aye Mr. Kerness aye Mr. Goldman nay Mr. Hertzler abstain Vote: 3-0 Date Adopted: 3/11/14 STATE OF THE TOWN: Seconded: Mr. Kerness Ms. Zahler submitted a draft plan for the "state of the town" event. The board agrees that Ms. Zahler should continue moving ahead with the plans. The group agrees to set a date of Saturday, April 12, from 9am-12noon at the Ulysses Historical Society. Specific topics/details will be worked out at a later date. RESOLUTION AUTHORIZING PURCHASE OF TRUCKS FOR THE HIGHWAY DEPARTMENT: (Item tabled; will go on the next agenda) OTHER: The group decided to go ahead with the 3/25/14 meeting even though Ms. Thomas will be absent. A special meeting dedicated to health insurance was scheduled for Wednesday, April 2 at 6pm. PRIVILEGE OF THE FLOOR #2: (No speakers present nor comments submitted for this portion) ADJOURN: A motion to adjourn the meeting at 10:31pm was made by Mr. Goldman and seconded by Mr. Kerness. 17 APPENDIX: PRIVILEGE OF THE FLOOR #1: Diane Hillmann: • A JCA (Jacksonville Community Association) meeting has been scheduled for March 27 at 7 pm in the church. • Did receive information back from the state for their Seven to Save program; they did not receive any funds. Ms. Hillmann is working with Historic Ithaca to see about any other funds. • Men from an engineering firm contracted by Exxon/Mobil were noticed at the church. Ms. Hillmann was not allowed to enter but was able to take a peek and see that things don't look too bad except for the southwest wall, which is getting worse. She spoke to the men about the importance of the church historically and to the community, and they seemed to listen. WATER COUNCIL REPORT: (Submitted by Mr. George) Summary of the Tompkins County Water Resources Council Activities In 2012 - 2013 prepared for the Ulysses Town Board by Bill George, Town Representative 3/11/14 Page 1 of 3 The Tompkins County Water Resources Council (WRC) advises the Tompkins County Legislature on matters related to water resources management and planning, and is charged with identifying problems, proposing priorities, and promoting the coordination of activities in the management and protection of the County's water resources. The WRC provides a public forum for local communities and stakeholder groups to address and discuss their water resources concerns, and it is the intent of the group to coordinate the water resources -related efforts of local governments, public and private institutions, and agencies and organizations throughout the County. Water Resources Council meetings frequently include presentations by guests. They welcome visitors! Residents of Tompkins County are invited to attend meetings of the WRC (and apply for WRC membership). The Water Resources Council meets the third Monday of each month from 4:15 to 6:00 PM at the TCAT Transit Center. The following presentations occurred in 2012: February — USGS's New Applications for Mapping Bathymetry and Velocity with Applications for Flood Inundation, Habitat, and Reservoir Capacity April — Geohydrology, Water Quality, and Simulation of Groundwater Flow in the Stratified drift Aquifer System in Virgil Creek and Dryden Lake Valleys, Town of Dryden June — 2011 Storm Damage Report July — Finger Lakes Museum November — DEC Wetlands Delineation The following presentations occurred in 2013. May — SPDES Permit Annual Report Public Hearing. Angel Hinickle, Tompkins County Soil & Water Conservation District, was present to provide information and answer questions -I Bulleted items throughout give highlights of activities of the WRC from the WRC Homepage. Gas Drilling ad hoc Committee The Gas Drilling Ad Hoc Committee was formed in the late fall of 2012 to review and comment on the revised NYSDEC gas drilling regulations. Highlights: ❑ WRC letter to Governor Cuomo concerning revised proposed regulations for horizontal gas drilling issues that were outside the scope of the DEC comment period. Posted February 7, 2013. WRC sends DEC comments on the revised proposed regulations for horizontal gas drilling. Posted January 11, 2013. WRC sends DEC comments on the proposed regulations for horizontal gas drilling. Posted January 4, 2012. 0 WRC shares its final comments to DEC on the draft supplemental Generic Environmental Impact Statement on horizontal gas drilling. Posted December 5, 2011. The Education Committee The Education Committee participated in activities of the Outreach Group of the Hydrilla Task Force. It continues to add pertinent information to the WRC web site. Links to up-to-date information on the progress in the fight against hydrilla in the Cayuga Inlet can be found at the StopHydrilla.org website. The consensus seems to be that eradication is still feasible. However, new sites are a 15 -mile section Tonowanda Creek/Erie Canal, and some ponds in Broome County that are considered. A risk is for hydrilla being spread back to our area from other sites. Multiple treatments were conducted during 2012, 2013 and should be again in 2014 and probably for 5 - 10 years. Up-to-date progress in the fight against hydrilla in Cayuga Inlet: Hydrilla Verticillata New York State's new law to prevent the spread of invasive species (7/27/2012): http:Hwww.governor.ny.gov/press/07242012-protection-from-invasive-species Summary of the Tompkins County Water Resources Council Activities In 2012 - 2013 prepared for the Ulysses Town Board by Bill George, Town Representative 3/11/14 Page 2 of 3 Tompkins County's new law to prevent the spread of aquatic invasive species (7/17/2012): http://www.tompkins-co.org/detail.aspx?ContentlD=2047 The Education Committee is also working on public education outreach for the South End of Cayuga Lake impairment/Phosphorus/TMDL/Lake Source Cooling (LSC) issue, and will also do public education outreach for arsenic in well water when the information compiled by the Aquifer Committee. South End of Cayuga Lake, Its Listing as an Impaired Water Body, Phosphorus, Sediment & Pathogens— Threshold Mean Daily Limit (TMDL), Swimming at Stewart Park, & Lake Source Cooling (LSC) permit The south end of Cayuga Lake is listed by the DEC as impaired by phosphorus, silt/sediment and pathogens. The focus of the proposed TMDL is phosphorus. Jeff Myers (DEC), he thought not much data went into the 303(d) listing, and new data might get it delisted. It was felt the meeting had productive and open discussion. SWCD expressed concern for local agriculture if this leads to TMDL. Liz Cameron restated for the Health Department that swimming was never an appropriate use at Stewart Park. The DEC has had and will continue have informational meetings. The LSC permit is the manifestation of a commitment by Cornell University to fund a study of Cayuga Lake to assist DEC with TMDL development. Reasons for DEC's approach to the draft permit, i.e. the study: DEC remains uncertain that focusing solely on the LSC discharge will resolve the water quality problems in Cayuga Lake. Water quality impacts in the lake predate LSC. Also, this is a great opportunity to do a TMDL [study] for the south end of the lake. The NYSDEC noted in December 2013 they are preparing the TMDL for phosphorus only (not sedimentation or pathogens), and is likely to look at only soluble reactive phosphorus. F1 WRC comments to DEC on proposed modified SPDES permit for Cornell University Lake Source Cooling. Posted February 7, 2013. F1 WRC comments to US Environmental Protection Agency and DEC on possibility of Total Maximum Daily Loads for Cayuga Lake. Posted February 7, 2013. If interested in the issue and process in detail recommend reading the Cayuga Lake Modeling Project Updates in the WRC monthly meeting minutes available on their website. WRC Cayuga Lake Monitoring Partnership/Committee The Cayuga Lake Monitoring Partnership was originally formed to develop a plan for tracking water quality in the southern end of Cayuga Lake. Since the creation of that plan (in 2008), the Monitoring Partnership has expanded its mission to become a forum where agencies and organizations that monitor the health of Cayuga Lake meet regularly to share the results of their work and to explore ways to improve and expand monitoring efforts. In addition to members of the Water Resources Council, the Cayuga Lake Monitoring Partnership includes representatives of Cornell University's Lake Source Cooling monitoring team, Cayuga Lake Watershed Network, Community Science Institute, Finger Lakes Institute, Floating Classroom, Ithaca Area 19 Wastewater Treatment Plant, and several researchers from Cornell University. Other parties involved in the overall effort are the DEC, Upstate Freshwater Institute, Town and City of Ithaca. Current tasks involve the Cayuga Lake Modeling Project http://www.dec.ny.gov/lands/88250.html#TMDL. Monitoring (water sampling) started in April, 2013. Results are posted on the Upstate Freshwater Institute, DEC and Cornell websites. AdHoc Committee on Lake Source Cooling Permit and Total Maximum Daily Load (Phosphorus 8 Sediment) In the fall of 2012, DEC put out for public comment a proposed permit for the LSC facility that includes a more holistic approach to monitoring and the possible development of a TMDL for the south end of Cayuga Lake. Summary of the Tompkins County Water Resources Council Activities In 2012 - 2013 prepared for the Ulysses Town Board by Bill George, Town Representative 3/11/14 Page 3 of 3 Streams The Streams Committee concentrated its efforts during 2012 on the re-establishment of two USGS gaging stations. Re-establishment of the Inlet Creek gaging station was urged and was accomplished at a new site at the fish ladder at the south end of the Inlet. Funding was in association with the Hydrilla eradication program. The Committee also drafted a letter to the Town of Lansing urging funding for the re-establishment of the Salmon Creek gaging station. This effort became moot when these funds became available through the Cornell -DEC Cayuga Lake Watershed Modeling Project, part of the Lake Source Cooling permit renewal process. Reports and discussion of storm water damage- Six Mile Creek, Enfield Creek The Streams Committee is working on studying chloride content in streams and the lake. The City has only been interested in sodium from a health viewpoint. Wetlands Committee The full WRC approved the sample wetlands protection local law that was drafted by the Wetlands Committee. In order to inform municipalities that the sample law is available, a presentation was made to the Tompkins County Council of Governments. In addition to the sample law, other wetland resources are now available on the committee webpage. These resources include information on the State and federal mapping and regulatory programs, wetland organizations, and local wetlands of regional/national significance. The committee began discussions on how to use relatively new data to map wetlands that are not currently mapped by the State or federal governments. In 2013, the committee worked to access funding for work with a local GIS consultant to perform a pilot study in Tompkins County. There is now a signed agreement in place between the Cayuga Lake Watershed Network and Nicholas Hollingshead to undertake a pilot wetlands mapping project in Dryden. u WRC provides Sample Local Law on Wetlands, Watercourse, and Water Body Protection. Posted May 22, 2012. Aquifer Committee In 2012, the Aquifer Committee investigated arsenic (As) in groundwater in Tompkins County. The county's largest groundwater user, the Village of Dryden, has one well that has been exceeding the NYS drinking -water limit over the last couple years. The Committee looked at results from wells that tap similar aquifers at 100 sites during 2000-2012. Elevated arsenic concentrations were detected in 8 percent of sample sites. Information is Aquifer study USGS funds are available on a year-to-year basis, on a first come first served. Cayuga Lake Blueway Trail In 2012 Tompkins, Seneca and Cayuga County Planning Departments were awarded a NYS Department of State Local Waterfront Revitalization Program to develop a master plan for the Cayuga Lake Blueway Trail (CLBT) for non -motorized paddlecraft traveling to access local businesses, recreation, and the beauty of the Finger Lakes region. The project will create a data -base of existing conditions for boaters; assess regional assets and identify gaps; propose locations and develop preliminary concepts for access points and launch sites; assess the trail's overall tourism potential; and develop marketing and outreach strategy. The master plan was be completed in the summer of 2013. Dredging of Cayuga Inlet 20 Dredging did not occur in 2013. Cost estimates were very high. Revision of WRC Bylaws REFERENCES CITED IN RESOLUTION 2014-76; Requesting an Extension on NYS Moratorium on Hydrofracking: i Christopher Crockett, "Methane in Pennsylvania Groundwater May Originate in Fracked Gas Wells," Scientific American (June 28, 2013), Available <htti)://www.scientificamerican.com/article.cfm?id= methane-in-pennsylvania-duke-study>. iiStephenG. Osborn, Avner Vengosh, Nathaniel R. Warner, and Robert B. Jackson. "Methane Contamination of Drinking Water Accompanying Gas -well Drilling and Hydraulic Fracturing." Proceedings of the National Academy of Sciences of the United States of America. N.p., n.d. Web. <http://www.nicholas.duke.edu/hydrofracking/Osborn%20et%20a1%20%2OHydrofracking%202011.pdf> iii Legere, Laura. "Sunday Times Review of DEP Drilling Records Reveals Water Damage, Murky Testing Methods." Thetimes-tribune.com. The Times -Tribune, 19 May 2013. 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