Loading...
HomeMy WebLinkAbout2019-11-26-FINAL-minutes-with SEQRTOWN BOARD MEETING Town of Ulysses November 26, 2019 Audio of the minutes are available on the website at ulysses.ny.us. The meeting was held at the Ulysses Town Hall at 10 Elm Street, Trumansburg. Notice of Town Board meetings are posted on the Town’s website and Clerk’s board. ATTENDANCE: TOWN OFFICIALS PRESENT: Supervisor- Liz Thomas Board members- Nancy Zahler, Richard Goldman, Michael Boggs Town Clerk- Carissa Parlato Project Assistant- Michelle Wright Attorney for the Town- Khandi Sokoni Environmental Planner- John Zepko OTHERS PRESENT: Roxanne Marino, Peter Houghton, Tim Fallon, Karen Meador ABSENT: Board member- John Hertzler CALL TO ORDER: Ms. Thomas called the meeting to order at 7pm. APPROVAL OF MEETING AGENDA RESOLUTION 2019-199: APPROVAL OF MEETING AGENDA BE IT RESOLVED that the Ulysses Town Board approve the agenda for November 26, 2019 with the addition of an Executive Session at the beginning of the meeting for the advice of counsel; an Executive Session at the end of the meeting for the promotion of a particular person; and deletion of item #6c (will move to the 12/10 meeting agenda). Moved: Ms. Thomas Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 11/26/19 2 EXECUTIVE SESSION: Ms. Thomas moved to go into Executive Session at 7:02pm for the purpose of advice of counsel. This was seconded by Ms. Zahler and passed unanimously. The board returned from Executive Session at 7:42pm. PRIVILEGE OF THE FLOOR: Mr. Houghton expressed his concern to the proposed zoning law regarding the 2000 sq ft restriction on buildings on the lakeshore district. He feels that the additions came without any public awareness. He just learned that the Planning Board recommended this but with a 6000 sq. ft. limit. The planning officer debunked the environmental concern. Others think it just a good idea but this isn’t valid. This is an irrational abridgement of resident’s rights. The board must demonstrate a sound basis that this is for the greater good of whole town. It is arbitrary & capricious. Ms. Meador of Taughannock Blvd. agrees with Mr. Houghton. She appreciates the board’s work, but it is arbitrary. A small home built without environmental foresight could be more damaging than a larger home. Her current home has plantings, a green roof, sewage far from water, runoff redirected. She urges the board to remove the restriction and believes that it is in the interest of all for promoting the tax base. If kept in, it will discourage small businesses. Mr. Fallon stated that the Lakeshore & Conservation code was extensively debated in 2013 and ended with a 5% lot coverage area. He resents this last minute addition of 2000 sq. ft. It began with 6000 sq. ft. in April 2019. The 5% is sufficient. This addition of 2000 is not listed in the summaries on website, or in paragraph N of section 212-47 or I of the Conservation District section. Fairness and consideration of the board is appreciated in decision making. Ms. Marino thinks the board should reword the local law resolution to reflect that they chose not to apply the philosophies of the guiding documents. The current document does not follow the recommendations of the Zoning Update Steering Committee (ZUSC) so that isn’t correct in the resolution. The board chose not to look at many of the comments regarding ag rural and not reducing the development. The future land use map was changed but doesn’t seem in line the with comp plan. She appreciates the board’s efforts. GENERAL REPORTS: Ms. Zahler shared that applications are being accepted for Recreation Director position. Ms. Thomas shared that various water quality committees are working on a water quality planner for the county to help work on water issues. She had a productive meeting with Bolton Point to discuss watershed rules and regulations. The group is connecting with Cayuga County who has created a management plan for Owasco Lake. OLD BUSINESS: 3 PROPOSED ZONING LOCAL LAW Ms. Thomas stated that the board spent time last night going through comments on the proposed law that were received from NYS Ag & Markets and the Tompkins County 239 review. She asked the board whether they wanted to discuss additional comments received from the public hearing. Mr. Chang’s comment regarding reducing primary buildings to one is not accurate as 3 allowed. The board declined discussing this further. With regard to Mr. Wertis’ comments on wetlands and buffers, Ms. Thomas agrees that the sections could be updated but would take careful consideration and time. Ms. Zahler suggested that the town ask the county planning department if they could adapt the map to include all the resources/creeks, etc… Ms. Thomas reiterated that TC Planning has offered to help and this would be a great task. Regarding comment from Ms. Thompson, Ms. Thomas stated that the group had tried to clarify corner lots but it may not have been clear enough. Ms. Thompson’s other comments relate to spelling and can be amended without being substantive. Ms. Sokoni advised caution on this by noting that even adding simple words like “and” can be a big change. With regard to Ms. Thompson’s comment on septic systems, Ms. Thomas noted that it has already been discussed. Ms. Zahler agreed with Ms. Thompson’s concern regarding subdividing and whether the 1 acre lot size is sufficient for septic and wells. Ms. Zahler thanked Ms. Marino and the Conservation and Sustainability Advisory Committee for generating the comments and research on CAFO/manure management standards. Ms.Thomas concurs with Ms. Marino on the lack of land preservation in this document and also appreciates the work of CSAC on CAFO language and solar glare. She hopes that in the future the board will work more on land preservation. Ms. Thomas asked the board whether they wanted to take action on the zoning law this evening. All agreed that they did not want to. She asked whether they wanted to take action on the SEQR. The board discussed this. Mr. Zepko described parts 1, 2, and 3 of the SEQR. Since the SEQR is in reference to a law only and not an action, there are no actual physical impacts. Ms. Sokoni explained that if the board makes any substantive changes to the proposed law, they will need to do the SEQR again. MOTION TO PROCEED WITH SEQR: 4 Mr. Boggs made a motion to proceed with the SEQR. This was seconded by Ms. Thomas and passed unanimously. SEQR DECLARATION RESOLUTION 2019-200: SEQRA NEGATIVE DECLARATION OF SIGNIFICANCE FOR THE ADOPTION OF LOCAL LAW # __ OF 20--__, A LOCAL LAW REPEALING IN ITS ENTIRETY THE TOWN OF ULYSSES ZONING LAW AS ADOPTED BY LOCAL LAW NUMBER 3 OF 2013 AMENDED FROM TIME TO TIME, AND CODIFIED AS CHAPTER 212 OF THE LAWS OF THE TOWN OF ULYSSES AND ITS PLACE ADOPTING A NEW ZONING LAW WHEREAS, the Town Board of the Town of Ulysses (hereafter “Town Board”) finds it necessary to repeal in its entirety the current Ulysses Zoning Law adopted by Local Law Number 3 of 2013 and amended from time, to time, and codified as Chapter 212 of the Laws of the Town of Ulysses and its place to adopt a new Zoning Law; and WHEREAS, The Town Board has determined that the action is a Type I action under 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA), and on October 22, 2019 declared itself Lead Agency for the purpose of conducting an uncoordinated environmental review in connection with approval by the Town; and WHEREAS, The Town of Ulysses Planning Board and Zoning Update Steering Committee reviewed the draft local law at the request of the Town Board; and WHEREAS, the Town Board is the only agency charged with taking action in connection with the adoption of this Local Law, which action is purely legislative in nature; and WHEREAS, The Town Board of the Town of Ulysses, acting as the Lead agency in its uncoordinated environmental review in accordance with Article 8 of SEQRA, thoroughly reviewed the Environmental Assessment Form (“EAF”), Parts I and 2, and the Impact Analysis of the Proposed Zoning Amendments, including the findings noted therein (which findings are incorporated herein as if set forth at length-see appendix), and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the EAF, Part 3; and WHEREAS, the Town Board has compared the proposed action with the criteria for determining significance in SEQRA 6 NYCRR 617.7; NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ulysses, based upon its thorough review of the EAF, Parts 1 and 2, and the Impact Analysis of the Proposed Zoning Amendments, including the findings noted therein (which findings are incorporated herein as if set forth at length), and any and all other documents prepared and submitted with respect to this proposed action, and in comparison with the Criteria for Determining Significance found at 6 NYCRR Part 617.7, hereby makes a negative declaration of environmental significance (“Negative Declaration”) in 5 accordance with SEQR for the above referenced proposed zoning amendments and that the preparation of a Draft Environmental Impact Statement is not required; and BE IT FURTHER RESOLVED, that this determination is based on the following facts and conclusions: 1. Adoption of the Local Law will not result in any direct action or physical change to the environment. 2. Any changes to the environment that may occur from adoption of the Local Law would be indirect and result from future undertakings that would be permitted by the Local Law. 3. Adoption of the Local Law will reduce the density of residential development permitted in the Town and will likely preserve land, natural resources, and the viability of agricultural resources in the Town of Ulysses. Moved: Ms. Thomas Seconded: Mr. Boggs DISCUSSION: Mr. Goldman wants to make sure that adopting the SEQR will not have any unseen implications. Ms. Sokoni responded that it in no way indicates adoption of the zoning. Ms. Zahler wondered whether we are really reducing density as stated in #3. Ms. Thomas explained the accuracy of this. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 11/26/19 Ms. Thomas reminded the board that due to the Tompkins County 239 review, 4 votes will be needed to adopt the zoning law. She reiterated that they will not be voting tonight due to lack of comfort from board members. FIRE PROTECTION DISTRICT CONTRACT WITH THE VILLAGE OF TRUMANSBURG RESOLUTION 2019-201: APPROVING THE FIRE PROTECTION DISTRICT CONTRACT WITH THE VILLAGE OF TRUMANSBURG WHEREAS, a fire protection district known as “the Fire Protection District of the Towns of Ulysses, Hector and Covert” (hereafter referred to as “the Fire Protection District”) has been duly established in the said towns; and 6 WHEREAS, the Fire Protection District encompasses the following territory in the Town of Ulysses: All of the Town of Ulysses, excepting the area within the limits of the incorporated Village of Trumansburg; and WHEREAS, the Village of Trumansburg (hereafter referred to as “the Village”) maintains a volunteer fire department, with adequate and suitable apparatus, equipment and training for the furnishing of fire protection services within the Fire Protection District; and WHEREAS, Town Law §184 permits a town to contract with a village which maintains adequate and suitable apparatus and appliances for the furnishing of fire protection services in such fire protection district; and WHEREAS, the Town wishes to contract with the Village to provide fire protection services in the Fire Protection District; and WHEREAS, a public hearing as required by §184 of the Town Law was duly advertised on October 25, 2019, and was held on November 12, 2019 at 7:00 p.m. at the Town of Ulysses Town Hall, NOW, THEREFORE, BE IT RESOLVED THAT: The Town Board of the Town of Ulysses hereby approves and authorizes execution of the attached Agreement between the Village and the Town, whereby the Village will provide the Town with fire protection capable of responding to fire related and health related emergencies on an ongoing basis within the Fire Protection District, for the period from January 1, 2020 until December 31, 2020, and be it further RESOLVED that, pursuant to the Agreement, the Town shall pay the Village the sum of $231,759 for such services, on or before March 1, 2020; and be it further RESOLVED that, the Supervisor of the Town of Ulysses is hereby authorized to execute the Agreement on behalf of the Town of Ulysses. Moved: Ms. Thomas Seconded: Mr. Goldman DISCUSSION: Ms. Zahler noted that this motion failed at the last meeting. She made an inquiry to the village as to better tracking of reserves, as discussed at the last meeting. It was suggested the joint municipalities meet early next year before the village budget to do this. Mr. Boggs thanked Ms. Zahler for her work. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye 7 Vote: 4-0 Date Adopted: 11/26/19 NEW BUSINESS: ACKNOWLEDGING A NEW HIGHWAY EMPLOYEE Ms. Thomas noted that although the Town Board doesn’t need to pass a resolution for this as the Highway Superintendent has authority to hire, but it is helpful for the record. RESOLUTION 2019-202: ACKNOWLEDGING A NEW HIGHWAY EMPLOYEE RESOLVED that the Ulysses Town Board understands that Highway Superintendent Scott Stewart has appointed Bill Austin as a laborer for the Highway Department with the goal of moving to Machine Equipment Operator (MEO) once he has the proper certifications or licenses, and further RESOLVED the Union Contract with the Highway Department indicates the pay for a new employee laborer without a Commercial Driver License (CDL) is $18.50 per hour. Moved: Ms. Thomas Seconded: Ms. Zahler Mr. Boggs made a friendly amendment to strike the first paragraph. This was seconded by Mr. Goldman. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 11/26/19 DISCUSSION OF TOWN BOARD MEETING SCHEDULED FOR DECEMBER 24, 2019 RESOLUTION 2019---: TOWN BOARD MEETING OF DECEMBER 24, 2019 RESOLVED, that the Ulysses Town Board cancels the 4th Tuesday meeting of December in 2019. Moved: Ms. Thomas Seconded: Mr. Goldman The board did not vote at this time-see below. DESIGNATION OF A REPRESENTATIVE TO THE TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL RESOLUTION 2019-203: DESIGNATION OF A REPRESENTATIVE TO THE TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL 8 RESOLVED that the Town Board of the Town of Ulysses appoints Cait Darfler to be the Town’s representative to the Tompkins County Environmental Management Council (EMC) for 2020, and further RESOLVED the Town Board appreciates Cait Darfler service to the Town and County as the current representative to the EMC. Moved: Ms. Thomas Seconded: Ms. Zahler Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 11/26/19 DISCUSSION OF TOWN BOARD MEETING SCHEDULED FOR DECEMBER 24, 2019 RESOLUTION 2019-204: TOWN BOARD MEETING OF DECEMBER 24, 2019 RESOLVED, that the Ulysses Town Board cancels the 4th Tuesday meeting of December in 2019 and reschedules it for Dec. 16, 2019 at 7:30pm. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 11/26/19 APPOINTMENT OF SEARCH COMMITTEE MEMBER FOR RECREATION DIRECTOR RESOLUTION 2019-205: APPOINTMENT OF SEARCH COMMITTEE MEMBER FOR RECREATION DIRECTOR Whereas, the Ulysses Town Board seeks to have a broad-based group of community stakeholders advising the Town on the appointment of a new Recreation Director and Whereas, the Trumansburg Conservatory of Fine Arts has identified their representative for the Search Committee created on November 12, 2019, now therefore it RESOLVED, that Mark Costa is appointed to the Recreation Director Search Committee as the representative for the Trumansburg Conservatory of Fine Arts. 9 Moved: Ms. Zahler Seconded: Mr. Boggs Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 11/26/19 SETTING THE 2020 ORGANIZATIONAL MEETING DATE RESOLUTION 2019-206: SET 2020 ORGANIZATIONAL MEETING DATE BE IT RESOLVED that the Ulysses Town Board sets the date for the Organizational Meeting on January 6, 2020 at 8am at the Ulysses Town Hall. Moved: Ms. Thomas Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 11/26/19 AUTHORIZATION TO MOVE FORWARD ON ASSET DATABASE DEVELOPMENT Ms. Wright gave a brief overview of the project, which includes creation of a database to help manage town assets. Ms. Zahler asked about funding. Ms. Thomas replied that funds were budgeted for GASB compliance. Ms. Wright said that per the State Comptroller’s Office, the town can use capital reserves on this if it chooses. RESOLUTION 2019-207: AUTHORIZATION TO MOVE FORWARD ON ASSET DATABASE DEVELOPMENT WHEREAS the Ulysses Town Board has made it a priority to become GASB compliant as it pertains to Town asset valuation, documentation and data management; and WHEREAS a database to manage Town asset data has been identified as the preferred method; and WHEREAS a custom built database will allow for the Town to maximize usability while providing the opportunity to design the database in a way that matches the day to day, 10 monthly, and annual operations that would be required to maintain the relevance of data in the database; and WHEREAS an online database provides maximum access and usability in a teamwork setting; and WHEREAS Pushlar Consulting is already in contract with the Town for “Ongoing web and database development” and has maintained a well-established professional relationship with the Town; and WHEREAS Pushlar Consulting has quoted the Town for database design and development at 40 hours of work at the contract rate of $80/hour for a maximum total of $3,200; and WHEREAS there will be two annual expenses pertaining to this database: a SSL certificate and a website hosting cost totally $200 for both; and WHEREAS billing for this work will be in the 2020 budget year; Therefore, be it RESOLVED that the Town Board authorizes Town staff, in collaboration with Pushlar Consulting, to move forward with the development of a Town asset database, for a maximum total of $3,200. Moved: Ms. Thomas Seconded: Mr. Boggs DISCUSSION: Mr. Boggs asked for more information. Ms. Wright replied that the program will be web- based. Mr. Boggs and Zahler suggested being sure that Mr. Pushlar designs it so that it could be passed along to someone else if necessary. Mr. Boggs suggested making an outline to streamline the process to make sure that the program will provide the data that we are looking for. Ms. Wright explained that the data fields will be based on the information needed. Ms. Zahler inquired whether NYS provides guidance on this. Ms. Wright said no. Ms. Thomas explained that this will be a central location for all of the town’s many assets lists. Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 11/26/19 PRIVILEGE OF THE FLOOR: 11 Mr. Houghton expressed concern regarding passage of the SEQR before the local law is in place. He feels that the town is setting the regulations that have a direct impact on what is allowed in the town and the environment. Ms. Sokoni weighed in that the board may have to go through the SEQR again if certain changes made. The only action taken by passing a law is legislative. If the law is passed and someone wants to build a CAFO, a SEQR will be needed on that. Ms. Marino expressed that she shares Ms. Wright’s enthusiasm for new database and becoming GASB compliant. She responded to Mr. Goldman’s comment regarding passing the zoning law with a one year delay on subdivision regulations. She reminded the board that a straw poll was taken and 3 board members were not in support of this concept. Neither were the Planning Board or the Zoning Officer. Many changes were made but the board chose to dismiss the subdivision regulations even though 2.5 years of thought were put into it. She believes that they have strayed from the goals of the grant that funded the zoning update. MONTHLY BUSINESS: APPROVAL OF MINUTES RESOLUTION 2019-208: APPROVAL OF MINUTES RESOLVED that the Ulysses Town Board approves the minutes from both the public hearing and regular meeting on 11/12. Moved: Ms. Zahler Seconded: Mr. Goldman Ms. Thomas aye Ms. Zahler aye Mr. Hertzler absent Mr. Boggs aye Mr. Goldman aye Vote: 4-0 Date Adopted: 11/26/19 EXECUTIVE SESSION: Mr. Goldman made a motion to go into Executive Session at 9:17pm to discuss the promotion, performance and compensation of a specific individual and the advice of counsel. This was seconded by Ms. Zahler and passed unanimously. Mr. Goldman made a motion to end Executive Session at 9:55pm. This was seconded by Mr. Boggs. ADJOURN: Mr. Goldman moved to adjourn the meeting at 9:55pm. This was seconded by Mr. Boggs and passed unanimously. 12 Respectfully Submitted by Carissa Parlato, 12/5/19