HomeMy WebLinkAbout2020-06-23-TB-FINAL-minutesTOWN BOARD MEETING
Town of Ulysses
June 23, 2020
Audio of the minutes are available on the website at ulysses.ny.us.
The meeting was held via videoconference on the Zoom platform.
Notice of Town Board meetings are posted on the Town’s website and Clerk’s board.
ATTENDANCE:
TOWN OFFICIALS PRESENT:
Supervisor- Nancy Zahler
Board members- Richard Goldman, Michael Boggs, Katelin Olson, Marc Devokaitis
Town Clerk- Carissa Parlato
Second Deputy Supervisor- Michelle Wright
Attorney for the Town- Khandikile Mvunga Sokoni (arrived 7:16pm)
Environmental Planner- John Zepko
OTHERS PRESENT:
Matt McKenna (Engineer, MRB Group), Diane Hillmann, Roxanne Marino, Peter Houghton, L Matson,
Tim Cardina, Anne Koreman, Karen Meador
APPROVAL OF MEETING AGENDA
RESOLUTION 2020-134: APPROVAL OF MEETING AGENDA
BE IT RESOLVED that the Ulysses Town Board approve the agenda for June 23, 2020 with the
removal of the resolution for an out of district user for Water District 3, moving up action on
the aerator bid, and adding a resolution a related resolution.
Moved: Ms. Zahler Seconded: Ms. Olson
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 6/23/2020
The board moved into the Public Information meeting for an out-of-district user for Water District 3 at
this time. (See separate minutes).
PRIVILEGE OF THE FLOOR:
Karen Meador spoke on the letter regarding the zoning amendment that was received by the board
from 7 people. She wondered whether the 7 people were residents of the town and if that is
relevant.
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OLD BUSINESS:
TAKING ACTION ON OUT OF DISTRICT USER REQUEST FOR WATER DISTRICT 3
The user request was rescinded so no action was taken on this topic.
NEW BUSINESS:
REVIEW FINANCING PLAN FOR AERATOR
Ms. Wright presented her plan to the board.
AWARD BIDS FOR AERATOR PROJECT
Mr. McKenna gave overview of the bid process & results. The bid opening was held at 10:30am on
Friday, 6/19 at 10:30am at the Town Hall. Ms. Wright, Mr. McKenna, and Ms. Parlato were in
attendance. Charlie Gage from Statewide Aquastore; Scott Jeworski from Myriad; Mike Gerwitz;
Barry Gage; and Wilma Skinner attended via Zoom video conference.
3 bids were received:
• Gerwitz & McNeil Electric- $177,583
• Ixom- $200,544
• Myriad- $223,000
Mr. McKenna answered clarifying questions from the board.
RESOLUTION 2020-135: AUTHORIZING THE BID AWARD FOR WATER DISTRICT 3 TTHM
REMEDIATION AERATOR PROJECT
WHEREAS, the Town of Ulysses has been notified by the Tompkins County Health Department
that the water system, in Water District #3, has elevated TTHM’s which need to be reduced;
and
WHEREAS, the Town of Ulysses has approval from the Tompkins County Health Department to
install a TTHM removal system in the water tank for Water District #3 as an acceptable
mitigation measure; and
WHEREAS, the Town of Ulysses has been notified of the receipt of a grant up to the amount of
$188,880.00 for the construction of the TTHM removal project and the Town has entered into
a grant agreement with the New York State Environmental Facilities Corporation, project
number 18217, for the above noted grant; and
WHEREAS, The Town of Ulysses received publicly advertised bids for the above noted project
on June 19, 2020; followed thereafter with a Bid Summary letter from the Engineer, MRB
Group, identifying the lowest qualified bidders with complete bid submissions, and
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WHEREAS, The Town has reviewed the bids and the bids were within the authorized project
budget amounts and that the Town has an interest in awarding the contracts to continue to
complete construction of the TTHM Removal Project;
NOW, THEREFORE BE IT
RESOLVED that the Town Board of Ulysses acting on behalf of the Water District #3 hereby
approves and authorizes the award of contracts for the project as follows:
Contract #1 – General to Gerwitz & MacNeil Electric in the amount of $192,583.00 and be it
FURTHER RESOLVED, that the Town board approves the authorization of the Alternate Bid #1
for $11,790.00 for a Chlorine Analyzer #1 in Ulysses Water Storage Tank and Alternate Bid #2
for $9,836.00 for a Chlorine Analyzer at the Woolf Lane Booster Pump Station the costs for
which are not included in the awarded contract noted above; and therefore,
FURTHER Resolved, that the Town Board authorizes the award of contracts for the project to
include the Base Bid plus both alternatives, as follows:
Contract #1 – General to Gerwitz & MacNeil for a total of $214,209.00; and be it
FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute the contracts
hereby approved and to take such steps and to execute such further documents as may be
necessary, desirable, and/or appropriate to effectuate the purpose and intent of the foregoing
resolutions.
Moved: Ms. Zahler Seconded: Mr. Boggs
DISCUSSION-
The board discussed bid amounts, maintenance, and warranties.
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 6/23/2020
AUTHORIZING THE INCLUSION OF THE AQUALOGICS UPGRADE INTO THE WATER DISTRICT 3 TTHM
REMEDIATION AERATOR PROJECT
RESOLUTION 2020-136 : AUTHORIZING THE INCLUSION OF THE AQUALOGICS UPGRADE
INTO THE WATER DISTRICT 3 TTHM REMEDIATION AERATOR PROJECT
WHEREAS, the Town of Ulysses has been notified by the Tompkins County Health Department
that the water system, in Water District #3, has elevated TTHM’s which need to be reduced;
and
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WHEREAS, the Town of Ulysses has approval from the Tompkins County Health Department to
install a TTHM removal system in the water tank for Water District #3 as an acceptable
mitigation measure; and
WHEREAS, the Town of Ulysses has been notified of the receipt of a Grant up to the amount
of $188,880.00 for the construction of the TTHM removal project and the Town has entered
into a Grant Agreement with the New York State Environmental Facilities Corporation (EFC),
project number 18217, for the above noted grant; and
WHEREAS, The Town of Ulysses received a quote from Aqualogics, the manufacturer of the
aerator system, dated May 13, 2020 to program the new TTHM system equipment to not only
monitor equipment in our tank and the Wolf Lane Pump Station in the Town of Ithaca, but
also to send alarm notices directly to the Town of Ulysses when the system is not functioning
properly to dramatically improve the functioning of the system and to assure water quality in
Water District #3,
NOW, THEREFORE BE IT
RESOLVED that the Town Board of Ulysses acting on behalf of the Water District #3 hereby
approves and authorizes the inclusion of the Aqualogics upgrade into the Water District 3
TTHM Remediation Aerator Project, and be it
FURTHER RESOLVED, that the Town board approves the award of the May 13, 2020
Aqualogics quote not to exceed $13,865.00 to be paid by Water District #3, in addition to the
bid total approved in Resolution #135 and which may be eligible for 60% grant funding,
subject to approval of EFC as the funder and be it
FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute the contracts
hereby approved and to take such steps and to execute such further documents as may be
necessary, desirable, and/or appropriate to effectuate the purpose and intent of the foregoing
resolutions
Moved: Mr. Devokaitis Seconded: Mr. Boggs
DISCUSSION:
The group discussed the addition of SCADA (supervisory control & data acquisition).
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 6/23/2020
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Mr. McKenna was excused at this time (8:01pm).
At this time, the board took about a 5 minute break.
DISCUSS FEEDBACK FROM PUBLIC INFORMATION MEETING ON ZONING AMENDMENT
Ms. Zahler gave a brief review of the amendment and shared some feedback from the recent public
hearing regarding environmental protections, enforcement, 5% lot coverage limit, and building
footprint limit.
DECLARATION OF THE TOWN BOARD OF THE TOWN OF ULYSSES AS LEAD AGENCY IN CONNECTION
WITH PROPOSED ZONING AMENDMENTS REGARDING THE LAKESHORE AND CONSERVATION
ZONES
RESOLUTION 2020-137: DECLARATION OF THE TOWN BOARD OF THE TOWN OF ULYSSES AS
LEAD AGENCY IN CONNECTION WITH PROPOSED ZONING AMENDMENTS REGARDING THE
LAKESHORE AND CONSERVATION ZONES
WHEREAS, the Town Board of the Town of Ulysses (“Town Board”) is in the process of
reviewing zoning amendments regarding the Lakeshore and Conservation Zones, and
WHEREAS, pursuant to the New York State Environmental Quality Review Act (the "SEQRA")
and the regulations adopted pursuant thereto by the Department of Environmental
Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the
"Regulations"), all discretionary actions by the Town are subject to environmental review in
accordance with SEQRA, and
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA) and its
regulations require that a Lead Agency be established for conducting environmental review of
all discretionary actions in accordance with local and state environmental law; and
WHEREAS, the Town Board wishes to comply with the SEQR Act and its Regulations with
respect to the proposed zoning amendments, and
WHEREAS, SEQRA and its accompanying regulations specifies that for actions governed by
local environmental review, the Lead Agency shall be that local agency which has primary
responsibility for approving and carrying out the action; and
WHEREAS, the adoption of these zoning amendments is legislative action,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF ULYSSES, NEW
YORK that as the local agency with primary responsibility for approving the legislative action,
it hereby declares itself Lead Agency for purposes of conducting the environmental review
required by SEQRA and its accompanying regulations in 6 NYCRR Part 617, as amended (the
"Regulations”).
Moved: Ms. Zahler Seconded: Ms. Olson
Ms. Zahler aye
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Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 6/23/2020
APPROVAL OF LANGUAGE FOR DRAFT LOCAL AMENDING ULYSSES ZONING LAW REGARDING
LAKESHORE AND CONSERVATION ZONES AND SCHEDULING OF PUBLIC HEARING
RESOLUTION 2020-138: APPROVAL OF LANGUAGE FOR DRAFT LOCAL LAW AMENDING
ULYSSES ZONING LAW REGARDING LAKESHORE AND CONSERVATION ZONES AND
SCHEDULING OF PUBLIC HEARING
WHEREAS, the Town Board of the Town of Ulysses (Town Board) enacted Local Law No. 3 of
2019 on December 10, 2019, which law was filed with the New York State Secretary of State
on December 16, 2019, which local law repealed in its entirety the Town of Ulysses Zoning
Law adopted by Local Law No. 3 of 2013, amended from time to time, and codified as Chapter
212 of the Laws of the Town of Ulysses, and in its place adopted a new zoning law, and
WHEREAS, when adopting the Zoning Law on December 10, 2019 by Resolution 2019-211
several members of the Town Board wanted to re-visit the law in 2020 based on feedback
from the Public Hearing held November 18, 2019 and
WHEREAS, the Town Board wished to consider alternative strategies that balance our
environmental stewardship responsibilities with the property rights of landowners when
protecting steep slopes and Unique Natural Areas in the Lakeshore and Conservation zone
rather than a zone-wide limit of 2000sq ft footprint and
WHEREAS, the Ulysses Town Planning Board reconsidered relevant sections of the law related
to the lot limits and site plan review requirements of the Lakeshore and Conservation Zones
and transmitted their recommendations including proposed changes to the current zoning
along with their rationale to the Town Board on April 28, 2020 through Planning Board
Resolution Numbers 1 of 2020 and 2 of 2020, and
WHEREAS, the Ulysses Town Board accepted the Planning Board recommendations and held a
Public Information Session for all interested residents on Tuesday, June 16, 2020 to explain
the proposal and invite questions and comments and received written and verbal comments
before and after the session and,
WHEREAS, the Ulysses Town Board has discussed the comments received from residents in
support of and opposed to the proposed Local Law #1 of 2020 AMENDING TOWN OF ULYSSES
ZONING LAW REGARDING LAKESHORE AND CONSERVATION ZONES introduced on May 26,
2020, and
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WHEREAS, Municipal Home Rule Law §20(5) requires that a public hearing be held before a
local law is adopted by the Town Board, which public hearing must be held upon the
publication of at least ten days’ notice in the Town’s official newspaper; and
WHEREAS, Town Law §264(4) also requires that a public hearing be held prior to adopting (or
amending) zoning regulations, and
WHEREAS, Town Law §265(2) requires that amendments made to any zoning law (excluding
any map incorporated therein) shall be entered in the minutes of the town board; such
minutes shall describe and refer to any map adopted in connection with such change,
amendment or supplement and a copy, summary or abstract thereof (exclusive of any map
incorporated therein) shall be published once in a newspaper published in the town, if any, or
in such newspaper published in the county in which such town may be located having a
circulation in such town, as the town board may designate, and affidavits of the publication
thereof shall be filed with the town clerk, and
WHEREAS, due to the Corona Virus/COVID-19 pandemic, the Governor of the State of New
York has authorized municipalities to conduct certain public hearings and meetings by virtual
means in order to ensure the public health and safety,
NOW THEREFORE, BE IT RESOLVED, that the attached draft local law, the full text of which the
Town Clerk is hereby directed to reproduce in the minutes hereof, is adopted as the draft
upon which a public hearing shall be held to consider whether or not to adopt the proposed
amendments, and be it further
RESOLVED, that the Town Board hereby schedules a public hearing for July 28th at 6:30pm via
Zoom. Access details for the Zoom meeting shall be posted on the Town of Ulysses website at
www.ulysses.ny.us 24 hours prior to the date of the hearing. The purpose of the public
hearing is for all persons wishing to comment in favor or against the proposed zoning
amendments to have an opportunity to provide their comments thereon, and be it further
RESOLVED, that in addition to participation in the public hearing via Zoom, all members of the
public wishing to submit written comments on the proposed local law may do so in writing
addressed to the Town Clerk at 10 Elm Street, Trumansburg, NY 14886 or by email to
clerk@ulysses.ny.us, and be it further
RESOLVED, that the Town Clerk is directed to publish notice of said hearing in the Ithaca
Journal as required by law, to mail notices to all persons and agencies entitled to notice, to
file in the office of the Town Clerk affidavits of publication, and the Town Board authorizes
payment of expenses associated with said publications and mailings, and be it further
RESOLVED, that a copy of the proposed Zoning Law and a copy of this Resolution shall be sent
by the Town Clerk of the Town of Ulysses to all persons entitled to notice pursuant to NY
Town Law §264 and NY General Municipal Law §239-m including to wit,
a. The Ulysses Planning Board,
b. the Ulysses Zoning Board of Appeals,
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c. Building and Code Inspector of the Town of Ulysses,
d. Tompkins County Department of Planning,
e. Clerk of the Tompkins County Legislature,
f. Seneca County
g. Schuyler County
h. Town of Covert
i. Town of Hector
j. Town of Enfield
k. Town of Lansing
l. Town of Ithaca
m. Village of Trumansburg
n. New York State Office of Parks, Recreation and Historic Preservation
o. New York State Commissioner of Environmental Conservation
Moved: Ms. Zahler Seconded: Ms. Olson
DISCUSSION:
The board discussed several issues, including:
• Maximum bldg. footprint
• Enforcement
• Environmental concerns
• Lack of definition of “footprint” in the zoning law, and how it differs from “floor area”
• Making sure the zoning guidelines are consistent throughout sections
• Clarifying whether garage is included in the footprint
•
Mr. Goldman made a motion to table the resolution. This was seconded by Ms. Olson and
passed unanimously.
Mr. Zepko and Ms. Sokoni were excused at this time (9pm).
OPERATION OF 2020 SUMMER PROGRAMS FOR YOUTH
Mr. Glennon reported that his survey resulted in responses saying that people most likely would not
enroll their kids in the summer recreation program that had so many limitations due to COVID-19
guidelines. He is considering planning smaller activities where it would be easier to adhere to safety
guidelines.
RESOLUTION 2020-139: OPERATION OF 2020 SUMMER PROGRAMS FOR YOUTH
WHEREAS, The Town of Ulysses and Village of Trumansburg agreed to offer a summer day
camp and sports camp as part of a joint recreation program in 2020 and
WHEREAS, the Coronavirus pandemic and construction have made it impossible to use school
facilities as in the past, and the health and safety guidance from the Centers for Disease
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Control and New York State Department of Health prohibit the use of school buses to
transport campers to Taughannock Park for swimming, and have made the design and
operation of a full-day, safe and fun camp that meets the before and after camp supervision
needs of working parents extremely difficult to implement, and
WHEREAS, nearly all other public and private daycamps have already cancelled programming
and parents have expressed serious concerns about having their children participate in a
program that could expose them to possible COVID-19 infection,
NOW THEREFORE BE IT
RESOLVED, that the Ulysses Town Board, with great regret, cancels the 2020 summer day
camp program and
FURTHER RESOLVED, that the Recreation Department will offer a variety of safe and fun short-
term activities for children, youth, families and community members for the summer of 2020
and
FURTHER RESOLVED, that the Town-sponsored Youth Development program operated by
Cornell Cooperative Extension of Tompkins County for middle schoolers in the Trumansburg
School District, will offer small group, part-day, in-person programming for interested middle
schoolers adhering to NYS Health Guidance under the current contract and
FURTHER RESOLVED, that the Youth Employment Program will operate as planned with
funding approved for 2020 while assuring that employers and young people are fully informed
of and committed to adhering to required safety precautions.
Moved: Ms. Zahler Seconded: Mr. Boggs
DISCUSSION:
Ms. Zahler & Ms. Olson noted that Mr. Glennon did a great job of planning, which can be used
for next summer.
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 6/23/2020
Mr. Glennon was excused at this time (9:11pm).
APPROVAL OF WORK PLAN for CONSERVATION and SUSTAINABILITY ADVISORY COMMITTEE
Since the board had just received information on this topic, they declined to take action and agreed to
discuss the proposed work plan on July 14, 2020.
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AUTHORIZATION TO ENGAGE INSERO and COMPANY TO CONDUCT AUDIT OF 2019 FINANCIALS
RESOLUTION 2020-140: AUTHORIZATION TO ENGAGE INSERO and COMPANY TO CONDUCT
AUDIT OF 2019 FINANCIALS
BE IT RESOLVED that the Town Board of Ulysses will contract with Insero and Company to
perform an audit of the 2019 financials per the letter of engagement dated 4/28/2020 at a
cost not to exceed $10,500.
Moved: Ms. Zahler Seconded: Mr. Boggs
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 6/23/2020
DISCUSSION OF NEXT STEPS TO IMPLEMENT ANTI-RACISM COMMITMENTS
The group agreed to discuss further at the next meeting.
TOWN REPORTS & BRIEF ANNOUNCEMENTS
BUDGET UPDATE: MAY SALES REPORT
Ms. Wright stated that the report has not been received yet.
UPDATES ON TOWN RESPONSE TO CORONAVIRUS
Ms. Wright noted that herself and Ms. Parlato will meet tomorrow to discuss further.
Ms. Zahler noted that the library has requested to use the Salo Habitat Preserve for a children’s
activity related to a story. The Habitat Preserve Advisory Group will review the request on 6/30/20.
PRIVILEGE OF THE FLOOR:
(None)
APPROVAL OF MINUTES:
RESOLUTION 2020-141: APPROVAL OF MINUTES
RESOLVED that the Ulysses Town Board approves the minutes from the Regular Town Board
meeting on 6/9/20; the Special Town Board meeting on 6/16/20 for Summer Camp; and the
Public Information Session on Proposed Zoning Amendment held on 6/16/20.
Moved: Ms. Boggs Seconded: Mr. Devokaitis
Ms. Zahler aye
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Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 6/23/2020
ADJOURN:
Mr. Goldman moved to adjourn the meeting at 9:40pm. This was seconded by Mr. Devokaitis and
passed unanimously.
Respectfully Submitted by Carissa Parlato,
7/13/2020