HomeMy WebLinkAbout2001-09-11 - TB 3
TOWN OF ULYSSES
TOWN BOARD MEETING
9/11/2001
Present: Supervisor Doug Austic, Town Board Members Carolyn Duddleston, Andrew
Hillman, Sue Poelvoorde, and Robert Weatherby, Town Highway Superintendent Jim
Meeker, and Code Enforcement Officer Alex Rachun, Town Clerk Marsha Georgia, and
Town Attorney Bruce Wilson.
Also Present: Grace Wolf, of the Trumansburg Free Press.
Supervisor Austic called the meeting to order at 7 : 30 PM, and led those assembled in the
Pledge of Allegiance to the Flag of the United States of America, and a moment of
silence. Mr. Austic noted that, in lieu of the catastrophic events of the day, he had
considered canceling the meeting, but had decided against doing so, with the thought that
not functioning as normal would be giving a victory to the parties behind the day's
disasters.
APPROVAL OF MINUTES : Regular Town Board Meeting of 8/14/2001 , the
S.E.Q.R. and Map, Plan and Report Public Hearings of 8/14/2001 , the Special Board
Meeting of 8/25/2001 , and Special Board Meeting of 6/25/2001 .
Noting minor corrections, Mrs. Duddleston moved , seconded by Ms. Poelvoorde to
approve the minutes of the Regular Town Board meeting of August 14, 2001 , the
S .E. Q. R. Public Hearing and the Map, Plan and Report Public Hearing of August 14,
2001 , the Special Town Board Meeting of August 25 , 2001 , and the Special Town Board
Meeting of June 25 , 2001 .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
APPROVAL OF MONTHLY CLAIMS
Mr. Weatherby moved, seconded by Mr. Hillman to approve monthly vouchers numbers
335 through 372, totaling $28,301 . 43 .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
REPORTS OF REPRESENTATIVES
Tompkins County Board of Representatives: Peter Penniman
Mr. Penniman discussed the 2000 U . S . Census impacts on the anticipated sales tax that
the Town will receive. The Town of Ulysses' population dropped 2.9%, while Tompkins
County saw a population gain of 5 . 5 % . This will, of course, mean a reduced share of
sales tax. The difference between where the Town's current population is and the pace of
growth that would place the Town at an even rate with the County is 8 . 4%.
Mr. Penniman reported that he and the Town clerk have scheduled a meeting of the three
Towns and several emergency service agencies to discuss the road numbering systems of
Regular Town Board Meeting 2
09/ 11 /2001
Iradell Road . Mr. Penniman noted that he has been told by emergency service agencies
that Iradell Road is confusing, despite the fact that the E-911 Dispatcher has set up an
effective cross-reference system. Mr. Penniman explained that., although the cross-
reference system does bring up both the Town's old three-digit numbers and the new
four-digit ones, another incident occurred where an emergency vehicle passed by a house.
Mr. Austic and Mrs. Georgia noted that the individual's home to which the emergency
vehicle was called has both the three and the four-digit number clearly marked in front of
the residence.
Mr. Penniman stated that at least one Town will have to change their system, and that
everyone needs to keep an open mind in considering the matter at the scheduled meeting.
Mr. Penniman also reported on the Tompkins County Budget. Mr. Penniman reported
that budget allocations for several departments would be reduced; some departments will
have positions eliminated. Mr. Penniman noted that the various departments have been
cooperative in working with the County to reduce their budgets.
Mrs. Duddleston asked why the Planning budget was being increased when the County
no longer has an active Planning Board. Mr. Penniman explained that the Planning
Department provides a great deal of support services, including mapping and some GIS
work, working with local Towns, providing circuit-rider services, and administering
HUD Grants .
Mrs. Georgia noted that she knows that Town of Ulysses residents are not eligible for any
HUD assistance because the Town never signed up with the County. Mrs. Georgia asked
what the Town would have to do for residents to become eligible. Mr. Penniman agreed
to look into the matter. Mr. Austic noted that this could be very helpful to residents in
being able to afford hookup to Water District #3 .
Mr. Penniman noted that the Vital Communities Project seeks to bring groups together to
look into balancing quality of life, open space preservation and efficient infrastructure
use issues. Mr . Austic stated that he favors the idea of a Vital Communities program. Ms.
Poelvoorde stated that the concept is favorable . Mr. Austic told Mr. Penniman that the
Town Board would anticipate an official resolution on the matter next month.
Trumansburg Fire Department
No representatives were present. No report was made.
TOWN REPORTS
Highway Superintendent James Meeker
Mr. Meeker reported that the Highway Department's work this month has included
mowing roadsides and working on sealing projects. Mr. Meeker reported that he
inspected the Honey Bee Lane subdivision, and that this subdivision successfully met all
the specifications pertinent to Town Highway adoption set forth under the Town of
Ulysses Sub'division Regulations.
Mr. Austic Will begin the process of gathering the description, dedication materials and
other documents needed in order to establish Honey Bee Lane as a Town Road. Attorney
Bruce Wilson stated that the first step would be for owner of the development, Mr. Parker
to present the Town with the legal deed that includes the description of the road.
Mr. Meeker reported that he would be ordering salt in the next: couple of days. Mr.
Meeker noted that there has been an accident at the salt mine, which could close the mine
for a couple of months. Mr. Meeker stated that he hopes to obtain enough salt to fill the
Town's shed.
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Regular Town Board Meeting 3
09/ 11 /2001
Town Clerk Marsha Georgia
Mrs. Georgia reported that the Town Clerk's Office has had a busy month. Total fees
collected totaled $7,837 . 50, $732 .08 of which was turned over to the Supervisor.
The Town Clerk has submitted disk copies of recent minutes to be added to the Town
website.
The Town Clerk and her deputy continue to work on the L . G.R.M.I .F. grants for Archival
Records Arrangement and Description and Indexing Minutes.
Code Enforcement Officer Alex Rachun
Mr. Rachun reported that six building permits were issued during the month, consisting
of three single-family homes and three additions. Construction costs totaled $400,000 and
fees totaled $996.
Mr. Rachun reported that the Town Planning Board has closed the Public Hearing on the
matter of the communication tower, to be constructed by Independent Wireless One. The
Planning Board has requested that the applicants provide further information.
Mr. Rachun stated that he is baffled by the 2000 Census figures, and that he believes the
decrease of population indicated is inaccurate. Mr. Rachun noted that the Town has been
issuing numerous building permits for new residences, but does not have a growing
number of abandoned houses.
The Town Board agreed that the decrease in population does seem incorrect. Mr.
Penniman stated that although it is too late to file adjustments for the 2000 Census
figures, the Town might be able to have the sales tax distribution adjusted if it can prove
that the Census data is incorrect.
Board Members and Committees
Mr. Hillman reported that the Joint Youth Commission has drafted a budget for the
upcoming year.
Supervisor Doug Austic
Supervisor Austic noted that the Town Clerk's CE account is considerably over budget,
but that a good deal of this is due to Water District work . Mr. Austic also noted that
Programs of the Aging is over because the Town neglected to establish a budget for this
department and that Workman's Compensation is over as a result of a cost increase.
The Town Board did not have any questions about the Supervisor's Financial Report.
Mr. Austic reported that the Latter Day Saints Church and the Rabbit Run Road Water
Districts are in the process of drafting agreements between the residents of these districts
to go under Article 12 of the law, where Barton and Loguidice will determine the cost of
the districts for users and residents desiring to be in the districts may petition to be in the
district.
OLD BUSINESS
Rabbit Run Water District
Mr. Austic noted that he received a letter from Timothy Maguire requesting inclusion in
the Latter Day Saints Church district . Mr. Austic reported that the Village of
Trumansburg informed him they have ample water supply to add Mr. Maguire's residence
to this district. Mr. Austic also noted that adding Mr. Maguire would reduce the expense
of the water district for the Church.
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Regular ;Town Board Meeting 4
09/ 11 /2001
Water D istrict #3
Noting that several Town Board resolutions concerning Water District #3 must be re-
done because the NYS Comptroller's office found the legal advertisement for the initial
public hearing to be insufficient, Mr. Austic stated that the Town Board would proceed
with resolutions concerning this matter.
Public Notice, Statement of Project' s Beneficial Impact
WHEREAS, the Ulysses Town Board has, under Artieje 12A of the Town Law,
been considering adoption of Water District No . 3 ; and
WHEREAS, the Board has reviewed the district boundaries and parcels involved
NOW, THEREFORE, it is determined that :
1 . The proper public notice to all interested parties has been given prior
to public hearing and notice of publication pursuant to Town Law
Section 209-d ( 1 ) has been duly given and said notice posted timely.
2 . That all properties in the proposed district are benefited.
3 . That all properties are within the proposed district .
4. That the proposed district services a legitimate public purpose for the
Town.
Mr. Hillman moved to adopt the above. Mrs. Duddleston seconded.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted
Adoption of Water District #3
WHEREAS, the Town of Ulysses Town Board has been considering formation
of Ulysses Water District No . 3 pursuant to Article 12A of the Town Law; and
WHEREAS , the Board has previously approved the funding of a Map, Plan and
Report_and authorized as Town Engineer, Barton & Loguidice , P. C. to prepare same ; and
WHEREAS, said Map, Plan and Report was duly accepted for filing and duly
filed with the Town Clerk; and
WHEREAS, the Board duly authorized said engineers to prepare a State
Environmental Review (SEQR) as a Type I action and duly by resolution named the
Town Board! as Lead Agency for said environmental review, and duly giving all notices
required by statute to all interested involved parties pursuant to law; and
WHEREAS , the Board has accepted for filing said Part I of the SEQR Full
Environmental Assessment Form (EAF) review and same was duly filed with the Town
Clerk; and
WHEREAS, a public hearing was duly called and held before the Town Board on
July 3 1 2001 after first posting and publishing pursuant to statute, duly established by
findings and all public comment was heard as to the Map, Plan and Report and SEQR
review; land
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Regular Town Board Meeting 5
09/ 11 /2001
WHEREAS, thereafter, the Town Board duly authorized based on public
comment the said engineer to amend the Map, Plan and Report to reflect changes in
district boundaries based on said hearing, and said amendments were duly filed with the
Clerk and open for public inspection; and
WHEREAS , the Town Board duly called a second and third public hearing after
duly posting and publishing pursuant to Town Law § 209(d)( 1 ) relative to said amended
Map, Plan and Report duly held August 14, 2001 and September 11th, 2001 and public
comment was again solicited; and
WHEREAS, the Board accepted for filing the amended Map, Plan and Report for
consideration by the Board, and
WHEREAS, the Town Board as Lead Agency reviewed Part I of the SEQR Full
EAF and made findings thereon by separate resolution and thereafter completed Part II
and III of said review process and duly adopted a negative declaration in regard thereto ;
and
WHEREAS, the Town Board has affirmatively made the following findings :
1 . That all properties within the proposed district are benefited; and
2. That all benefited properties are within the proposed district; and
3 . That the proposed district serves a legitimate public purpose for the
Town.
NOW THEREFORE, IT IS HEREBY RESOLVED, that the amended Map,
Plan and Report is approved by the Town Board in its entirety and the Clerk shall file
same and give statutory notice to the New York State Comptroller pursuant to statute and
a final order with this resolution shall be duly filed with the Town Clerk and Tompkins
County Clerk pursuant to law; and
IT IS FURTHER RESOLVED , that the Town Supervisor, Town Attorney and
surveyors are authorized to negotiate with the Town of Ithaca and the City of Ithaca for
agreement on supply of municipal water from their sources and put to public bid and
bond same and pay thereafter, among other necessary costs, bonding, attorneys, engineers
and contractors for the funding, fmancing and construction of same inclusive of
acquisition of lands by purchase or eminent domain, and to further advise this Board
accordingly.
IT IS FURTHER RESOLVED , that the Town Board shall act as water
commissioner of the new Water District No . 3 with full authority pursuant to statute; and
IT IS FURTHER RESOLVED , the Town Supervisor is authorized to receive
the expected $500,000 New York State grant for this project and disburse funds from
same for all lawful purposes as related to Ulysses Water District No . 3 , and that he is
further authorized to apply for a no interest loan to be duly bonded in the amounts set
forth in the Map, Plan and Report and secure same for the purposes of construction of
this district and give notice to the State Comptroller of cost. This district is under the
threshold set by Town Law §209 (d)(2)(a) as to Audit and Control Review, as set fourth
in the notice of Public Hearing, duly sent to the NYS Department of Audit and Control
Water District No. 3 is hereby adopted and approved by this resolution.
Mr. Austic moved to adopt the above resolution, hereby establishing Water District #3 .
Mrs. Duddleston seconded.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
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•Regular Town Board Meeting 6
09/ 11 /2001
Adopted.
NEW BUSINESS
Consider Approval of Barton & Loguidice Proposal for Sei;wices
Supervisor Austic stated that the "Proposal for Engineering Services" from Barton &
Loguidice, P.C. needed board approval and he be authorized to sign the agreement. The
Board would like to have Attorney Wilson review this before this matter is completed
and he will draw up a resolution for such. The Town Clerk will forward a copy of this
proposal to the attorney.
Donation to ; American Legion
Supervisor Austic asked the Board how they felt about donating monetary amount to the
American Legion for allowing us to have our public hearing on Water District No. 3 .
The Board felt a donation of $ 100 would be in line because that is what they normally
charge for the use of the room.
Mr. Austic, seconded by Mr. Weatherby, moved the following resolution:
BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes to
issue a check to American Legion Post 77 in the amount of $ 1 (i00 for the use of their
meeting room on July 31st, 2001 for the Town' s public hearing on Water District No. 3
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
Budget
Supervisor Austic had Mrs. Georgia, Town Clerk distribute the requests for "estimate of
expenditures" to the department heads for the 2002 budget process. These request have
to be returned to the Supervisor no later than September 20th soy that Supervisor Austic
can prepare the tentative budget to be presented to the Town Clerk by September 30th.
Supervisor Austic also advised the Board that he is having a "request for proposal"
worked up to that we can advertise for quotes on the insurance. When this is received
th3e clerk will do a legal notice .
Other New Business
U. S . Flag
Mr. Austic asked if it would be possible to lower the flag outside the Town Hall to half-
staff out of respect for the lives lost in the morning's attacks on New York City and
WashingtoniD . C . Mrs. Georgia noted that there is no rope to lower and raise the flag. The
Board agreed that Mr. Austic would figure something out this week.
Mr. Austic reported on a flag and pole that is available from the Trumansburg Telephone
Company. The Board introduced discussion about cutting the tree in front of the Town
Hall down, because said tree has broken up the pavement in front of the Town Hall. Mr.
Hillman stated that he would like to look into an alternative method of addressing the
situation. The Board agreed to allow Mr. Hillman to review the situation and other
possible sohitions before deciding on how to address the situation.
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Regular Town Board Meeting 7
09/ 11 /2001
Computer - Supervisor' s Office
Supervisor Austic stated that his computer has to be upgraded. He has gotten a price
from Staples and this should be able to be accomplished within $ 1200. The Board gave
him approval to purchase a new computer.
Informational Meeting RE: Water District
Mrs. Duddleston asked if any additional public informational meetings had been
scheduled on the Water District No . 3 . This question came about because of her being
contacted by residents voicing the question. The general consensus of the Board is, at
this time there have been no additional public informational meetings scheduled on the
district.
Public Comments
None heard.
Correspondence
A letter was received from Don Barber, Supervisor Town of Caroline announcing a
meeting to discuss better corporation with the Towns and Tompkins County.
Previously discussed.
Announcement was received that the Jacksonville Association received the Community
Revitalization Grant and a meeting is scheduled in Jacksonville September 19, 2001 .
Adjournment
Hearing no further business Mr. Hillman moved, seconded by Ms. Poelvoorde to adjourn
the meeting. Unanimously approved, meeting adjourned at 8 : 55 PM.
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
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