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HomeMy WebLinkAbout2002-10-08 - PH 09-- TOWN OF ULYSSES PUBLIC HEARING REGULAR TOWN BOARD 10/8/02 PRESENT : Supervisor Doug Austic, Councilpeople Carolyn Duddleston, Sue Poelvoorde, and Lee Scott, Town Clerk Marsha Georgia. ALSO PRESENT : Timothy and Paige Rumsey, Tom Doheny of Time Warner Cable. Supervisor Austic called the meeting to order at 7 : 05 and opened the public hearing to hear comments on the proposed Cable Franchise Agreement with Time Warner Cable. Ms. Poelvoorde asked what the franchise rate would be. Mr. Austic replied that the proposed agreement has a franchise rate of 2 . 5% . The rate was increased because of the long period of time since the last increase in the 1980's, and also with the consideration that municipalities cannot collect a franchise fee for DSL Internet Services, including Time Warner's Road Runner, which accounts for a large portion of Time Warner's income. Mr. Austic also noted that Time Warner plans to extend its service area. No further questions or comments were heard. Mrs. Duddleston moved and Ms. Poelvoorde seconded to close the public hearing. Mr. Austic aye Mrs. Duddleston aye Ms. Poelvoorde aye Mr. Scott aye The public hearing closed at 7 :20 pm. Respectfully Submitted, Marsha L . Georgia 7 . 7 ` •ia Ulysses Town Clerk T v" MLG: kl 1 Draft TOWN OF ULYSSES REGULAR TOWN BOARD MEETING OCTOBER 8, 2002 PRESENT : Supervisor Douglas Austic, Councilpeople Carolyn Duddleston, Sue Poelvoorde, Lee Scott and Robert Weatherby, Town Clerk Marsha Georgia, Highway Superintendent James Meeker, and Code Enforcement Officer Alex Rachun. ALSO PRESENT: Christian Boissonnas, Representative to the Tompkins County EMC, Richard Coogan, of the JCA, Tom Doheny, of Time Warner Cable, Andy Rowe, of T.G. Miller & Sons Surveyors, Nathan Winograd, Director of the Tompkins County SPCA, Timothy and Paige Rumsey, and Grace Woolf, 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. Mr. Austic began by announcing that he will allow those who wish to address the board to speak first. Mr. Austic asked Mr. and Mrs. Rumsey to present their water request first. Water District Request-Rumsey-Waterburg Road Mr. Rumsey explained his request with a plea of hardship for a connection to the Village of Trumansburg water system. Mr. Rumsey explained that he has just built a home near the corner of Waterburg and Curry Road. At the time the well to provide this home with water was drilled, it seemed to be sufficient, however, since moving in the Rumseys have found the water from the well to be of harmfully poor quality. Mr. Rumsey explained that tests have found the water to contain 5% natural methane gas, which is combustible, and have found a high level of mineral hardness and a high level of sodium, which makes the water harmful for the plumbing and appliances it runs through, and makes it unsuitable for drinking. For these reasons, the Rumseys' are requesting a single-user water district . Mr. Austic explained that the Rumseys have come before the Town because the Village of Trumansburg has sent them before the Town Board to request the formation of Water District. Mr. Austic noted that the creation and development of a single-user water district would not be the most sensible way to go because of time and financial constraints. Mr. Austic stated that the Village of Trumansburg has said it would consider allowing the Rumseys to connect to its water system based on the plea of hardship, only if the Town of Ulysses does not approve a single-user water district. Mr. Austic also noted that the Rumsey's house could be included, along with many other houses in the Town of Ulysses that are connected to Village Water, but do not lie within an established water district, in a to-be-formed water district to encompass all such residences. After some discussion, the Board agreed that the best way to address this issue would be for Supervisor Austic to write a letter to the Village of Trumansburg recommending the Village allow the Rumsey's to connect to the Village water system immediately, due to their hardship, with the understanding that this property will ultimately be included in a widespread water district created to encompass Town residences served by Village water, but included in a currently existent water district . Water District #4-Latter Day Saints Church/Maguire Andrew Rowe, engineer for T. G. Millers' was present . Mr. Austic reported that the Town Attorney has reviewed the Map, Plan and Report for this water district and has approved these materials, and the Town is currently waiting for any responses to the notification of SEQR Lead Agency status that was sent to all involved or potentially involved agencies. The Tompkins County Health Department has expressed its consent to the Town acting as Lead Agency; other agencies, departments and municipalities have not yet responded. The notification letters stated that the period for responses ended today October 8th. Town of Ulysses 2 1\01 Regular Town Board Meeting 10/8/02 Mrs. Duddleston moved and Ms. Poelvoorde seconded that a public hearing to hear comments on the Map, Plan and Report for Town of Ulysses Water District #4 be scheduled for Tuesday, October 22nd, and be held at 7 :00 pm in the Ulysses Town Hall. Mr, Austic aye Mrs. Duddleston aye Ms, Poelvoorde aye Mr. Scott aye Mr. Weatherby aye Adopted. Cable Franchise Agreement Mr. Austic asked if the Board members had any questions or concerns about the proposed agreement. Mr. Doheny discussed various aspects of the proposed agreement, particularly the service extensions that Time Warner is anticipating. The Board agreed to table action on the Agreement until the Board members can read through the latest version of the proposed agreement. Action was tabled until a Special Town Board Meeting to follow the public hearing on October 22°d Tompkins County SPCA-Director Nathan Winograd-Bud:let Presentation / Discussion of Contractual Services Issue Nathan Winograd, Director of the Tompkins County SPCA was present. Since the Town Clerk is the official who works with the SPCA throughout the year, Supervisor Austic turned the floor over to Mrs. Georgia. Mrs. Georgia began by stating that, to date, the Town of Ulysses has not received an actual proposed contract;, but only a letter describing some of the services provided by the SPCA. Mrs. Georgia then posed a concern to Mr. Winograd about lack of service in regards to the issuing of both reminder letters and unlicensed dog tickets, dealing with residents' nuisance dog complaints and a lack of communication between the Town Clerk's office and the SPCA Officers. Mrs. Georgia noted a couple of recent examples including: reminder letters and tickets not being issued until over two-three months past the license expiration date (standard practice has a reminder letter issued within a week of a license's expiration, with a ticket issued two weeks after that), failure of the SPCA Officer to respond to multiple phone messages left by the Town Clerk to find out what has been done in the issuance of letters and tickets and the addressing of neighbor complaints (which has become the rule rather than the exception, having been the case throughout several periods in the past year), and, finally an instance where several days passed between an initial complaint by a neighbor, a subsequent call by the Clerk's Office after the neighbor called the Town because she had received no response from the SPCA, and the SPCA Officer's visit to look into the situation. Failure to attend to complaints and issue tickets has been addressed to the Town Clerk with frequent declarations to the effect of "We will try, but something more important just may come up. " Overall, Mrs. Georgia stated, it seems that the Officers are not considering the above services, which the SPCA is bound by contract to provide for the Town of Ulysses as very low-priority matters. Mr. Winograd noted that he and Mrs. Georgia had a discussions in July, and that he issued the Town a letter asking Mrs. Georgia to contact him about any problems, and has not heard from her since then. Because he did not hear from Mrs. (Georgia, he assumed that everything was going fine. Mr. Winograd also noted that his reports show that the SPCA is typically doing more in the Town than they have in years past. Mrs. Georgia stated again the severe lack of communication, and the need for this to be improved. Mr. Winograd stated that this could be improved easily by setting up a monthly meeting between her office and the SPCA Officer. Mrs. Georgia asked Mr. Winograd to have the Officer come by her office this week. Mr. Winograd stated that one officer is having surgery and the other went to be with her mother, who has become ill. Town of Ulysses 3 l C5 Regular Town Board Meeting 10/8/02 Mr. Winograd and Mrs. Georgia noted the Clerk's Office hours, and agreed that the SPCA Officer will come to the Town Clerk's Office at 9 : 00 AM on the first Monday of each month. In return, Mr. Winograd asked Mrs. Georgia to please call him if there is a problem, as he requested in a letter sent to Mrs. Georgia's office during the past summer. Mrs. Georgia noted that a large part of why she did not bring these recent problems to his attention was that said letter essentially seemed to be brushing her complaints aside. Mr. Winograd stated that he has brought about a positive change in policy at the SPCA by providing much better and more care for the rescue and adoption of strays and the care and behavior modification education and training for household pets, and noted that this does mean something of a tradeoff for other services, though not to the extent that Towns' priority services are not being handled. Once again, Mr. Winograd urged the Town Clerk to call him if there is a problem. Mrs. Duddleston, as a taxpayer and Town Board member noted that there was a very significant problem in her neighborhood that simply did not get addressed. Mr. Winograd asked what neighborhood she was referring to, and explained that tickets cannot be issued for the SPCA for anonymous nuisance dog tips. Mrs. Georgia stated that she wants the business that the SPCA is currently behind schedule in addressing to be addressed before the first Monday of November. Mr. Winograd stated that he understands everything has been done, but he will check in with Mrs. Georgia tomorrow. APPROVAL OF MONTHLY CLAIMS Mr, Scott moved to approve monthly claims numbers 367 through 420, totaling $30,552 .64 . Mrs. Duddleston seconded. Mr. Austic aye Mrs. Duddleston aye Ms. Poelvoorde aye Mr. Scott aye Mr. Weatherby aye Adopted. APPROVAL OF MINUTES : Regular Town Board Meeting of 9/10/02 Mrs, Duddleston moved, seconded by Ms. Poelvoorde to approve the minutes of the Regular Town Board Meeting of 9/ 10/2002 as presented. Mr. Austic aye Mrs. Duddleston aye Ms. Poelvoorde aye Mr. Scott aye Mr. Weatherby aye Adopted. Mrs. Georgia noted that, in reply to her request to provide the Clerk's office with the approved minutes of Planning Board and Joint Town/Planning Board minutes from April, 2002 through the present, the Planning Clerk informed her that she stopped submitting minutes for these meetings for approval. She did submit drafts for meetings through May. Mrs. Georgia noted that the Town does not have any record of these meetings other than the minutes, and this could cause real problems with requests to read the minutes, as well as leaving the Town's minute book with a gap of several months worth of meetings. Town of Ulysses 4 V:j Regular Town Board Meeting 10/8/02 TOWN REPORTS Highway Superintendent Mr. Meeker reported the Highway Department paved Brook load, worked on the Maplewood Road bridge, put down stone and oil on Brook Road, Indian Fort Road, Glenwood Heights Road, and Colegrove, hauled shoulder material, and helped the Town of Enfield with its stone and oil work. In preparation for fall and winter, the Highway Department is starting to mow back roadsides, hopefully for the last time this year. Mr. Meeker also noted that he has a quote for a 1 -ton, 4-wheel drive Ford pick-up truck, as he requested permission to look into at last month's meeting. After looking at the price quote, discussing the purchase with Mr. Meeker, and brief discussion among the Board Members, Ms. Poelvoorde moved and Mrs. Duddleston seconded the following resolution to approve the expenditure of up to $40,000 for the truck, subject to permissive referendum. BE IT RESOLVED, the Town Board of the Town of Ulysses, pursuant to Section 64 ( 14) of Town Law, hereby approves the expenditure of no more than $40,000, for the purpose of purchasing a 2003 Ford F-550, 4-Wheel Drive Pick-Up Truck for the Ulysses Highway Department. BE IT ALSO RESOLVED that this Resolution of approval is ;subject to a permissive referendum. Mr. Austic aye Mrs. Duddleston aye Ms. Poelvoorde aye Mr. Scott aye Mr. Weatherby aye Adopted. Mr. Meeker also reported that he has some tin from the roof. The individual the Highway Department hires to help with mowing has asked Mr. Meeker lo come up with a price for this material. Mr. Meeker asked the Board's opinion on this. The Board's consensus was that Mr. Meeker might give the material to the individual, as it is of no fiscal or material value to the Town of Ulysses. Mr. Meeker noted that the price of salt has gone down this year from last. Mr. Meeker also noted that he plans to try a couple of loads worth of pre-treatment for salt, called "Ice Magic" that works better particularly at lower temperatures. Mr. Austic asked what the treatment does to equipment. Mr. Meeker was not aware of any impacts the "Ice Magic" has on equipment. Mr. Austic asked if all the Town Board members had received and looked over the proposed Eagle Scout project, to do some clean-up work at the Cemetery. Mr. Meeker noted that it seems like it would be wise for the Town to send a letter demanding adult supervision during the project and disclaiming liability, considering the work plan involves the use of acid to wash the headstones with. The Board discussed this briefly, and agreed that Supervisor Austic will type up a letter or memo stipulating adult supervision during work at the cemetery. Jacksonville Community Association Mr. Coogan reported that the Tompkins County Health Department has funds available for a community education program on well abandonment procedures. Sharon Anderson, the JCA's community facilitator has been asked by TC Health Department' s John Anderson to write a grant proposal for using these funds for art educational program to serve the residents of Water District #3 . , Town of Ulysses 5 107 Regular Town Board Meeting 10/8/02 Code Enforcement Officer Mr. Rachun reported that he issued seven building permits in the past month. These were issued for three new duplexes, one new single-family residence, all on one lot. Construction costs totaled $ 830,000 and $ 1 ,510 was collected in fees. Mr. Rachun also reported that he has submitted a letter and plan from one Robert Brown, Sr. , the owner PA CEO 91E19-Tech, to construct a residenfal ranch-style building on his property located on the corner of Rt. 96 and Halseyville Road, to house his business. The Board discussed the logistics of a business like Flo-Tech being located on Mr. Brown's property. The Board agreed to discuss the subject at the Joint Town and Planning Boards' Zoning Work session tomorrow evening . Mr. Rachun noted that he feels the Board should budget for and hire an architect or other official to review plans under the new building code, which will require more time and more rigorous review of building plans. Ms. Poelvoorde asked if this should be under the heading of engineering services? Mr. Rachun agreed that this would be fine. The Board asked if Mr. Rachun is requesting additional hours for himself in the budget as well. Mr. Rachun stated he is not and does not wish to work all the extra hours it would take to adequately review all building plans under the International building code. Town Clerk Mn. Georgia reported that her office collected a total of $ 10,772 in fees during the month of September. Approximately $ 14,000 of this account's balance, NYS DEC's share for sale of DECALS Sporting Licenses for the months of August and September, has not been "swept" from the account yet due to a programming problem with two types of Sporting Licenses. These funds should be removed later this month. Board Members & Committees Mrs. Duddleston noted the Trumansburg Chamber of Commerce's hosted Planning Forums series. Mrs. Duddleston noted that the forum on Historical Buildings was scheduled for Novernber 21g. This forum was to be held at the Conservatory of Fine Arts. Mrs . Duddleston noted that the Conservatory has said the Chamber will be charged for heat for the evening if it is needed. Supervisor Austic suggested having the forum at the Town Hall, seeing as this building also is a restored, historic building. Mrs. Duddleston and the rest of the Board agreed that this would be a better solution. Mr. Austic reported on the "To Be Zoned or Not To Be Zoned" Planning Forum, noting who spoke and the wide range of views and topics covered. George Frantz presented a report on what the Town of Ulysses is working on. Supervisor Mr. Austic noted that he had copied a listing of all fund balances to the Town Board members, and called attention to the A and B Funds' Savings accounts, which have high balances as we move into the last quarter of the year. Mr. Austic repo rted that Workers' Compensation coverage would cost less this year than was expected. Mr. Austic noted that he has reduced the DA snow removal budget, with Mr. Meeker's approval. If funds above the budgeted amount are required, they can be taken out of the reserve account. REPORTS OF REPRESENTATIVES Water District Request-Rumsey-Waterburg Road This matter was addressed earlier in the meeting. Town of Ulysses 6 ,b ` 6 Regular Town Board Meeting v 10/8/02 Cable Franchise Agreement The proposed Cable Franchise Agreement with Time Warner Cable was discussed earlier in the meeting. OLD BUSINESS Water District #4-Latter Day Saints Church/Maguire This topic was addressed earlier in the meeting. NEW BUSINESS Tompkins County SPCA-Director Nathan Winograd-Budget get Presentation / Discussion of Contractual Services Issue Mr. Winograd came before the Board earlier in the meeting. Trumansburg Fire Department/Ambulance Budget Mr. Austic also reported that the Fire Budget has been revised, and reduced by $4,000, however, the Fire Budget still does not provide any kind of a detailed list of expenses. Mr. Austic stated that it would be wise for the Town of Ulysses to demand a more thorough line-item budget. The Board noted that this has been, requested for the past several years, with no improvement. The Board agreed that, somehow,. the Town really needs to be given a more detailed item-list of expenses and income, and that it would be wise to contact the Towns of Hector and Covert concerning this also . Town of Ulysses 2003 Budget The Board set a budget work session for 7 :30 pm on October 22`x, following the public hewing earlier that evening. Senior Citizens' Exemption-Increase Income Limits After some discussion, Mr. Scott moved and Mrs. Duddlestont seconded the following resolution: WHEREAS, the Town Board of the Town of Ulysses has established a maximum income real property tax exemption eligibility level, pursuant to Section 467 and Section 459 of the Real Property Tax Law, and WHEREAS, the Town Board extended eligibility by establishing a sliding scale of exemption percentages for those with income between $21,500 and $29,900 pursuant to the Real Property Tax Law, NOW THEREFORE BE 1T RESOLVED, that the resolution establishing a maximum income exemption level for persons 65 years of age or older and disabled persons adopted pursuant to Real Property Tax Law Section 467 & Section 459, are amended to read as follows: ANNUAL INCOME PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION SENIOR & DISABILITY $0 ->$21,500 50% $21,501->$22,500 45% $22,501-?$23,500 40% $23,501->$24,400 35% Town of Ulysses 7 1 °CI Regular Town Board Meeting 10/8/02 $24,401->$25,300 30% $25,301->$26,200 25% $26,201->$27,100 20% $27,101->$28,000 15% $28,001->$29,000 10% $29,001->$29,900 5% FURTHER RESOLVED, that the Town Board of the Town of Ulysses enacts sub section RPTL 467 (6b) allowing the automatic renewal of the senior citizen real tax exemption. Mr. Austic aye Mrs. Duddleston aye Ms. Poelvoorde aye Mr. Scott aye Mr. Weatherby aye Adopted. HEARINGS FROM GROUPS AND INDIVIDUALS No comments were heard from groups or individuals . CORRESPONDENCE Water District #3-Barton & Loguidice-Additional Funding Request- Mr. Austic reported the receipt of a letter concerning the archaeological survey work for Water District #3 . Because the dig has turned up artifacts in front of the Dann House, New York State mandates that the Town of Ulysses either pay to remove and catalog all artifacts unearthed from this area, allowing water main repairs to be done as needed in the future or lay the water mains underneath the artifacts, whereby the Town would have to obtain permission for any future water main repairs in the area of the Dann House historical site. The Board agreed that the first option, cataloguing the artifacts with free access to make water main repairs, was the logical one . Mr. Austic stated that Barton & Loguidice is recommending the Town increase the appropriations for the archaeological survey to "not to exceed $27, 500 " . Mr. Austic noted that this increase would not put the Town over budget for thc project. Mr. Scott asked how close this would put thc Town to its budget level. After brief discussion, the Board agreed that Mr. Austic might sign the authorization for these additional funds. Tompkins County Planning Board -Water Resource Council/Comprehensive Nan Committee Mr. Austic reported that he has a letter requesting two municipal representatives to serve on the Planning Department's Water Resource Council . Mr. Austic also reported he has a letter from the County Planning Department requesting one Town Board Member and one Town Planning Board member to represent the Town of Ulysses on the Planning Department's Comprehensive Plan Committee. Cayuga Nature Center-Funding Request Mr. Austic stated that the Town of Ulysses has received a request for funds from the Cayuga Nature Center, to support the services it provides Town of Ulysses residents. Ms. Poelvoorde commented that according to Town Law it would be inappropriate to give donations to organizations. The Board agreed. Highway Department-New Truck Purchase Ms. Poelvoorde moved to approve the purchase of a 2003 F- 550 Four-Wheel Drive Pick- up Truck by the Town of Ulysses Highway Department subject to the maximum expenditure of $40,000, as set in the resolution subject to permissive referendum to Town of Ulysses 8 Regular Town Board Meeting 10/8/02 approve the removal of these funds from the Town's reserve fends. Mrs. Duddleston seconded. Mr. Austic aye Mrs. Duddleston aye Ms. Poelvoorde aye Mr. Scott aye Mr. Weatherby aye Adopted. E-Mail From Bruce Babcock Ms. Poelvoorde asked what brought about an irate e-mail from local resident and property owner Bruce Babcock, and how the Town responded. Mr. Austic and Mrs. Georgia stated the Town has not responded, as the Town of Ulysses has not done anything that Mr. Babcock alleged (withheld his records, sent him certified notices/letters) and the assessment of properties is done at the County level, not the Town level. Ms. Poelvoorde asked what happened. Mrs. Georgia reported that he apparently feels his assessment was raised unjustly. Other Considering the Town's fund balances, Mr. Scott asked Mr. Meeker what he feels the Town needs to do to maintain and/or improve the highway department buildings for the next few years. Mr. Meeker noted that the roof, as noted before, needs repairs. Mr. Meeker stated he has been considering taking down the old storage shed and building a lean-to against the wall of the newer storage shed. The most urgent need, of course, is the roof of the main building, which is in need of extensive repair. ADJOURNMENT . Hearing no further business, Mr. Weatherby moved and Ms. Poelvoorde seconded to adjourn the meeting. Mr. Austic aye Mrs. Duddleston aye Ms. Poelvoorde aye Mr. Scott aye Mr. Weatherby aye The meeting adjourned at 9 : 55 pm. Respectfully Submitted, Marsha L. Georgia Ulysses Town Clerk .5 Allt 4, • • f