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HomeMy WebLinkAbout2003-04-08 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING APRIL 8TH, 2003 PRESENT : Supervisor Douglas Austic ; Councilpeople Lee Scott, Sue Poelvoorde, Carolyn Duddleston and Robert Weatherby; Highway Superintendent James Meeker; Code Enforcement Officer Alex Rachun and Town Clerk Marsha L. Georgia. Others Present : Brain, Ithaca Journal Reporter, Peter Penniman Representative County Board and Christian Boisonnas, Ulysses Representative Tompkins County E .M . C . 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. APPROVAL OF MINUTES -Regular Town Board Meeting of 3/11 /2003 After minor corrections and/or changes Mrs . Duddleston moved, seconded by Ms . Poelvoorde to approve the minutes of the Regular Town Board Meeting of March 11 , 2003 . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. APPROVAL OF MONTHLY CLAIMS Ms . Poelvoorde moved, seconded by Mrs . Duddleston to approve the previous examined vouchers # 125/ 181 in the amount of $ 61 , 524 . 37 . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. REPORTS OF REPRESENTATIVES Christian Boisonnas, Representative Tompkins County E .M. C. Mr. Boisonnas asked for direction on reporting about the County' s Comprehensive Plan. Mr. Austic stated he also attends meetings on this but would like to hear from him when E .M. C . touches on topics they are concerned about to hear their perspective . Mr. Boisonnas stated right now Tompkins County Planning has issued a listing of Tompkins County Water Bodies of concern that come from DEC . His question to the Board is "Does the Town wish to have any streams in Ulysses added to this list?" The Board responded that maybe have Taughannock Creek, Trumansburg Creek and/or Botler Creek. Mr. Boisonnas also reminded everyone of the program Jacksonville Association is putting on next week April 16, 2003 , at 7 : 15 PM on "Well Closing" and other information on the water district . Trumansburg Fire Department No one in attendance . Regular Town Board Meeting 4/8/03 Eric Pond, Barton & Loguidice Mr. Pond decided not to attend but he did provide the Map, Plan and Report for the Duboise Water District (Water District # 4) . Peter Penniman, Representative TC Board of Representatives Mr. Penniman arrived late see report after Old Business . TOWN REPORTS I Highway Superintendent Mr. Meeker reported that the highway crew plowed and salted as needed . He did get a new delivery of salt and they will bill him for an additional charge beyond the original state bid price. Code Enforcement Officer Mr. Rachun reported he has issued five building permits, four for additions and one business . The Zoning Board of Appeals met on the Trumansburg Golf Course for an area variance and it was denied. The other business is the request of Mr. Robert Brown who purchased the property that was designated in the Town ' s Comprehensive Plan as a "Tourist Commercial Zone" . What Mr. Brown would like to do is utilize Chapter 4 of the Comprehensive Plan under implication using existing farm buildings that are no longer b6ng used for farming. He wants to restructure the farm building on Halseyville Road and use it as a storage facility for his manufacturing operation (Flo-Tech O& P Systems, Inc . ) This is currently operating out of the old Maguire Chevy building. Mr. Austic asked why he is indicating on the map he is going to subdivide. Mr. Rachun stated Mr. Brown wants to subdivide . This is an entirely separate issue. One lot would be for his daughter to build a house. He also wants to subdivide the business out of the whole parcel . Mr. Austic asked if he had to do that. Mr. Rachun said he does not have to do that but he has been advised to for tax reasons . Mr. Austic stated the rule might state he has to live on the property for a cottage industry in the new zoning. Mr. Rachun stated he feels he wants to push this through before the new zoning goes into effect . However Mr. Austic gated if the board pushes it through it would have to meet with the new zoning requirements . Ms . Poelvoorde stated he would not be able to sub-divide, except the lot for his daughter. Mr. Austic asked if he would be okay with this . Mr. Rachun felt he would be . He stated as long as he keeps the barn and the house together so he is living on the same lot . He does not want to add to it . He wants to build behind it. A facility that would meet all the environmental requirements for this type business, which the business is a fairly self-contained business . There are no by products except for stuff that is trucked out, recycled and brought back. The plastic that is not used in the prosthetic devises comes back as mold plastic . A very environmentally friendly business. Mr. Rachun gave him the Site Plan Review requirements and told him it would be passed on to the Town Board for direction. We have nothing in the current zoning. We do have something in the Comprehensive Plan and something purposed in the new zoning ordinance . Mr. Rachun told him if he wanted to wait for the new ordinance it would be an easy fit. It would require a change in zoning under the current zoning. Change of zoning is always subject to spot zoning, but being it is purposed as a mechanism or a device to be used in the new zoning and already exists in. the Comprehensive Plan under Chapter Four, Mr. Rachun feels there is a possibility it could withstand this . Mr. Austic asked when he wanted to do this . Mr. Rachun is not sure . Mr. Austic stated it would take the Board a couple of months . Mr. Rachun stated he thinks he has a six-month extension at his present location. Mr. Austic stated this has been talked about during the zoning revision meetings and everyone thought it is something that could work at that location and it is in the Comprehensive Plan. Mr. Austic asked the Board if they wanted this passed on to our attorney to see how it could be done under our present zoning.. In the meantime refer it to the Planning Department for their consideration. Mr. Rachun has already told Mr. Brown k . a Regular Town Board Meeting 4/8/03 to start the Site Plan Review process . Mr. Scott recommended to Alex that Mr. Brown get a hold of the State DOT and find out about the intersection of Halseyville Road and Route 96 because he believes there is a plan for that intersection to be completely re- done . Mr. Meeker stated the State DOT might not let him have his main driveway where he is purposing it. The Planning Board may have a recommendation for this . Mr. Austic stated this would be sent to the Planning Board for them to look at for changing the zoning, we are asking for their opinion or suggestions . The Board wants the Planning Board to review the proposal of Robert Brown Sr. to develop the site he owns on the corner of Halseyville Road and Route 96 . They should review this under Chapter Four of the Comprehensive Plan as a Cottage Industry for his Flo-Tech business . Ms . Poelvoorde stated the intent is in the new zoning ordinance but at this time we may not be able to use it, but may be able to use the Comprehensive Plan . Mr. Rachun reported he and his Deputy Zoning Officer spent one day last week going over the Town looking for junk cars and he is going to do it again this Saturday. He asked to be notified if any cars he is unable to see to be reported to him . He reports he has issued about thirty violations . Town Clerk Mrs . Georgia reported $ 133 . 50 was collected in total fees and, along with her monthly report, $651 . 14 was turned over to the Supervisor. She also reported she had met with Williams Law and was given a demo of the Water Software they have . It is a good program ; the Village of Trumansburg uses the same program at present . She feels it ' s best to get installed now so her office will be familiar with the program when the Water District is in place . They would be able to use it now for the other two districts they bill . Also previously Mr. Austic and Mr. Rachun had looked at a Building/Zoning program. At the time it was not available in Windows format, but is now. It also allows you to use a digital camera that would interface with the program to store pictures of property attached to their tax parcel file. Mrs . Georgia stated she spoke to Attorney Bruce Wilson about the purchase of New York Municipal Formbooks (2 Volumes) he uses . The cost is $ 125 through Bruce. They have a lot of useful information like sample resolutions and reference material . The voucher the Board processed to Upstate Office is for the purchase of a used Steelcase bookcase that will be in the conference room and be available for Board members to keep there information. Board Members Mrs. Duddleston reported she is still working with NYSEG on the removal of brush on VanDorns Corners Road. Supervisor Supervisor Austic reviewed the previously distributed Financial Statement and no questions were heard. He did point out adjustments to be done on a few accounts such as the Equipment account. The Court will need to purchase a new computer because the four-year-old system they are using now will not support the new program. OLD BUSINESS Town Hall Phone System After checking prices for phones systems on State Bid (State $ 500 more) the Clerk ordered the phone system from All-Mode because it was a better price . The phones have been installed and the training has been completed . Also Frank Zgola of All-Mode advertised the old phone system on the Internet for sale and has received a couple of offers . Mrs . Georgia is waiting for a confirmation and Regular Town Board Meeting 4/8/03 purchase offer from one that is interested for a price of $250 . Once the purchase order is received she will ship the phones COD . Other No other old business Peter Penniman, Representative TC Board of Representatives Representative Penniman stated he does not have much to report unless the Board wanted to hear about the State Budget. Before going into that, he handed out an article he found in the New York Times about Cargill Salt in Lansing, for any cne interested . The State Budget will have some negative impacts on the County Budget, not as bad as last year, but probably a net of about $ 800 ,000 to $ lmillion negative effect . Mostly in the areas of Public Health/Mental Health and Special Services (DSS ) . It has been real confusing and obviously not over yet, because of so many changes in the way programs function. It is only now people are figuring out the way the re- imbursements are working and the different regulations Governor Pataki implemented. It is certain things are being cut will have to be faced in the fall is whether we want to keep doing this at County expense or just cut them out. Mr. Austic stated "like youth programs" . Mr. Penniman answered yes and a lot of the programs are preventive programs , educational programs, some of the things that have long term benefits get cut out and have more people at risk, either getting in trouble or having health problems . One of the things that has become optional is home care, that is done by the Public Health Department, it was reimbursed at a 30% rate of State funding and in the new budget has been eliminated so it would be a 100% County funding to keep doing it. Some times the alternative is much more expensive and people cannot stay in their homes sometimes without it . Another program to be looked at is the Recreation Partnership, in looking at the County Budget and trying to cut areas, some of the County legislatures are looking at cutting this under the theory they got into it to help get the Recreation Partnership formed but it is traditionally a municipal function and City. Mr. Austic stated he does not see the Town of Ulysses putting into this what they are talking about. He feels that Ulysses may just pull back and have more programs at Trumansburg School, because they are purposing it to go to $ 19 ,000 or more and now it is at $ 6000 . Mr. Penniman stated that the other related recreational facilities they are looking into for the cost of operating are Cass Park and Stewart Park. The City has been stating for years that they arc contributing these facilities to the users of the County, partly for the Recreation Partnership , and also for the general public to use and they don ' t have the same fees for everyone to go there and they are running at a loss of about $ 500 ,000 a year for an operating. cost. So they are trying to get the County and the Town of Ithaca to become equal partners with a cost of about $200,000 a year per partner. The County is not agreeing to it so it is leaving the City of Ithaca to have to decide whether to pass more of the cost over to the Recreation Partnership or have two sets of fees for in the City and out of fiche City residence . They have not decided and may have to close some of the facilities . At these tight budget times these are some of the things coming up . NEW BUSINESS Push Back Resolution Mr. Austic is in receipt of a request to join a group of municipalities and residents who are protesting the State ' s use of property tax to cover the cost of state mandates . They are asking our board to pass a resolution (two samples provided) demanding the State to address property tax relief, and forward the resolution to the ( governor and our representatives in the State Legislature. Resolution No . 1 is titled Unfunded Mandates and Resolution No . 2 is titled Excessive Property Tax Burden. NYS Association of Towns adopted the first resolution and the second one was drafted by PushBack and is broader based. Ms . Poelvoorde stated the second resolution is a broader resolution and so moves, seconded by Mr. Weatherby the following: n Regular Town Board Meeting 4/8/03 Excessive Property Tax Burden Whereas, New York State relies primarily on income tax and sales tax as a sources of revenue, while local governments and schools rely primarily on property tax and sales tax , and Whereas, income taxes have been reduced significantly over the last 15 years under both Republican and Democratic administrations, and Whereas, property taxes have been rising statewide at an accelerating rate, and Whereas, State actions that shift expenses and impose new costs on local governments and school systems have been a driving force behind these property tax increases, and Whereas, the STAR program provided significant property tax relief to homeowners, but this relief has been negated by further costs shifts that have overwhelmed the impact of STAR, and Whereas, the total tax burden in New York State has now been transferred to an excessive degree onto property tax , and Whereas, this excessive reliance on property tax results in an unfair allocation of taxes that harms particularly vulnerable businesses and homeowners, now therefore be it Resolved, that the Town Board of the Town of Ulysses calls on the Governor and Legislature to resolve the current State budget crisis without resorting to measures that simply reallocate costs to schools and local government and force further property tax increases that will result in the loss of jobs and homes . Mr. Austic aye Ms . Poelvoorde aye Mrs. Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. Dubois Road Water District Supervisor Austic stated Eric Pond of Barton & Loguidice has provided the Town with a Map, Plan & Report revisions for Water District # 4 . As previously discussed, in the near future, some of the residents on the lower part of Dubois road are planning on coming in, such as the Francis Racker Center and Hinging Post, to request extention of the water district . The point was it does not make much sense to install a 2" line for District # 4 and than take it up in the future and put in a 8 " line . The way the Town Law reads under Section 192-a is that the Town can create excess water supply if they feel it is in the interest of the Town in the future. So if the Town accepts the revised Map, Plan and Report dated April 2003 , which includes increasing the line size from 2 " to 8 " for a cost of $ 11 , 847 . Having explained that Mr. Austic moved, seconded by Mr. Scott the following resolution : Whereas, the Town Board of the Town of Ulysses did duly form Ulysses Water District # 4 on December 10, 2002 and Whereas , it has become apparent that a petition to extend water to other sections of the Town is under consideration, and Ac Regular Town Board Meeting 4/8/03 Whereas, Water District # 4, as established, does not plan for sufficient piping sizes to supply water other than to the residents for which it was formed, Now Therefore Be It Resolved, the Town Board of the Town of Ulysses adopt the revised Map, Plan and Report for Ulysses Water District # 4 dated April 2003 amended to increase pipe sizes to 8 inch ductile iron with all upgrades to allow the future extension of the water district ; and Be It Further Resolved, the added cost of the above upgrades will be assumed by the Town as a town-wide expense, with the ability to charge future expansions for said upgrade, pursuant to Town Law section 192-a for excess water capacity. Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted Supervisor Austic stated that this expenditure for the added cost to this district would be subject to a permissive referendum . Ms . Poelvoorde moved, seconded by Mrs . Duddleston the following resolution: Whereas, the Town Board of the Town of Ulysses has resolved to create an excess water supply for Water District # 4 to plan for future expansion of the district. Whereas, under the provisions of the revised Map , Plaa and Report for April 2003 Ulysses Water District # 4, to be paid to Water District # 4 as a reimbursement of its expenses for future town benefit in an amount not to exceed $ 11 , 847 . 00 . Now Therefore Be It Resolved, the Town Board of the Town of Ulysses advertise in the official newspaper for a permissive resolution allowing the expenditure of funds from the water development reserve fund in an amount not to exceed $ 11 , 847 . 00 to fund the excess water supply created in the Ulysses Water District # 4 amended Map , Plan and Report Apnl 2003 . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. Zoning Ordinance Meeting Scheduling The Board set a meeting to review the draft Zoning Ordinance for Monday April 21st, 2003 , at 5 : 30 PM in the Town Hall . Robert Brown Request Previously discussed under the Code Enforcement Officer' s report. Other Supervisor Austic has received information from the State Comptrollers Office about charging 4 . 5% for State Retirement per payroll . The Town, ( for this year) has budgeted Regular Town Board Meeting 4/8/03 enough money to cover it. If they use the 11 % to 15 % the Town would not have enough budgeted . HEARING FROM INDIVIDUALS AND GROUPS None heard. CORRESPONDENCE Senator Schumer Supervisor Austic has a letter from Senator Schumer regarding his Local Aid Stimulus Package of 2003 . It is a bi-partisan bill so-sponsored by Senator Olympia Snowe that would provide states and localities with $40 billion immediately. One-half of the funds will go directly to states and one-half of the funds will go directly to cities and other localities . The individual amount received will be based on size, as measured by population and need, as measured by unemployment. This shot in the arm will not be a long-term revenue sharing program . It will be a one-time grant to help weather the current crisis . The plan would provide immediate short-term economic stimulus that would help local governments address some of these difficult problems . They ask municipalities to support this bill and have provided a sample letter of this support . The Board felt the sample letter did not work . Ms. Poelvoorde moved, Mr. Scott seconded a resolution authorizing Supervisor Austic to draft a letter in support of Senator Schumer' s "Local Aid Stimulus Package of 2003 " that provides one time Federal assistance to State and Local Municipalities during the fiscal crisis . Mr. Austic aye Ms . Poelvoorde aye Mrs. Duddleston aye Mr. Scott aye Mr. Weatherby aye Adopted. Girl Scout Request Mr. Austic received a letter asking if the Town could donated $ 75 to the Girl Scout troup to help in the Ester Egg Hunt they are sponsoring at the Jacksonville Association for children in the area. The Board stated that based on Town Law they are unable to donate for this . The Board did feel they personally might be able to raise the money. ADJOURNMENT Hearing no other business Ms . Poelvoorde moved, seconded by Mr. Weatherby to adjourn the meeting. Unanimously approved the meeting was adjourned at 9 : 05 PM. Respectfully submitted, � ' fl s Marsha L. Georgia Town Clerk MLG : mg