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HomeMy WebLinkAbout2003-11-10 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING NOVEMBER 10, 2003 PRESENT : Supervisor Doug Austic ; Councilpeople Carolyn Duddleston, Sue Poelvoorde, Lee Scott, Councilman Robert Weatherby absent ; Town Clerk Marsha L. Georgia. Others Present : Richard Coogan, Chairman Planning Board ; Mr. & Mrs . David Klein; Roxanne Marino and Don Ellis Supervisor Austic called the meeting to order at 7 : 30 p . m . , and led those assembled in the Pledge of Allegiance to the Flag of the United States of America. APPROVAL OF MINUTES — SBM 10/9/03 , RBM 10/14/2003, SBM 10/28/2003 After minor corrections and/or changes noted to the Town Clerk, Mrs. Duddleston moved, seconded by Mr. Scott to approve the minutes listed above. The Joint Meetings with the Planning Board were tabled until the Planning Board can also review. Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Adopted. APPROVAL OF CLAIMS Ms . Poelvoorde moved, seconded by Mrs . Duddleston to approve the previously examined vouchers # 458 through 528 in the amount of $ 63 , 692 . 57 . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Adopted. REPORTS OF REPRESENTATIVES County Representative Peter Penniman — absent attending Village of Tnimansburg Meeting Trumansburg Fire Department — no one in attendance. Planning Board Chairman Richard Coogan — Mr. Coogan reported the Planning Board has finished their review on the draft Zoning Map and has submitted comments . There probably is one area that they may choose to go back to and review again and that is the Stover Lumber Yard. The Planning Board missed that it is a B1 and they had suggested that it be rolled into the Al District and be a non-conforming use . The Planning board has a meeting scheduled for the review of Flo-Tech as a PDD on the 12th of November 2003 . TOWN REPORTS James Meeker Highway Superintendent reported that they hauled hot mix for the Village of Trumansburg paving project and are mowing back roadsides . They are working with the Towns of Enfield, Newfield, and Caroline putting shoulders in. In the Regular Town Board Meeting 11 / 10/2003 Town of Ulysses, they put shoulders on Pine Ridge Road, Durliing Road and the lower end of Agard Road. He has started working on trucks and plows getting them ready for winter. He had the new Salt Box installed and also ordered salt. Alex Rachun Code Enforcement Officer — absent no report available. Marsha L. Georgia Town Clerk reported that a total of $ 3 , 871 . 00 was collected in the month of October and of that $ 655 . 83 was turned over to the Supervisor along with her monthly report. She also collected $ 3 ,722 . 00, which is for 21 plumbing permits, 3 additional water taps and 2 contractor registrations for Water Districts. Mrs . Georgia also reported that she met with Tom Christian from NYS Environmental Facilities Corporation as M/WBE-EEO Officer. They reviewed, the reports that are necessary for the contractors on the Water District #3 . R. Myers Contractor, Inc . has completed the Utilization Plan and he has filed his necessary monthly reports . Mrs . Georgia has completed the first quarterly report to NYS . Blanding Electric although has not done their Utilization Plan and they are not in compliance . She has notified Mr. Phil Hores of Blanding Electric and requested this information again. She also advised them the first payment they have requested will be held until this Utilization Plan is received . Mrs . Georgia noted that if the reports are not filed properly NYS Environmental Facility could hold up the payments to the Town. Board Members and Committees — no reports . Douglas Austic, Supervisor reported he attended a meeting on. the Hazard Mitigation Plan and they have selected a consultant, Thomas Associates, who will work with another firm. They selected them to be the consulting firm to do the plan, simply because they do have a local representative, in Ithaca and they have had a lot of success with the larger company in working with the FEMA Regulations, plus they will supply a program to the Towns so that we can input information and have a computer record so in the future the Town can have a better record of events . They are going to start the plan and what the Town needs to do is get public input as to what business or residents see as disasters in the Town of Ulysses . This has to be done by March 2004. Ms . Poelvoorde asked if Kate Hacket would be available to come out to each Town. Mr . Austic stated that Thomas Associates will supply basic information on what they are looking for, probably will not have time to go to each municipality and have a meeting but they will, if requested, do what they can do to help or Kate Hacket will do what she can, but they aren' t anticipating coming out to each municipality. Supervisor Austic reviewed his financial report — no questions were heard . Mr. Austic stated that Sales Tax Revenue is up and the Board may want, at the end of the year, to put some of that into the B Fund for future planning and development issues . OLD BUSINESS Water District #3 Progress Report Supervisor Austic reported that the only thing left to be done with the main water line is the section from Route 96 down Jacksonville Road to the intersection of Cold Springs Road. When the weather was bad last week and the Forman was gone, they stopped working on the main line and started to install some of the curb boxes . They finished curb boxes on VanDorns Corners Road. The tank on VanDorns Corners Road is complete and the pumping station is being delivered Thursday. The project is ahead of schedule so it may be possible to get water before spring. Town of Lansing Watercraft Ordinance Supervisor Austic received the Town of Lansing' s Watercraft Ordinance that was adopted by their Board on October 8th, 2003 . He has made copies of this ordinance for the Board to review . Tompkins County is pushing that Ulysses pass something and their suggestion is that the Town do something similar or the same as Lansing . Mr. Austic 7 Regular Town Board Meeting 11 / 10/2003 asked the Board to review so the Town can do something in the near future . He suggests that it be done as a Local Ordinance and not make it part of the Zoning Ordinance. Mr. Austic will also pass this on to the Planning Board for their review and comments . Other Supervisor Austic is in receipt of a request for money from the Trumansburg Chamber of Commerce, Festival of Lights . Mr. Scott moved, seconded by Mrs . Duddleston to authorize Supervisor Austic to contribute the same amount of money that was done in 2002 . Mr. Austic aye Ms. Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Adopted. Mrs . Duddleston asked if the Town of Ulysses planned on participating by having an open house at the Town Hall? Mrs . Georgia answered that yes Historian Esther Northrup plans on having her display of historical items she has on file here . NEW BUSINESS R. Myers Construction Payment Request Supervisor Austic received the payment request and also the recommendation from the engineers for the third payment. Mrs . Duddleston moved, seconded by Ms . Poelvoorde the following : WHEREAS, the Town of Ulysses has received the certified Third Submission for work completed through October 24, 2003 Contract No . lA — General Construction DWSRF Project No . 16097 and WHEREAS, the total amount of work done to date is $ 1 , 599,428 . 59 . No monies are being requested for stored materials under this payment and, WHEREAS, a retainage of five percent (5 %) of the value of work done to date and materials stored onsite, totaling $ 79 , 971 . 43 , has been withheld from the payment per the Contract Specifications and WHEREAS, the total amount due the contractor for the third payment is $443 ,012 . 30 and, WHEREAS, Barton & Loguidice, after review, authorize the Town Board of the Town of Ulysses to make the third payment to R. Myers Construction, Inc . in the amount of $443 ,012 . 30 for work completed for the period ending October 24, 2003 , NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Ulysses authorizes Supervisor Austic to issue a check to R. Myers Construction, Inc . in the amount of $443 , 012 . 30 for the third payment for Town of Ulysses Water District No . # 3 Water System Improvements . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Adopted. 2 Regular Town Board Meeting 11 / 10/2003 Blanding: Electric Inc. Payment Request Supervisor Austic received the payment request and also the recommendation from the engineers for the first payment. Mr. Austic moved, seconded by Mr. Scott the following : WHEREAS, the Town of Ulysses has received the certified First Submission for work completed through October 28 , 2003 Contract No . 1B — Electrical Construction DWSRF Project No . 16097 and WHEREAS, the total amount of work done to date is $ 1 ,410 . 00 . No monies are being requested for stored materials under this payment and, WHEREAS, a retainage of five percent (5 %) of the value of work done to date and materials stored onsite, totaling $70 .00 , has been withheld from the payment per the Contract Specifications and WHEREAS, the total amount due the contractor for the first payment is $ 1 ,340 . 00 and, WHEREAS, Barton & Loguidice, after review, authorize the Town Board of the Town of Ulysses to make the first payment to Blanding Electric , Inc . in the amount of $ 1 ,340 .00 for work completed for the period ending October 28 , 2003 , NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Ulysses authorizes Supervisor Austic to issue a check to Blanding E1eci:ric, Inc . in the amount of $ 1 , 340 . 00 for the first payment for Town of Ulysses Water District No . # 3 Water System Improvements . FURTHER RESOLVE that this check for $ 1 ,340 .00 not be mailed until Blanding Electric, Inc . has provided the requested Utilization Plan that Marsha L. Georgia, Minority Business Enterprise Officer has requested from Mr. Phil Hores, Project Manager. • Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Adopted . Schedule Town Board Zoning Review A Special Town Board Meeting was scheduled for November 13th, 2003 at 6 : 30 p .m. for the continuing review of the Draft Zoning Ordinance . Moratorium Consideration Attorney Bruce Wilson faxed up a copy of the "Local Law Imposing A 180-Day Moratorium On Applications To The Town Planning Board For A Subdivision Under Its Existing Ordinance" . The Board reviewed the document that was presented to them and made changes . The following represents the corrected document. A LOCAL LAW IMPOSING A 120 •DAY MORATORIUM ON THE DIVISION OF EXISTING PARCELS IN THE TOWN OF ULYSSES BE IT ENACTED by the Ulysses Town Board as follows : SECTION I Purpose and Intent. Pursuant to the statutory powers vested the to , the Ulysses Town Board use and to protect the health, safety and we lfare of its residents, A . . . . Regular Town Board Meeting 11 / 10/2003 hereby declares a 120-day moratorium on any division of an existing lot in the Town of Ulysses . The Town of Ulysses is in the process of finalizing a revision of its zoning laws, which is scheduled to be completed in the next several months . The current real estate market is very active and there are large, undeveloped areas of lands in the Town where major development can happen pending the enactment of the new zoning. The Town's subdivision law needs to be revised to comport with the other provisions of the revised zoning law . If these large, undeveloped areas of land are divided, the zoning law revisions now pending will be substantially compromised to the detriment of the health, safety and welfare of the Town and its residents . SECTION II Imposition of Moratorium A. For a period of 120 days from and after the effective date of this law, no division of land may be filed, accepted or processed in the Town of Ulysses. For the purpose of this law, a division of land shall be deemed to mean the division of an existing parcel or the transfer of title to a parcel or part thereof. B . The imposition of the law shall not effect the processing of applications for subdivision for which approval has been granted prior to the effective date of this law and for existing subdivisions . SECTION III Hardship A. Should any owner of property affected by this local-law suffer any unnecessary hardship in the way of carrying out the strict letter of this local law, then the owner of said property may apply to the Ulysses Town Board in writing for a variation from strict compliance with this local law upon submission of proof of such unnecessary hardship . For the purposes of this local law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a variance, special permit, site plan, subdivision or other permit during the period of the moratorium imposed by this local law . A showing of uniqueness of the hardship shall be necessary. B . Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this local law, the Ulysses Town Board shall, within twenty (20) days of receipt of said application, schedule a public hearing on said application upon five (5) days' written notice in the official newspaper of the Town . At said public hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Ulysses Town Board shall, with ten ( 10) days of the close of said public hearing, render its written decision either granting (with or without conditions) or denying the application for a variation from the strict requirements of this local law. If the Ulysses Town Board determines that a property owner will suffer an unnecessary hardship if this local law is strictly applied to a particular property, then the Ulysses Town Board shall vary the application to this local law to the extent necessary to provide the property owner relief from strict compliance with this local law . SECTION IV Validity If any section, sentence, clause or phrase of this law shall be held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this law . SECTION V Effective Date This law shall be effective upon the filing in the Office of the Secretary of State . Mr. Scott moved, seconded by Mrs . Duddleston the following : c Regular Town. Board Meeting 11 / 10/2003 BE IT RESOLVED that the Town Board of the Town of Ulysses precede with the process of establishing a moratorium on the division of existing parcels in the Town of Ulysses . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye • Adopted. Having adopted the foregoing resolution a public hearing was scheduled for November 24th, 2003 at 7 : 00 p .m . It was decided that the Fire Hall might be a better location. The Clerk will check on the availability of the Trumansburg Fire Hall for the Public Hearing on the 24th of November. This Local Law will be submitted to Tompkins County Planning for 2391/m review and SEQR will have be done the night of the public hearing. Supervisor Austic asked Ms . Poelvoorde to work on the SEQR application and it also was suggested that Mr. Rachun could do this . Computel Consultants Computel Consultants had previously contacted the Town to review all the utility bills to determine if the Town had been overcharged. They have a class action settlement from NYSEG, which will apparently pay the Town $ 1 ,000 for overcharging on streetlights. A resolution has to be passed to authorize Mr. Austic to sign an acceptance and release agreement for the settlement. Mr. Scott moved, seconded by Mrs . Duddleston the following resolution : WHEREAS , the New York State Public Service Commission instituted formal proceedings to consider the past billings and other issues, claims or disputes in connection with the rendition of street lighting services by New York State Electric & Gas Corporation ("NYSEG") ; and WHEREAS , the Town of Ulysses intervened in such proceedings ; and WHEREAS , the Town of Ulysses engaged Compute] Consultants (" Computel ") to represent the Town of Ulysses in such proceedings and negotiate on its behalf in :cegard to all issues , claims or disputes pertaining to street lighting services rendered by NYSEG to the Town of Ulysses , including, but not limited to, its past NYSEG streetlighting bills ; and WHEREAS , negotiations between NYSEG and Computel have resulted in a settlement and release agreement between NYSEG and the Town of Ulysses; and WHEREAS , Computel has recommended the acceptance of such settlement and release agreement, NOW THEREFORE BE IT RESOLVED, that Supervisor Douglas Austic is authorized and directed to execute a settlement and release agreement with and to deliver the same to NYSEG . The settlement and release agreement is in accord and satisfaction for all issues, claims or disputes pertaining to street lighting services rendered by NYSEG vo the Town of Ulysses for the period set forth in the settlement and release agreement. Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Adopted. A Regular Town Board Meeting 11 / 10/2003 Budget Approval Mr. Scott moved, seconded by Mrs . Duddleston the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the 2004 Budget as presented by Supervisor Austic . Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Adopted. Disaster Mitigation Plan Approved Consultant Previously discussed . Highway Shared Equipment Agreement Supervisor Austic asked James Meeker the Highway Superintendent about this agreement. He does not think that it is any big deal . It is an agreement that if municipalities borrow each other' s equipment it will be returned in the condition that it was received. Mr. Meeker does feel although that if he borrowed a backhoe for example and the transmission went out it should be the responsibility of the, Town that owns the equipment to replace it. Something like that would be an unforeseeable breakdown, but he does see replacing something if the equipment was misused. Many of the other Towns think it may not be a good agreement. The Highway Superintendents have a meeting scheduled for this Thursday. All of the Towns have been sharing equipment for years without any agreement and a lot of the Towns feel this formal, written agreement is unnecessary. The board tabled this agreement until Mr. Meeker gets back to them. Town of Ithaca Letter of Intent, SEQRA Supervisor Austic stated that the Town received the letter of intent from the Town of Ithaca to be lead agency on their SEQR for their new Zoning Ordinance. The Board feels that they do not want to be lead agency and Mr. Austic will send them a letter so stating that. Resolution Subject to a Permissive Resolution Mr. Austic moved, seconded by Ms . Poelvoorde the following : BE IT RESOLVED that the Town Board of the Town of Ulysses pass a resolution to withdraw monies from the Town of Ulysses Highway Equipment Reserve Fund for the purchase of a 8 ' Hydraulic Salt Spreader in the amount of $ 3 , 895 . FURTHER RESOLVE that this resolution, pursuant to § 65 ( 14) of the Town Law, is subject to a permissive referendum and will be so advertised in the Town ' s Official Newspaper. Mr. Austic aye Ms . Poelvoorde aye Mrs . Duddleston aye Mr. Scott aye Adopted. Other None heard . Regular Town Board Meeting 11 / 10/2003 Public Comments Mr. Kline asked if he could get a copy of the Draft Zoning Ordinance. Mrs . Georgia will make a copy of the ordinance and he can pick it up on Wednesday. Ms . Marino asked how soon the Board would be voting on the moratorium? Mr. Austic stated that they could vote on it that evening after the public hearing. Correspondence Previously discussed. Adjournment Hearing no further business Mr. Scott moved, seconded by Mrs . Duddleston to adjourn the meeting. Unanimously approved, meeting adjourned at 8 : 50 p . m. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mg r 52