HomeMy WebLinkAbout2005-04-12-RTB TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
APRIL 12, 2005
PRESENT : Supervisor Doug Austic , Town Councilpeople Lee Scott, Robert Weatherby;
Roxanne Marino and Don Ellis; Recording Secretary Robin Carlisle; Town Clerk Marsha
Georgia absent; Highway Superintendent James Meeker; Deputy Supervisor Richard
Coogan.
Others present : Attorney Bruce Wilson; Code Enforcement Officer Alex Rachun and
Rob Licht and Jane Miller, Representing Ithaca Triathlon and Kerrie Fisher of the Ithaca
Journal .
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 : RTBM 3/8/05, SBM 1 /25, 2/1 ,2/15,2/22,3/3, 3/17 & 3/24
Ms. Marino presented changes and corrections to the above minutes . Mr. Ellis moved to
approve the minutes as changed or corrected by Ms . Marino , seconded by Mr. Scott.
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby aye
Ms . Marino aye — abstained on 3/8/05 due to being absent
Mr. Ellis aye
Adopted.
APPROVAL OF CLAIMS
Mr. Scott moved, seconded by Mr. Ellis to approve the previously examined voucher
numbers 128 through 198 in the amount of $ 56 ,929 . 72 .
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby aye
Ms. Marino aye
Mr. Ellis aye
Adopted .
REPORTS OF REPRESENTATIVES,
• Peter Penniman, County Representative — absent
• Trumansburg Fire Department, Representative — absent
• John Wertis, Planning Board Chairman — absent
Mr. Coogan reporting for Mr. Wertis — The Ulysses Planning Board and the
Trumansburg Planning Board are co-hosting a presentation by Andrew Zepp , Director of
the Finger Lakes Land Trust on Tuesday, April 19th, 2005 at 7 PM at the Village Hall .
Mr. Zepp ' s presentation will be on the Conservation of Open Land and the different
strategies for protecting it . Mr. Zepp will also discuss the role the Finger Lakes Land
Trust in preserving land as well as what the Trust can and cannot do to help
municipalities preserve open space . Mr. Wertis is encouraging all Planning Board
members, Town Board Members, and Village Trustees to attend this presentation
Rob Licht (for Mark Valley), Triathlon Rt 89 — Mr . Licht asked the Town Board to
approve the closing of Route 89 during the five hours the triathlon would be taking place.
Mr. Licht reported that last year the Triathlon was very popular and this year they are
2
expecting over 600 athletes to participate in the event with more than a thousand people
assisting and cheering the athletes . This will be a larger crowd then they have had in the
previous years . The Triathlon committee is concerned about the traffic on Route 89
during the event, which will take place August 7th, 2005 from 7 AM to 12 Noon and has
been working with Taughannock State Park to have Route 89 closed to through traffic
between Gorge Road and Taughannock Park Road during this time . The NYS DOT told
the committee that it would be up to the Town of Ulysses to approve the closing of the
road for the event .
Ms . Marino moved, seconded by Mr. Scott the following :
Be It Resolved that the Town Board of the Town of Ulysses approves the
Triathlon race and their request to reroute traffic to Gorge Road and Taughannock Park
Road, with the understanding that the Park Police will handle the security.
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby aye
Ms . Marino aye
Mr. Ellis aye
Adopted.
Mr. Austic will write a letter confirming the Board ' s approval of the detour.
TOWN REPORTS
Highway Superintendent James Meeker reported that he has been plowing and salting
the town roads as needed, patched some potholes, spread some crusher run on shoulders
where they were low, worked on equipment as needed, and raking up shoulders of the
roadways where there was damage from plowing. The heavy rains in early April caused
minor flooding and some of the culverts had to have debris removed so that they
functioned properly.
Mr. Austic said that the storms also raised concerns from the Health Department. John
Andersson of the DoH had emailed Mr. Austic about the flooding and potential adverse
effects on the waterline. Mr. Austic reported that he had inspected the line and that the
only place he found where there was a minor problem was on Route 96 near Ryder Sport
where there was an area in the ditch that was washed out along the water line. Mr. Austic
notified Mr. Meeker and that area will be regraded and stabilized.
Code Enforcement Officer Alex Rachun reported that in the last month four (4) permits
were issued Ifor new construction; one was a new single-family home and 3 were
additions to existing homes .
Town Clerk Marsha L. Georgia - Mr. Austic read Mrs . Georgia' s report as follows :
Town Clerk's Report for April
Total fees collected for March $ 11 , 862 . 56
Total turned over to Supervisor: $ 9,968 . 65
Which included $9235 . 06 for franchise fees and $ 1640. 00 water fees (break down
follows)
• $ 125 . 00 plumbing permit
• $ 1500 . 00 for a new curb stop
• $ 15 . 00 for contractors registration
Total collected for March Taxes : $ 19,501 . 87
3
• $25 ,000 was mailed to Tompkins County Budget/Finance
• $ 352 . 59 was turned over to Supervisor for the March penalties
Total taxes collected to date : $2 ,604,675 . 11
Total uncollected : 187 ,203 .29
Tax reminders were mailed 4/2/05 for the uncollected taxes
I
4
Board Members and Committees
Councilman Don Ellis reported that he had met with Judy Cone of Moore Consulting
Software concerning Ms . Cone ' s business expansion proposal . Mr. Ellis wanted to better
understand her plan and help Ms . Cone to begin working with the Town. Presently,
Moore Consulting Software is located in an old farmhouse that is less than 2000 square
feet and a trailer. Ms . Cone indicated that she would like to expand the floor area of the
house by 70% by adding a wing to the farmhouse and adding a second floor where there
isn' t one now. This would provide two full floors for the company. If the proposed
additions were built, then the trailer would be removed from the property. Currently
Moore Consulting Software employs more than twenty (20) people but not all of them
work in the Ulysses location. The farmhouse in Ulysses serves as their headquarters and
they have twelve other offices that are mostly outside of the United States. Ms . Cone
estimates that her company contributes over a million dollars to the locate economy. Mr.
Ellis said that he felt it would be beneficial for the Town Board to set a time and meet
formally with Ms . Cone and begin the process to make such an expansion move ahead
smoothly, since this business is not a cottage industry as defined in the zoning law and
that the Town Board may want to consider creating a Development District. Mr. Ellis
inquired if Ms . Cone had applied for a Development District.
Mr. Rachun, Code Enforcement Officer, respond to Mr. Ellis saying that the current site
for Moore Consulting Software was under the three (3 ) acre requirement for a
Development District and that Ms . Cone would need to acquire additional land to meet
the legal requirements for a Development District.
Mr. Ellis replied that Ms . Cone had not acquired additional land but that she indicated
that she had an option of purchasing 23 acres that surrounds the 1 . 75 acres where Moore
Consulting is now located. Mr. Ellis said that Ms . Cone had shown him preliminary
drawings of the proposed additions and he felt the additions were commendable and of,
very high quality. Mr. Ellis further stated that he felt this is the type of business the
Town should encourage and that the Town Board should give it the attention it deserves .
Mr. Austic asked Mr. Rachun to contact Ms . Cone and set up a meeting where she could
present her plans to the Board.
Ms . Marino asked if it were possible to grant a Development District that would be
contingent on Ms . Cone acquiring the additional land .
Mr. Austic and Mr. Ellis stated that they believed such a condition was possible.
Mr. Wilson stated that Development Districts are often considered to be floating zones
and that he cautions against them if there are other methods of achieving the same result.
Development Districts must be reviewed on a case-by-case basis and the merits must be
carefully considered because the Town could be at risk for being accused of "Spot
Zoning".
Mr. Ellis asked Mr. Austic if there were any new developments concerning the old
Babcock property. Mr. Austic replied that he had nothing directly but has heard the
surveying has been done but not the closing on the property. Mr. Ellis said that he had
heard the interested party had filed a preliminary application for an Economic
Development Grant with the Tompkins County Planning Department. Mr. Ellis said that
given the nature of the proposed business, the Town should make the information
available to the public as soon as possible .
• 4
Mr. Rachun added that he had received a call from a realtor for the Babcock Property
asking about creating building lots on Cold Springs Road and Podunk Road.
Mr. Austic said that questions have been asked about the property but as of this date no
specific useshad been indicated other than those related to raising chickens, ducks, and
turkeys.
Ms . Marino said that the proposed buyer was Herman Lee and that his name was on the
preliminary file for an Economic Development Grant. Mr. Lee has until the end of April
to make an official application for the grant. Ms . Marino said that in earlier discussion
Mr. Rachun had mentioned that there may be a slaughterhouse in conjunction with the
raising of the poultry, but that there was no reference to this activity in the grant
preliminary application.
Mr. Austic said that Mr. Lee would need to approach the Town about a slaughterhouse
operation on the property
Ms. Marino, who represents the Towns on the Water Resources Council, said the Council
has created a recreation subcommittee that is working on a brochure for environmentally
sound boating in which they are including the laws about noise pollution. The WRC
would like to have all the municipalities ' review the law and give provide comments on
the brochure. Ms. Marino apologized for not providing copies of the rough draft of the
brochure to the Board until this morning. The WRC is scheduled to meet on Monday the
18th of April and comments would be needed before that date . Ms . Marino said that the
proposed brochure was given out very late in the WRC meeting and that there was no
discussion that could be shared with the Ulysses Town Board.
Supervisor Douglas Austic asked if anyone had any questions on the supervisor' s
financial report. No questions were asked.
Mr. Austic stated that he has received eleven UFPO calls for mark outs for digging
projects along the water line in Ulysses . Last spring when Bolton Point was doing the
marking for our line they charged the Town $ 100 per call . Now the Town has assumed
the responsibility for UFPO marking.
Deputy Supervisor Richard Coogan said that FEMA is continuing its review of the
Hazard Mitigation Plan and expects to complete their review in May 2005 . Once
approved by FEMA, the Town will have to approve the Plait
Mr. Coogan said that the Town has applied for the WQIP Grant as a MS4 municipality
that would help cover the costs for formulating a local law for stormwater management
and an environmental overlay district to protect moderate to steep slopes . Another area
for the requested funding is to research and implement a plan for developing a "finding
mechanism" that will pay for tracking, monitoring, and maintaining permanent
stormwater control measures_
Mr. Coogan said that he is completing the annual report that is required for MS4
municipalities . The County Stormwater Group has developed a generic report and his job
is to tailor it Ulysses .
OLD BUSINESS
Audit, Discussion and Firm Selection
The Board has received copies of proposals from Sciarabba Walker & Co . , LLP , Ciaschi ,
Dietershagen, Little, Mickelson & Co . , LLP , and Dermody, Burket & Brown. All
proposals are based on the Agreed-upon Procedures provided by the Town and are all
very similar in price.
Mr. Ellis stated that he felt the two best quotes were between Sciarabba Walker and the
Dermody firm out of Syracuse .
5
Mr. Austic stated that he did not have any preference except that he felt that the money
should be spent in the County if at all possible.
Mr. Scott stated that he also did not have preference but once the audit is done how often
would the Town want to have an outside audit. Mr. Scott said that he would like it
discussed as to whether the Town has an outside audit conducted every four or five years .
Mr. Scott stated that he still prefers the procedure that the State offers to municipalities
and that service is provided at no cost to the municipalities . His concern is the Town just
is not going to receive the same thoroughness with the independent audit as it would with
a State audit.
Ms . Marino stated that in the past the audits were done every three to four years and she
would propose that the Town have an audit every four years .
Mr. Ellis said that he also would like the audit done every four years and if the State
cannot do the audit than the town would hire an independent firm to do the audit.
Mr. Scott requested that Supervisor Austic draft a letter to the State requesting an audit
for the Town in four years (2009) .
Mr. Austic agreed to draft the letter requesting the State audit the Town in four years .
Mr. Austic reminded the Board that just because an independent or a State audit is
conducted it does not eliminate the Town Board ' s responsibility to do the audit of the
Town ' s departments in January.
Mr. Ellis moved, seconded by Ms . Marino to accept the proposal from Sciarabba Walker
for an agreed upon procedures review of the Town ' financial accounts .
Be It Resolved that the Town Board of the Town of Ulysses accept the proposal
from Sciarabba Walker & Co . , LLP and
Further Resolved that the Town Board expresses a general intention to have an
audit every four (4) years and the Town Board ' s preference is that New York
State does it .
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby aye
Ms . Marino aye
Mr. Ellis aye
Adopted.
Other
Ms. Marino asked for an update on the proposed Water District #5 . Mr. Austic said that
Barton and Logudice is still investigating various options for the District and that
Taughannock Falls State Park was still very interested in receiving water from the Town.
Mr. Austic also informed the Board that the Village of Trumansburg is not actively
pursuing connecting to the Town ' s water system but would most likely resume
discussions once their new water tank project is completed.
NEW BUSINESS
Discussion of Zoning Review
Mr. Coogan informed the Board that he has received the edited copy back from Ms.
Christian and that he forwarded it on to Attorney Wilson for his review. Ms . Christian
also provided a PDF file for web Posting.
6
Ms . Marino Said that a marked up copy had been sent to the Board, but before the Board
could meet to discuss the changes the zoning was sent to the editor.
Mr. Coogan said that the marked copy was sent to Board members as a reference. His
instructions were to incorporate the changes and have the document edited. The editor
would provide a marked copy of her changes that would be reviewed by the attorney to
ensure that no change in meaning was made during the editing process.
Subdivision
Mr. Coogan said that the editing of the subdivision is not going as smoothly as the
zoning. Part of it is that the editor, Ms . Doliner, hired to perform the edit was a copy
editor and not a technical editor. Ms. Dolinger and Mr. Coogan have been in close
contact and one concern is that Ms . Dolinger does not feel she will be able to do the
indexing and will only be able to provide a minimal table of contents.
Mr. Ellis said that he has indexing software and offered to do the indexing on the Sub-
division.
Ms. Doliner thought the job would only take eight (8) hours and that Mr. Coogan
expected to a copy back in a day or so . Mr. Coogan will forward a clean copy of
Subdivision to the Board when it is available .
The Board scheduled a meeting for Monday April 25th at 6 : 30 PM to finalize the zoning
review and that after this review the Zoning Law should be ready for a public hearing.
The Board indicated that they should be ready to set a date for the public hearing at this
review secession.
Mr. Ellis said that a very normal thing to do at this point in zoning process would be to
institute a moratorium in the Town. .
The Board noted that SEQR had been done for the Zoning Law but that another SEQR
may be needed for Subdivision. Should a separate SEQR for the Subdivision need to be
done? Mr. Rachun said that Subdivision would require a SEQR.
Discuss Policy to Change Meeting Dates
Ms . Marino withdrew her request for this discussion.
Discuss Policy for Information Distribution
Ms . Marino idistributed a sample policy drafted along the same lines that a newspaper
might use to authenticate information as a guideline for the Town to use when
distributing letters and emails to other Town Officials .
Mr. Austic said that he was concerned that a restricting of information may be more
detrimental and was not sure how the proposed policy could be followed given the
volume on letters, emails, calls, etc . that come into the building daily.
Mr. Ellis noted that the Town Board mailboxes are not in a secure location and anyone
could easily put information into the boxes without any Town official knowing. Mr. Ellis
suggested that the person who distributes written material to Board Members initial the
copy so that the Board members at least know who put the material in their mail boxes
and that nothing should be distributed by anyone in Town Hall without knowing who
originally wrote the material.
Mr. Wilsonl stated that this is a normal business practice.
Ms . Marino moved, seconded by Mr. Ellis the following:
. a
7
Be It Resolved that the Town Board of the Town of Ulysses adds a new policy on
the distribution of information .
Further Resolved said policy should read as follows :
Materials received anonymously and without stated authorship should under no
circumstances be distributed . Materials should not be copied and distributed at
the expense of the Town or through official Town mechanisms unless the
business of the Town is served by doing so ; such material should bear the initials
of the distributor
Mr. Austic aye
Mr. Scott aye .
Mr. Weatherby aye
Ms . Marino aye
Mr. Ellis aye
Adopted.
Election Machine Custodians
Mr. Austic informed the Board that the Towns ' Election Machine custodians had
resigned as of the first of the year and the Tompkins County Board of Elections has
appointed Mr. Robert Bailey as the Republican Machine Custodian and Roger Laue as
the tempory Democratic Custodian. These were temporary appointments and the Town
should either approve these appointments of find other willing citizens to be the
custodians .
Mr. Ellis moved, seconded by Mr. Scott the following :
t
Be It Resolved that the Town Board of the Town of Ulysses appoint Robert
Bailey, Republican of 4420 Swamp College Road and Roger Laue, Democrat
(temporarily) of Fish Road as the Election Machine Custodians for the Town of
Ulysses .
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby aye
Ms . Marino aye
Mr. Ellis aye
Adopted.
Beautification Grant
Mr. Austic stated that Mrs . Georgia is considering applying for the Community
Beautification Program Grant to install two benches at the entrance of the Town Hall.
Court Room
Mr. Austic said that two small tables have to be purchased to replace the larger ones in
the courtroom and chairs for the new bench. These tables are to be used by attorneys
during court proceedings . The current tables will be moved to the conference room along
with the green chairs. Ms . Marino asked if the Town could purchase two or three folding
tables that could be used for joint meetings board meetings and for public displays.
Correspondence
Ms. Poelvoorde sent a letter from New York State Park office advising the Town that
they are in the process of purchasing the old gravel bank that is adjacent to the Park
8
Mr. Ellis mentioned that the Board had received a letter from the Maguire ' s complaining
about the lighting at the Cayuga Addiction Recovery Center. Mr. Ellis said the letter was
dated last September. Mr. Rachun said that the bright lights were there during the
construction phase and that since that time those lights have been replaced with
incandescent , lights . The part of the complaint about the automobile lights going in and
out of the parking lot at the center has not been addressed. Mr. Austic said that Cayuga
Addition Recovery Center has received a grant for additional screening. Mr. Wertis,
Planning Board Chairman, has talked to the director of the center about the possibility of
providing vegetation screening to lessen the effect of the headlights on surrounding
property.
Moratorium.
Mr. Ellis said that he was serious about his previous statement about instituting a
moratorium since the zoning law is ready for public hearing and passage. He said that
this Board spent years working to create a new Zoning and Subdivision Laws, that the
work has been done with much public involvement, that the outcome of the collaboration
is now recorded in advanced drafts of these laws, and it is time to protect the work and
the interest of the Citizens .
Mr. Ellis said that if this Board supports the abundantly clear interest of the citizens of
this Town ini controlling development by specifying wider minimum frontage for lots in
zones now allowing much smaller frontage, then as we approach the time when that new
laws will be enacted it is necessary for the Town Board to protect the citizens ' interest.
This should be done by enacting a moratorium to prevent a rush to subdivision that would
subvert the intent of the new proposed laws . Under these circumstances a moratorium is
a simple procedure that is typically done. The moratorium documents have already been
drafted and this action would cost the Town no more than the public notification fee.
Mr. Ellis moved, seconded by Ms . Marino that a public hearing on a moratorium be
scheduled as soon as possible .
Mr. Scott asked for a clarification of what the moratorium would entail as restrictions on
property owners .
Mr. Ellis explained that he would like to see a moratorium on subdivisions where no
subdivisions could be filed while the moratorium is in effect. Any subdivision that would
be submitted to the Clerk ' s office would be considered incomplete.
Ms . Marino asked if our current law, which defines on any division of land as a
subdivision would define subdivision for the moratorium.
Mr. Wilson said that a subdivision could be defined in the moratorium.
Ms . Marino iasked Mr. Wilson if he had a copy of the previously defeated moratorium
resolution?
Mr. Weatherby said that he was concerned about imposing a blanket moratorium because
this is the start of the building season. A moratorium could prevent building for an entire
year.
Mr. Ellis said that the previous moratorium had a provision for hardship . The Board
discussed the particulars of a moratorium and for what duration it would be in effect.
Mr. Ellis said that the Board had scheduled a zoning review meeting for April 25th and
his suggested that the meeting be used for a public hearing and the vote on a moratorium.
Mr. Rachun said that he agrees with Mr. Ellis but he has an issue on any and all
subdivisions . Mr. Rachun suggested that the Board only place a moratorium on
subdivisions of more than one two lots .
9
Mr. Wilson distributed copies of the ordinance for the moratorium that was introduced in
November 2003 . The Board reviewed this document and changed the draft moratorium
ordinance as follows :
Section I — Purpose and Intent to read more than two (2) lots in place of two (2) or more
lots under
Section II — Imposition of Moratorium — deleted "or the transfer of title to a parcel or part
thereof "
Section III — Hardship — Changed to Appeal — A. — deleted "Ulysses Town Board in
writing for a variance from strict compliance with this local ordinance upon submission
of proof of such unnecessary hardship . " Replaced with — "apply to the Board of Zoning
Appeals, in compliance with an area variance under Town Law §274(b) .
B . — Procedure — delete "Ulysses Town Board" and replace with "Board of Zoning
Appeals . "
Mr. Ellis withdrew his earlier moratorium motion along with Ms . Marino ' s ' second. Mr.
Ellis then moved, seconded by Ms . Marion the following :
Be It Resolved that the Town Board of the Town of Ulysses sets a Public Hearing
for April 25 , 2005 at 7 : 00 PM for the revised April 12 , 2005 Moratorium Ordinance for
120 days .
Further Resolved this public hearing will be held at the Trumansburg Fire
Department.
Mr. Austic aye .
Mr. Scott aye
Mr. Weatherby aye
Ms. Marino aye
Mr. Ellis aye
Adopted.
Mr. Ellis volunteered to distribute the notice of the moratorium around the Town of
Ulysses .
Zoning Revision Meeting
The Board rescheduled the zoning review meeting for April 26th, 2005 at 6 : 30 .
CORRESPONDENCE
Mr. Austic told the Board that he has received a CD on the generic SEQR for the
Statewide Tower and it is available for review .
Mr. Austic also said that he had received a notice that New York State will be closing
Route 89 for 60 days just below Kraft Road to replace a culvert. During the replacement,
traffic going South on Route 89 will be diverted up Kraft Road and North bound traffic
will be diverted unto Dubois Road.
ADJOURNMENT
Hearing no further business Mr. Ellis moved, seconded by Mr. Scott to adjourn the
meeting. Hearing no objection the meeting adjourned at 10 : 18 PM .
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
MLG : mlg
. .. I . . . . . . . . . . . - . . . .