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HomeMy WebLinkAbout2005-06-14-RTB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING JUNE 14, 2005 PRESENT : Supervisor Doug Austic , Town Councilpeople Lee Scott, Don Ellis, Robert Weatherby and Roxanne Marino ; Town Clerk Marsha Georgia; Highway Superintendent James Meeker; Deputy Supervisor Richard Coogan ; Attorney Bruce Wilson Others Present : John Wertis, Planning Board Chairman, Patty Hallaran, Deputy Town Clerk, Ellen Avril, David Kerness , Robert Bailey, Mr. Chaffee, Cliff Morris (Pastor of West Hill Church) , Judy Cone and Cheryl Thompson. 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 : RTB 4/12 , RTB5/10, SBM 4/26 & 5/3 Mr. Ellis moved, seconded by Ms . Marino to approve the minutes of the Regular Town Board Meetings of April 12 , 2005 and May 10th, 2005 with the corrections and changes submitted by Ms . Marino . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted . The Special Town Board meetings of April 26th, 2005 and May 3rd, 2005 were tabled. APPROVAL OF CLAIMS Mr. Scott moved and seconded by Mr. Weatherby to approve the previously examined voucher numbers 251 through 310 in the amount of $ 15 , 931 . 05 . Mr. Austic aye Mr. Scott aye Ms . Marino aye Mr. Ellis aye Mr. Weatherby aye Adopted. Supervisor Austic reported that the final inspection was completed for the Court Bench and all the items have been corrected . He is asking for Board approval to submit final payment of $ 750 to Ithaca Millwork. Mr. Ellis moved, seconded by Ms . Marino the following : Be It Resolved that the Town Board of the Town of Ulysses authorizes Supervisor Austic to pay the final payment to Ithaca Millwork in the amount of $ 750 . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted . Regular Town ;Board Meeting 2 06/ 14/2005 Ms . Marino suggested putting a latch on the jury gate of the bench for safety. REPORTS O* ' REPRESENTATIVES PETER PENNIMAN, Representative to Tompkins County - absent TRUMANSBIURG FIRE DEPARTMENT — no representative in attendance. PLANNING BOARD REPORT, CHAIRMAN John Wertis stated that he submitted comments from the Planning Board relative to the Zoning revisions and he will hold comments for that part of the meeting. OTHER Ms . Marino said that the Board has received several items between the May meeting and now. In that there is an announcement of a Teleconference on open space and farmland conservation that is happening on the 21st of June . Ms . Marino is just reminding the Town board of that and the Planning Board may be interested. A copy will be distributed to Mr. Wertis . I It is being held at Cooperative Extension at 6 : 15pm. This could be a potential Planning Board training. TOWN REPORTS HIGHWAY SUPERINTENDENT James Meeker reported that the road crew patched roads, washed 'plows and salt spreader and put away for the summer, picked up limbs and branches in the cemeteries, cleaned ditches on Agard Road and Brook Road. The roadsides are tieing mowed now for the second time. The crew did some stonework and oiling on Pine Ridge Road. The storm created a lot of downed branches and limbs that had to be picked up after the rain and windstorm. Currently the crew is working on painting and scrapping the panels on the overhead garage doors in the truck bays . Mr. Meeker concluded by saying that he attended Highway School at Ithaca College for three days last week. Mr. Austic asked the Board if anyone had any questions for Mr. Meeker? CODE ENFORCEMENT OFFICER Alex Rachun reported issuing six (6) building permits, one new single-family home and five (5 ) for additions to homes . The Zoning Board of Appeals net to hold a hearing for an area variance . Mr. Ellis asked Mr. Rachun if he could add a couple of lines of information to his CEO report ; one that would reference construction to date in the Town and another reference that would show the construction in the previous year. This additional information would provide the Board with relative past experience on the number of building permits issued for comparison. TOWN CLERK Marsha L. Georgia reported $ 1 ,225 . 00 in clerk fees . Of that amount $657 . 54 was turned over to the Supervisor along with the Clerk ' s report. Included in these fees was $ 125 . 00 in Water District No . 3 fees . The Town and County taxes have been turned over to the County Budget and Finance Department with outstanding balance of $ 139 , 772 . 00 in unpaid taxes that represents 80 tax parcels . BOARD MEMBER AND COMMITTEES Ms . Marino said that she had placed copies of the Water Quality Strategy Plan (WQSP) in each Board 'member ' s mailbox . The Water Resources Council is requesting that the Town Board review and comment on the WQSP by June 17th, 2005 . Ms . Marino pointed out a couple of items in the WQSP are on going projects designed to collect data on ground water resources and the impact in different areas on our ground water resources . The plan also addresses issues concerning wetlands and sediment control/erosion. Some Regular Town Board Meeting 3 06/ 14/2005 of these topics are for the Stormwater Management Plan. Ms . Marion said that she has a draft copy of the Stormwater Maintenance if anyone would like to read it. Ms . Marino reported that at the last Water Resources Council meeting, the Conservation District presented their AEM Strategic Plan for the next five years that the County has requested from Ag and Markets . This plan is thought to include everything that has to do with agriculture for the next five years and has as its stated goal "Planning to Enhance Agricultural with Sound Environmental Stewardship" . This document lists Taughannock Creek as one of the four priority water sheds that the WRC is developing guidelines for the County Board for Planning to enhance agricultural while providing water pollution and erosion control . Ms . Marino stated that after a lot of hard thinking she regrets to have to say that she needs to resign from Water Resources Council until her work schedule slows down. She said that she would continue to go to WRC meetings when she can because it is a valuable committee and she has learned a lot from attending the meetings . Mr. Austic said that on June 21st, 2005 there is a meeting with the Municipal Officers Association and he will inform the MOA of Ms . Marino ' s resignation since her seat on the committee represents the municipalities of Tompkins County. Ms . Marino said she might be able to attend that meeting and report before she resigns . SUPERVISOR Douglas Austic reported that the Board has copies of the Supervisor' s Financial Report. Mr. Austic points out a couple of line items that are running short in funds that need to be addressed and funds transferred . Mr. Austic will make a list for next month. No other questions were heard . DEPUTY SUPERVISOR Richard Coogan reported that Tompkins County has generated a new wind study for wind generation . Mr. Coogan said that the new maps locating potential sites will be made available to the County Planning Advisory Board this summer and that he will make them available to the Town. Mr. Coogan said that one newly designed site for wind turbines are the northern end of Enfield and part of Ulysses . Ms . Marino asked if Mr. Coogan had anything more specific on what areas . Mr. Coogan said no but his guess would be looking at Pine Ridge Road over to the west. There will be a presentation in two weeks and should provide more information. Mr. Coogan said that next week the copper and lead tests will be done in Water District #3 . The Tompkins County Health Department requires that these test be done twice this year and ounce next year. The Town had to find 10 willing homeowners with houses that date before 1982 to participate and that these homeowners are all lined up . The samples will be taken to Yaw ' s Lab on Wednesday June 22 , 2005 . Mr. Ellis asked if this was an annual test or is it related to the new district? Mr. Coogan said that the Health Department waits for the second year of operation and does the test once in the first six months , once in the second six months and then one time the next year. Ideally the samples are collected from the same 10 houses . After the initial testing period, samples are taken every three years with the total number of samples being less then the original 10 houses . Mr. Coogan stated that just before Kate Hacket, Senior Planner for the County, went on maternity leave she informed Mr. Coogan that the Town did receive a grant for Level Seven Funding of $ 15 , 000 to contribute to the septic detection fly-over analysis . With these funds and the money the Town has set aside, the flyover can be completed and the shoreline of Ulysses analyzed for failed septic systems . Mr. Coogan said that he was not certain if the flights would take place this October or next Spring but we have one year in which to spend the money. OLD BUSINESS Regular Town board Meeting 4 06/ 14/2005 WEST HILL COMMUNITY CHURCH REQUEST TO BE IN WATER DISTRICT Mr. Austic acknowledged Mr. Chaffee who represents West Hill Community Church and wished to address the Town Board . Mr. Chaffee priesented to the Board a letter of intent from the West Hill Community Church requesting the church property on Van Dorns Corners Road be annexed to the Town of Ulysses Water District #3 . This letter was copied to the Town Board for review , - prior to the meeting. Mr. Chaffee stated that the Church has put $ 1000 in escrow for the engineering costs associated with connecting to the water main and has agreed to issue a I . check to Barton & Loguidice engineers . Mr. Austic explained that the Town requires the engineering study because of very low pressure in the system where the church is to be built and the Town cannot allow the Church to hook up to a system without proper pressure. The engineering study must provide details on the service connection requirements to the property including how pressure will be maintained and back flow prevention. The Church, at its expense, will need to install equipment to meet pressure requirements such as pumps , pressure tanks, or other such devices . Mr. Austic explained that first the Town requires a petition requesting that the property be included in the water district. Mr. Chaffee did not have the information on the petition. Mr. Wilson, Attorney for the Town, said that he would provide a packet of information on the procedure to the Church so that Mr. Chaffee can give the information as to what is necessary in the petition to his lawyer. The letter of intent that the Church provided to the board was useful in starting discussions for including the church property but it is not a formal part of the legal process . Mr. Wilson said that the architects or engineers for the church would provide the necessary Map and Plan for the application. Once the attorney for the Church has that information, the attorney will be able to prepare the petition, attach the Map , Plan and Report as an exhibit and present the packet as a 1 formal application to the Town Board . This will ensure that the Town Board has all the information before them that shows all technical issues have been addressed so that they can proceed on this issue . Mr. Austic said that the engineer must prove to the Town that including the church property will not cause an additional cost to the Water District #3 . Or more simply put, any expense for connecting the church property to the Water district has to be done at the expense of the,1 Church. Mr. Austic said that he would contact Barton & Loguidice for Mr. Chaffee now that the Church has issued a check for $ 1000 to that firm and he will advise Barton & Loguidice to prepare the Map, Plan and Report. Mr. Ellis asked what size criteria is the Church based on in terms of people? Mr. Chaffee responded that the maximum size of the congregation is not expected to be more than two hundred people. Mr. Ellis asked Mr. Wilson if all of that would be stated in the petition? Mr. Wilson said that any petition would set forth the cost, the engineering aspects, and the number of people serviced by it. The Board advised Mr. Chaffee that the Church could go ahead with the procedure to apply for site Plan Review with the Planning Board because it is immaterial to site plan review whether the church has water from the municipal water district or from a well . JUDY CONE REQUEST FOR ZONING CHANGE Ms . Cone previously presented her request for a zoning change for her property on 3170 Perry City Road. Regular Town Board Meeting 5 06/ 14/2005 Mr. Austic said that he has read the proposal over and feels that it is fairly complete and he sees no reason why the Town Board could not pass it on to the Planning Board for their recommendation . Mr. Rachun, Code Enforcement Officer and John Wertis, Planning Board Chairman have met and reviewed Ms . Cone ' s application and deemed it complete . After discussion by the Town Board, Mr. Scott moved, seconded by Mr. Weatherby the following resolution : WHEREAS , application has been made to the Town Board of the Town of . Ulysses by Judith Cone and Terrill M . Moore of 3170 Perry City Road, Trumansburg, NY for a request for a Zoning change from a Residential District to a multi-use Development District of Agriculture, Business and Residential pursuant to Ulysses Zoning Ordinance, Article IV Section 5 for three adjoining parcels of land consisting of approximately 22 . 84 acres of land bordered on the north by Perry City road and on the west by Krums Corners road. Ulysses tax parcel numbers : 33 . -2- 1 . 12 , 33 . -2- 1 . 3 , and 33 . -2- 1 . 4 . WHEREAS , the Code Enforcement Officer Alex Rachun and Planning Board Chairman John Wertis have reviewed the application for a Development District and Site Plan Review and deemed it complete for review of the Town Board of the Town of Ulysses and, WHEREAS , upon initial review the Town Board, based on the proposals presented by Judy Cone and Terrill Moore, agreed by consensus that the plan was worthy of further study, NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses has reviewed said application and referred said application to the Town Planning Board pursuant to Section 5 (b) of Article N for the Planning Boards i recommendations to the Town Board. 1 FURTHER RESOLVED that the Town Board of the Town of Ulysses recommends the Planning Board also do Site Plan Review on the application. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. OTHER Community Preservation Act Ms . Marino said that she has an item for Old Business , which is the Community Preservation Act. As part of this act, Ms . Marino has distributed to the Board information on the American Farmland Trust material that encourages local governments to support a proposal for raising money for purchase of development rights through a fee applied as a 1 mortgage tax . Ms . Marino also distributed a request for a "Memorandum of Support" from the Town of Danby with a copy of their resolution where they voted unanimously to r_ support the Community Preservation Act . Ms . Marino said that she believes this effort is worth supporting and that the memorandum of support does not mean that the Town of Ulysses would necessarily adopt such a tax but that the support is to keep governments aware of the need to think about how to save agricultural land and open space. Ms . Marino feels that the basic idea is worth supporting. Ms . Marino moved, seconded by Mr. Ellis the following resolution : Regular Town Board Meeting 6 06/ 14/2005 . WHEREAS, the Community Preservation Act (A. 6450/S . 3153 ) is currently being considered by the State Legislature, and WHEREAS, this Act would enable Towns to establish land preservation and protection funds and a revenue stream for the purchase of land and interests in land for conservation purposes via a real estate transfer tax of up to 2%, and WHEREAS, open space protection is an objective of the County and many Town Comprehensive Plans, now, therefore, be it RESOLVED, that the Town Board of the Town of Ulysses, acting on behalf of the residents of the Town, urges the various Towns in Tompkins County, the Tompkins County Municipal Officials Association, and the Tompkins County Legislature join with the Town of Ulysses in endorsing this Act. Mr. Ellis asked Mr. Austic what he found objectionable to the proposal : was it the fact that it would raise so little money or did Mr. Austic feel that it may get in the way of something else? Mr. Austic responded that he just does not basically think that it would be a real significant means to raise cash to buy development rights . Mr. Ellis said that he would have to agree with Mr. Austic , but he feels that there is something about the spirit of the act that is good, something about the law to go through is good, and even having a little money it is something better than none. Mr. Ellis asked Mr. Austic if he saw it to be in the way or causing conflict or getting something better. Mr. Austic said that the amount you would be able to do with the money your received for the purchase of development rights might not be significant. I1 Ms . Marino said that at the last meeting Mr. Coogan pointed out that there are other E options for preserving land rather than actually purchasing whole development rights . The money can be used to establish and maintain conservation easements and such cases a smaller amount of money might make a significant difference . Mr. Austic said that he felt it was not clear how the money raised through this tax could be used for; could you subsidize somebody signing up for the Ag Land Protection or Trust, conservation easement, or do you have to buy development rights, but the idea of asking the State to or ahead is a good idea. Ms . Marino said that the Town might want to send a cover letter with the resolution that the Town would like to see or encourage that sort of flexibility as they consider this act. Mr. Austic said that he would draft a cover letter to that effect and called for the vote. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted . j Development South of Trumansburg Ms . Marino asked about the status of the letter that Mr. Austic had written to Stanley Birchenough, NYS DOT, where Mr. Austic was articulating the Town' s concerns about traffic along Route 96 where a new business has been proposed across from the Shursave Grocery Store.' Regular Town Board Meeting 7 06/ 14/2005 Mr. Austic said that the engineer/developer for that project has been in contact with DOT in Cortland and the problems have been discussed that the Town of Ulysses brought up . NYS DOT does not know if they can come up with a specific plan but they have suggested to the developer that the developer should realize there might be a problem to carefully consider the location of the driveway. NYS DOT can offer suggestions to the best location for the driveway at the developer' s request. Ms . Marino asked if the procedure was that the developer will make a plan and than it Iwill come to the Town to be forwarded to the Planning Board for review? Mr. Meeker said that once DOT has a final plan they will say where a driveway can or cannot go , not necessarily tell them where it can go but where it could not go . Ms . Marino asked that the Planning Board receive specific information as to where the driveway cannot go but beyond that restriction there could be more discussion by the Planning Board. Mr. Austic said that New York State Highway approves all driveways on NYS right-of- ways . Ms . Marino asked if with the Town ' s current Zoning could the Planning Board deny site plan approval based on a hazard to public safety, does the Planning Board have that level of discretion? Mr. Austic does not know if the Town would have the right to refuse a commercial development based on the driveway issue if the NYS DOT approves the location. Ms . Marino said even if it is not in the public safety interest? Ms . Marino suggested that Mr. Wilson look into this matter since it could become an issue during Site Plan Review. NEW BUSINESS OTHER Mrs . Georgia had previously distributed a copy of a "Memorandum in Opposition" from the Association of Towns in relationship to "An Act to amend the Public Officers Law, in relation to electronic access to records" . The Association of Towns stated that although it is hard to argue with the merits of transparent government and open access to records , the concepts captured in this legislation are far beyond the current capabilities of most (if not all) towns . The bill appears to create a mandate while leaving the answers to the following questions to be "planned for" by the Department of State : • Who would pay for this system? • Who would design and manage it? • Who will enforce it and what penalties would be involved? • Would it be a State system or just a mandate for each local government to seek its own solution? The Association of Towns cannot support an open ended mandate such as this and suggests more of a directive to pull together knowledgeable and involved parties with the goal to study with an eye toward a comprehensive solution is more realistic . The Association of Towns would like the support of all towns to urge their members of the legislature to OPPOSE this legislation . The Town Board discussed this and it was the general consensus that they agree with the Association of Towns . Regular Town Board Meeting 8 06/ 14/2005 PUBLIC COMMENTS Ms . Cone made the comment that across from the Old County Home on Perry City Road, there is a plowed field where stormwater runs into the road ditch, runs all the way down to her house ' and dumps into her pond. The water in this ditch used to run clean but in the last two or three years every time it rains the water in the ditch looks like chocolate milk and is filling her pond with sediment. She does not know what can be done about it but would like to see the erosion stopped. Mr. Meeker has discussed the runoff problem with the farmer who is plowing too close to the ditches . Mr. Meeker would like to see a buffer strip between the plowed field and the I ditches to prevent the soil erosion, which also increases the need to clean out the ditches . Mr. Meeker said that Tompkins County Highway has talked about doing some ditch work down through there and than hopefully they would lower some of the culvert pipes to help alleviate the problem. Ms . Marino suggested that Mr. Meeker follow this up in a few months and if the situation. is not improving then perhaps the Town may have to write a letter to the requiste agencies to take action because the current condition may be costing the Town money. Mr. Meeker says that the problem may not be noticeable again until the fall when the farmer tills the field. ZONING REVIEW Supervisor Austic asked the Board if they wanted to start on the Zoning review? Mr. Ellis feels] like they should get a feel of what needs to be done . Mr. Ellis has a list of mistakes that he will forward to Mr. Coogan. The Board reviewed some of the mistakes Mr. Ellis had noted on the charts . It was pointed out to Mr. Ellis that he did not have the current revision of the chart . It was decided that the chart should be part of the document. Mr. Ellis feels that when the document is finalized the map should be printed at 11X17 . Mr. Ellis is concerned that the parking design standards may have to be reviewed. Mr. Ellis will go through and provide suggestions or changes . Mr. Ellis has concerns about the highway specifications although there is a lot written, very little are written about the administration and the authority. Mr. Austic stated that the Highway Superintendent has the final authority this is State Law. The Town Board set two review meetings, which will be : June 22 , 2005 6 : 30 PM June 28 , 2005 6 : 30 PM PLANNING BOARD APPOINTMENT Ms. Marino feels that it is important to appointment a new Planning Board member because of the busy schedule that is coming up in front of the Board. Ms. Marino moved, seconded by Mr. Ellis to appoint Mr. Andy Glasner to fill the resignation of Planning Board member Lorren Hammond who was appointed in January for a seven-year term . The Board discussed this appointment and the general consensus was to table this appointment ;until the June 22nd, 2005 Special Town board meeting. Regular Town Board Meeting 9 06/ 14/2005 Mr. Ellis moved, seconded by Mr. Scott to table until the Board could review the letters of intent and resumes received. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye i Adopted. it Hearing no further business Mr. Scott moved, seconded by Mr. Weatherby to adjourn the meeting. Hearing no objection, unanimously approved, meeting adjourned at 9 : 35 PM . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk 1 i