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HomeMy WebLinkAbout2005-12-13-PB TOWN OF ULYSSES PLANNING BOARD 12/13/05 Approved December 27`x' 2005 Present : Interim Chairperson David Tyler, Planning Board Members : Margot Chiuten, David Means, and John Wertis, Code Enforcement Officer Alex Rachun . Excused : Rose Hilbert, Rod Porter, and Darien Simon . Applicants : Rich Hayward representing Kim Lanphear Joseph Hucko and Matthew Moore representing Washington St. Partners A quorum is present at the meeting ; Mr. Tyler called the meeting to order at 7 : 37 pm . Minutes : Mr. Tyler submitted revisions to the minutes of 11 /29/05 . Members reviewed the revisions . Mr. Wertis offered a MOTION to APPROVE the minutes . Mr. Means SECONDED the MOTION. All in favor — MOTION APPROVED . Ulysses Square Subdivision Mr. Rachun stated this parcel went from a business district, with the northernmost end of it being a residential district . Once the Zoning Ordinance (August 30, 2005) change took place all of it with the exception of the actual building and parcel A directly north of the building on parcel B were zoned business ; a corner of Parcel A is zoned as hamlet . The person who would like to purchase the property wanted to build a house on it but is unable because single family homes are not allowed in a business district . Mr. Tyler asked if the parcel A is actually half hamlet and half business, he stated to the best of his knowledge this could not be done. Mr. Hayward introduced himself; he is a Sales Associate with RE/MAX and represents Kim Lanphear who currently owns the property. He also worked for Babcock and is very familiar with the property. He indicated on the map the parcels that were changed from business to residential in 1986-this led the corner of parcel A to being zoned as residential . Mr. Rachun stated that they did not use lot lines to designate these zoning boundaries . If you examine the Zoning Map property lines delineate the rest of the Town Ulysses . But in this particular case it is not, it is cut off from the back and the side . This is another item for the technical problems list. Mr. Wertis asked what is actually being expected from this review . They cannot build residential in a business district; can the Planning Board make a zoning change . Mr. Rachun stated this Board cannot do a zoning change it would be a Town Board issue; however based on the problems of the map it might be approachable due to the technical aspect . Mr. Tyler clarified that the lot is currently one parcel . After reviewing the map he verified that there is underground gas and electric on all the parcels . He asked if there is public water-there is a public water supply. He noted there is no septic on parcel C . The map indicated a shared driveway between parcel B and C . He asked Mr. Rachun what the minimum frontage on a lot in this area. Mr. Rachun stated that the minimum is 50 feet for a hamlet district. Mr. Tyler asked whom the attorney working with the developer. Mr. Hayward stated there is no developer because they have not closed on the property. The purchaser ' s attorney is Anna Holmberg and the seller ' s attorney is David Clark. Planning Board Meeting 2 12/ 13/2005 Mr. Tyler noted the shared drive between parcel B and C ; creating a joint driveway creates legal complications . He questioned if it would not be smarter to have the driveway on one parcel and give the other parcel right of way. It is not an issue now but once it is sold off there could be issues to be dealt with. He questioned why they aren ' t looking at a subdivision of parcel A and the rest of the land, why are they looking at B and C . Mr. Hayward indicated Ms Lanphear has a land contract on parcel B . Mr. Rachun noted that the large Babcock building is being sold currently on a land contract. It is being utilized as a used furniture retail space . Mr. Tyler questioned if is a land contract what are they using as the lot lines . A land contract usually has a legal description — this map was updated on 11 / 10/05 . Mr. Hayward stated he is unclear if it is an actual land contract or a rent to own contract . Mr. Tyler noted that before the Board approves it he does not have a problem with parcel A but does see potential problems between B and C . But if the applicant does not want. to do it there is nothing the Board can do . Mr. Hayward asked if this would have a bearing on the subdivision . Mr. Tyler indicated it would, if there is a contract the lines would have to correlate with what is on the map . He is pretty sure the land contract predated the map in front of the Planning Board . Mr. Rachun offered that if the map were approved, the land contract would follow the lot lines . These are conforming lots according to the Zoning Ordinance . He has dealt with Ms Lanphear in the past and she is very on top of things and has probably thought this out . Mr. Hayward questioned the difference between land contract and rent to own. Mr. Tyler explained the differences . Mr. Hayward stated that this is what they have in place . They are not concerned with the driveway issues . Ms . Lanphear has been adamant about retaining a portion of the parking lot and the driveway. Mr. Tyler asked if any members had any other issues . Ms . Chiuten asked for clarification regarding driveway width and future expansion. Mr. Tyler offered the explanation of future growth . Mr. Rachun offered that an updated map should be provided indicating the septic for parcel C should be submitted . Mr. Hayward submitted a fax letter with drawing from the Tompkins County Environmental Health office-indicating placement of the septic on parcel C . Mr. Tyler noted that TG Millers would not update the map per the Environmental Health Office ; this needs to be done and noted in the comments section on the map by TG Miller. Mr. Wertis asked if they could approve pending receipt of the updated map . The issue of the driveway could also be addressed and reviewed by the owner/buyer. Mr. Tyler stated this could be done . But he definitely feels a corrected map should be in place . Mr. Means MOVED, SECONDED by Mr. Wertis Planning Board Meeting 3 12/ 13/2005 WHEREAS , Rich Hayward representing Kim Lanphear, have requested approval of a MINOR SUBDIVISION of the parcel known as Ulysses Square, Route 96, Trumansburg, NY from the Town of Ulysses Planning Board. WHEREAS , the division between Parcel A and B , the Town of Ulysses Planning Board approves the MINOR SUBDIVISION as indicated on the map submitted this date 12/ 13 /05 as prepared by TG Millers . WHEREAS , the division between Parcel B and C , the Town of Ulysses Planning Board is to be approved conditioned upon receipt of an updated map done by the surveyor to reflect the septic location on the parcel C . The Town of Ulysses Planning Board refers for reconsideration to the applicant and their attorney the dividing line between the parcel B and C in respect to the asphalt parking lot and driveway. This would be a shared driveway and parking lot and offer this could lead to legal complexities . THEREFORE, be it resolved the Town of Ulysses Planning Board does hereby approve the application for a MINOR SUBDIVISION contingent on the following : • Updated Surveyor map indicating septic on Parcel C • Applicant/attorney review the dividing line creating a shared driveway of Parcel B and C . Mr. Tyler called the vote : Ms . Chiuten aye Mr. Means aye Mr. Tyler aye Mr. Wertis aye ADOPTED The Board presented their findings as follows : 1 . It conforms to the Zoning Ordinance. Mr. Tyler noted that Mr. Hayward should get the updated map back to Mr. Rachun before the end of the year, as he will no longer be on the Board as of December 31 , 2005 . Ms Carlisle Peck asked if the resolution would be contingent on the minutes being approved. Since the next meeting may not be until January this could be problematic . Mr. Rachun stated the minutes would have to be filed with the map when the County Clerk processes it. Ms Carlisle Peck stated she could email the drafts to the members ; they can make any corrections and give her approval by email . Once the Minutes have been approved she will email a copy to Mr. Hayward. All members agreed this would be an effective way to manage this particular project due to mitigating factors . Washington Street Partners Mr. Tyler announced he would turn this portion of the meeting over to Mr. Means, as he is the designated Chairperson. He asked the applicants to introduce themselves . Mr. Joe Hucko and Mr. Matthew Moore are the applicants representing Washington Street Partners . The project name is Trumansburg Commons . Mr. Means stated the applicants had submitted the following documents earlier for the proposed Commons Project : • 2 large sized revised Site Plans stamped by the architect. 1 y Planning Board Meeting 4 12/ 13/2005- • 9 complete packets of submissions for the Planning Board, each packet comprised of 1 binder and 1 set of 11x17 inch illustrations . The plan consists of only 1275 square foot retail building; there will be no gas pumps on the site . The engineers are completing the water quantity and quality section . They will have this and ' the accompanying diagrams ready for submission within the next few days . Mr. Means noted they all have the newly submitted documents , he stated they all have to be careful and remember this is a new submittal and not compare to what went before this . Mr. Tyler stated he would be interested in hearing why they are here, what was the impetus or th'e catalyst to bring them to this point. Mr. Hucko said he would speculate that from a Planning Board perspective it would be an improvement . It is a reduction in building and the removal of the gas dispensing area. Ms . Chiuten noted that there were changes in the driveway configuration . She asked what changed there and why. Mr. Hucko and Mr. Moore presented a display of the site . Mr. Moore stated they shifted the main driveway to the North; this gave them a straight exit, and moving the driveway over to eliminate an issue with the swale . Mr. Hucko stated some of this was driven by comments from DOT . They do not have the report from the plans presented here tonight . Mr. Wertis noted the original was reversed. His recollection is the entrance to the northern most ends would be a one-way entrance ; this was related to the fact that the cars would be making right hand turns . The grade off Route 96 is a steep grade . , .. Mr. Hucko replied there would be some revision however there would still be a grade to the entrance into the driveway. Mr. Wertis stated the other side is more level to the road . With cars coming out of the double drive , will spin their way out on a winter ' s day. Mr. Hucko stated they have enough room to bring the drive back and temper the grade back to a reasonable point. Mr. Tyler stated if Mr. Auble is retaining land, if the lot he is retaining keeps the building as indicated on the plan then the setback would not be in compliance with current zoning. Mr. Rachun indicated the Zoning Ordinance requires a setback of 15 feet. Mr. Hucko stated that he believed Mr. Auble has complied with removal of the encroaching portion of the building. There is a stipulation in the contract that does require he comply with any regulations to achieve the Site Plan approval . Mr. Tyler stated that this should not come back to Mr. Rachun as a Code Enforcement issue . It should be part of the approval process , it is Mr. Auble ' s property and he has authorized Washington Street Partners to act as their agent . He questioned if the Board had received the letter from Mr. Auble authorizing the applicants to act on his behalf 1 Mr. Hucko stated he had to respectfully disagree with the Mr. Tyler' s position; Washington St . Partners are the applicants not Mr. Auble . If they pull their application then the approval goes with them. They are an equity stakeholder but virtue of the purchase co'ntract ; under no uncertain terms they are the applicants ; not Mr. Auble, they are not his agent . Mr. Tyler noted that they are acting as his agent because they are applying for something that relates to his land . Planning Board Meeting 5 12/ 13 /2005 Mr. Hucko stated that if they purchase this property, and Mr. Auble encroaches onto their property, he does not want it to be this approval ' s process problem . It should be the Town ' s issue with the property owner. Mr. Tyler stated he disagreed ; you are creating a subdivision and if it creates a non- conforming lot then it will not be allowed under the subdivision. Mr. Auble can obtain a variance but it would have to be done before subdivision approval is granted . IMr. Wertis asked if the property should be subdivided . Mr. Auble would have to submit the subdivision plan while Washington Street Partners submit the Site Plan. Mr. Hucko noted that it was their legal interpretation that a legal subdivision was not necessary-therefore they were purchasing a parcel of land that did not require any formal approval . He does not know if the game has changed - they were cognizant of the Planning Board right to build approval , but not for the transfer of the piece of real estate . Mr. Rachun clarified that the Town Attorney had advised the Board they had to review all applications under the Zoning Ordinance (August 30, 2005 ) . The current ordinance does require a simple subdivision, which this would be . Since, it is on a collector road so it has to have formal approval by the Planning Board . Mr. Hucko asked what additional information would have to be submitted for the subdivision . Mr. Rachun stated he could not speak on behalf of the Planning Board; but once the Site Plan is approved subdivision approval would be a condition to be met. Then the applicant would have the subdivision application prepared and come before the Planning Board. Mr. Hucko stated they were working under the former ordinance ; what is the simple subdivision process . 1 Mr. Rachun answered under the prior ordinance he had reviewed them . The new ordinance states since it is on a collector road the subdivision has to be reviewed by the Planning Board . Mr. Hucko stated he would like to have the subdivision process approved as part of the Site Plan review. Mr. Rachun stated there is a formal application for subdivision. The subdivision map must show the whole property- it will need to show all utilities, septic and buildings that exist, not just the parcel Washington Street Partners intends to develop . Mr. Tyler stated very candidly that the subdivision process would be Mr. Auble ' s . He is the property owner; he cannot sell the land to the applicant until it is subdivided . Mr. Hucko stated he does not understand this ; the subdivision is contingent on their exercising the purchase contract . Ms . Chiuten noted that he could assign this over to the applicants . Mr. Tyler stated that if the setback on the building on the land Mr. Auble is retaining were to close to the line; the decision would impact him . He will have to remove it or he will have to get a variance. Mr. Rachun stated he would not likely get a variance, as it was known he is creating a non-conforming lot. Ms Chiuten stated what they have done in other municipalities is to present the preliminary plat. This occurs the same time as Site Plan approval ; the information is almost always the same. The filing of the final subdivision plat is the last things to happen-they have acted as the agents on behalf of the property owner. The Site Plan Planning Board Meeting 6 12/ 13/2005 approval is contingent on the subdivision meeting all the requirements of setback, etc . Then the burden is back on them, they get final Site Plan approval once the subdivision is approved . Mr. Tyler stated the person who owns the land has the authority and power to subdivide, if they are working as the agent that is fine, but a contract vendee cannot do this . Mr. Hucko stated he is not a lawyer, but he has to respectfully disagree but if they get to the same endjline he will do it however they want. But, if they never take possession of the property it does not matter. Mr. Wertis stated it could be considered as a parallel track . But the subdivision would have to come under Mr. Auble ' s signature as the property owner. Mr. Rachun agreed it would have to , as he owns the land. Mr. Hucko stated if they are the applicants and they never take title to the property the application goes away. Mr. Wertis stated then the subdivision application would also go away. Mr. Tyler noted by analogy the cases of environmental audits . The audit is done, if something is found it is the owner' s responsibility to fix it. The applicant can really be detrimental to the owner if a problem shows up-the owner has to fix it, often a considerable i expense . Mr. Rachun doted that a Site Plan can be approved on contingency; but a subdivision cannot be approved on contingency. The contingency would be when the subdivision application comes in -the subdivision is done in a way that is conforming to the zoning ordinance . Mr. Hucko noted they could have the subdivision plat in tomorrow . They are running out of time and they recognize they have been the delaying factor. But until today they were not cognizant of the subdivision process . So , they would like to expedite the process as much as possible . Mr. Rachun noted that this is a new application and it does require being reviewed under the new ordinance . Mr. Tyler noted that if they do their homework on the Site Plan, the subdivision approval would be fairly easy. The Site Plan is their major project, the subdivision is a minor subdivision and the answers you provide during Site Plan would come up in subdivision. However, a non-conforming plot cannot be the result of a subdivision. The building as indicated on ; the maps would create a non-conforming lot due to the setback requirement . Mr. Means asked where the Board would like to go from here, do they feel this is a complete packet . If not what additional information is needed . The meeting continued with discussions related to the items that the members felt were needed . Multiple questions were directed to the applicants and were answered. The conclusion of the discussion resulted with additional information needed as follows : • Complete grading plans-pre construction and post construction. •; Fencing around the dumpsters as well as the pond S Building dimensions and elevations e Building materials o Sidewalks and asphalt - what materials would be used . o Curbing-no indication if there is curbing • Copies of correspondence from DOT and DEC Planning Board Meeting 7 12/ 13/2005 The Town Attorney advised Mr. Rachun that the Planning Board should not deem an application complete/incomplete based on another agency ' s determination. He suggested whether or not DOT or DEC have submitted their findings, the Board may want this information, but cannot rule the application incomplete if it has not been received. Mr. Tyler asked when the consultant engineer information would be available. He is currently working on a case in which the public has requested this information be • provided; the Public Hearing has been adjourned upon receipt of the consultant . Mr. Rachun stated the information has been forwarded to the consultant . As the new information is received from the applicants this will be sent to the consultant as well . Mr. Moore and Mr. Hucko brought the check to cover the consultant charges with them this evening. The payment was given to the Town Board . Mr. Tyler asked when the engineers would have the results back to the Board. Mr. Rachun stated they already have it in hand; it should be a couple weeks . But at this point in time his impression is the application is incomplete . Mr. Tyler stated that once the application is deemed complete they could turn the engineer loose and set the Public Hearing within a few weeks . With this time frame they would have the engineer ' s report to review for the Public Hearing. Mr. Hucko stated it was their impression that the engineer had been turned loose subject to payment of the fee. They will prepare the additional items requested and augment the submission as items are received into their offices . They are hopeful that they can run concurrently (the submittal to the Board and the engineer) . Mr. Tyler stated he wanted to make one comment, it is the third time he has mentioned it, the tab in the submittal does not designate owner ' s authorization for Washington St . Partners to submit the subdivision application. He does not understand their reluctance to speak with Mr. Auble but the document submitted is not going "to fly" as authorization. Mr. Rachun stated there is a formal application for subdivision; the letter specifically states the owner would like to subdivide their property. Mr. Hucko replied it is not reluctance, he feels they do comply, but will do whatever is necessary to receive approval . He trusts they can get the subdivision application from Mr. Rachun, and they will come back with the application . He asked if they could get the Site Plan and the Subdivision together. Mr. Chiuten noted that they could review a preliminary plat and if the Site Plan changes then the Subdivision would also change . The preliminary would have the needed information; it would be informational only and subject to final Subdivision approval . The Site Plan would be contingent upon Subdivision approval . Mr. Hucko stated he still did not understand . Can they run these coterminous so that Site Plan and Subdivision are approved at the same time . Mr. Tyler replied no-they would be two different procedures . It might be possible to get them done in the same night. ' - - Mr. Hucko requested respectfully to not have to come back and have to initiate the subdivision process . Mr. Tyler replied the subdivision process usually is done quickly. They reviewed and approved a minor subdivision prior to meeting with Washington Street Partners this evening. Planning Board Meeting 8 12/ 13/2005 Mr. Hucko noted he had heard the procedure and was hopeful his plans would be approved as well . Mr. Rachun informed Mr . Hucko he needed to be very careful on the subdivision that it is parcel A; pari; el A is the whole parcel. They will be coming in with a subdivision of parcel A and everything on parcel A has to be shown. The buildings, driveway, utilities, etc . he is still concerned over the building that is being left on the property. It will not be a conforming lot and he does not want to have to deal with this situation as a future issue with this owner. Ms Chiuten noted that it should not be an issue, if it is not fixed then the Site Plan would not be appro4Ced and it would not be negotiable. Mr. Rachun stated it would be forming an illegal lot and they could not get a variance to allow this building to remain as is . Mr. Means if any members had additional comments . Mr. Wertis asked when the next meeting would be . A review of the calendar and information requested from the consultant and applicant would bring the next meeting to be January 3 , 2006 at 7 : 30 pm. Members agreed this would work, Mr. Rachun will inform the secretary if additional information is received and/or new applications are received. The members agreed that the quorum needs to be maintained due to losing one member as of December 31st, 2005 . The following was • suggested to imaintain efficient meetings : Ms Carlisle Peck will request all members contact her directly prior to the meeting . If attendance issues arise and we cannot maintain quorum it would be futile to hold the meeting; all members are urged to attend and communicate if they CANNOT to the secretary via one of the following methods : email rjcp019Aaol. com or Home Phone 387-3347 or Work Phone 273-4166 or Cell phone number emailed to them individually. If an attendance issue happens, decision to cancel the meeting will be made upon consulting with the members . Mr. Tyler asked Mr. Rachun if the Town Board had received any applications for appointment. of a new Planning Board member. Mr. Rachunireplied they had not. Mr. Tyler made the MOTION to appoint Mr. Means as Acting Chairperson, SECONDED By Ms . Chiuten . Ms Chiuten AYE Mr. Means Abstained Mr. Tyler AYE Mr. Wertis AYE Ms Chiutenl made MOTION to adjourn, Mr. Tyler SECONDED , and meeting adjourned at9 : 28pm . Respectfully submitted Robin Carlisle Peck 12/27/05 TOWN OF ULYSSES REGULAR TOWN BOARD MEETING DECEMBER 13 , 2005 PRESENT : Supervisor Doug Austic , Town Councilpeople Lee Scott, Robert Weatherby; Roxanne Marino and Don Ellis ; Town Clerk Marsha Georgia; Highway Superintendent James Meeker; Deputy Supervisor Richard Coogan . Others Present : Attorney Bruce Wilson ; County Representative Peter Penniman; Newly Elected Board Members Rod Ferrintino and Lucia Tyler 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 Supervisor Austic moved to approve the minutes of the Regular Town Board Meeting of November 9, 2005 , the Special Town Board meetings of October 4th, 13th and November 18th and the Public Hearing of November 9th, 2005 as changed and corrected by Ms . Marino, seconded by Mr. Scott. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. CLAIMS Mr. Ellis asked about the voucher for the deicing salt and the surcharge on that invoice also asked about the reimbursement of health insurance to a retiree of the Town Board. Mr. Austic explained the voucher for the salt charges and also explained that the reimbursement of the health insurance for a previous town board member was something that was set over twenty years ago . Mr. Ellis and Ms. Marino had previously approved this quarterly reimbursement in the past and questioned it this time expressing disapproval of a retired elected official getting this benefit. Mr. Ellis said that he thinks the review of the personal policy that will be done in January is most definitely due. Mr. Weatherby moved, seconded by Mr. Scott to approve the previously reviewed claims #586 through 635 in the amount of $ 36,443 .47 . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye (but supported Mr. Ellis) Mr. Ellis nay Adopted. Supervisor Austic introduced the following budget modifications : General Fund A 1 . Increase 1010. 4 by $ 564 . 42 2 . Increase 1220. 4 by $240. 16 Regular Town Board Meeting 2 12/ 13/2005 3 . Increase 1620 . 4 by $ 3234 . 09 4 . Increase 1670 .4 by $ 2360 . 54 5 . Increase 5132 . 4 by $ 786 . 86 6 . Increase 9060 . 8 by $ 703 . 82 Total Increases $7888 . 89 Decrease 1450 .4 by $ 3470 . 15 Decrease 1990 .4 by $2500 . 00 Decrease 7310 . 1 by $ 1918 . 74 Total Decrease $ 7888 . 89 General Fund B 1 . Increase 3620 . 4 by $ 39 . 55 2 . Increase 8020 . 4 by $ 469 . 29 Total Increases $ 508 . 84 Decrease 8020 . 1 by $ 508 . 84 Highway Fund DA 1 . Increase 5140 . 1 by $ 1481 . 94 1 . Decrease 5140 . 4 by $704 . 49 2 . Decrease 5130 . 2 by $ 777 . 45 Total Decrease $ 1481 . 94 Note : Increase 5120 .4 by $20, 164 . 97 taken from Bridge Reserve (project was unable to be completed in 2004 budget year) Highway Fund DB 1 . Increase 5110 . 1 by $ 1793 . 15 1 . Decrease 5110 .4 by $ 1793 . 15 Mr. Weatherby moved the 2005 Budget Modifications introduced by Mr. Austic, seconded by Mr. Scott . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted . Mr. Austic reported the following remaining appropriations and revenue accounts as of November 30, 2005 : General Fund A Appropriations $ 51 ,435 . 73 Revenue Increases 3 ,678 . 97 General Fund B Appropriations 10 ,470 . 68 Revenue Increases 1 ,221 .44 Highway DA Appropriations 103 , 539 . 36 Revenues (remain to collect) 45 , 190 . 73 - Regular Town Board Meeting 3 12/ 13/2005 Highway DB Appropriations 60, 795 . 00 Revenues 97, 181 . 49 Mr. Austic said that all of the funds are in good shape and they will be at the end of the year. There will be surpluses among the accounts and some accounts will need to be adjusted. Mr. Austic said he would provide a current operating statement after all the vouchers are paid. REPORTS OF REPRESENTATIVES Tompkins County Board Representative Peter Penniman stated that the Board of Representatives passed the County budget last month with a 0% levy increase and an 8 % tax rate decrease. Mr. Penniman said that was due to no additional State mandates and the sales tax revenue was strong. The assessments have been a hot topic and they are talking about changing the annual assessment to a three-year cycle. Mr. Penniman is leaning towards the annual assessment because he feels it is best to be at the top of the market and than it may level off Mr. Penniman said that there is extra money from State Aid if you continue with the annual assessment and that may it does not really cost the County anything. Mr. Penniman said the other thing with a three-year assessment the County would still have to reassess properties with a significant change. Mr. Penniman said that Assessment Department has already said that over 8 ,000 letters are going for properties that have gone up . Mr. Penniman said that either way properties with significant increase would still get a change. Mr. Penniman said that there is not as big a difference as people think from a three-year to an annual . Mr. Ellis asked what the cost is for an annual assessment? ,r . t Mr. Penniman said that the cost is to the State, but not to the County. He thinks it would be equal to 1 and 1/2 full time employees around $ 8000. Ms . Marino asked how they would know if the assessments are going up . Mr. Penniman said that assessment would still monitoring the housing market with every property being sold going through the County' s computer system and would still do analysis of the neighborhoods and looking at trends . Whether they are doing annual assessments or not they still are obligated to have every assessment close to being fair. Mr. Penniman is please to say that he will apparently finish his term and at least see a contract signed for the new Public Safety Communications System, which has been a hot topic from the very beginning seven years ago . Mr. Penniman said that remaining staff and legislators are trying to get things done because of the turn over so that it is not a big learning curve for the new people coming on. Another thing the current legislators are trying to do is a new fee structure for the solid waste and recycling center. The problem there is that there is to many vehicles and have a backup when people are trying to weight out on the scale. The idea is to go to a flat fee for cars, SLTVs, and min-vans with a $ 5 . 00 fee but if they only had one or two bags they could have a punch card and it would be $2 . 00 a bag. Than all those vehicles would not have to go through the scale. For pick-up trucks they are going to have it set it so that when they drive up they would type in their permit number in the computer and it would have a record of the make and model of the vehicle and the scale system would know the weight of the vehicle, would weight the vehicle and would know if it is carrying more than a thousand pounds or if it is a small load like 400, 500, 600 pounds, which is usually the case, it would be a flat fee and they would not have to weight out and be a $ 10 . 00. If it appears that it is more than one thousand pounds load than they would go and unload Regular Town Board Meeting 4 12/ 13/2005 than would have to weight out. This will greatly reduce the number of vehicles that will have to go on the scale on the way out, which is the main traffic problem at the center. It will be a big education process to everyone but the County will provide a lot of information. ' This has not been passed by the County Board and will be going to them next week. Mr. Penniman said that in general the County is losing seven legislators, a lot of younger people coming in with a lot of energy and new ideas . Mr. Austic thanked Mr. Penniman for doing a good job for the Town of Ulysses and Town of Enfield for the last seven years and expressed his appreciation on behalf of the Town Board for his service over that time . Mr . Penniman thanked the Board. Mr. Austic invited the attending Government students to come forward so that the Town Clerk could sign their attendance sheets. Trumansburg Fire Department - no one in attendance from the Fire Department. Planning Board Report - Chairman David Tyler was attending the Planning Board meeting. TOWN REPORTS Highway Superintendent James Meeker reported that he and the highway crew have been working on the winter plow equipment, washed and waxed and all NYS Inspected. The crew worked on mowing road sides back for winter, plowed and salted as needed and are starting to haul their stock piles back in for summer paving projects . . Code Enforcement Officer, Alex Rachun Mr. Rachun is attending the Planning Board meeting tonight and gave his written report to the Town Board. Town Clerk Marsha L. Georgia stated that New York State is offering a Multi-Year Licensing for dog owners for either one, two or three years . Mrs . Georgia said that owners have inquired about this in the past. Mrs . Georgia only sees one draw back to this and that is ifithey licensed for three years and something happed to the dog they would not be able to get any refunds . The rabies will have to be current . Mr. Austic introduced the resolution, Mr. Ellis moved, seconded by Mr. Weatherby The following: WHEREAS, New York State Department of Agriculture & Markets, Division of Animal Industry is offering Multi-Year Dog Licensing beginning with licenses on January 15 , 2006 and WHEREAS , towns have the option of issuing dog licenses for up to three years duration. The law does not require that owners purchase multi-year licenses . Owners may choose one, two, or three years' licenses, as long as the rabies vaccination is still current) WHEREAS , a 2 year license will be double the annual fee, a three year license will be triple the annual fee . FURTHER ' as is the case with all licenses, no refund can be made once the license is issued even if the dog' s status changes i .e . it dies or changes ownership . Fee exempt (guide, service, therapy, police, war, detection, and search) dogs may have multi-year Licenses . NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes multi-year licensing to the dog owners of the Town of Ulysses . Mr. Austic aye Mr. Scott aye , Regular Town Board Meeting 5 12/ 13/2005 Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted. Mrs . Georgia also reported that Tompkins County Board in the past has always extended the collection of taxes by the Town until May 31st, but this year they have decided that the County will do that collection after April 1st. What this means to the property owners that pay after April 1st that the penalty will be 8% instead of the normal 3 % . The Town Clerks are against this because it makes confusion to the taxpayers and more expensive. The Town Clerks feel we have an obligation to inform people of the significant changes and will be putting a notice in the paper and also stamping the tax bills with this notice . Mrs . Georgia gave her monthly report stating for November a total of $2416 was collected and of that $706 was paid to the Supervisor, $ 1539 was collected for NYS DEC and no fees for Plumbing permits . A Water billing was sent out last week. Board Members and Committees Councilman Roxanne Marino reported that she attended the monthly Tompkins County Municipal Officers Association Planning Committee meeting and they are having a new format where they are tying the topics of the meetings more closely issues the County Planning would like to get feed back from the Towns on the percent they are doing to Towns . This last meeting they had two presentations, one on the Comprehensive County Plan and the Natural Features that they have developed . Two of the Natural Features are in Ulysses, the whole lakeshore and a big part of Taughannock Creek water shed. Ms . Marino explained how these were identified. The County is offering access to these studies and also all sorts of support services that they have to help municipalities with planning efforts . Both the Natural Features and Affordable Housing studies have a lot of potential benefits to the Town of Ulysses with the Towns Comprehensive Plan review and the continued review of the Towns Zoning and Planning efforts. The County Planning Department seems very interested in involving municipalities and making sure that they know what is going on and they get involved at any level. Supervisor Doug Austic asked if anyone had any further questions on the Supervisor Financial report. (Previously discussed with budget modifications) . No further questions. Deputy Supervisor Richard Coogan said that he had one thing on the Affordable Housing is that there is going to be the first public meeting on it on December 15th, 2005 to be help at the Tompkins County Public Library. Mr. Coogan said that later in the meeting on the agenda there is a resolution on the Hazard Mitigation Plan. This is the resolution that has to be passed by all of the Towns that they are participating so that the Town would be eligible for Federal and State funds. Mr. Coogan said that on Stormwater the Town was asked to back pedal a little bit on local laws this year because the State has come up with new rulings . The Ulysses Stormwater group will be meeting this Thursday and talk about some of the implications. One of them is that if the Town passes a law that is different from the DEC law than the town must do a gap analysis process through the law showing that it is equivalent. The cost for a gap analysis through the consultants in the County could be about $ 5000 . Ms . Marino said if she understands what Mr. Coogan is saying is that DEC has now decided that local municipalities should tie their stormwater laws directly to one that DEC is developing for the whole State. Mr. Coogan said that the Town will have to show that the Town ' s Local Law is as stringent as the DEC law, whatever else the Town chooses to put in is up to the Town but the Town (Stormwater Committee) would have to go back through each line and say it is Regular Town Board Meeting 6 12/ 13/2005 equivalent to the DEC model, it is exactly the same or if it differs why the Town thinks it should for the Town. Ms . Marino asked if the DEC says that law and is it passed? Mr. Coogan said yes it is on their web site and that is the one the committee is using and Tompkins County Planning used as the base for theirs . The committee is looking into all of this now and will have more information on all of this . The other things the committee was working on such as the brochure is moving along. Mr. Austic said he had received a memo from Kate Hacket saying that the new revised addition of the Hazard Mitigation is not out yet and seeing that Mr. Austic suggests that the Board table the resolution tonight. It was suppose to happen by the first of the year. Mr. Coogan said it should be out shortly. OLD BUSINESS BZA Appointment Mr. Austic said that a BZA member has resigned so therefore the position has to be filled. Mr. Austic said that there were two people that applied for different positions . Mr. Andy Glasner and Rob Sharkey, which are both interested. Mr. Glasner has been and spoke with Mr. Rachun several times and has expressed interest in the BZA. Mr. Austic moved to appoint Mr. Andrew Glasner to fill the unexpired term of James Hickey, seconded by Mr. Ellis . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. Hazard Mitigation Resolution tabled. NEW BUSINESS Employee Recognition Mr. Austic said that in the past the employees and volunteer board members have been given gift certificates in the amount of $ 50 from the local grocery store, for their recognition for the year at Christmas time. Mr. Austic moved, seconded by Mr. Scott the following : Whereas : Historically the Town of Ulysses has presented each employee and volunteer board member a token of appreciation at the end of each fiscal year, and Whereas : The 2004 presentation was a gift certificate in the amount of $ 50 . 00, and Whereas : A total of 31 such employees and volunteers and in keeping with last years appreciation gift, Therefore Be It Resolved : That the Ulysses Town .Board authorizes the expense of $ 1550 . 00 to, purchase of such gift certificates for the year ending 12/31 /2005 . Mr. Austic aye Regular Town Board Meeting 7 12/ 13/2005 Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. Recognition Resolutions Mr. Austic said that the Town has three people who no longer will be serving the Town of Ulysses and Mr. Austic introduced and moved, seconded by Mr. Ellis the following resolutions of Certificates of Appreciation: WHEREAS managing the business of local municipal government requires • countless hours of effort, BE IT RESOLVED that the Town Board of the Town of Ulysses does hereby acknowledge with deepest appreciation the dedication and hard work given to the Town By: Robert Weatherby Councilman - 1979 to 2005 The Town Board also presented Mr. Weatherby a leather jacket engraved with his name and the years served. WHEREAS managing the business of local municipal government requires countless hours of effort, BE IT RESOLVED that the Town Board of the Town of Ulysses does hereby acknowledge with deepest appreciation the dedication and hard work given to the Town By: David Tyler Ulysses Planning Board 1990 to 2005 The Town Board presented a jacket to Mr. Tyler with his name and years of service engraved on it. WHEREAS managing the business of local municipal government requires countless hours of effort, BE IT RESOLVED that the Town Board of the Town of Ulysses does hereby acknowledge with deepest appreciation the dedication and hard work given to the Town By: Lee Scott Councilman - 2001 to 2005 The Town Board presented a jacket to Mr. Scott with his name engraved and years of service . Mr. Austic aye Ms . Marino aye Mr. Ellis aye Adopted. Bob, David and Lee all thanked the Town Board. Tompkins County Drug and Alcohol Consortium Regular Town Board Meeting 8 12/ 13/2005 Mr. Austic said that every year the Town signs a contract to be a member of the Tompkins County Drug and Alcohol Consortium. Mr. Austic previously provided copies of the contract to the Board members . • Mr. Austic moved, seconded by Mr. Scott the following Whereas : The Town of Ulysses is and has been a member of the Tompkins County Drug and Alcohol Consortium since its inception, and Whereas : The consortium fulfills a need to comply with the state and federal regulations involving the testing of employees involved safety sensitive jobs, and Whereas : The consortium performs the required testing through a contract agency at a rate less thanlcould be contracted by the Town of Ulysses on its own, Therefore Be It Resolved : That the Ulysses Town Board authorizes the Town Supervisor to sign the 2006 consortium agreement contract on behalf of the Town of Ulysses . Mr. Ellis said he had questions approving the policy or re-approving the policy and wonders about it ' s application seeing that it does not apply to noncommercial licensed vehicles, than he assumes that leaves out the jeep and applies to the highway vehicles only. Mr. Ellis is curious to the enforcement of the rules that are in the policy that is being approved. Mr. Ellis asked if all those rules are enforced. Mr. Meeker said that the contract is with Cayuga Medical and he would send anyone there for testing or he would take him if he felt it necessary. Mr. Austic said also randomly on a monthly schedule someone is selected from the consortium to be tested. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted . Planning Board Request for Engineer Review of Washington Street Partners Plans Mr. Austic has received a check from the Washington Street Partners of $2000 for Barton & Loguidice, to review their application for Site Plan Review . This was tabled last month because of al question of reasonable expense and a final plan. Mr. Austic said that he called Washington Street Partners and they were agreeable to the expense for 'review and they have also presented an up-to-date plan to Barton & Loguidice tips afternoon. Mr. Wilson said that the Board could pass the resolution. The Planning Board came to the Town Board requesting the expenditure, the Town Board was thinking about advancing that money but now Washington Street Partners has paid that expense so that is a mute matter and Mr. Wilson said to change the resolution of last month at this point and just say "having receipted the money the Town Board approves that expenditure up to that amount by the Planning Board" . Ms . Marino said it was her understanding from the big discussion at last months meeting that the Town Board needed a finding from the Planning Board that they need this to be covered that it was reasonable to be asking the developer for this additional study. In addition to that the Town did not want to get stuck for the money. Ms . Marino said she thought that was the reason the Board was uncomfortable passing the resolution. Regular Town Board Meeting 9 12/ 13/2005 Mr. Austic said when he called the developer he said he felt that it was a reasonable request and the amount was reasonable and that he why he sent the $2000 . Ms . Marino then said that because we received the money the Board can take that as diligence, it is reasonable because they have sent us the check. Mr. Wilson said the money will be put in a separate account and the unused money would be refunded. Mr. Ellis said that the developer has submitted a new application and Barton & Loguidice have said they can do a review for no more than $2000 . Mr. Wilson said his suggestion is that the Board just cover themselves . Mr. Wilson said all that the Town Board is really doing is appropriate the money not to exceed $2000 for the Planning Board to do something. If they need more money they would have to come back to the Town Board. Mr. Wilson' s concern in the resolution earlier was that the Town Board was authorizing something to be done before the Town got the money, now that it here it is a mute point. Mr. Austic moved the following resolution : Whereas Washington Street Partners has submitted a check for $2000 to the Town of Ulysses and, Whereas Barton & Loguidice has under "Scoop of Services" indicated that they could review the project proposed by Washington Street Partners for a sum of no more than $2000, Whereas the Ulysses Planning Board has asked for review of the project by a separate engineer, Therefore Be It Resolved that the Town Board of the Town of Ulysses agrees to approve the "Scoop of Services" submitted by Barton & Loguidice to review the project for not more than $2000 . Motion moved and seconded by Mr. Weatherby. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted. Recreation Partnership Ms . Marino said that the Town Board had received a December 15th email about the Recreation Partnership wanting to make amendments to their bylaws and asking the Town to approve the changes before they can take affect. I Ms . Marino said she had reviewed these changes and said that the changes are pretty straightforward. Ms . Marino moved, seconded by Mr. Austic the following : Be It Resolved that the Town Board of the Town of Ulysses accepts the changes to the Bylaws of the Recreation Partnership Board that were amended on September 27, 2005 . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Regular Town Board Meeting 10 12/ 13 /2005 Adopted. Organizational Meeting Date The yearly organizational meeting was scheduled for January 5th, 2005 at 7 : 30 PM . Mr. Ellis asked for a list of the appointments and a list of who has the authority to make those appointments prior to the meeting maybe 10 days before meeting. h Other Ms . Marino said that the training for the new Board members in Rochester is on January 9, 10, and 11 and so even if one was to skip the last day and stay for the tenth it would - very difficult to get to the Regular Town Board meeting scheduled on January 10th, 2006. Ms. Marino asked to have a discussion about this meeting. Ms . Tyler asked if the January Regular Town Board be keep on the scheduled day, January 10th but possibly moving it back to start at 7 : 30 pm instead of the usual 7 : 00 pm to review vouchers . The Board had no problem with that . Mr. Austic said in addition to that he had notified everyone that he plans on having a meeting December 21st at 8 : 30 am for the new Board members to review the budget and just explainjthe different accounts . Ms . Marino ] said that there is one more scheduling that should be considered and that is the Town Board ' s annual audit of the department heads prior to January 20th. In the past the Town Board has most always done this on a Saturday morning and she is not available on Saturday mornings in January. Ms . Marino] said that the Town Board could pick a date at the January 5th, 2006 • ''s organizational meeting. Public Comments Mr. Ferrentino thanked Mr. Weatherby and Mr. Scott for their efforts over the years and that the Tosvn of Ulysses is a great place and they have both contributed a lot to that. Both Mr. Scott and Mr. Weatherby thanked Mr. Ferrentino . Mr. Weatherby stated that he has truly enjoyed serving over the many years and have enjoyed being involved. ADJOURNMENT Hearing nolfurther business Mr. Weatherby moved, seconded by Mr. Scott to adjourn the meeting. Unanimously approved. Meeting adjourned at 8 : 55 pm . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk is MLG : mlg