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
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• 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
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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
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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
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