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HomeMy WebLinkAbout2007-05-21 - TB TOWN OF ULYSSES SPECIAL TOWN BOARD MEETING MAY 21 , 2007 Present : Supervisor Douglas Austic ; Town Council Roxanne Marino, Don Ellis, Rod Ferrentino and Lucia Tyler; Town Clerk Marsha L . Georgia. Others Present : Tammy Morse, Heather Hartwell , Gary Snyder and Geoffrey Hart. Supervisor Austic called the meeting to order. Mr. Austic said that the agenda for tonight are the following : • Resolution MPR • Rules and Procedures • Zoning Ms . Marino said that the Zoning Law is not ready for the Boards review for tonight but she feels that a Public Hearing date could be set. The Board discussed different dates for a public hearing. The Public Hearing is schedule for June 25th, 2007 at 7PM and will be held at the Town Hall . Rules and Procedures Mr. Austic said that he had a couple of changes that he would like to see made in the document presented. Mr. Ellis noted a change first to be made in the presented document was in 6 . 1 remove "Enactment or" at the beginning of the sentence . Mr. Austic would like a change under 4 . 3 Board Decorum where it states five (5) minutes be changed to two (2) minutes . The Board had no problem with that. The Board discussed a couple of other items and decided that they were covered. Mr. Ellis moved, seconded by Mr. Austic the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the "Rules and Procedures" for meetings as presented here with the date February 13 , 2007 with the changes in paragraph 4 . 3 the minutes to change from 5 minutes to 2 minutes provision and paragraph 6 . 1 delete Enactment or. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Map Plan and Report Resolution Mr. Austic stated that he had presented a new resolution for the approval of the MPR which he moved, seconded by Mr. Ferrentino as follows : WATER DISTRICT #5 MPR RESOLUTION WHEREAS , The Town of Ulysses has contracted with Barton & Loguidice, LLP (B &L) to conduct a feasibility study for the proposed Water District # 5 and the study has been completed and filed with the town board, and a , • ._ . . . Special Town Board Meeting 2 May 21St, 2007 WHEREAS , Said study indicates that the proposal is feasible both economically and from an engineering standpoint, and WHEREAS , If completed District 5 when combined with District 3 are compatible with the moderate pressure engineering zone and other areas of the town may not be included due to the pressure differential which exists, and WHEREAS , A 30 year zero interest loan has been pre approved for funding from EFC , and WHERAS , The office of Senator George C . Winner Jr. has awarded a grant to fund the total amount of the district map , plan and report, and WHEREAS , The Village of Trumansburg has indicated its need for an emergency source of potable water and in addition has indicated that the Water District # 5 proposal appears to be the most logical and economical emergency source available, now therefore it be RESOLVED, That the Town Board of the Town of Ulysses contract with B&L to complete the map , plan and report (MPR) for the proposed Water District # 5 as per the scope of service agreement sent to the town board, and be it further RESOLVED , That the Town Board of the Town of Ulysses contract with B &L to investigate planning issues related to the compatibility of the water district proposal with the town ' s Zoning Law and study the potential for development in the proposed district area, and be it further RESOLVED , The MPR when completed will be used as a basis for the formation of the proposed water district and the town will continue to study the needs of other areas of the town for municipal water service . Mr. Ellis said that he still considers it an ill conceived plan that needs a lot of attention because of major things . Mr. Ellis said that financial progress has been made towards addressing the financial inequity between the Village which is very welcome . Mr. Ellis said there has been discussion on many points but nothing written anywhere to what that adjustment really is, so on paper there is still no adjustment to deal with financial inequity of this Water District #5 relative to the Village agreed upon by both the Town and the Village. There is no addressing what ever of the development impact of Water District #5 . Mr. Austic said that is addressed in the resolution and read "That the Town Board of the Town of Ulysses contract with B &L to investigate planning issues related to the compatibility of the water district proposal with the town ' s Zoning Law and study the potential for development in the proposed district area. " Mr. Ellis said that he thinks that it would be a more credible paragraph if it said simply that the Town would select a planning firm to do that work rather then selecting B & L. Mr. Austic asked if someone could be gotten now . Mr. Ellis said he had asked for getting help for a very long time like for a year. Mr. Austic said that he had arranged for either Tompkins County Planning or Tom Niederkorn to look at this several times in the last year but the Board did not want him to pursue it. Mr. Ellis said that B& L have a big financial interest in the project and also Mr. Ellis felt that B &L does not have the planning expertise within their firm for zoning and comprehensive planning. Mr. Austic said that they do have several planners on staff Special Town Board Meeting 3 May 21st, 2007 The Board continued with this discussion and the discussion about the proposal for financial help to the Village to off set their loss of revenue. Ms . Marino said that on May 8th , 2007 a resolution was passed on how to gather information and the Town is in the process of doing that so if the Town does not have the information yet to assess whether that is true and should be following through on that. Mr. Austic said that is being followed through but his point is he would have had that information but everyone said for him not to do it. He talked with Mr. Pond, the Health Department, J. C . Smith and the Town of Ithaca and they all said they would send a letter with the information but the Board said no that information would all have to come through Eric . The Board discussed this . Mr. Austic called the vote. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler nay Mr. Ellis nay Ms . Marino nay Defeated. Mr. Austic said that was all the business to take care of tonight. Ms . Marino said she would like to go back to the resolution that was talked about and adopted on May 8th and propose that the Board get the information before a letter gets written to the EFC because it really does not seem like everybody has the same understanding to what the Board agreed to . Mr. Ellis said that he would be glad to read through the resolution and make sure that the Board has the same understanding, the Board all have a copy of the resolution. Mr. Austic said that this was sent to Mr. Pond. Mr. Austic said that the plan remains the same but the whole issue is that the Town could be buying some of the water from the Village of Trumansburg. The district is not changing, only where the water is being purchased . This is not a big issue — the question is "Do they care where the water is being purchased" . Mr. Austic said he is not saying that the information can not be questioned but the information will be there. Mr. Ellis said that having the information (requested in the May 8th resolution) satisfies very many things that have been a concern for a long time and really creates the possibility that it could go ahead ( Water District #5 ) . Mr. Austic said that you are not going to probably have a real legitimate agreement with the Village in the beginning (for the purchase of water) that will take some time to work out. Mr. Ellis said that he thinks the only thing that he would still be looking at is the documentation for that and how sure is the Town. Mr. Ellis continued with asking what funding would the Town have for the planning. Mr. Austic said the Town does have the money if the Board would agree to use it and that is the money from Mr. Winners, which is $40, 000 . Mr. Austic said he talked with Mr. Winner and he said that the study the Town did for the Village ($ 7000 infrastructure study) could be paid also with that money or any other study to be done to get to the Special Town Board Meeting 4 May 21St, 2007 MPR. Mr. Pond had given a price of $ 5000 for a planning study or get prices for someone else to do that. Mr. Ellis said that someone else may have a different price and he had done a survey last week on other people to do this work and he told Mr. Austic he would email him in the morning with that information. Mr. Ellis said that the resolution (of May 8th) says that the mechanism of the Town which means to him Mr. Coogan, Mr. Austic and who ever else might engage in this should engage in this and get going on this . Mr. Austic said we need to have at least an agreement with the Village to purchase water for District #5 because you can not have a district without a water supply. Mr. Ellis said that the agreement is not just to supply water for district #5 but the best part of this agreement is to purchase enough water from the Village so they do not loose revenue. Mr. Austic said you can not form a District without a water supply so either the Town has to have an agreement with the Town of Ithaca or the Village of Trumansburg. Then when things are getting done with the water district the Town will have a long time to work out the particulars with the Village of Trumansburg for the purchase of how much water because the Village could provide better numbers on the usage of water. Ms. Marino said that the Village as she sees it is working on how much water they would have to furnish. Ms . Marino said that the Village also needs to think about the volume and adequacy and duration of second source question because that is not changed at all with this in fact the Village go from being the primary provider and then what happens if there is a longer term failure . This needs to be addressed with the Village and be part of an agreement with them. Mr. Ellis said as a Village resident he would encourage the Village to get going on that and make sure to do what can be done at this time. Mr. Ellis said the Town' s involvement of development of providing water in the Town that the Village needs to take the initiative of looking into the study on infrastructure and does not realize why the Town has not given them the report. Mr. Austic said he was told not to give them the report from our engineer. Ms . Marino said it is not an accepted report until the documentation is there to complete the report that Mr. Pond agreed to provide and the Town is still waiting on Mr. Pond. Mr. Austic said that the prices are in the report and the Village should know what it would cost to get a second source. The Board discussed more on the adopted resolution and other water related issues . Ms . Marino wanted to work on another resolution in relationship to the resolution that was adopted on May 8th . Ms . Marino was trying to make a motion. Ms . Tyler moved to adjourn. Mr. Austic recognized Ms . Tyler' s motion and it was seconded by Mr. Ellis and Mr. Ferrentino . Mr. Austic called for the vote . Mr. Austic aye Mr. Ferrentino aye Mr. Ellis aye Ms . Tyler aye Ms . Marino nay Adopted . Special Town Board Meeting 5 May 21St, 2007 Meeting adjourned at 7 : 50 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town . Clerk MLG : mlg