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 , • ._ . . .
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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
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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
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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