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HomeMy WebLinkAbout2007-11-28 - TB Town of Ulysses Special Board Meeting November 28 , 2007 Present : Supervisor Douglas Austic ; Town Council Roxanne Marino, Don Ellis, and Lucia Tyler; Absent : Rod Ferrentino Town Clerk Marsha L. Georgia; Deputy Supervisor Richard Coogan. Mr. Austic called the meeting to order at 7 PM . Attorney Contract The Board reviewed the contract presented by Ms . Geldenhuys . Ms . Tyler moved, seconded by Mr. Ellis the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Austic to sign the contract with Attorney Mariette Geldenhuys . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. SEAR review Part II The Board reviewed Part II of the SEQR for the new Zoning Law and made the following resolution : Moved by Mr. Ellis and seconded by Ms . Marino . TOWN BOARD OF THE TOWN OF ULYSSES In the Matter of the Amendment of the Zoning Ordinance of the Town of Ulysses Resolution and Determination WHEREAS , the Town Board of the Town of Ulysses ("the Town Board") adopted a Town Wide Comprehensive Plan on April 13 , 1999 ; and WHEREAS , the Town Board adopted a town-wide Rezoning Law on August 30, 2005 (local law no . 3 of 2005 ) to replace all existing zoning in order to update the Town Zoning Law to be in compliance with the Comprehensive Plan; and WHEREAS , subsequent to the adoption of the above-referenced Rezoning Law, the Town Board determined that further amendment of the Town Zoning Law was necessary and prepared a draft of an amended Zoning Law (Local Law no .4 of 2007) ; (the "Action") ; and WHEREAS , this is a Type I action under SEQR in that it is a re-zoning of over 25 acres pursuant to 6 NYCRR § 617 . 12 and specifically § 617 . 4(b) (2) ; and WHEREAS , the Town Board as Lead Agency completed Part I of a Full Environmental Assessment Form (EAF) for the Action, which was duly filed with the Town Clerk; and WHEREAS , the Town Board published notice of a Public Hearing in the Ithaca Journal, the official Town newspaper, on November 3 , 2007 , and the Public Hearing was held on November 13 , 2007 , and ten days have passed since the date Public Hearing; and of the Pub WHEREAS , the Town Board , after due consideration of and deliberation on the Special Town Board Meeting 2 11 /28/2007 potential environmental impacts of the Action, completed Part II of the EAF, taking into account the generic nature of the Action since no specific development project is involved; and WHEREAS , notice was duly mailed to all Involved Agencies, including the New York State Parks Commission, the County of Seneca, the Towns of Covert, Ithaca and Enfield and the Village of Trumansburg, proposing that the Town Board be the Lead Agency and describing the proposed Action, and no objection was received from any Involved Agency; and WHEREAS , the Town Board hereby declares itself Lead Agency and accepts the Full EAF as complete ; and WHEREAS , the Town Board of the Town of Ulysses has determined that the Amendment of the Town Zoning Law will not have a significant adverse impact on the environment, after consideration of its potential impact on Town : 1 . Water quality 2 . Air quality 3 . Plants and Animals 4. Aesthetic Resources 5 . Historic and Archeological Resources 6 . Open Space and Recreation 7 . Transportation 8 . Energy Resources 9 . Noise and Odor 10 . Land Use 11 . Public Health 12 . Growth and Character of the Community; and WHEREAS , the proposed Amendment of the Town Zoning Law is a proposed Action' consistent with proper land use and the promotion of public health and safety in the Town, taking into account social and economic considerations ; and WHEREAS , all steps have been taken in the proposed Action to the extent practicable to mitigate any negative effects identified by the Town, NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Town hereby adopts Parts 1 and 2 of the Full EAF; and it is further RESOLVED, that the Town hereby adopts findings 1 through 12 set forth above ; and it is further RESOLVED that the Town Board of the Town of Ulysses, based on the EAF and its findings, hereby makes the determination that the adoption of Local Law no . 4 of 2007 amending the Town Zoning Law will have no significant adverse impact on the environment and declares and hereby issues a NEGATIVE DECLARATION under SEQR. Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Local Law #4 2007 Zoning Mr. Ellis moved, seconded by Mr. Ellis the following resolution : Special Town Board Meeting 3 11 /28/2007 RESOLUTION OF THE ULYSSES TOWN BOARD APPROVING LOCAL LAW NO. 4 OF 2007 AMENDMENT OF THE TOWN OF ULYSSES ZONING LAW WHEREAS , the Ulysses Town Board ("the Town Board") adopted a Comprehensive Plan for the Town on April 13 , 1999, and WHEREAS , the Town Board adopted Local Law no . 3 of 2005 on August 30 , 2005 , a rezoning law to bring the Zoning Law of the Town in compliance with the Comprehensive Plan; and WHEREAS , the Town Board has determined that further amendment of the Zoning Law is necessary to promote the public health and safety of the residents of the Town; and WHEREAS , the Town Board performed environmental review of the proposed amendment of the Zoning Law pursuant to the provisions of SEQR, issued findings and adopted a Negative Declaration under SEQR on November 28 , 2007 ; and WHEREAS , the Town board mailed the Tompkins County Planning Department a full statement of the proposed amendment of the Town Zoning Law pursuant to General Municipal Law § 239(1) and (m) on July 12 , 2007 , and thirty days have elapsed since such mailing; and WHEREAS , the Tompkins County Planning Department did not object to this Local Law, and no protest petition objecting to this Local Law has been received by the Town Board, and a supermajority (majority plus one vote) is therefore not need for passage of this Local Law by the Town Board; and WHEREAS , a public hearing on the proposed amendment of the Zoning Law was held on July 10, 2007 , and notice of such hearing was published in the Ithaca Journal, the official newspaper of the Town and a newspaper of general circulation, on June 28 , 2007 , more than 10 days before the date of the public hearing; and WHEREAS , it is in the best interests of the Town and its residents to amend the Town Zoning Law to provide for responsible land use and development consistent with the Comprehensive Plan; and WHEREAS , the full text of this Local Law is intended to supersede the existing Zoning Law of the Town of Ulysses ; NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town Board of the Town of Ulysses hereby adopts Local Law no . 4 of 2007 , to be effective upon filing with the New York State Secretary of State as required by law; and be it further RESOLVED that the text of Local Law no .4 of 2007 is hereby enacted by the Town Board of the Town of Ulysses on November 28 , 2007 . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Budget Summary Ms. Marino asked Mr. Austic to correct and re-print the summary page and the tax rate page, give to Mr. Coogan to be placed on the web page . Special Town Board Meeting 4 11 /28/2007 CPC Communication Resolution Mr. Ellis introduced the following resolution to be placed on the agenda for the December Regular Board meeting of December 11 , 2007 . Whereas the Town Board established the Comprehensive Plan Committee (CPC) in June 2006 to review and recommend amendments to the 1999 Town of Ulysses Comprehensive Plan, according to a structure approved in April 2006 , and the Town, upon recommendations of the Comprehensive Plan Committee contracted with II Bergmann Associates to assist with this review, tf Be it resolved that the Chair of the Comprehensive Plan Core Committee will supervise the work of the consultant (Bergmann Associates) , in coordination with the CPC . The CPC chair or designee will report monthly to the Town Board during the project, and take input from the Town Board back to the committee and consultant for consideration, Be it further resolved that recommendations or requests for changes to the project work plan and scope of services as described in the contract with Bergmann Associates (approved by the Town Board on October 9, 2007) from the Town Board, Planning Board, or any other Town staff, elected, or appointed officials will go through the Comprehensive Plan Committee Chair. Water Survey Ms . Tyler would like to see a focus group or an advisory committee so that people in the community can have input on the questions for a water survey. The Board did mention that the Planner consultant hired for the Comprehensive Plan is getting back to the Town on a fee for a water study. Mr. Ellis feels that a survey of going door to door and talk to people and make a very structured effort to contact the people. The general consensus of the Board was to establish a committee, set goals for the water study and what information that would be needed and bring this to the December 11 , 2007 Regular Board meeting. On this committee it would be useful to have members who have special knowledge of water related information. Ms . Marino had a couple of names of people that are interested and are in this field. Administrator Assistant Mr. Ellis bought the suggestion forward in reference to an Administration Assistant and he will work on a resolution to be presented at the December 11 , 2007 Regular Board meeting. Planning Board Appointment Mr. Coogan will get a hold of the people that have expressed interest in the Planning Board. Hearing no further business Ms . Tyler moved, seconded by Mr. Ellis to adjourn the f meeting. Unanimously approved meeting adjourned. f Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg