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
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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 :
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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 .
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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,
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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