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HomeMy WebLinkAbout2008-09-09 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING SEPTEMBER 9, 2008 Present : Supervisor Doug Austic ; Town Council Rod Ferrentino, Lucia Tyler, Elizabeth Thomas and David Kerness; Town Clerk Marsha L. Georgia; Highway Superintendent James Meeker; Deputy Supervisor Richard Coogan; and Attorney Mariette Geldenhuys. • Others Present: Code Enforcement Officer Alex Rachun, Chairman Comprehensive Plan Committee Sue Poelvoorde, Geoffrey Hart, Village Trustee Chris Thomas, Diane Hillman and Jamie Saine Trumansburg Free Press Reporter. Supervisor Austic called the meeting to order at 7 : 30 PM and led those assembled to the Pledge of Allegiance to the Flag of the United States of America. APPROVAL OF MINUTES After review of the changes and corrections Ms . Thomas moved, seconded by Mr. Kerness the following: BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Regular Board meetings of June 10, 2008 , July 8 , 2008 and August 12 , 2008 and the two Public Hearings of July 8 , 2008 with the changes and corrections previously discussed. Mr. Austic aye Mr. Ferrentino aye Ms. Thomas aye (abstained on 8/ 12/2008) Ms . Tyler aye Mr. Kerness aye Adopted. APPROVAL OF CLAIMS Ms. Tyler moved, seconded by Ms . Thomas the following: BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined vouchers numbers 315 through 348 (excluding #347 in the amount of $450) for a total of $21 ,207 . 37 . REPORTS OF REPRESENTATIVES Chairman Comprehensive Plan Committee Sue Poelvoorde reported that at the last meeting she reported that the preliminary draft of the Comprehensive Plan dated August 2008 has been reviewed by the Comprehensive Plan Committee and have provided comments to Bergmann Associates and they are compiling those comments in a memo format and will be getting those back to the CPC . Ms . Poelvoorde also said that the CPC is waiting on an updated map to supplement the existing land use map that has some errors . Ms. Poelvoorde said that she will be getting that to the Board for their review and comments . Ms . Poelvoorde said that the scheduling is the next thing to be considered. Ms . Polevoorde ' s thought is to spend September and October reviewing the document and maybe the Town Board could issue the lead agency letter for SEQR with a projected October or November Public Hearing. The Town Board discussed setting dates for the Comprehensive Plan review and the review and work sessions on the budget. The following dates have been set for meetings (note some dates are tentative and may change or be cancelled if not necessary) . Regular Town!, Board Mtg. 2 09-09-2008 • September 31St Mr. Austic provide copies to the Town Board of the 2009 Budget (no meeting) • October 1st at 7 pm presentation of the Comprehensive Plan by Bergmann Associates . • October 2nd at 6 : 30 pm — Tentative Budget Presentation/Budget Workshop • October 6th at 6 : 30 pm — Comprehensive Plan review • October 14th at 7 : 30 Regular Town Board meeting to determine Lead Agency for SEQR for Comprehensive Plan • October 15th at 7 pm Budget work session and October 22nd if needed • October 29th 7 pm adopt Preliminary Budget • November 10th at 7 : 30 pm Regular Board meeting to be on Monday night — final revision of Preliminary Budget • November 13th or 17th Comprehensive Plan approval for public hearing • December 15th at 7 pm tentative date for Public hearing on Comprehensive Plan Ms . Thomas announced that the Comprehensive Plan Draft is available on the Ulysses Web page . Water Commission, Diane Hillman reported that the Water Commission held their first meeting last week and three of the respective members attended. They talked about how they are going to precede, what information they would like to get out to people on what they are doing, and they have another meeting set for next month October 9th at 12 noon to be held in the Ulysses Town Hall in the conference room. Ms . Hillman is acting secretary and will provide minutes of their meetings that will also be posted on the web . Village Trustee Chris Thomas reported that nothing much is going on in the Village and they are Still waiting to here about the sale offer on the Trumansburg Phone Company building. Planning Board Liaison Mr. Kerness reported the following: 1 . PB approved Architecture Tech. Corp . (ATC) (a software company) for a new office building in an appropriately zoned area. The alternate design for a higher roof and silo design was reviewed and a letter of recommendation to the BZA was made to approve a variance for the height to more closely reflect over all "barn like structure" . The BZA approved the variance. The design was changed to down size the foot print and it was concluded that no further approval was necessary. All storm water design was consistent with the original approved design. 2 . A request was made to further subdivide the Houghton property which would have initialed a major subdivision action. The decision was made that major subdivisions was necessary and further action would require appropriate detail to allow building on the lot and any further action would have to be presented to the PB by Mr. Houghton and not the individual that is requesting to build on a lot. 3 . Low Density development in UNA ' s, water shed, steep slop, conservation, and over lay zones was discussed by the PB . Mr. Kerness said that there are two activities that the PB is wrestling with and one is how do you define the over lay zones or low density zones . They took a fast look at the comprehensive plan and what the PB is looking at is a few tweaks at that. The general conclusion defined areas West of Rt. 89 and East of Dubois . The tentative review shows a little less of property that you would look to for low density area then the comprehensive plan. The other thing is that the PB was using a tax map to lot only to overlay all the water sheds, steep slops etc . to see where the property lines are but one thing that was learned from the Town of Ithaca was that it helps if you just do not follow an arbitrary line that you really follow property boundaries because you would deal with fewer people, because that will still be the major effort to take place . The PB expects to give the Town Board in two months . One of the immediate actions would be to walk the Black Regular Town Board Mtg. 3 09-09-2008 Diamond Trail to get a real idea to what the maps show and what the land really is. 4 . The PB was asked to look into Alternative Energy and the first one they will look into is "wind power ". There is the private and the commercial . The Town of Ithaca passed a Wind Power Law on private wind towers . There are other municipalities with ordinances on "commercial wind power". The PB will review the Town of Ithaca' s law on wind power and also other municipalities ' laws . The PB expect to recommend something to the Town Board on this by December. 5 . The PB plans to review and submit comments back to the CPC by September 25th which they will share with the TB . 6 . Mr. Kerness asked the Chair of the PB to develop a budget for support of planning board activities for example if you wanted to include the Ithaca Wind Zoning Law into the Town ' s there will be work to be done that you may wish to hire someone to do that. Also may want to hire some of the Town of Ithaca' s people from time to time to give Ulysses some support. Mr. Kerness has asked the Town of Ithaca if it would be possible for the people that worked on the "lake front zoning and the wind power" to give a presentation to the Town Board of how they came up with it and the rationale that they came up with to develop the zoning laws. PUBLIC PRIVILEDGE OF THE FLOOR Mr. Todd Sadler a friend of Karen Brower a resident of Swamp College Road where her house has been determined "unfit for human habitation" is attending the meeting tonight to support her and see if the Board can do anything to help her situation. Mr. Rachun said that he would like to introduce Ms . Brower when he gives his report and would appreciate if the Town Board would listen to her and some of her concerns and Mr. Rachun will also express some of the neighbors concerns . TOWN REPORTS Highway Superintendent James Meeker reported the following : • Finished scraping and painting fuel tanks and dikes • Mowed all roadsides • Cleaned up a big tree that fell down in Podunk Road cemetery and repaired broken stones • Cleaned up another big tree that fell down on Willow Creek Point Road where the Town ' s turnaround is located • Ground rebates out and cleaned up on Parke Lane and Church Road for paving project starting 9/ 10/08 also shimmed up on Buck Hill Road Mr. Austic advised the Board that there is a repair of the Bridge on Seneca Road in 2009 which will cost around $ 103 ,000 and he recalls that last year at budget time he recommended not to cut the contributions to the reserve fund for bridges this $ 103 ,000 will only leave $9000 in that reserve fund. The bridge on Seneca Road is a County bridge but the Town is responsible for the approach, the railing and the deck the next bridge repair will be in two years . Code Enforcement Officer Alex Rachun reported that 5 building permits were issued for August and year to-date there has been 41 building permits issued which is a little bit more then usual however only one permit has been for a new house start in 2008 . Mr. Rachun reported about the storage trailers on the Kline property that his tenant emailed the Board about and reported that the zoning allows trailer storage until January and Mr. Rachun said that the tenant will no longer be at this location after January of 2009 . The new mini golf course has a problem with the lights not meeting the design standards of the zoning but it turns out the company set the lights incorrectly and this will be Regular Town Board Mtg. 4 09-09-2008 resolved. Mr; Rachun feels that even after being re-set they may be too bright and Mr. Cirri may have to re-visit the lighting design standards . Mr. Rachun said that he invited Ms . Brower here tonight because her property was posted last year "unfit for human occupancy" because it does not comply with NYS Property Maintenance Code. Mr. Rachun had contacted the owner of the property which happens to be Ms . Brower' s brother. What Mr. Rachun would like to ask the Board and also with talking with Better Housing if it would be possible to involve Better Housing who Mr. Rachun believes has an enormous amount of money right now and can not find any clients . Mr. Baldwin who is trying to get applicants has run into a dead end . Mr. Rachun feels that there is a lot of money left in the grant that Ulysses received. Ms . Tyler said that she will be reporting on that later. Mr. Rachun continued and said that this property of Ms . Brower' s has a boondoggle of ownership and difficulties where Ms . Brower can not meet Social Service or Better Housing requirements and the trust that was set up by her parents is not working for her and we have a person that is in danger and her trust owns property in the Town of Ulysses and she can not live on the property and is having a very difficult time. Mr. Rachun said that at this time Ms . Brower may want to explain her dilemma but Mr. Rachun also wants the Board to know that the neighbors around this property are very upset because the property is in such a state of disrepair and so there is conflict and this conflict is building and not being resolved and Mr. Rachun is not sure where to go with it. Mr. Kerness Said that he wanted to make a statement and ask a question at the same time. Mr. Kerness said that he talked with Ms . Brower' s brother last year and it was clear that he was cleaning out and had a dumpster on the property and getting rid of stuff that could or would have made it livable. Mr. Kerness asked if it has gotten worse again because he did a job cleaning it out and if there is stuff being brought back on the property and if so who is bringing it back. Mr. Rachun said that Ms . Brower should explain that but from what she told Mr. Rachun is that some of the stuff that is on the yard now that has brought the property back into noncompliance is there because she had to take it out of the house because the house is mold infested etc . etc . The reason why it has been posted again is because Mr. Kerness is correct the property was cleaned up and now has a lot of refuse but these are objects that she values but the NYS Building code considers it under the definition of rubbish. Mr. Kerness asked if Mr. Rachun has re-contacted her brother. Mr. Rachun said that he had but his health is not good at this time. Ms . Brower said that she can tell the Board and she can document that the biggest problem with the property is that three years ago the property flooded and she had standing water in the house and there was no way for the water to go out because the ground was saturated. Ms . Brower contacted the Red Cross and several other agencies in Tompkins County and they brought her a bucket, a tarp and some cleaning chemical and basically said good luck this is a flood zone and there is no flood insurance on the house and that left her with an incredible mess. She tried cleaning it out herself and the impression that you have that her brother did something is false. Her friend with her tonight and another man from the church are the ones with her that cleaned the property up and she wants that very clear to everyone; her brother is very good with talking to someone and when you hang the phone up thinking what Mr. Kerness just stated and it is totally false. Mr. Kerness said to Ms . Brower that it was not a phone conversation he was physically at the property and watched him remove the stuff and put it into the dumpster so it was not a phone conversation. Ms . Brower went on to say that she called the sheriff about what her brother put into the dumpster because it was her personal property and he had no right to take her property. Regular Town Board Mtg. 5 09-09-2008 She said that she is not here to debate that but is here tonight to try and resolve a problem that is huge for her to deal and she lives in what she calls the Jacksonville KKK. She said that she hears gun shots every day which frightens her, she has toxic burning around her all of the time, there are un-leashed dogs that come on her property, there is a man that uses Swamp College like it is a drag strip, which she has reported and the burning has been reported to the Health Department . Ms . Brower went on to say that she does not have a phone and no longer has a car which is very inconvenient. She would like the problems resolved but her hands are tied because she does not own the property and her name is not on the property so she does not qualify for any programs for help . Mr. Austic suggested that she call Mr. Baldwin at Better Housing because they are administering the rehab program that the Town is working on and see what he thinks about what they could do or can not do . Maybe at the very least they could do is fix the drain around the property to get rid of the water or put a roof on but you have to go through Better Housing and then they come to the Town to see if it can be funded or not or if you meet the requirements . Mr. Rachun said that her brother is willing to do that but the problem is that her brother does not meet the requirements that Better Housing has because her brother ' s income does not meet the guidelines so it leaves her in a bind. Mr. Rachun said he knows it is not Mr. Austic ' s problem but what he is saying that somehow there should be help to facilitate this . Ms . Tyler said that Better Housing has other programs . Ms. Brower said that she talked with John Spence at Better Housing to see what the programs are . Ms . Brower went back to talking about the burning and what was going to be done about that because of her respiratory problems and environmental sensitivity and her house is full of black mold and she said that there is no agency in Tompkins County that would touch the black mold. Mr. Austic said that he sees her situation but other then the programs the Town Board are working with he is not sure what the Town Board can do . Mr. Austic said about the burning she should contact the Health Department . Mr. Rachun said that he had contacted the Health Department and the technician at the HD went out and submitted letters to the neighbors not to do this and once that happens it becomes a sheriffs responsibility and they are not responding to it. Mr. Austic said he could check on the enforcement. Mr. Kerness asked Ms . Brower if she was living in the house now. Ms. Brower said that no she is not; that the house is not livable . Mr. Austic said that it has to be understood that the Town Board can not do anything except have Mr. Rachun talk to the neighbors and contact the sheriff and ask that the laws be enforced. Mr. Austic said that he can call Mr. Baldwin at Better Housing and also Sheriff Meskill and see what can be done; he does understand her dilemma. Town Clerk Marsha Georgia reported that a total of $ 3 ,344. 50 was collected for the month of August and $ 821 . 14 was turned over to the Supervisor along with her monthly report. A total of $2212 . 14 was turned over to DEC for licenses . Ms. Georgia wanted to clarify that she was misquoted in the Free Press and that there are DMP"S in the Ulysses area this year but they are only available if a hunter has a preference point or is a land owner. Board Members and Committees Regular Town Board Mtg. 6 09-09-2008 Board Member Lucia Tyler reported that at the last meeting for the Housing Rehabilitation Grant a total of thirteen Ulysses homeowners have been approved for critical major', home improvement work including septic , roofing, foundation repair, well work, handicap access, and heating systems . The committee has set aside a few projects because of lead paint issues but about two thirds of the money has been committed to date to the lowest income group . The funds committed to date for these repairs add up to $244,599 out, of the $400,000 grant total with each project totally less then $25 ,000 as prescribed by the grant. About $ 110,000 remains to be committed. The remainder goes to program administration. Work has been completed for two homeowners and five more projects are underway. The committee is on schedule for committing the funds but the actual work is running a little bit behind the schedule. , Supervisor o oug Austic previously distributed his monthly financial statement to the Board and asked if there were any questions . No questions for Mr. Austic on the monthly financial statement. Mr. Austic reported that TCOG has received two responses on the request for bids for Dog Control ; one is from the SPCA for a total of $ 310,000 and the other was from Pet Playhouse in Brooktondale for $265 ,000 . Mr. Austic said that after review TCOG felt that either one had fully met the requirements of the request. Instead of throwing both of them out they decided to go back and get more information that should have been included. They are waiting for this information to be returned before further review. TCOG is trying to figure out how to allocate the total of the expense. The SPCA' s proposal turn out to be based on people population which Ulysses ' s share would be around $ 14400 however the City of Ithaca' s share would be $96,000 . What was being questioned was what people population has to do with dogs . Mr. Kerness said that there is history for all of the Towns on the support of the SPCA on the projection of how they are going to charge. The real cost is the time that a dog is pursued and taken to the SPCA and again Mr. Kerness said we have that history and that is what should be used to project cost for the future and update that every year. Ms. Tomas said that TCOG has been looking at so many different formulas and no matter what you do 'some Town looses out. Mr. Kerness said tell him the argument that says that using history is the wrong way to go on support. Ms . Thomas ; said that it is a community decision and the Council of Government is trying to make a decision together and the equation they came up with the last time is to use human population plus dog population and then whatever that number is a percent of $300,000 that Town would have to pay. Mr. Ferrentino said you could just continue to pay the dog officer that we have now and pay the $ 5 ,000/$6,000 . Mr. Austic said he will check to see what the current dog officer wants for 2009 . Ms. Thomas , said that in the current situation we have to pay $ 100 per dog that is taken to the SPCA, but that may not be the number that The SPCA director is going to give us for 2009 . Mr. Austic said that if it becomes too much at the SPCA there are other places to take the dogs. Ms . Thomas, said it depends on how much the Town feels like having a SPCA for the County and the benefits for the County. Mr. Austic said that it may be a benefit for the County but is it a taxpayer thing to pay more then $6000 or $7000 for dog control . The additional cost would be a wicked donation forl the humane society. Mr. Austic said that the Town has not had a problem Regular Town Board Mtg. 7 `09-09-2008 only one dog so far has been taken to the SPCA. There is a certain amount of cost for the SPCA to do dog control which they don ' t seem to be able to figure out or have told us . Last year the Town took three dogs so $ 15 ,000 to $20, 000 for three dogs is a lot of money. If the public wants to donate to the SPCA because he is not saying the SPCA is a bad organization he is just saying that historically they have not given the Town good dog control so why would the Town reward them such a high amount of money for not doing a job and it has been that way every since we have been with the SPCA. Ms. Tyler and Ms. Thomas said that Abigail Smith, Director of the SPCA is planning on attending a Board meeting and talk about a proposal per dog to taking a dog there. Ms . Tyler said she does not think that dog control is the main mission anyway. But because the Council of Governments has not really come up with anything maybe she could come and talk about this before the Board does the budget. Mr. Ferrentino said he is not going to support giving the SPCA $ 17,000 when there are hundreds of people in this community who are going to have high fuel bills and we do not have to raise taxes for dog control . Mr. Ferrentino said that when Abigail attended the last Board meeting she said the SPCA could afford the humane part of the SPCA and all the Town is responsible for is dog control and right now the Town has a sweet deal going and we should stay with that . Mr. Austic said that under the Ag and Markets law the County is responsible for cats and humane investigation and is County funded. Ms. Tyler would like the director of the SPCA to come and talk with the Board and explain the cost behind per dog. Deputy Supervisor Richard Coogan reported that in August there was a complaint on the Kehoe property on Taughannock Blvd . that he was disturbing the creek. Mr. Coogan visited the property and walked and inspected the creek the length of his property and his creek is dry and there are no obstructions, no ponds, no ditches, and no diversions it is just dry and there is no water in the creeks . Mr. Coogan said that the County has done a new fly over and there is new information that the Town can access . Mr. Coogan announced that on Monday night September 15th the energy presentation from the County here at the Town Hall . Also the Corridor Study report three will have a presentation to municipal officials on the 18th of October. (Mr. Coogan will check this date because it would not be on a Saturday. ) The public hearing for the whole Corridor Study is schedule tentative for the 30th of October. OLD BUSINESS Comprehensive Plan was previously discussed. NEW BUSINESS Ithaca Wind Tower Ordinance Mr. Austic previously distributed copies of the Wind Tower Ordinance from the Town of Ithaca that the Board can read for future discussion . The Planning Board also has copies for their review and copies of other municipalities will be reviewed. Concern with Gas Drilling Mr. Austic said that at the TCOG meeting it was discussed the concerns in reference to Gas Drilling. One of the things that was discussed that Town ' s could be concerned about is the actual water issues. The Board asked about the concern with noise. Mr. Austic said that once NYS has issued a state permit for drilling not much can stop the operation of drilling; noise can not be controlled, time of operation, and you can not control locate; you can control interference with a water aquifer. Regular Town Board Mtg. 8 09-09-2008 The Town does get notification of when and where the drilling will be occurring and residents can be notified. Mr. Coogan said that it has been suggested that landowners have their wells tested prior to allowing drilling in case of future problems you would be able to show the condition of the wells . Water Surveys { Ms . Thomas said that a program has to be developed to accept the data that has been received. The committee does not have money to record the data but a student on the Youth Employment program is available to help with this input. The software is now available and time will be arranged for Catlin to complete the input; once that is done the committee will do the analysis . Then they will go from there on printing maps . Ethics Training Ms . Georgia said that she had received an email from Attorney Geldenhuys ' office on dates to present training for all Town of Ulysses employees and officials. One time can be scheduled for the daytime and another for the evening. The Board ' s general consensus was to push the date further in the future so it would not be taking place during the busy schedule the Board had previous established for the budget work shops and the Comprehensive Plan work sessions. Ms. Geldenhuys said she could look at alternative dates for the ethics training. Mr. Kerness said that he had sent everyone a memo that he would like to have the Town Board send out. Mr. Kerness read into the record as follows : MEMORANDUM The purpose of this Memorandum is to advise each employee and public official of changes to the Code of Ethics Policy for the Town of Ulysses that was recently adopted by the Town Board. A copy of the Code of Ethics is attached to this Memorandum for your information. Please review the Code of Ethics Policy, sign the attached sheet affirming that you have read and understood the Policy and return this sheet no later than --/--/-- to ???? If there are any components of the Policy that you do not understand or would like to comment on, please send your questions in writing or via e-mail to : (to be decided) Because Section 3 , paragraph A, dealing with gifts to staff and elected officials was recently changed, each employee and elected official should be aware that the gift limit described therein is a cumulative, annual gift limit and that the $75 referred to is the limit of all permissible gifts to an affected employee or official regardless of the number of such gifts . Beginning --/---/-- any alleged infractions of the Town of Ulysses Code of Ethics Policy will be referred to the Tompkins County Board of Ethics for investigation. Infractions of the Code of Ethics that are confirmed by such investigations will be referred to the Town Board for action. • Regular Town Board Mtg. 9 09-09-2008 Town of Ulysses Code of Ethics Policy I have received a copy of the Code of Ethics Policy for the Town of Ulysses . I have read and understand the Code of Ethics Polic for the Town of Ulysses and understand that it is my responsibility as a jta; memo a katelitai for the Town of Ulysses to adhere to its requirements . I understand that any alleged violations of the Town of Ulysses Code of Ethics Policy will be referred to the Tompkins County Board of Ethics for review and investigation. Date Supervisor Date This will be discussed at the next meeting to be mailed out or distributed to all that are expected to attend the ethics training. Public Comments No other comments were heard. Correspondence Mr. Austic announced that he received an announcement that Cayuga Lake Water Shed is holding an open house on October 22nd , 2008 at 4 : 30 . Also the Office of Attorney General will be at the office of Cooperative Ext. on September 17th, 2008 and Tompkins County Planning are holding a meeting to be held at the Town Hall on September 17th, 2008 on Energy Plan for the Future. Planning Board Appointment Prior to the Town Board meeting tonight the Town Board met and interviewed a candidate for the opening on the Ulysses Planning Board . Ms . Tyler moved, seconded by Mr. Kerness the following: BE IT RESOLVED that the Town Board of the Town of Ulysses approves the appointment of Stan Beames for the Ulysses Planning Board to fill the vacancy created by the resignation of Ms . Simmons . Mr. Austic aye Ms. Thomas aye Ms. Tyler aye Mr. Ferrentino aye Mr. Kerness aye Adopted. Mr. Beames will be notified to come in the office to sign the Oath Book. Adjournment Hearing no further business Mr. Ferrentino moved, seconded by Ms . Thomas to adjourn the meeting. Unanimously approved meeting adjourned at 10 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk Regular Town Board Mtg. 10 09-09-2008