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HomeMy WebLinkAbout2008-12-09 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING DECEMBER 9, 2008 PRESENT : Supervisor Douglas Austic ; Council Mr. Ferrentino , David Kerness, Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L . Georgia; Deputy Supervisor Richard Coogan; Highway Superintendent James Meeker; Attorney Mariette Geldenhuys . Others Present : Village Trustee Chris Thomas , Geoffrey Hart, Roxanne Marino , Diane Hillman, Jamie Saine Free Press Reporter. APPROVAL OF MINUTES Ms . Thomas moved, seconded by Mr. Kerness the following resolution : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Regular Town Board meeting of November 10, 2008 as corrected and changed : Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Ms . Thomas noted a difficulty in determining if a board member has abstained from a vote since some members of the board consider saying nothing a vote of abstention. She suggested that the Clerk call for no and abstention votes as well as aye votes to have the voting record clear. APPROVAL OF CLAIMS Ms . Thomas moved, seconded by Ms . Tyler the following resolution : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers # ' s 430 through 477 in the amount of $ 91 ,205 . 07 . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted REPORTS OF REPRESENATIYES Tompkins County Representative Jim Dennis absent . Trumansburg Fire Department absent . Planning Board Report Mr. Coogan reported for Ken Zeserson the Planning Board Chair and read his report into the record as follows : Regular Town Board Meeting 2 12/09/2008 It should be noted from the outset that the Ulysses Comprehensive Plan still in process clearly states the desire of the populace to maintain and protect the rural nature of our community. Also , the Town of Ulysses in a resolution dated May 1 , 2008 , asked the Planning Board to review considerations critical to the enactment of a Conservation Zone including some if not all of the areas currently designated UNA's in our town. Hence . . . The Planning Board is actively performing research aimed at establishing a Conservation Zone in Ulysses roughly aralleling the Black Diamond by continuing the one that ends of at the Town of Ithaca line . Towards that end we have identified six major rationales for enacting a Conservation Zone in an area still to be determined but basically including the areas deemed " Conservation District" and " Environmental Protection Areas " on page 31 of the draft Comprehensive Plan. Our purpose is to protect : • Steep Slopes (>8 degrees) • UNA's in the region in question • Erodible soils • Primary creeks and streams • View sheds • Old growth forest We have. had several meetings in the past few months discussing ways to achieve these objectives and most recently huddled with Sue Ritter who has had considerable experience in this regard since she spearheaded the development of the Town of Ithaca Conservation Zone . We are currently refining the language we would suggest to describe the new zoning we intend to suggest to the Town Board and hope we can initiate the process with a public meeting in the first quarter of the new year Our next meeting on this is December 16th at 7 : 00 pm and we would certainly welcome involvement from others on the Town Board in addition to the invaluable assistance that Dave Kerness has provided thus far. Respectfully submitted by, Ken Zeserson Mr. Coogan said that the Route 96 Corridor Study is moving into report #4 and that will be looking at what the municipalities may be able to do within the corridor and what kind of agreements can be reached with the City of Ithaca, Town of Ithaca and Town of Ulysses . The County is going to put together a number of possibilities that could be done to make the corridor more livable. Ms . Thomas has said that she is willing to meet with Mr. Coogan and so will Stan Beams from the Planning Board so that they can go over some recommendations to see what Ulysses would like to see included . Some of the things being talked about the County said with purchase of development rights in the areas where there still is farmland along Route 96 they may be willing to partner with either the Town of Ithaca or the Town of Ulysses and reserving some of that land, although we all recognize the fact that it looks like purchase of development rights money is just about gone . The only thing that they may be looking at is transfer of development rights which is a little different concept with notable development . These things will all be flushed out in the final studies. The 96 Corridor Study differs a lot from the Route 13 Study in that we really have not spent the time on zoning regulations . Ms . Thomas asks to set up Purchase of Development Rights explanation by Scott Doyle for the second meeting in January 22 , 2009 at 7 : 00 pm . Code Enforcement Officer Alex Rachun reported that a total of 8 building permits were issued for the month; 2 for single family residential starts, 3 for residential accessory buildings , 2 for solid fuel and 1 for residential addition. Mr. Rachun said that in October he attended the Fire Marshall Inspector seminar at the NYS Fire Academy and has completed his 24 hour in service training for certification. Mr. Rachun said that the Town of Ulysses has 59 commercial locations that require annual and bi- annual fire inspections and all places of pubic assembly accept the Yacht Club that requires mandatory fire inspections have been inspected . This includes Taughannock Farms , Racker Center, CAR, Glenwood Pines, and the Methodist Church. The Cayuga Nature Center needs some upgrades and will be upgraded . Regular Town Board Meeting 3 12/09/2008 Under Zoning and Planning Mr. Rachun received a call from the architect of NYATC and that project is currently on hold with no probable start status, which is the soft ware development company. There was a variance issued in October for George Hewertson for a sub-division on Rabbit Run Road , which was approved for the division of his property. Water Committee — Diane Hillman reported the committee talked about what they wanted to do in creating some public information, which Ms . Hillman is working on and the issue that was talked about is the difference in what EDUs being charged at the trailer park and the duplex housing units . The trailer park is being charged 1 EDU for each trailer and the duplexes are being charged . 8 for each unit. This is because of the way they are hooked up to the water. In the future where it is possible each will have a separate hookup . Ms . Thomas said that once this committee was established they were to come back to the Board with their goals and objectives . Ms . Hillman said that she will check on this and get back to the Board . Ms . Hillman said the sort of things she is working on for public information will be for the web page such as ; maps of the water district, how to get a hold of the committee members , the process of requesting an extension of the district, the minutes , how to acquire a permit and other information Comprehensive Plan Committee Report Ms . Marino spoke in Ms . Poelvoorde ' s absence and said they are still revising the draft comprehensive plan. The minutes are up to date and are on the web page. The CPC had a meeting with Ed Marx regarding the Rt. 96 Corridor Study and came to a good solution and will be revising the Comprehensive Plan Map . There is a meeting tomorrow night where they hope to finish up and from there they will send all the updates and edits on for a revised Draft Comprehensive Plan and Map to go the Board and be ready for a public hearing to be scheduled . • Members from the Comprehensive Planning committee would like to join a meeting organized by Dick to learn more about the Route 96 Corridor Study. These people include Rod Hawkes, Liz Thomas and Roxanne Marino . Mr. Austic suggested removing some of the pictures in the plan. Ms . Marino said that Ms . Poelvoorde had suggested that also . PUBLIC PRIVILEGE OF THE FLOOR Chris Thomas, Village Trustee reported that the Village is going to start talking about the cost of a Water Filtration Plant. They are in the very first stages of this process . It is not t he only option they are looking at . Also the Village sent out surveys and is just starting to get them returned on resident ' s opinions on the new annexed property and how people would like to see that zoned . The Village would also welcome any comments from the Town on this . All of the Village Board and many residents that Mr. Thomas has spoken with were very pleased with the turn out of the Winter Festival. Mr. Thomas reported on the street lights and the difficulty they have been having. Also he reported that the Village officially accepted Parkside Drive and Meadowview Drive as part of the Village in order to apply for more Chips funding. The Village is also assessing Village owned property that is no longer a use to them and possibly putting it up for sale. The Fire Department on Saturday is having a meeting on the new truck purchase . The Town should have received an email on a new contract for the Court Security and can be discussed at a later date. Regular Town Board Meeting 4 12/09/2008 Mr. Ferrentino asked about the building owned by the phone company and the purchase offer from the Village . Mr. Thomas said that his understanding is that the phone company has been unresponsive to all of the Villages efforts . The Village sent in a purchase offer and the phone company has not responded . They are hearing that the phone company is rethinking selling it at all and using it again to store their trucks in it. Mr. Ferrentino said them does it mean that the Town can remove that amount from the budget. The response was it would not be removed. Mr. Ferrentino said in regards to the zoning of the annexed property is that the Town had zoned that property in relationship to what the County wanted and he would hope that the Village engages the County because the Town and the County had a foot print of that. Mr. Thomas said that are looking at the way it is zoned now but zoning considerations in the Village will have to take precedence because it is in the Village now . They are working with the County. Mr. Ferrentino feels that someone from the Town should help work on that . Mr. Thomas said he would be happy to include the Town in the working of this and could let the Town know when they will be meeting to discuss the zoning . Mr. Ferrentino expressed his thoughts on a filtration plant versus the hook up of the Village to the water line of the Town ' s on Cold Springs Road after the Village had spend $ 80,000 to make that feasible. Mr. Thomas said that the Village is looking into different opinions and their concern with hooking up to the Cold Springs line is that in the future they will never have a "true" second source . BUDGET MODIFICATIONS Supervisor Austic introduced and moved the following modifications to the 2008 budget, seconded by Ms . Thomas . A FUND Increase 1221 . 1 (Dpty. Supervisor) by $ 194 . 55 Decrease 1011 . 1 (Bd . Coord . ) by $ 194 . 55 B FUND Increase 9060 . 8 (Med . Ins . ) by $ 788 . 36 Reduce 1990 . 4 (Contingency) by $ 788 . 36 DA FUND Increase 9060 . 8 (Med . Ins . ) by $ 1818 . 39 Increase 5140 . 1 (Brush and Weeds PS) by $ 1584 . 02 Decrease 9040 . 8 (Work. Comp .) by $2832 . 00 Decrease 5120 . 4 (Bridges) by $ 534 . 41 DB FUND � . Increase 9060 . 8 (Med . Ins . ) by $ 3673 . 98 Decrease 5112 . 2 (HW Cap . Imp . ) by $ 3673 . 98 Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Regular Town Board Meeting 5 12/09/2008 Adopted TOWN REPORTS Highway Superintendent James Meeker reported : • Changed oil & filters in the trucks and loader for winter • Had NYS inspections • Washed and waxed all trucks • Hauled stone for stock piles • Salted roads as needed • Worked on building plans (Mr. Meeker presented plans to the Board . ) • Speed limit reduction requests for South St . Ext . and Penn . Ave. Mr. Meeker explained what the speed limit changes and said that after the Board approves the changes they have to be sent on to the State for their recommendations and their final approval . Mr. Austic moved, seconded by Mr. Ferrentino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses by a resolution adopted this 9th day of December, 2008 , and the Town Superintendent of Highways of the County of Tompkins , hereby requests the Department of Transportation, pursuant to Section 1622 . 1 of the Vehicle and Traffic Law, to establish a lower maximum speed at which vehicles may proceed on Pennsylvania Avenue, a Town Highway between Elm Street and South Street Extension . Upon receipt of the notice that the regulation herein requested has been established, the Town of Ulysses, will provide, install and maintain signs in accordance with Vehicle and Traffic Law and conforming to the Manual of Uniform Traffic Control Devices of the Department of Transportation and, Further Resolved the Town Board of the Town of Ulysses , by a resolution adopted December 9, 2008 ,_and the County Superintendent of Highways of the County of Tompkins, hereby requests the Department of Transportation, pursuant to Section 1622 . 1 of the Vehicle and Traffic Law, to establish a lower maximum speed at which vehicles may proceed on South Street Extension, a County Road between State Route 96 and Waterburg Road . Upon receipt of the notice that the regulation herein requested has been established, the County of Tompkins , will provide, install and maintain signs in accordance with the Vehicle and Traffic Law and conforming to the Manual of Uniform Traffic Control Devices of the Department of Transportation . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Meeker stated that the Highway Association has been working with the Governor in trying to get some kind of an idea on the Chips funding for 2009 . The Highway Association was hoping that the funding would stay the same as 2008 . The talk is that it may revert back to the funding that was in 2006 . So at this time no one knows what the funding may be for 2009 . Regular Town Board Meeting 6 12/09/2008 Town Clerk Marsha Georgia reported that a total of $2 ,461 . 00 was collected for the month of November and out of that $ 660 .40 was turned over to the Town Supervisor along with her monthly report. Ms . Georgia reported that the water meters reads will be finished tomorrow and the December water bills will go out before Thursday. Ms . Georgia thanked Mr. Ferrentino with his help and the Fire Department with the "community burn" at the Winter Festival on Saturday night . Ms . Georgia also thanked Ms . Tyler for coming out Saturday night and helping Mr. Austic and his wife Paula serve the free hot dogs at the Winter Festival . Board Members and Committees Ms. Tyler reported that she attended a meeting as a member of the EMC Board regarding Gas and Oil Leasing put on by Professor Susan Riha of Cornell University. Richard Coogan from the Town was also there for the presentation. Bill Kappel of US Geological Survey and also a spokesperson from Fortuna Energy where in attendance also . They reviewed the Marcellus Shale and where it is located. There was also a discussion of the protection of water resources , the amount of water used, truck traffic and effects on nearby wells . Ms. Thomas reported that at the Youth Commission meeting funding was discussed and the possible cuts in funding. They are looking into ways to make up for the possible cuts . The Youth Committee is going to sponsor a fun day at the Middle School and High School . Ms . Thomas said that the Water Survey Committee has gotten all of the surveys entered into the software by Martha Ullberg. There were several (66) that do not have addresses so those will be entered with a different kind of coding to be counted. A volunteer that works with mapping has volunteered to map that out to see what it all looks like, where the problems may be. The group will meet sometime in January. Supervisor Austic previously distributed the Supervisor ' s financial report and no questions were heard. Mr. Austic said that the meeting of the Ag Protection Plan Committee was only attended by one member. Bergman Assoc . was there and handed out a couple of maps of the quality of the farmland and what is existing now including forest, etc . Mr. Austic sent the information to the members for their review . Ms. Thomas asked to be included in these meetings . The Ag maps being used from the County are more accurate then the original maps from the Comprehensive Plan . Mr. Austic reported on the TCOG meetings in reference to the health insurance in a consortium , which he had distributed information to the Board for comments . This was reviewed by Attorney Geldenhuys and attorneys with the County with more experience in health law . OLD BUSINESS Ethics Memorandum Ms . Georgia said that 39 had been sent out and 18 have been received back . I; } . Ms . Geldenhuys addressed the date that was in the memorandum and could be changed by the employees and public officials before signing and returning. The Board discussed the training that the attorney should be provided . They discussed whether training should be mandatory or not although the resolution stated the training is mandatory for public officials . The meetings would take place sometime in January. Ethics training is not mandatory for employees but only for officials . Mr. Kerness feels employees should not be required to attend as long as they read the ethics policy. Regular Town Board Meeting 7 12/09/2008 Mr. Ferrentino feels if should be mandatory for newly elected officials . Mr. Ferrentino moved, seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses states that everyone associated with the Town, even all employees and public officials will be trained at least one ethics training during the first year of their service . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Kerness said he will update the language of the ethics policy. OTHER Budget Presentation for the Web Page Ms . Thomas presented to the Town Board the 2009 Budget Presentation for the web page . Mr. Austic questions whether the rate of decrease is correct. He felt it was 20% rather then 13 % . Mr. Austic and Ms . Thomas will clarify this number and change it in the final document. Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the 2009 Budget Presentation presented by Ms . Thomas as the final draft which can be posted on the Ulysses web page . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness abstained Ms . Thomas aye Ms . Tyler aye Adopted NEW BUSINESS EMPLOYEE APPRECIATION GIFT CERTIFICATES Mr. Austic moved, seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the holiday gift certificates in the amount of $ 50 . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted DOG CONTROL OFFICER Mr. Austic moved, seconded by Mr. Ferrentino the following : j Regular Town Board Meeting 8 12/09/2008 Whereas : Ag and Markets Law Article VII requires each municipality in New York State to provide specific dog control 'services to its residents , and Whereas : In 2008 the Town of Ulysses appointed Christopher Austin to act for Dog Control Officer (DCO) providing the services required for such, and Whereas : The Ulysses Town Board has investigated alternatives for the services , and Whereas : The experience in 2008 with our present DCO has shown his ability to provide the service in an efficient, user friendly and cost efficient manner, and Whereas : The budgeted Dog Control line item is sufficient to both meet the DCO payroll as well as complete a dog enumeration in 2009, as discussed during the budget process, Now Therefore be it Resolved : That the Town Board of the Town of Ulysses appoint Christopher Austin as DCO for the year 2009 at a salary of $ 6500 per annum and use the line • item funds to complete an updated dog enumeration to update the last enumeration completed in the 1980 ' s . Ms . Thomas asked if Mr. Austic had received her additions to his resolution. He said he had but this is the resolution he made and it was seconded. Ms . Thomas read into the record the following that she wanted added to Mr. Austic ' s resolution as follows : Be it also resolved that any dog picked up by the DCO will be delivered to the SPCA for impoundment unless the dog owner is found within 6 hours of the initial retrieval . No dog shall be kept by the DCO overnight. Be it also resolved : that the DCO will provide the following : • An explanation of exactly how the DCO may be reached at all times . All contact information shall be posted on the Town of Ulysses web site. • A monthly report of activity including number of calls, number of dogs retrieved, fate of the retrieved dog • Be it also resolved : that in cases where the DCO cannot be reached, the SPCA will be paid for their duties acting as DCO at a rate of . • Be it also resolved that the SPCA will provide impoundment services at a rate of $ 300 per dog. Ms . Thomas said that she has a concern that there is only one DCO and it is hard for one person to be available 24/7 and in some case the Town may need a back-up . Ms . Thomas has talked with the SPCE and they would to willing to do that. Mr. Austic said he does not see why Ms . Thomas would want the DCO to take the dog to the SPCA. Mr. Austic said he will have a kennel available to care for the dogs . Ms . Thomas said that the SPCA does have a reputation and we know what care they give. Mr. Austic said that Mr. Austin does have help if he is not available and once people get used to Mr. Austin . More discussion took place. Mr. Austic will provide the inspection from the State to Mr. Austin ' s facilities . Ms . Thomas moved, seconded by Ms . Tyler to amend the previous resolution moved by Mr. Austic . Mr. Austic nay Mr. Ferrentino nay Mr. Kerness abstained Ms . Thomas aye Ms . Tyler aye Regular Town Board Meeting 9 12/09/2008 Defeated The original resolution was called for a vote . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness abstained Ms . Thomas nay Ms . Tyler nay i Defeated More discussion took place and came up without a resolution they could agree to . The Board wanted proof that Mr. Austin ' s kennel facility is approved by NYS . Mr. Austic will provide this proof and other information that the Board requests . Audit Ms . Tyler asked for an update on the Town ' s proposal for an audit for financial statement because it was talked about in the budget process . Ms . Tyler would like to get proposals from Sciarabba Walker and Ciaschi Dietershagen for financial statement audit and a separate cost for internal controls and see who would give the Town a better price . Ms . Thomas asked for a copy of the last audit and the financial statement . Hearing no further business Mr. Ferrentino moved, seconded by Mr. Austic to adjourn the meeting. Hearing no objection the meeting adjourned at 9 : 50 PM Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg