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HomeMy WebLinkAbout2009-04-14 - PH TOWN OF ULYSSES PUBLIC HEARING APRIL 14, 2009 PRESENT : Supervisor Douglas Austic ; Council David Kerness, Elizabeth Thomas and Lucia Tyler; Mr. Ferrentino absent; Town Clerk Marsha L. Georgia and Attorney Mariette Geldenhuys . Others Present : Thomas Mann, Cheryl Thompson Diane Hillman and Erik and Deborah Whitney. Supervisor Austic opened the public hearing at 7pm . The proof of publication was furnished. Mr. Austic read Local Law # 1 into the record as follows : A Local Law to Increase the Salary of the Town Supervisor Be it enacted by the Town Board of the Town of Ulysses as follows : SECTION 1 In the past, there were two separate positions listed in the budget for the Town Supervisor and the Bookkeeper. The budget contained two separate salary lines, one for the Supervisor and one for the Bookkeeper. The Supervisor filled both positions. To address incompatibility of positions, the Town Board has eliminated the position of Bookkeeper through December 31 , 2009 . The position will be reinstated effective January 1 , 2010 . As a result, the bookkeeping duties revert to the Supervisor pursuant to Town Law §29(4) . Accordingly, the Town Board has concluded that the Supervisor' s salary should be increased to fairly compensate the Supervisor for the workload that includes bookkeeping duties . SECTION 2 The notice of hearing for the preliminary budget for 2009 specified that the Supervisor' s salary for 2009 shall be $ 15 , 000. 00 . Section 27( 1 ) of the Town Law provides that the annual salary of an elected officer may be increased, for not more than one fiscal year, in excess of the amount specified in the notice of hearing in the preliminary budget by local law adopted pursuant to municipal home rule law. SECTION 3 The annual salary of the Supervisor of the Town of Ulysses for 2009 is increased from $ 15 , 000. 00, the amount specified in the Notice of Hearing for the preliminary budget, to the sum of $ 33 ,044. 00 . SECTION 4 This local law shall take effect upon filing with the Secretary of State, but the filing shall not occur until at least forty-five (45) days after its adoption, or until approved by a majority of the qualified electors of the Town of Ulysses voting on a proposition for its approval if within forty- five (45) days after its adoption a qualified petition is filed with the Town Clerk. Mr. Austic asked if any one present would like to make comments on the local law. No one wished to comment. Hearing no further business Mr. Austic moved seconded by Mr. Kerness to close the public hearing. Mr. Austic aye Mr. Kerness aye .. . . Public Hearing 2 04/ 14/2009 Ms . Thomas ; aye Ms. Tyler aye Adopted Meeting adjaurned at 7 : 25 pm. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG: mlg a • TOWN OF ULYSSES REGULAR TOWN BOARD MEETING APRIL 14, 2009 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 : Thomas Maim, Cheryl Thompson, Diane Hillman, Erik & Deborah Whitney, Geoffrey Hart, Chris Thomas, Jim Dennis and Free Press Reporter Jamie Saine . APPROVAL OF MINUTES : RTB3/10, STB 3/26 Ms . Thomas provided corrections and changes for the Regular Town Board meeting of 3/ 10/2009 . Mr. Austic moved to table the minutes because he had not had a chance to read the corrections or changes, seconded by Mr. Kerness . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted APPROVAL OF CLAIMS Ms . Tyler moved, seconded by Mr. Kerness the following resolution: BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined vouchers # 105 through 151 in the amount of $ 19,052 . 78 . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted VILLAGE REPRESENTATIVE Chris Thomas reported that the Village had their organization meeting last night and are trying to weed out some old committees . The Village is still progressing on the work with the Ron Don Island and they have received a beautification grant that will help . The Village has hired T . G. Millers to survey the property that they required through the annexation so that they can set the monuments on Seneca Road showing their boundaries . GRASSROOTS PROJECT Mr. Erik Whitney the engineer for the Grassroots project distributed some handouts and maps of the project for a campground on Agard Road . Mr. Whitney has been working on the Stormwater quality and quantity run off issues from the parking and the off-site campgrounds located on Agard Road . Mr. Whitney said that at this point in time three very basic approaches were selected to ensure Stormwater runoff quality and limit the Stormwater runoff quantity affecting the site. The first proposed is to divert offsite (uphill) Stormwater runoff from flowing across the site. The second measure proposed is to stabilize and protect surfaces from erosion in areas on site where earth is exposing, particularly along the access drives and in parking areas . The third measure proposed is to construct onsite interceptor grassed swales to Regular Town Board Meeting 2 04/ 14/2009 minimize the flow of Stormwater runoff across areas where these flows are made likely to pick up and convey sediments from . Mr. Whitney went in to more detailed explanation. Mr. Austic said that the Board will discuss the proposal later in the meeting to determine if it should be turned over to the Planning Board for review . At that time the PB may ask for additional information. Then it would be sent back to the Town Board for a decision. Mr. Mann asked if they would be hearing anything between now and next Tuesday when the PB meets . Mr. Coogan said th9t he can have Mr. Rachun give them a call tomorrow and let you know . REPORTS OF REPRESENTATIVES Tompkins County Representative Jim Dennis reported that the sale tax numbers have dropped off about 6% below last year but there was a $ 500 ,000 adjustment that was made. If this keeps up for the rest of the year the County will be at what they budgeted and have no additional, which they count on. Mr. Dennis said that within the next two weeks the legislature will have their budget retreat, which in a fact they set the levy goal. Last year it was 3 % above spending which they met and the tax rate was set accordingly. Mr. Dennis is hoping that this year they can set some where between 0% and 3 . 5 % . At the last look the County is roughly one-million off, if nothing was done and they said they want a 0% increase in levy they would have to account for about 1 . 2 million. The legislature will have to make some tough decisions about a whole bunch of things and when you have 85 % to 90% in your budget based on personal cost you al1 understand what has to happen. Mr. Dennis said that the State budget was passed and the County faired better then they thought although they lost $ 100,000 in the Health Department, $ 120,000 in the Sheriff' s Department, and $ 150,000 in another area but it still was not a dramatic impact on the County revenues . There are some who believe that the Governor will have to take another look at the budget in October or November and what the State was in the hole will probably increase . TRUMANSBURG FIRE DEPARTMENT no one in attendance. PLANNING BOARD REPORT no one in attendance. COMP. PLAN REPORT, SUE POELVOORDE no one in attendance. PUBLIC PRIVILEGE OF THE FLOOR no one wishes to speak. TOWN REPORTS HIGHWAY SUPERINTENDENT James Meeker reported the following : • General maintenance of trucks • Raked sod & stone in place from winter plowing operations • Hauled stone • Worked on roadside mower • Went to Syracuse to look at a 1998 used truck & plow (not impressed) • Cleaned ditch on Cayuga View Road • Cleaned up downed trees from high winds • Starting to clean up cemeteries • Bridge project up-date — in the process of appraising land along the creek bed on Curry road. A total of . 4 acres would have to be required. Once the appraisals are in will talk to the owner. • Building project — talk about later in meeting Ms . Thomas askel about the erosion along the creek bed. Mr. Meeker explained what they would be doing tci► prevent that from happening. CODE ENFORCEMENT OFFICER Alex Rachun was absent but he submitted a written report as follows : ISM Regular Town Board Meeting 3 04/ 14/2009 Building and Zoning report March 1 through March 31 , ?009 The total number of building permits for March was as follows : 1 Permit for single family residence addition 2 Permits for single family residence accessory buildings Total construction cost: $336,000 Fees received : $ 559 Zoning and Planning Spruce Row Campgrounds The Planning Board met last Tuesday to discuss the new PUD for Spruce Row Campgrounds and they seemed to be unclear on what they were reviewing. The feeling is that they needed more direction from the Town board and that the request from Scott Sherwood has changed from requesting sales of campers to requesting a significant number of Park Models to be located throughout the campgrounds . I told the Planning Board members that I would request at the April 14 Town Board meeting that the Town Board propose specific direction to the Planning Board on what and how to assist the Town Board in making it's determination . The Town board has discretionary power on whether or not to approve the new PUD and because it is a change in zoning, a Type I SEQR action is required. As such, the Town Board may request that the Planning Board review the project Under Article 3 .4 in our Zoning Law, do SEQR as part of site plan review, and send their recommendation back to the Town Board. The Spruce Row PUD has its own set of rules and guidelines that may or not be the same as the design standards for campgrounds in the Zoning Law. Under site plan review, however, the Planning Board would require the applicant adhere to the design standards in the Zoning Law. The process may be as follow : 1 . Direct the Planning Board to review the request for the new Spruce Row PUD under the guidelines of Article 3 .4 Town of Ulysses Zoning Law. This would require the applicant to complete the LEAF, long environmental assessment form, for SEQR and for the Planning Board to complete part 2 with their findings and recommendations . Under site plan review the Planning Board may schedule a public hearing, or defer the public hearing to the Town Board. 2 . Review the findings and recommendations of the Planning Board and direct the Zoning Office to administer all the required paper work necessary to hold a public hearing for the zoning change and SEQR, both of which are required. 3 . When the involved agencies have responded, or the required 30 day period from time of mailing has elapsed, schedule a public hearing. The involved agencies most likely include County Planning, the Health Department, and DEC . 4 . Hold a public hearing for both the zoning change and SEQR. This can be done concurrently. . 5 . Vote on the proposed zoning change or send it back to the Planning Board for further review. Respectfully, Alex Rachun, Zoning Officer, Building Inspector Mr. Austic said that the Planning Board is asking for guidance from the Town Board on how to pursue the Spruce Row application. This is on the agenda later in the meeting. Ms . Thomas asked if there was any other information for the Town Board to review on Spruce Row. The project is larger then what the original project proposed. Ms . Thomas would like to see more information on this project. Mr. Coogan said he could make copies of his proposal . Regular Town Board Meeting 4 04/ 14/2009 TOWN CLERK Marsha L. Georgia reported that a total of $ 1266 was collected for the month of March of which $903 . 51 was turned over to the Supervisor with her monthly report . Ms . Georgia reported that the 2009 tax season has come to an end. A total of $3 , 535 , 136 . 19 was collected. A total of $2034 . 69 was collected in penalties and late notice fees that was turned over to the Supervisor. 191 residents took advantage of the installment process costing them a total of $ 8 , 869 . 41 for that privilege that was paid to the County. A total of $224,967 . 99 was uncollected representing only 93 tax payers . BOARD MEMBER AND COMMITTEES Ms. Thomas reported that she had attended the Ulysses Youth meeting and said how busy the youth are with all their many projects and programs . One of the programs that they had last year was the out door movie night that they would like to continue this summer. Ms . Thomas asked if the Board would be agreeable to sponsor one night movie for next year in the amount of $ 150 . 00 . Ms . Tyler reported that she attended the EMC meeting where they discussed a problem with another invading insect the Hemlock wooly adelgid that are attacking the Hemlock trees . Ms . Tyler explained how to detect and get rid of. DEPUTY SUPERVISOR Richard Coogan said that the SEQR for the Comprehensive Plan has been reviewed by him and Mr. Rachun that was done by the consultants of Bergmann Association. Mr. Rachun found discrepancies in the SEQR Part I and he has re-done it. They have spoke with Bergmann Association about the differences . Mr. Rachun needs the Board to determine which SEQR application to send out for lead agency. Mr. Kerness would like Mr. Coogan to go back to Bergmann Association and get them to change their number or at least understand where they came up with there numbers . Mr. Kerness said we hired Bergmann and now we are willing to just say that their numbers are no good. Ms . Thomas said that there are some things in the Bergmann application that should be used. She said that the Comprehensive Plan Committee is meeting next week and if Mr. Coogan could let them know the discrepancies they could be talked about then. Mr. Kerness said that if Bergmann is taking into consideration potential future law changes he thinks that is a nice thing to do but not to follow that, follow the law that is in place today. Mr. Coogan said that Kimberly at Bergmann did the SEQR. Mr. Coogan will get a hold of Kimberly to see where she got the numbers . Mr. Coogan said that the corridor study group is asking all of the municipalities for support . Mr. Coogan distributed a brief summary. SUPERVISOR Austic previously distributed his final report and explained briefly. The Town ' s sales tax is down a little but Mr. Austic does not see that it will affect the 2009 budget. Mr. Austic said that the representative from the Ciaschi ' office came in and collected some information for the audit and will be back April 27th to formally start the audit . Mr. Austic said that the Ag Land Farmland Protection Committee is having a hard time getting a quorum so that they can have their meetings . Ms . Thomas suggested appointing a chair to this committee which may help to get the word out to all of the members . Ms . Thomas moved seconded by Mr. Kerness the following: BE IT RESOLVED that the Town Board of the Town of Ulysses appoint John Wertis as the chair to the Ag Land Protection Committee. Mr. Austic aye Regular Town Board Meeting 5 04/ 14/2009 Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Ms . Thomas said that if this continues to happen the Town Board may drop the number of members to make it easier to have a quorum . Mr. Austic said that at TCOG they are still working on the health insurance. There are still a couple of problems with the weighted vote system where one of the towns feels they should have an additional vote . These are the kind of sticking points now . There is a meeting tomorrow and they may have some prices to review on insurance. The TCOG also spoke about gas leasing and where to find out more information about it . Ms . Thomas said that the Cooperative Extension web site has information on that. OLD BUSINESS TOWN BARN PROJECT Mr. Meeker has received two proposals from engineers for the Town Barn project that range from $ 10, 500 to 12,000. Mr. Meeker is checking out references on each of the engineers. Mr. Meeker would like the Board to give him permission to go ahead when he gets all the information in staying within the range of $ 10, 500 to $ 12 ,000. Ms . Thomas moved, seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Highway Superintendent to hire an engineer to draw up plans for the Town Barns project staying in the range of $ 10, 500 to $ 12 ,000 . Mr. Austic aye Mr. Kerness aye Ms. Thomas aye Ms . Tyler aye Adopted WATER SURVEY Ms . Thomas said that she has talked to Sue Ritter about the Water Survey and how it stands with finalizing and mapping. One of the volunteers that were going to do the GSI mapping is very busy now and does not have time to comply. Ms . Thomas is looking into having someone else do this for them . It was suggested that possibly TC Planning could help out. SET DATES FOR COMP PLAN REVIEW Mr. Austic thinks it would be good to set up a meeting to review the Comprehensive Plan before it is ready to go to a public hearing. The Board felt that they could talk about this at the second scheduled meeting on April 23 '1, 2009 . OTHER Zoning Appointment Ms . Thomas spoke with George Tselekis in regards to the re-appointment of Barbara Bristow on the Zoning Board of Appeals; Ms . Bristow would like to remain on the board and he is fine with that. Ms . Thomas moved, seconded by Mr. Kerness the following Regular Town Board Meeting 6 04/ 14/2009 BE IT RESOLVED that the Town Board of the Town of Ulysses re-appointment Barbara Bristow to the Zoning Board of Appeals for a term of 5 years ending December 31 , 2013 . Mr. Austic aye Mr. Kerness aye Ms . Thomas I aye Ms . Tyler aye Adopted Septic Systems Ms. Thomas said the other old business she would like to bring up is trying to find other ordinances that border Cayuga Lake to see if there are any other ordinances that regulate or help with leaking septic systems. Ms . Tyler said she found one over by Skaneateles Lake but it only tested at the sale of the property. Mr. Kerness said he attended a West Shore Homeowners Assoc . meeting and their conclusion was that they are going to come to this Board with a plan to develop a zoning plan for the lake front property and septic came up as one of the topics . A Local Law may have to be developed for testing. Ms . Thomas and Ms. Tyler are trying to find other ordinances and Mr. Coogan will talk with Sharon Anderson of the Health Department to see what she has . NEW BUSINESS SPRUCE ROW Mr. Austic asked what the Board wanted to relay to the Planning Board on the Spruce Row application. Ms . Thomas still would like a copy of the proposal before addressing this . Mr. Kerness said that the two major proposals are to sell trailers in a specified area and to allow the camp grounds to have park models . Mr. Kerness read the recommendation that Mr. Rachun had given in his report as follows : 1 . Direct the Planning Board to review the request for the new Spruce Row PUD under the guidelines of Article 3 . 4 Town of Ulysses Zoning Law . This would require the applicant to complete the LEAF, long environmental assessment form, for SEQR and for the Planning Board to complete part 2 with their findings and recommendations . Under site plan review the Planning Board may schedule a public hearing, or defer the public hearing to the Town Board . 2 . Review the findings and recommendations of the Planning Board and direct the Zoning Office to administer all the required paper work necessary to hold a public hearing for the zoning change and SEQR, both of which are required. 3 . When the involved agencies have responded, or the required 30 day period from time of mailing has elapsed, schedule a public hearing. The involved agencies most likely include County Planning, the Health Department, and DEC . 4 . Hold a public hearing for both the zoning change and SEQR. This can be done concurrently. . 5 . Vote on the proposed zoning change or send it back to the Planning Board for further review . Mr. Austic moved,' seconded by Mr. Kerness the following: 1 1 Regular Town Board Meeting 7 04/ 14/2009 BE IT RESOLVED that the Town Board of the Town of Ulysses directs the Planning Board to review Spruce Row PUD under the guidelines of 3 . 4 of the Zoning Law as a request for sales of limited amount of campers on the premises and the installation of park models . Further resolve that the existing PUD not be subject to the new Zoning Law but the new sites be subject to all the new Zoning regulations. Ms . Thomas is still not comfortable with making any decision without review of the application although it will be returned by the Planning Board for the Town Board to make the final decision. Mr. Austic called the vote. Mr. Austic aye Mr. Kerness aye Ms. Thomas abstained Ms . Tyler aye Adopted Mr. Kerness made the point that it would be nice in the future if applicants would have there information to the Town Board prior to the meeting so the Board would have a chance to review. Grassroots Application The Board had a long discussion about the camping area for Spruce Row on Agard Road because it is in the Ag Zone and campsites are not allowed. It has to be a change in zoning. Mr. Austic moved, seconded by Ms. Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses have Grassroots submit a formal application for a PUD . Mr. Austic aye Mr. Kerness aye Ms. Thomas aye Ms . Tyler aye Adopted The question by the Board is that if there is any other approach for the Grassroots so that camping can be allowed on this site this year because an application for a PUD will not get finalized in time. Mr. Kerness thought to look up the Agard property and see if it is in the Ag Zone or what Zone it may be in. After looking it up the Board agreed that it was NOT in the Ag Zone but in the Residential Zone which changes matters because camping is allowed in a Residential Zone with a Special Permit issued by the Town Board . Mr. Austic moved seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses rescinds the previous passed resolution directing the Grassroots to apply for a PUD . Mr. Austic aye Mr. Kerness aye Ms . Thomas aye Ms. Tyler aye i Regular Town Board Meeting 8 04/ 14/2009 Adopted Mr. Austic moved s °conded by Ms . Tyler the following: BE IT RESOLVED that the Town Board of the Town of Ulysses have Grassroots apply for a Special Permit for camping and submit this to the Town Board for approval . Mr. Austic I aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic said that in the meantime the Board should review the requirements for a campgrounds under the Zoning Law Article XVII § 17 . 9 "Standards for Campgrounds" . Mr. Kerness asked if this a one time fix or is there something more permanent then a Special Permit issued yearly. Mr. Coogan said that Grassroots is looking to put a permanent building on this site for an office complex . Ms . Geldenhuys said that if it falls within the scope of a special permit there is no reason to do a development district but that would be the question for Mr. Rachun to determine if it goes beyond that then longer term then a development district might be appropriate . Mr. Kerness said to make sure that Mr. Rachun is okay with the decision the Board just made is okay and to make sure the Board did not miss anything. ESTASBLISH NEW WATER RATES Mr. Austic introduced and read the following resolution into the record and it was seconded by Ms . Thomas the following : WHEREAS : The existing water supply agreement between the Town of Ithaca and The Town of Ulysses states that the Town of Ithaca has the right to increase the price of water supplied to Ulysses from time to time to reflect the increases of their source supply, and WHEREAS : The town of Ithaca notified the Town of Ulysses of the intention of increasing the water rate for our water districts supplied from the Town of Ithaca on January 5 , 2009 and under the agreement a forty day notice is required to allow proper notification of the increase, and WHEREAS : Local Law # 1 of 2003 also requires a forty day notification of our district users of price increases and in light of the strict adherence to the supply agreement, Ulysses is now being charged for all unaccounted for water, and that the amount of such unaccounted for water is approximately eighteen percent of the Ulysses metered water usage, now THEREFORE BE IT RESOLVED THAT : The new water rate for Ulysses Water Districts # 3 and # 4 be established starting with the second quarter billing cycle at a price of $ 5 . 25 per thousand gallons to allow supply payment of the increased Ulysses rate and the amount of unaccounted for water supplied from the Town of Ithaca, and BE IT FURTHER RESOLVED THAT : The Town of Ulysses in cooperation with the Town of Ithaca start as soon as possible to design and install a system of meters on the Town Line to more clearly meter and account for all water that is used by the Town of Ulysses users . Mr. Austic aye Mr. Kerness aye Ms . Thomas aye Ms. Tyler aye I i :? 4 Regular Town Board Meeting 9 04/ 14/2009 Adopted AMEND PROCEEDURE FOR WD USER DETERMINATION Mr. Austic introduced and read the following resolution into the record and it was moved by Ms . Tyler seconded by Ms . Thomas the following : WHEREAS : The owner of Washington Heights Mobile Home park has asked the Ulysses Water Commission to reconsider what the park is charged for water service under the present system used to establish annual taxation for the district, and WHEREAS : Upon investigation, inconsistencies were discovered in the district as to how the user number is determined and have historically been levied, and WHEREAS : Washington Heights appears to be the only such discrepancy in the user determination procedure, and WHEREAS : The Ulysses Water Commission has met and discussed this discrepancy with Mr. Washington and recommended a policy change to correct the discrepancy, now THEREFORE IT BE RESOLVED THAT : From now forward that the user numbers be calculated for each parcel based on the discounted assessment of eight tenths of a charge for each unit after the first unit on the parcel regardless of the fact that the units are attached to one another or are housed in the same structure. In order to qualify for the reduced rate, the units must all be contained on the same parcel and be supplied from one water line tap for the parcel metered by a master meter for the parcel . Mr. Austic aye Mr. Kerness aye Ms. Thomas aye Ms . Tyler aye Adopted Other Ms . Thomas is in receipt of three bids for the web page design that she did email to the Board this afternoon. Ms . Thomas would like to review them and then discuss them with the Board at another time. PUBLIC COMMENTS no comments were heard. ADJOURNMENT Hearing no further business Ms . Tyler moved seconded by Ms . Thomas to adjourn the meeting. Unanimiously approved and the meeting was adjourned at 9 : 46 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG: mlg