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HomeMy WebLinkAbout2009-08-11 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING AUGUST 11 , 2009 P RESENT: Supervisor Douglas Austic ; Council Rod Ferrentino , David Kerness , Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L . Georgia ; Deputy Supervisor Richard Coogan ; Highway Superintendent James Meeker; Attorney Mariette G eldenhuys . II Others Present: William Chaisson , Free Press Reporter; Ken Zeserson , Planning Board Chair; Doug Duddleston ; Chris Thomas , Village Trustee ; Bill Coon ; and Alan Carstensen . APPROVAL OF MINUTES Ms . Thomas moved , seconded by Ms . Tyler the following resolution : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Special Board Meetings of May 28 , 2009 , June 1 , 2009 , and June 29 , 2009 . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic 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 Bid Opening dated July 28 , 2009 . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas abstained (absent) Ms . Tyler abstained (absent) Adopted The board tabled the minutes of July 9th, 2009 and July 14th, 2009 . APPROVAL OF CLAIMS Mr. Austic introduced a resolution seconded by Mr. Kerness to modify the 2009 budget for adjustments as follows : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the budget modifications as follows : • Increase A1220 .4 Supervisor Contractual $2500 . • Decrease A1920 . 4 Municipal Dues 2500 • Increase DA5140 .4 Roadside Mowing 600 • Decrease DA5120 . 1 Bridge Labor 600 Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Kerness moved , seconded by Ms . Tyler the following resolution : Regular Town Board Meeting 2 August 11 , 2009 BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined voucher # 268 through # 301 in the amount of $20 , 202 . 48 . Mr. Austic aye Mr. Ferrentino- aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted REPORTS OF REPRESENTATIVES Tompkins County Representative Jim Dennis — absent . Trumansburq Fire Department — absent. Planning Board Chair Ken Zeserson reported that the Planning Board met with Tom Mann from the Grass Roots to review the application of a development district for the camping grounds on Agard Road . After review the Planning Board , Mr. Coogan and Code Enforcement Officer Alex Rachun put their heads together and talked with Attorney Ms . Geldenhuys about handling the parking at the campgrounds with an operating permit . The camping could be taken care of with a Special Permit. This would be a much similar approach then going through a development district . When they talked with Ms . Geldenhuys their thoughts were that an operating permit for events that would require a large amount of parking could be used for several events that occur in Ulysses . Ms . Geldenhuys said that this was an agreeable approach . The Town Board gave the Planning Board the direction to look into other options rather then a PUD for Grassroots . Mr. Zeserson commented on an article in the paper today where Governor Paterson had mentioned potential high profits to the state from gas drilling and an article right below it quoting Thomas DiNapoli , the state comptroller, estimating a quarter of a trillion dollars currently needed to repair roads and bridges prior to initiation of horizontal gas drilling . Mr. Zeserson said that Planning Board member David Means had resigned after several years of dedicated service to the Planning Board . Mr. Zeserson asked the Town Board if they would think about giving Mr. Means a jacket or some appropriate gift to show their appreciation for his services . The Board all agreed and Mr. Austic will look into the cost and advise the Board . Mr. Austic said that if anyone had any ideas to let him know. Ms . Tyler reminded the Board about a letter they had received from a resident addressing the length of docks at the lake . Mr. Zeserson said that the Planning Board plan to talk about upgrading Lake Shore Zoning . AUDIT REPORT Ms . Spurgin of Ciaschi , Dietershagen , Little , Mickelson , and Company , LLP reviewed the draft audit report for the year ended December 31 , 2008 . All of the reports are on file in the Town Clerk's Office and are available for review for any interested . Ms . Tyler requested that the following points be added to the minutes from her notes : • Ms . Spurgin stated that in general the Town 's books were in good shape • It was recommended that the Supervisor and the Clerk not reconcile their own bank Statements . It was pointed out that Mr. Coogan reconciles the Supervisors accounts and Ms . Halloran reconciles the Clerk's accounts . • It was recommended that there be 2 signatures on any checks over $5000 . This is being done . Regular Town Board Meeting 3 August 11 , 2009 • It was recommended that the Town Board receive a quarterly cash and balance sheet. • It was recommended that the Supervisor work with the software company to ensure that ending and beginning balances were not off by a slight amount . This was already in progress according to Mr. Austic • It was recommended that the Board have a working session with the input of the software company to determine if there were other useful reports to be given to the Board . • It was recommended that the Clerk obtain written vouchers to validate the receipt of goods or services . There was discussion about the awkwardness of this procedure in some cases . • It was recommended that checks be dated on the day they are processed . VILLAGE OF TRUMANSBURG TRUSTEE CHRIS THOMAS reported that the Village is in receipt of proposals for a second source of water. At the Village meeting Monday night the Village Trustees heard a report from their engineer that included several different approaches . The Village has forwarded this report on to Tompkins County Board of Health for their review. Mr. Thomas also mentioned some funding sources the Village may apply for. Mr. Thomas announced that the Village Board will be meeting August 24th , 2009 at 7PM in the Village Hall to go over the fire budget for 2010 and that any Town Board member is welcome to join them for this review. Mr. Thomas also mentioned that the Village would like to meet in the near future to discuss shared services and possibly how it could work to consolidate some services . PUBLIC PRIVILEDGE OF THE FLOOR Mr. Alan Carstensen distributed a resolution addressing keeping toxic substances out of the ground water. Karen Brower addressed the Board with her concerns in reference to burning in the Town of Ulysses . Ms . Brower is having difficulties with a neighbor burning and she believes they are burning toxic materials . She has reported this to the Health Department and also contacted Tompkins County Sheriff's Department but to no satisfaction . Ms . Brower also questioned handicapped parking at the Grassroots Festival and asked who regulates that. TOWN REPORTS Highway Superintendent James Meeker reported the following : • Mowed all roadsides • Installed new driveway pipe for O" Rear on Iradell Road • Hot mix patching on Maplewood Road and Willow Creek Point Road • Trimmed brush around all roadsides • Helped Town of Ithaca with their stone and oil projects • Working on salt spreader sills where they bolt to frame rails on T-7 auto car • Seneca Road Bridge project — Ms . Tyler moved seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Austic to sign the following agreement. Municipal Agreement Between The County of Tompkins and the Town of Ulysses Agreement, made as of August 11 , 2009 between the County of Tompkins, hereinafter referred to as the " County " , and the Town of Ulysses, hereinafter referred to as the "Town " , for the reconstruction and continued cooperative Regular Town Board Meeting 4 August 11 , 2009 maintenance of the bridge carrying West Seneca Road over Boardman Creek (NYS BIN 03210250), hereinafter referred to as the "Bridge " . WHEREAS , the County and the Town cooperatively maintain the Bridge under provisions of New York State Highway Law §234(10) and County Resolutions 43 of 1946 and 259 of 1998 , which divide maintenance responsibilities according to specific bridge elements for bridges on Town roads listed therein, and WHEREAS , in response to deterioration of the Bridge , the County has applied for and was granted Federal funding to reconstruct the bridge and approaches ; has contracted with an engineering firm to prepare plans, specifications, and estimates for the reconstruction ; and has scheduled reconstruction of the Bridge in 2009-2010 . THEREFORE, IT IS AGREED AS FOLLOWS : 1 . The County will administer the reconstruction of the Bridge . The County will oversee design ; acquire right-of-way; advertise and receive bids; and contract for construction and construction inspection services . 2 . The County will keep the Town informed of project progress and cost estimates through their respective highway departments . The County and Town will approve specifications, plans , and estimates for the Bridge prior to advertisement for construction bids . 3 . The County will initially pay the total project cost, estimated as $726,250, which includes design, right of way, construction, construction inspection, and administrative components . The Town agrees to pay the County in accordance with the division of financial responsibility illustrated in the following table . W . Seneca Road Bridge Estimated Cost Shares TOTAL Construction Design & ROW Est. Cost Estimate % Estimate Total 100% $ 726,250 $ 671 ,250 100% $ 55 ,000 100% Federal 73 . 9% $ 537, 000 $ 537, 000 80% $ - 0% County 20 . 8% $ 151 ,400 $ 107,400 16% $ 44 ,000 80% Town 5 .2% $ 37, 850 $ 26 , 850 4% $ 11 ,000 20% 4 . The County shall separately itemize and support project costs by written documentation . The Town shall make payments to the County within 45 days of receipt of itemized billings and supporting documentation , for design phase costs upon Notice to Proceed to the construction contractor, and for the balance at substantial completion of the project. All Federal reimbursements will be paid to the County . 5 . In the event that actual costs exceed the estimates, or that Federal reimbursement agreements are terminated or suspended, the parties to this agreement shall not be obligated to proceed unless both parties ratify additional costs or funding is guaranteed by Federal sources . 6 . Upon reconstruction of the Bridge, the County shall be responsible for maintenance, refinishing, replacement, or repair of the following Bridge components : a. abutments and inverts, including erosion and scour protection, b . wing walls, including erosion and scour protection, c . superstructure structural elements, d . parapet walls, e . miscellaneous deck elements not listed below as Town responsibilities, and f. stream channel within permanent easements acquired for the Bridge project, upstream and downstream of the structure . 7 . For ten years following construction, the County shall also be responsible for maintenance, refinishing, replacement, or repair of the wearing surface on the Bridge and approaches within approved project limits . Following this initial 10-year period, the Town shall be responsible for this item, as indicated in paragraph 8 , below . I. i.Y'!Yary n . Regular Town Board Meeting 5 August 11 , 2009 8 . The Town shall be responsible for routine maintenance, refinishing, replacement, or repair of the following Bridge components : a. approaches, including shoulders, drainage, guide rail , pavement markings, traffic control devices, landscaping and roadside vegetation, b. removal and disposal of litter and rubbish, c . removal and disposal of snow and ice , d . removal of graffiti , and e . repair of non-structural vandalism . I9 . The division of responsibility enumerated in paragraphs 6 through 8 inclusive shall remain in effect during construction and for the existence of the new Bridge . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Code Enforcement Officer Alex Rachun - absent , no report. Town Clerk Marsha L. Georgia reported that a total of $ 1687 . 50 was collected for the month of July and $914 . 40 was turned over to the Supervisor along with her monthly report . Mrs . Georgia announced that sporting licenses for 2010 go on sale the 17th of August. Board Members and Committees Ms Thomas reported that the grant for Broadband for this area has been put on hold at II this time , which is unfortunate because it would of reduced to cost of broadband to households from $78 dollars to $30 . The owner of Clarity Connect said he would work with Fingerlakes Techlogy but did not have enough time to do it in this round of grants . Ms . Thomas said that the County Health Care Consortium is looking for some one to represent the Town on the steering committee . They are also looking for someone to be the secretary and treasurer. Ms . Thomas also said that the Youth Services programs will need to be cut in the County budget so the Recreation Partnership is looking at different programs may go . Ms . Thomas said that the Tompkins County Economic Development group is looking for representation which has quarterly meetings . The web site has been tested on the administrative side to see how it works and how difficult it is and the programmer and Ms . Thomas having been working back and fourth because there were some glitches . Deputy Supervisor Richard Coogan explained the situation regarding Grassroots that came up when Mr. Zeserson report to Ms . Geldenhuys that the way they were leaning was to use a Special Permit for campgrounds and handle the parking another way. Ms . Geldenhuys said that she has looked into this and it seems that the permitted use of the campgrounds can be done with a Special Permit. The idea of handling the parking by having a new provision in the zoning for event parking . This would if the criteria if the criteria were clear such as having an event permit in place . Word it in a special way to address the surge of parking for special events but does not interfere with social gatherings like a family reunion . This could be handled separately so a development would not have to be done for Grassroots . The event parking would not have to go into the zoning . A special operating permit would allow the Grassroots camping event and as part of the permit, they would be allowed extra parking . Ms . Geldenhuys . recommends not initiating work on a development district since it does not accommodate other parking areas associated with Grassroots . Address the special permitting process separately from the festival parking zoning changes . Regular Town Board Meeting 6 August 11 , 2009. The Planning Board will be asked for reasonable criteria for operating permit for event parking and criteria for special event operating permit for camping . Mr. Austic moved , seconded by Mr. Kerness the following : B E IT RESOLVED that the Town Board of the Town of Ulysses rescind the request to the Planning Board for there recommendations for a Development D istrict for Grassroots and , Further Resolve the Town Board directs the Planning Board to take a further look at Special Permits for camping and come up with an Operating Permit with parking requirements with specific criteria . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted . Mr. Coogan said that in 2004 the Town received notification from New York State that the Town is a precipitant of the round sixth of the Water Quality Improvement Program grant and this is what we were going to pay for the flyover that was done and cost $ 15 , 000 . To date the State has not paid on that, the project is finished , the Town is the legal entity required to pay the $ 15 , 000 . The Grant administrator is very frustrated that payment should have been made six months ago . Mr. Coogan has been telling the company that did the flyover that when the Town gets the money from the State they will be paid . Mr. Coogan said he could check with the state once again and come back to the Board at the next meeting with a recommendation . Supervisor Austic previously distributed his monthly financial report and no questions were heard . OLD BUSINESS Town Barn Project The Town Barn project went out for Bids and the bid opening was July 28th . The Town received three bids from the following : • FINGERLAKES CONSTRUCTION BID : $374, 700 OPTION 1 : $15,900 • GUDABRI, INC. BID : $395,493 .53 OPTION 1 : $ 18,588. • C B STRUCTURES, INC BID : $429,858. OPTION 1 : $25,785 The low two were reviewed to make sure they had met the specifications in the bid package. After careful reviewed the engineer and Mr. Meeker recommended that the bid from Fingerlakes Construction is accepted. Mr. Kerness reviewed his thoughts on where the additional money could come from over the $350,000 that was the budgeted money. Mr. Austic moved, seconded by Mr. Ferrentino the following: Whereas : The Town of Ulysses Advertised for bids on a proposed Town Barn construction project in the official town newspaper (The Ithaca Journal) in the June 26, 2009 edition, and t. Regular Town Board Meeting 7 August 11 , 2009 Whereas : On July 28 ,2009, the official day of bid opening as advertised, the town had received three bids by the 2PM opening date and time . At 2PM on July 28 , 2009 the three submitted bids were officially opened at a duly advertised meeting for bid opening, and Whereas : The town's engineer for the project reviewed the two lowest bids for adherence to the bid document and has indicated that the two lowest bids had in fact bid in accordance with the bid document, and Whereas : Fingerlakes Construction Company, Inc . was the lowest bid of record for the project and has been deemed by the town to be a responsible bidder, now Therefore be it Resolved That : The Town of Ulysses Town Board accepts Fingerlakes Construction Company, Inc as the lowest responsible bid for the construction of Ulysses Town Barn and Be it Further Resolved That : The Town of Ulysses enters into contract negotiations with Fingerlakes Construction Company, Inc . for construction of the Town Barn Project as advertised. BE IT FURTHER RESOLV that upon successful contract negotiations the Town Supervisor is authorized to sign the contract supplied by Ms . Geldenhuys . Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted . r - , r Comprehensive Plan and Spruce Row Hearing i No comments have been received from the Board of Health on the Comprehensive Plan but they have issued the 2391 & m for Spruce Row Campgrounds . The Health Department does have some concerns with parts of the Development District for Spruce Row in relationship to items that they now govern. Ms . Thomas will draft a response to the Health Department and address their concerns and questions . Other The following is a copy of the letter that Ms . Tyler drafted to go several representatives . Representative Michael Arcuri 127 Cannon House Office Building Washington , D . C . 20515 Re : HR 2766 ; " Fracturing Responsibility and Awareness of Chemicals Act of 2009" Dear Representative Arcuri , I Members of the town board of Ulysses and the planning board of Ulysses have been studying the issue of gas drilling in the Marcellus Shale and have determined that necessary protections of public resources are not in place for NY lease holders . . Approximately 40 % of the land in the Town of Ulysses has been leased to gas drilling companies . Hydro fracturing gas drilling in the Marcellus Shale that extends into Tompkins County is already taking place in Pennsylvania and there have been problems with water pollution . The Pennsylvania Dept. of Environmental Protection issued a violation of Sect. 401 of its Clean Streams Law to a gas drilling company on February 27 , 2009 due to the un-permitted discharge of polluting substances . . ir Regular Town Board Meeting 8 August 11 , 2009. There has been concern on the Ulysses town board and from community members about the Energy Act of 2005 which exempts Gas and Oil Drilling activities from the Federal Safe Drinking Water Act . HR 2766 which was recently introduced by Representative Diana DeGette , Representative Maurice Hinchey, and Representative Jared Solis would restore those protections . We urge you to support this bill which would encourage responsible drilling which is of importance to many citizens in the Town of Ulysses who have signed gas drilling leases as well as to the general public. House Bill 2766 also aids leaseholders and others concerned with clean water supplies by requiring the gas companies to release the chemical components of their proprietary fracturing substances to the public . Without this information it is nearly impossible for leaseholders and waste water treatment facilities to obtain meaningful baseline testing of their water. Baseline testing is critical in deterring whether a polluting event has occurred that needs remediation . The bill also protects public health and safety by requiring the release of the actual chemical formulas of the "fracking " substances to an assisting health professional should there be a medical emergency. Respectfully yours , Board Members of the Town of Ulysses cc: Rep . Maurice Hinchey Ms . Thomas read and moved , seconded by Mr. Ferrentino the following resolution : RESOLUTION SUPPORTING STATE AND FEDERAL BILLS PROTECTING DRINKING WATER Whereas the Town of Ulysses stands to protect the safety of drinking water for all its residents and all waters within the Great Lakes Basin Compact of which Ulysses and Cayuga Lake is part, and Whereas gas companies propose to use a technique called hydrofracturing to extract gas from wells drilled in the Marcellus Shale. This technique is without a proven record of in ensuring the safety of ground water as a result of the hydrofracturing process, and Whereas proven processes for safely purifying or disposing of the spent liquid resulting from the hydrofracturing process are not in place, leaving the fate of the this liquid in question, and Whereas approximately forty percent of lands in the Town of Ulysses are leased to gas drilling companies, Therefore, be it resolved that the Ulysses Town Board urges representatives at the state and federal level to support any state or federal legislation or regulation that definitively protects water resources, including drinking water. We support the House of Representatives Bill 2766 sponsored by Maurice Hinchey, Diana DeGette, and Jared Solis, and Senate Bill 1215 sponsored by Robert Casey and Charles Schumer which asks for a repeal of the exemption of hydrofracturing liquid from the Safe Drinking Water Act of 2005 and also requires the ingredients of hydrofracturing liquid to be public . Be it further resolved, That a copy of this resolution shall be sent to Governor Paterson, Senators Winner, Seward, and Nozzolio, Speaker Silver, Assemblywoman Lifton, Chair of Senate Committee on Environmental Conservation Marcellino , Chair of Assembly Committee on Environmental Conservation Sweeney, Attorney General Cuomo, Representatives Arcuri and Hinchey, Senators Schumer and Gillibrand, New York State Association of Towns, Department of Environmental Conservation Commissioner Pete Grannis , and New York State Deputy Secretary for the Environment Judith Enck. Mr. Austic aye Mr. Ferrentino aye Mr. Kerness aye Ms . Thomas aye Regular Town Board Meeting 9 August 11 , 2009 Ms . Tyler aye Adopted . Hearing no further business Ms . Tyler moved, seconded by Mr. Kerness to adjourn the meeting. Unanimously approved meeting adjourned at 9 : 50 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg 4