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Home My WebLink About2010-08-18-STB TOWN OF ULYSSES REGULAR TOWN BORAD MEETING AUGUST 18, 2010 Present : Supervisor Roxanne Marino ; Councilpersons David Kerness, Kevin Romer, Elizabeth Thomas and Lucia Tyler; Deputy Town Clerk Patricia Halloran ; Highway Superintendent James Meeker; Deputy Supervisor Sue Poelvoorde; Attorney Mariette Geldenhuys . I Others Present : Alex Rachun, Ulysses Code Enforcement Officer, Dave Schurman, Jacksonville Community Association, Debbie Watkins Trumansburg Village Trustee, Diane Hillman Ulysses Water Commission Chair, Don Smith, Chair Lakeshore Zone Committee; and Ken Zeserson, Chair Planning Board Absent : Town Clerk Marsha L. Georgia Supervisor Marino called the meeting to order at 7 : 30 p .m. and led those assembled in the Pledge of Allegiance. APPROVAL OF MINUTES Ms . Thomas moved, seconded by Mr. Kerness to table the minutes of Regular Town Board 07/ 13/2010, Special Town Board 6/23/2010 and Special Town Board 7/29/2010 for approval . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye IIMr. Romer aye Adopted APPROVAL OF CLAIMS Ms . Marino moved, seconded by Ms. Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers 308 through 354 (except for voucher #322 for $ 799 . 99) in the amount of $42 ,843 . 97 . Ms. Marino aye Ms. Thomas aye Ms . Tyler aye Mr. Kerness abstained Mr. Romer aye Adopted PRIVILEGE OF THE FLOOR — No one in attendance spoke. REPORTS OF REPRESENTATIVES Tompkins County Representative and Sheriff Department — No one in attendance. Trumansburg Fire Department and EMS — No one in attendance. Trumansburg Village Representative Debbie Watkins reported that Trustee Chris Thomas resigned and has been replaced in the interim until a Special Election in March by Robert Cassetti . Mr. Cassetti will also be the acting Fire Commissioner. Regular Town Board Mtg. 2 08/ 18/2010 Ms . Watkins said that there are some issues with the site for the test wells regarding a septic system. They can apply for a variance or the septic can be moved. September 1 , 2010,is still the expected drill date for the test wells . The next EMS meeting is scheduled for Monday, September 23 , 2010, at 7 : 00 p .m . TOWN REPORTS Highway Superintendent James Meeker - gave his report for the Highway activities for the month. Town Clerk Marsha L. Georgia - Ms . Georgia is on vacation so Ms. Halloran reported the Town Clerk ' s monthly business for July. Code Enforcement Officer Alex Rachun - will be arriving later in the evening. Planning Board - Ken Zeserson will be arriving later. Agriculture and Farmland Protection Plan - Ms . Poelvoorde said that the committee had not met recently but that she submitted the first reimbursement for the Ag Grant. Citizens Advisory Board on Gas Drilling - Ken Zeserson will be arriving later. Supervisor Roxanne Marino reported that budget modifications needed to be done and moved the following : Appropriation line 1650 .4 Central Communications CE increase $2 , 500 Appropriation line 1990.4 Contingency decrease $ 2 ,500 Appropriation line 9050 . 8 . Unemployment Insurance increase $ 1 ,620 Revenue line A511 Appropriated Reserve increase $ 1 ,620 Reserve for Unemployment Insurance (A fund) decrease $ 1 ,620 Appropriation line 5182 .4 Street Lighting increase $ 660 Appropriation line 1620.4 Buildings CE decrease $ 660 SW3 Appropriation line 8340.2 Transmission/Distribution EQ increase $ 1 ,300 Appropriation line 8340.4 Transmission/Distribution CE decrease $ 1 ,300 Seconded by Mr. Kerness . Ms . Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Ms . Marino reported on the revenue of the sales tax, a request for applications to Water Resources Council, and a quick update on the New York Rural Water Association circuit rider on leak detection for WD#3 . Deputy Supervisor Sue Poelvoorde reported on the web page progress and the response to the closeout of the housing project coordinated through Better Housing. Town Board Members and Committees Ms. Thomas stated that the Youth Committee is on summer break. There will be a meeting in reference to the Black Diamond Trail for the Public Works and Highway Supervisors with State Parks to tour the trail corridor. The Gas Drilling Task Force meeting and the Tompkins County Council of Governments (TCCOG) meetings go hand and hand. They are targeting hiring a planner to coordinate responding to gas drilling issues across the municipalities . Regular Town Board Mtg. 3 08/ 18/2010 They hope to have a person hired by September. Ms . Thomas will supply a resolution on the collaborative effort on updating cell tower ordinances. Ms . Thomas stated that TCCOG is looking into creation of a small pool of finding to support research for various topics that come to the group and the County has offered to administer that money. OLD BUSINESS Resolution Regarding Issuance of Permits for Public Displays of Fireworks Ms . Marino read and moved, seconded by Ms . Tyler the following resolution : RESOLUTION REGARDING ISSUANCE OF PERMITS FOR PUBLIC DISPLAYS OF FIREWORKS IN THE TOWN OF ULYSSES WHEREAS , the Town is authorized by Penal Law § 405 . 00 to issue permits for the display of fireworks ; and WHEREAS pursuant to Penal Law § 405 . 00( 1 ), the Town Board shall designate an officer as the permit authority to grant and issue permits for fireworks displays ; and NOW, THEREFORE, pursuant to the provisions of §405 . 00 of the Penal Law, it is RESOLVED, that the Code Enforcement Officer of the Town of Ulysses is hereby appointed as the permit authority to grant and issue permits for fireworks displays pursuant to the requirements set forth in Penal Law §405 . 00 and all other applicable laws and regulations and administer and enforce all aspects thereof; and it is further RESOLVED that the Code Enforcement Officer shall have all the powers and duties granted by applicable law, including, but not limited to , the following : 1 . receive, review and approve or disapprove applications required for fireworks display permits pursuant to §405 . 00 of the Penal Law, and the plans, specifications and construction documents submitted with such applications; 2 . determine such terms and conditions as the Code Enforcement officer may deem to be appropriate, to be incorporated in the permit ; 3 . conduct site inspections prior to the time of the fireworks display and any inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of applicable law, or cause such inspections to be conducted by a qualified consultant; 4. review and investigate complaints ; 5 . maintain records ; 6 . notify the Trumansburg Fire Department of the issuance of the fireworks display permit; 7 . notify the Village of Trumansburg police department, the New York State Police and the Tompkins County Sheriff' s Department of the issuance of the fireworks display permit; 8 . pursue enforcement actions and proceedings in consultation with the Attorney for the Town: and it is further RESOLVED that the Code Enforcement Office shall develop and maintain a permit application form and permit that complies with the requirements of Penal Law §405 . 00 and all other applicable law; and it is further Regular Town Board Mtg. 4 08/ 18/2010 RESOLVED that the application fee for a permit for fireworks displays shall be set by the Town Board from time to time and shall be $ 150. 00 until modified by further resolution of the Town Board; and it is further RESOLVED that the amount of the bond required prior to issuance of a permit pursuant to Penal Law §405 .00 shall be no less than $ 1 ,000,000.00, the minimum amount set forth in the Penal Law. Ms. Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Dog Enumeration Update Ms . Marino received a fair amount of information on what other municipalities are doing and Ms. Georgia does have a name for an enumerator. This will be discussed at the August 31 , 2010 , meeting when Ms . Georgia is back from vacation. NEW BUSINESS Jacksonville Park Request to Repair Footbridge Mr. Shurman, Treasurer of the Jacksonville Community Association, presented a pictures of the footbridge in the Jacksonville Park that can no longer be repaired and a model of the bridge they would like to build to replace it. They are requesting financial assistance from the Town Board . Their request is $400 . Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize payment to the Jacksonville Community Association in the amount of $400 for their bridge repair work. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted TCCOG Cell Tower Ordinance Joint Project Information was forwarded on a joint project to develop a new cell tower ordinance for municipalities and it has been forwarded on to Ms . Geldenhuys to review . More information will be available at the next meeting. Planning and Zoning Discussions Ms . Marino said that there have been previous discussions with the Zoning Officer, the Planning Board Chair, and Lakeshore Zoning Committee Chair on how to pursue the updates to the Zoning Law. 9 : 15 pm Supervisor Marino turned the meeting over to Deputy Supervisor Sue Poelvoorde so that she could better participate in the discussion. Planning Services Proposals with Bergmann S Regular Town Board Mtg. 5 08/ 18/2010 Ms . Poelvoorde reviewed the different proposals from Bergmann Associates . The Board listened to Mr. Rachun ' s opinion and concerns about the needed changes to be made in the Zoning Law, the creation of the Conservation Zone and the Lakefront Zone. The Board asked Mr. Rachun questions and voiced their concerns . Ms . Marino gave her view at looking at the coordination of the two zones (Conservation and Lake Shore)that are being developed. Ms . Marino spoke with Bergmann about the process . Mr. Kerness has worked on both the Conservation and Lakeshore zones and also spoke about his concerns with both zones . Mr. Smith, Lakeshore Zone Chair talked about his ideas and concerns . Mr. Kerness offered his time to coordinate the material for both of these zones and do all of the leg work to be presented to the Town Board . Mr. Kerness made a motion, seconded by Mr. Romer to hire Bergmann for $ 1500 to look over the draft proposal for the Conservation Zone . Ms . Marino nay Ms . Tyler nay Ms . Thomas nay Mr. Romer nay Mr. Kerness aye Motion failed. Ms . Thomas moves, seconded by Ms . Tyler the following: BE IT RESOLVED that the Town Board of the Town of Ulysses moves ahead with the Lakeshore and Conservation agreement with Bergmann, starting first with the Conservation Zone on an hourly basis ; FURTHER RESOLVE that the Town of Ulysses is asking for a package quote . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Ms . Marino will be the contact person . Final Schedule for Conservation Zone Presentation No definite date set; two dates open September 21 or September 22 , 2010, at 7 : 00 p .m. Hearing no further business Ms . Thomas moved, seconded by Ms . Marino to adjourn the meeting. Unanimously approved and meeting adjourned at 10 : 45 p . m. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk I PH : mlg Regular Town Board Mtg. 6 08/ 18/2010