HomeMy WebLinkAbout2011-12-13-RTB Town of Ulysses
Regular Town Board Meeting
December 13 , 2011
APPROVED WITH EDITS 02/14/12
Present : Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler,
David Kerness ; Deputy Supervisor Sue Poelvoorde ; Environmental Planner Darby Kiley;
Zoning/Planning Secretary Robin Carlisle Peck; Highway Supervisor Jim Meeker
Others Present : Tompkins County Legislator James Dennis, JoAnn Lapadula, David Lapadula,
and Linda Dresser
Supervisor Marino called the meeting to order at 7 : 02 p . m . She informed the Board that an
Executive Session to discuss legal matters is added as the last point of business on the agenda.
BUDGET MODIFICATIONS
Supervisor Marino stated as the Town approaches the end of the fiscal year, budget
modifications are needed .
Mr. Kerness moved, seconded by Ms . Thomas the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following
2011 Budget modifications .
A Fund
1220 . 12 Dep Supervisor PS increase $ 1 , 800. 00
1420 . 4 Attorney CE increase $ 14, 000. 00
1620 . 4 Town Hall EQ increase $ 500 . 00
1650 . 4 Central Comm CE increase $ 1 , 000. 00
7310 . 1 Youth Prog PS increase $ 20. 00
$ 17, 320 . 00
1220 . 4 Supervisor CE decrease $ 4, 000 . 00
1101 . 1 Admin Asst PS decrease $ 5 , 000. 00
9010. 8 NYS Retirement decrease $ 1 , 985 . 00
$ 10, 985 . 00
Revenue line
599 Approp Fund Balance increase $ 6, 335 . 00
$ 17, 320. 00
B Fund
B3620. 1 Safety Insp PS increase $ 4, 500 . 00
B1420. 4 Attorney CE increase $ 13 , 000 . 00
$ 17 , 500 . 00
B 8020 . 1 Planner PS decrease $ 10, 500 . 00
B8021 . 4 Planner CE decrease $ 1 ,000 . 00
B 3620 . 2 Dep Safety Insp PS decrease $ 3 , 000 . 00
B 9010 . 8 NYS Retirement decrease $ 3 , 000. 00
$ 17, 500 . 00
DB Fund
9010 NYS Retirement increase $ 1 ,675 . 00
5110 . 4 Highway Maint CE decrease $ 1 , 675 . 00
Water Funds
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Regular Town Board 12/13/2011
SW3 9030 . 83 Social Security increase $ 200 . 00
SW3 8340 . 2 WD3 Trans/Dist EQ decrease $ 200 . 00
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Adopted
APPROVAL OF CLAIMS
Ms . Marino moved, seconded by Mr. Kerness the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previously
examined vouchers numbered 507 through 550 in the amount of $ 31 , 315 . 87 .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Adopted
APPROVAL OF MINUTES
Ms . Thomas moved, seconded by Ms . Tyler the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of
the Special Town Board Meetings of October 25 , 2011 and November 8 , 2011 as edited.
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness abstained
Adopted
REPORTS OF REPRESENTATIVES
Tompkins County : (Board - Jim Dennis, Sheriff Department) — Mr. Dennis reported that the
County Legislature approved their budget and outlined issues that affected the 2012 budget.
The County will be hiring a Highway Manager. Mr. Meeker is on this selection committee. Bob
DeLuca, Mental Health Director passed away. He was very well respected locally and across the
state . A search for his replacement is underway.
Attendance at the public hearing on the dSGEIS for Hydrofracking was estimated at about 1000
people . More work is underway to ban the practice in New York State .
Mr. Dennis stated the Southern Tier did well in the first round of grants through the new
Economic Development Councils program. Details on the awards are listed on Tompkins
County' s website.
Trumansburg Fire Department & EMS — no one in attendance.
Ms . Marino reviewed the report provided by Chief Fulton .
Trumansburg Village Representative — no one in attendance.
Ms . Thomas stated she attended the meeting. The Village is back to work updating their zoning
law . Ms . Nottke is the new President of the Trumansburg Chamber of Commerce. She will invite
the Town Board to a meeting. The second- source water issue is still ongoing, as the option of
INNENNI
TOWN OF ULYSSES 3
Regular Town Board 12/13/2011
connecting with the Interlaken/Ovid system will not work. They are now working with
Tompkins County on an aquifer study. The Village is adding an additional Fire Inspector fee.
PRIVILEGE OF THE FLOOR — no public comment.
TOWN REPORTS
Ms . Marino stated she wanted to acknowledge the newly elected and re-elected folks from this
past year' s election. Ms . Thomas and Mr. Kerness will continue to serve on the Town Board for
four more years . Roger Rector will be leaving office after 30+ years of service . The Board would
like to express their appreciation to the work and time Mr. Rector has given the Town. Mark
Dresser will begin his term as Town Justice beginning on January 1 , 2012 .
Highway Superintendent James Meeker stated it was a busy month . They installed several
new driveway culverts and some for the Black Diamond Trail . They assisted the Village with
projects . The crew is preparing the trucks for winter. He did receive an appreciation note from
the citizens group supporting the Black Diamond Trail for the culvert installation.
Town Clerk — No report available as Ms . Georgia is still out of the office. Ms . Marino stated
they might need to revisit the coverage for Ms . Georgia and Michelle Townsend, Court Clerk
who will be going out for surgery. The return date for Ms . Georgia is still undetermined . Ms .
Townsend is now scheduled for surgery.
Planning Board Environmental Planner Darby Kiley stated the Planning Board met on
December 6, 2011 . They reviewed a two-lot subdivision south of the hamlet of Jacksonville
along Route 96 that will include a cluster housing development. The developer brought
preliminary plans to get input from the Planning Board on the merits of the project. The project
as proposed will include 21 single- family homes with rentable units . The Planning Board asked
the developer to determine what the maximum build out would be under the current zoning. In
addition, the Planning Board will need Town Attorney Geldenhuys ' assistance on the
subdivision . The project is in compliance with the Comprehensive Plan.
Ms . Kiley noted that Tompkins County Planning is coordinating a sustainability intern program .
They are encouraging Town ' s to take advantage of the program to accomplish tasks . Possible
projects in the Town of Ulysses could be developing an open space plan, architectural design
guidelines, Jacksonville special area design, sustainable agriculture or the Car- Share van
program . The County needs a decision by December 20, 2011 .
The Board discussed the merits of trying out the program and the potential projects that could be
pursued. They agreed to allow Ms . Kiley to research the program and if appropriate obtain an
intern . The Town currently has a Trumansburg high school student working on Critical
Environmental areas .
Ms . Kiley reported that Martin Kelly, the new part-time Code Inspector, has started. He is
working with Alex and has been doing fire inspections to catch up on a backlog of projects .
Supervisor Roxanne Marino reported that she stood in for Carissa Maim Parlato to receive the
grant for the Youth Commission. The amount of the grant is $2, 150 designated for the Town ' s
• Youth Employment program .
A coalition of municipalities is building to join in on the amicus brief to protect communities
right to home rule . Ms . Marino noted she is receiving a lot of interest from other communities .
The Middlefield oral arguments went well . The judge is accepting additional material until
January 20, 2011 . A final ruling is expected by March 2012 .
Town Board Members and Committees
Mr. Kerness reported that Rod Hawkes , Planning Board member, is updating the Conservation
Zone and the Lakeshore Zone . He is editing both documents so the two are similar in format and
language.
TOWN OF ULYSSES 4
Regular Town Board 12/13/2011
Ms . Tyler reported that the Tompkins County Environmental Management Council (EMC)
completed their comments on the dSGEIS for Hydrofracking and will be sharing them with the
Towns with the intent that Towns could incorporate the EMC ' s comments into their statements .
She already forwarded the comments to Ms . Thomas to be included in the Town of Ulysses
comments . She stated the Health Care Consortium meeting was cancelled.
Ms . Thomas reported that work on the Memorandum of Understanding (MOU) for the Youth
Commission budget is moving forward. She also shared results from a study that Janice Johnson,
Tompkins County Youth Program coordinator, presented at the meeting. The results indicated
how important it is to continue to support Youth Programming in the Town of Ulysses as issues
of alcohol abuse and low self-esteem are still high in Ulysses .
Ms . Thomas reported on a meeting held including folks in Tompkins County interested in
promoting trails . The group formed as an off-shoot of the Trails Conference held in Ithaca earlier
this fall . Representatives from Cornell, NYS Parks, the Finger Lakes Trail, and surrounding
communities shared their trail system information . Representatives from the citizens group
supporting the Black Diamond Trail expressed their appreciation to the Town of Ulysses for the
culvert work done.
Tompkins County Council of Governments (TCCOG) Gas Drilling Committee is reorganizing
and is looking to retire some committees as interest to serve is decreasing . The Towns with
planners seem to be more engaged with the task force . They are not sure how to get additional
people involved .
The Community Science Institute gave a great presentation about the aquatic life of
Taughannock and Trumansburg Creeks. Water quality test results show that Trumansburg Creek
is stressed with phosphorus and e-coli . The discharge levels from the Village ' s sewage treatment
plant exceed their SPDES permit 90% of the time . Concern was expressed at the meeting why
DEC does not interpret this as a problem . The Board stated they would like to have this
information sent to the Village. Mr. Kerness stated he thought the Federal regulations would
require a municipality to act on a problem if they are made aware of it .
OLD BUSINESS
Solar Panel Lease Opportunity
Ms . Marino stated she sent the Board information on this solar panel lease proposal . The timing
is very short to decide, as an answer is needed by December 23 , 2011 . Tompkins County is
supportive of this project and is moving forward with a lease. The County Attorney, Planning
Staff and County Engineer have reviewed and approved of the lease proposal .
Ms . Tyler stated she questioned why the payment is for 15 years yet the warranty for
workmanship is only for 5 years . The Board discussed other issues with the lease including what
happens if the company goes bankrupt — what are repercussions , who would remove — and who
performs the structural design analysis . The Board agreed additional information was needed
before making a final decision . They would like additional information to review at the
December 19 , 2011 meeting . Mr. Meeker questioned the electric usage table and expressed
concern about the structural integrity review of the Town Barn.
Ms . Marino stated she will follow up with the company and request additional information and
asked the Board to get her any additional questions they may have about the lease project soon
so that she will have the answers by the December 19 meeting.
EMS Contract for 2012
Ms . Marino stated she emailed the Board the latest version of the contract with the changes in
bold . The Board reviewed the document as presented. A question remains on the intent of the
language in section 7 . Grounds for Termination, about the 5 % interest on the unpaid funds with
respect to the timeframe this is intended to cover. Ms . Marino will have Ms . Geldenhuys request
clarification from ; the attorney working with the Village on the EMS structure. The Board
expressed their continued discomfort with the contract wording but acknowledged that they must
have a contract in place to ensure fire and ambulance coverage for the Town for 2012 .
Ms . Thomas moved, seconded by Ms . Marino
TOWN OF ULYSSES 5
Regular Town Board 12/13/2011
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the Agreement
with the Village of Trumansburg for Fire and Ambulance service for 2012 with
clarification on section 7 . and move to present the agreement at a Public Hearing on
December 19 2011 .
Ms . Marino aye
I Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness nay
Adopted
Ms . Marino reminded that Board that they have to start work to form an ambulance district, as it
must be completed within the first 3 months of 2012 .
Comments on DEC SGEIS & Proposed Regulations
Ms . Marino stated Ms . Thomas sent the dSGEIS draft comments to all the members . Ms . Tyler
noted that the EMC comments were not incorporated. The Board requested Ms . Thomas to
incorporate the EMC comments and prepare for final review and acceptance at the December 19,
2011 meeting. Mr. Kerness stated he would prefer to have wording in the cover letter that clearly
states that the Town Board is against hydrofracking, which supports the fact that an
overwhelming response in the community is to ban this practice .
Town of Ithaca Water Agreement Amendment
Ms . Marino stated that the Board has a copy of the agreement with the Town of Ithaca to amend
the water service agreement for Water District Number 3 to deal water loss in an equitable
manner. She went over some corrections that need to be made to the agreement. She did not hear
from Ithaca Town Supervisor Herb Engman whether the Town of Ithaca Town Board passed the
III resolution accepting the agreement.
Ms . Marino moved, seconded by Mr. Kemess
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the agreement
with the Town of Ithaca, with corrections, to equitably distribute the cost of water loss in
the lines serving the Town of Ulysses District 3 .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kemess aye
Adopted
NEW BUSINESS
Town Insurance Quotes
Ms . Marino distributed information on the insurance quotes they received from NYMIR and
from the current agent, E. C . Cooper. The Board reviewed the information at length discussing
the merits of each policy.
Ms . Thomas moved, seconded by Mr. Kerness
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the NYMIR
Insurance quote .
Ms . Tyler requested a friendly amendment that this be approved pending further clarification of
the umbrella clause, worker' s compensation coverage and clarification of the training offered.
She requested our current agent be provided an opportunity to respond to the coverage issues.
Ms . Marino nay
Ms . Thomas aye
TOWN OF ULYSSES 6
Regular Town Board 12/13/2011
Ms . Tyler nay
Mr. Kerness aye
Motion failed
The Board discussed how to proceed agreeing to have Ms . Marino request additional information
from EC Cooper to be presented at the December 19 , 2011 meeting.
Upcoming Meetings Schedule & Topics
The Board reviewed and agreed to the upcoming meeting and topic schedule as follows :
December 19, 2011 — Fire Protection Agreement Public Hearing & Special Town Board Meeting
January 6 , 2012 — Organizational Meeting
January 10, 2012 — Regular Town Board Meeting
January 24 , 2012 — Special Town Board Meeting
Executive Session
Ms . Marino moved, seconded by Mr. Kerness to adjourn to Executive Session, unanimously
approved at 9 : 25 p .m.
The Board adjourned the Executive Session at 9 : 44 p .m and resumed the Regular Town Board
Meeting.
Ms . Marino moved, seconded by Mr. Kerness to adjourn the meeting, unanimously approved at
9 : 45 p .m .
Respectfully submitted,
Robin Carlisle Peck
Planning/Zoning Secretary