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HomeMy WebLinkAbout2012-12-11-RTB Town of Ulysses Regular Town Board Meeting December 11 , 2012 Audio available at www.ulysses .ny . us Present : Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler, Kevin Romer; Deputy Supervisor Sue Poelvoorde; Highway Superintendent James Meeker and Town Clerk Marsha L . Georgia. Absent: Councilman David Kerness, Environmental Planner Darby Kiley Others Present: Diane Hillman, Jacksonville Association; Peter and Doris Houghton, Don Wilson, Ed Wolf, Heinz Riederer, Lawrence McCann, Mickey Tsapis, Frank Flannery and Jim Dennis Tompkins County Legislator. Supervisor Marino called the meeting to order at 7 : 00 p .m . APPROVAL OF AGENDA Ms . Marino modified the agenda with the Board ' s approval . BUDGET MODIFICATIONS Ms . Thomas moved, seconded by Mr. Romer the following 2012 Budget modifications : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following Budget Modifications for the 2012 Budget : A Fund A1420 . 4 Attorney CE increase $ 8000 . 00 A1990 . 4 Contingency decrease $ 3400 . 00 Transfer from Fund Balance "Assigned Legal" $ 4600 . 00 DA Fund DA 5140 . 1 Brush & Weed PS increase $ 1350 . 00 DA5142 . 1 Snow Removal PS decrease $ 1350 . 00 DB Fund DB9030 Social Security increase $ 800 . 00 DB9040 Workers Compensation decrease $ 641 . 00 DB9010 State Retirement Fund decrease $ 159 . 00 Ms. Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Romer aye Adopted APPROVAL OF CLAIMS Ms . Marino moved, seconded by Mr. Romer the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined voucher # 474 through 506 in the amount of $ 14,680 . 65 . Ms . Marino aye Ms. Thomas aye Ms . Tyler aye Regular Town Board Meeting 2 December 11 , 2012 Mr. Romer aye Adopted APPROVAL OF MINUTES Ms . Thomas moved, seconded by Mr. Romer the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited minutes of the Working Town Board meeting of November 16 , 2012, Special Town Board meeting of November 27 , 2012 and the Regular Town Board meeting of November 13 , 2012 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Adopted REPORTS OF REPRESENTATIVES Tompkins County Legislator Jim Dennis reported that the Tompkins County passed their 2013 Budget with a tax levy of 3 . 69% increase . Mr. Dennis ' s entire report can be heard on the audio version on the web site . Trumansburg Fire Department & EMS no one in attendance . Written report was distributed to the Town Board . Trumansburg Village no one in attendance . Ms . Thomas gave a brief report covering the Village Board meeting . PRIVILEGE OF THE FLOOR Allen Carstensen said that the solution to the ambulance problem with the Village of Trumansburg is to have the Town Board continue with the same contract with the Village of Trumansburg for Fire and EMS service as in the 2012 contract. Peter Houghton expressed his concern with the Town Board continuing their plan to reapply to the State to regulate docks . He feels that it is premature until the need is determined . Mr. Houghton requested that the Town Board table this re-application to the State . Ms. Thomas said that Town Board could apply and then decide not to take the control . Ms. Tsapis agreed with Mr. Houghton ' s statement. Ed Wolf fully agrees with Mr. Houghton' s statement. Mr. Wolf questioned the Town Board on how they knew they were acting on behalf of the residents on the lake . Tim Fallon agrees with Mr. Houghton' s statement and wishes the Town Board withdraw item 5b on the agenda to re-apply to the State for regulation of docks . Heinz Riederer said that he was disappointed he had no notification of any meetings taking place on the proposed Lakeshore Zoning and agrees with Mr. Houghton and Mr. Fallon. Diane Hillman, Jacksonville Association said she had met with Mr. Rachun and was assured that she would be notified when a walk through was scheduled for the old church property. Frank Flannery has lived on the lake a long time and does not see a need for change and he feels that lakeshore owners are not being represented . Doris Houghton asked if the 5b agenda item is tabled when it will be put back on an agenda. Q. Regular Town Board Meeting 3 December 11 , 2012 The Board said that the next Town Board Regular meeting will be January 8 , 2013 but there is no guarantee this will be on the agenda. Tim Fallen proposed to the Town Board a motion to not submit anything to the State until the rest of Lakeshore Zoning is complete . TOWN REPORTS Planning Board/Zoning Officer Environmental Planner Darby Kiley was not in attendance . Ms . Marino reviewed Ms . Kiley ' s written report. Highway Superintendent James Meeker reported on the activities of the Highway Department which can be heard on the audio version on the website . Town Clerk Marsha L. Georgia reported that the total fees collected for November were $ 3411 . 50 and $ 1 ,741 . 03 was turned over to the Supervisor. Code Enforcement Officer Alex Rachun not in attendance . Mr. Rachun provided a written report of his activities to the Town Board . Supervisor Marino distributed the monthly operating statement. The remainder of her report can be heard on the audio version on the website . Deputy Supervisor Sue Poelvoorde — No report. Deputy Supervisor Elizabeth Thomas reported on the tasks she worked on as Deputy Supervisor; report available on the audio version on the website . Ms . Thomas distributed a revised Personal Policy for the Town Board to review and decide procedure they wanted to follow. Town Board Members and Committees Ms . Marino reported that the Amicus Brief will be filed on December 12 , 2012 and was happy to report that fifty other townships joined in. Ms . Tyler said that the Town of Lansing is interested in joining the Tompkins County Health Care Consortium and she would like the Town Board to adopt a resolution in support. Ms . Tyler moved seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses is in support of the Town of Lansing joining the Tompkins County Health Care Consortium.. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Adopted OLD BUSINESS Lakeshore — Reapply to State to Regulate Docks The Town Board discussed reapplying to the State to authorize the Town of Ulysses to regulate docks and decided that at this time they will wait until Mr. Kerness can be available and the Ad Hoc Committee has moved further along with their analysis of the information received from the public comments and the Town Board . Regular Town Board Meeting 4 December 11 , 2012 Ms. Thomas said that the Ad Hoc Committee met briefly and did not appoint a lakeshore property owner as stated in the resolution the Town Board passed on November 13 , 2012 . Ms. Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses recommends Thys VanCort to serve on the Ad Hoc Committee for Lakeshore Zoning review. The Board discussed this recommendation. Ms. Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Romer nay Adopted It was called to the attention of the Board that Mr. VanCort is not a member of the Ulysses Lakeshore Association and also questioned if he owned lake shore property . In light of this information Ms. Thomas moved, seconded by Ms . Marino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses rescind the previous resolution to recommend Mr. VanCort. Ms . Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Romer aye Adopted Mr. McCain nominated himself to represent the property owners above the lake. Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses ask Thys VanCort to join the Ad Hoc Lakeshore Zoning Committee as the second lakeshore property owner, providing that he owns land in the lakeshore district. Mr. Romer questioned why a resolution is necessary to just ask if he is interested. Ms . Marino reviewed the original resolution and stated she would rather see a member of the Ulysses Lakeshore Association. Ms . Thomas reviewed the experience that Mr. VanCort brings to the committee and that the Ad Hoc Committee cannot move forward without a full committee . A list of the Ulysses Lakeshore Association members were asked for. A vote was called. Ms. Marino nay Ms . Thomas aye Ms . Tyler nay Mr. Romer nay Resolution Failed Mr. Romer moved, seconded by Ms . Marino the following : Regular Town Board Meeting 5 December 11 , 2012 BE IT RESOLVED that the Town Board of the Town of Ulysses table the discussion to reapply to the State to regulate docks . FURTRHER RESOLVED that this will be scheduled for discussion at the January 8 , 2013 meeting . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Adopted Ag and Farmland Protection Plan Ms . Marino moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses set the date of January 16, 2012 at 7 : 00 p.m. to hold a Public Informational meeting and Public Hearing on the final draft version of November 27 , 2012 of the Ulysses Agriculture and Farmland Protection Plan. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Adopted EMS Ms. Marino had distributed to the Board a series of emails outlining that the Town Board needs to decide very soon what contract the Town is going to sign with the Village of Trumansburg for Fire or EMS services for 2013 . Ms. Marino said that the Town knows that they are not required, under law, to provide ambulance service but are required to provide fire protection services. The Board discussed the contracts and the lack of information. The full discussion can be heard on the audio version on the website . Amend Ulysses Standard Specifications and Details for Water Facilities To Use Plastic Pipe Doug Austic, Town of Ulysses Water Distribution & Maintenance Operator has requested that the Town Board update the Standard Specifications and Details for Water Facilities to allow use of plastic pipe and provided the Board with an update to this document. Ms . Marino would like to ask Mr. Bogg a Water Commission member his opinion on the update . This will be tabled until the January 8 , 2013 meeting. Emergency Radio Upgrades Mr. Romer reported on the upgrades for emergency radios for the Ulysses Highway Department and discussed the pro and cons of portable radios versus radios in the major highway vehicles . Full discussion can be heard on the audio version on the website Ms. Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the purchase of 5 (five) portable hand held radios to comply with the Federal Governments requirement going into effect January 1 , 2013 , providing that the test of the portable radios prove successful with the Ulysses Highway Department and upon the approval of the Supervisor. The cost of the radios not to exceed $ 8800 . Regular Town Board Meeting 6 December 11 , 2012 FURTHER RESOLVED that radios for the major trucks will be researched. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Adopted Mr. Romer will provide a couple of portable radios for the Highway Department to try out. Re • uest Extension of Drillin I Re ' ulation Comment Period Ms . Thomas moved, seconded by Ms . Tyler the following : Requesting an Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has filed a Notice of Continuation with the Department of State to extend the rulemaking process by 90 days in order to give New York State Commissioner of Health Dr. Nirav Shah time to complete his review of the draft Supplemental Generic Environmental Impact Statement (dSGEIS) on the Oil, Gas, and Solution Mining Regulatory Program: Well Permit Issuance for Horizontal Drilling and High- Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs, and WHEREAS, NYSDEC has established a 30-day public comment period on the revised draft regulations from December 12, 2012 through January 11 , 2013 , and WHEREAS, the documents released for public review by NYSDEC number 338 pages including the revised regulations 6 NYCRR Parts 52, 190, 550 - 556, 560, 750 . 1 , and 750 .3 ; a summary and assessment of public comments; and additional analyses and impact statements, and WHEREAS, Dr. Shah is providing a review, in consultation with outside experts, of whether NYSDEC has adequately addressed potential impacts to public health, but the DEC ' s pre-mature release of the proposed regulations with a mere 30-day comment period prohibits inclusion of the results of the independent review in the regulations that have been presented for public review, and WHEREAS, many substantive comments on health issues were included among the thousands of public comments on NYSDEC ' s dSGEIS and it is unclear if the "outside experts" have been given sufficient time to consider these comments as part of their review, and WHEREAS, the 30-day review period is completely inadequate for a thoughtful and thorough public review of the released documents and encompasses a period of time with major religious and national holidays, and WHEREAS, but due to Open Meeting Law requirements for advance public notice of agendas and supporting materials, the 30-day comment period essentially eliminates or severely hinders the ability for county Boards of Health, municipal boards, and similar regulatory or advisory organizations to review the released documents and draft, approve, and issue comments . NOW THEREFORE BE IT RESOLVED that: 1 . The NYSDEC should extend the public comment period on the revised regulations to a minimum of 90 days, and 2 . The NYSDEC should also allow public comment on the results of the independent review of potential public health impacts during the same 90-day period, and 3 . No final decision whether to allow tracking in New York State should be made without MI consideration of said public comment on the regulations, the health impact review, and the revised SGEIS as well . Also, RESOLVED, that a certified copy of this resolution be sent to : Governor Andrew Cuomo ; New York State Department of Environmental Conservation Commissioner Joe Martens, New York 4 Regular Town Board Meeting 7 December 11 , 2012 State Department of Health Commissioner Nirav Shah, New York State Association of Counties, New York State Association of Towns, New York State Association of State County Health Officials (NYASCHO), Tompkins County Board of Health, New York State Conference of Environmental Health Directors, Tompkins County Health Department, New York State Senator Thomas O ' Mara, New York State Assemblywoman Barbara Lifton, EPA Region 2 Administrator Judith Enck, EPA Director Lisa Jackson , New York Senators Kirsten Gillibrand and Charles Schumer, New York State Congressman Thomas Reed . SEQR ACTION : TYPE II Ms. Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Adopted Insurance Quotes The insurance quotes were received just prior to the Town Board meeting and have not been reviewed. Ms . Thomas feels that another meeting needs to be scheduled to discuss this . A meeting was scheduled for December 20, 2013 at 8 : 30 a. m. Privilege of Floor Mr. Fallon thanked the Town Board for their service . Mr. Fallon said relevant to the Ad Hoc Committee he wondered if it could be considered increasing the lakeshore home owner' s representation from more than two . He said of seven committee members five should be lakeshore people because the issues are so specific to the lakeshore . Mr. Houghton and Mr. Wolf gave final comments . Comments can be heard on the audio version on the website . Executive Session Ms . Tyler moved, seconded by Ms . Marino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to executive session to discuss a matter relevant to possible litigation. Ms. Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Romer aye Adopted Meeting adjourned to executive session at 10 : 08 p . m. Meeting reconvened and hearing no further business, Ms. Tyler moved, seconded by Ms . Thomas to adjourn the meeting . Unanimously approved and meeting adjourned at 10 : 40 p .m. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk Regular Town Board Meeting 8 December 11 , 2012