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HomeMy WebLinkAbout2013-03-12-RTB Town of Ulysses Regular Town Board Meeting March 12 , 2013 Audio available at www. ulysses .ny .us Present : Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas , Lucia Tyler, Kevin Romer, and David Kerness ; Environmental Planner Darby Kiley; Highway Superintendent II James Meeker; Town Clerk Marsha L . Georgia and Attorney Geldenhuys . Others Present : Tompkins County Legislator Jim Dennis, Ryan McCune from TC Chamber of Commerce, Diane Hillman, Jacksonville Community Association President, Town Historian Nancy Dean, Edward Dean, Elizabeth Warner of Habitat for Humanity and Louis DiPietro Free Press Reporter. APPROVAL OF MEETING AGENDA The Board made some modifications to the agenda. Unanimously approved . APPROVAL OF CLAIMS BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined voucher # 75 through 123 in the amount of $ 52, 955 . 44 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye I Adopted APPROVAL OF MINUTES : 1 / 16, 1 /22 , 2/ 11 , 2/26 Ms. Marino moved, seconded by Ms. Thomas 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 January 16, 2013 . Ms . Marino aye Ms. Thomas abstained Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Ms . Marino 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 Regular Town Board meeting of February 11 , 2013 . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted The Board approved to table the minutes of the Working Town Board January 22 , 2013 and the Public Hearing of February 26, 2013 and the Working Town Board meeting of February26, 2013 . Regular Town Board Meeting 2 3 / 12/2013 REPORTS OF REPRESENTATIVES Tompkins County : Board (Jim Dennis) Mr. Dennis gave a brief report of the County Legislators : • Reported NYS Budget due to pass 4/ 1 /2013 — trying to get more money added to the CHIPS program — discussion increasing living wage- • Over 80 people attended a meeting on the Safe Act • Chairing the committee for a new Finance Director — David Squires is retiring • Discussed briefly the re-assessment of farmland and suggest that the Town may want to have Jay Franklin, Director of Assessment come explain • Mr. Dennis received an email from the Board of Elections where they may be changing the boundaries of the different election districts Trumansburg Fire Department & Ems — no one in attendance . Village Of Trumansburg — not one in attendance . PRIVILEGE OF THE FLOOR Town Historian Nancy Dean gave a brief report on her activities : • Received over 20 inquiries • • Attended nine meetings of the Municipal Historians ' of Tompkins County • Worked with Highway Superintendent on getting the state historical markers re-painted Ms . Dean said that due to her health she must limit her historical work. She would like to continue working on some projects but will ask the Town to be looking for someone who is interested in working with her and eventually become the town historian. Presentation : TC Chamber of Commerce Sign Project; Ryan McCune Mr . McCune presented the Town Board with a proposal "Gateway Signage Project 2013 " to install two signs in Ulysses ; one on Route 96 and the other on Route 89 . The signage would read "Welcome to Tompkins County / Town of Ulysses . Mr. Ryan explained the other responsibilities the Town would have to undertake . Program ; Habitat for Humanity : Liz Warner Ms . Marino gave a little background before introducing Liz Warner from Habitat for Humanity of Tompkins and Cortland Counties to give a presentation on "A Brush with Kindness" project. The Town of Ulysses was awarded a New York State Small Cities Program Community Development Block and the Town contracted with Better Housing for Tompkins County . Homeowners who received assistance through this program entered into Diminishing Lien Agreements with. the Town, which required repayment of a portion of the grant amount if the property were sold within five years from the date of said agreement. The sum of $ 13 ,076 was repaid to the Town by homeowners who sold their properties within the five year period. The Town wishes to assist low- and moderate income homeowners in the hamlet of Jacksonville with home repairs and work with Habitat for Humanity ' s "A Brush with Kindness" program. Ms . Warner outlined Habitat for Humanity ' s "A Brush with Kindness" program . TOWN REPORTS Planning Board. / Zoning Officer Darby Kiley Planning; Board 4 ®� Regular Town Board Meeting 3 3 / 12/2013 • The PB continued the Site Plan Review process for the ShurSave expansion. • The PB reviewed the Zoning Analysis done by Bergmann Associates and decided that they will each come up with a top three list and develop priorities based on that. BZA • After receiving the remand decision for the Mott property from the NY Supreme Court. The BZA denied the height request and granted the setback request. • Meeting March 20th to review two appeals : ( 1 ) area variance for a house setback from the lake ; (2) sign variance for ShurSave . Agriculture and Farmland Protection Plan The Plan was approved by the Tompkins County Ag and Farmland Protection Board, and was sent to the Commissioner of NYS Department of Ag and Markets . Ad Hoc Zoning Committee The committee met on February 28th and the discussion focused on stream setbacks and lot size . The next meeting on March 14th will continue discussion on these topics and add driveways/parking . Ms . Kiley said that if the Town is pursuing regulating the docks and moorings using the navigation law authority for the legislature that the Town should take the steps in that direction at the April meeting . Ms . Kiley said that she can mention this to the Ad Hoc Committee if the Town Board wants direction on how they are thinking along these lines . Ms . Kiley reported that Don Smith resigned from the Ad Hoc Committee . Mr. Kerness offered to take his place as a lakeshore property owner and also a member of the Westshore Association. The Board discussed this with Attorney Geldenhuys . Ms . Geldenhuys said that there is no legal reason why a board member cannot be on advisory committee . Ms . Tyler moved, seconded by Ms . Thomas the following : BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the resignation of Don Smith from the Ad Hoc Committee and FURTHER RESOLVES to appoint David Kerness to serve on the Ad Hoc Committee . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted The Board would like Ms . Kiley to bring the regulating of docks, etc . up for discussion at the Ad Hoc meeting to get their consensus . Hazard Mitigation Plan The draft update of Tompkins County's Multi-Jurisdictional Hazard Mitigation Plan is available for public review at http ://www.tompkins-co . org/planning/haz mit. htm . WRC - Hydrilla presentation At the upcoming March 18th meeting, the WRC will hear a presentation from the Hydrilla Task Force, Regular Town Board Meeting 4 3/ 12/2013 Emergency Stream Intervention Program The Tompkins County Soil and Water Conservation District is hosting an upcoming Emergency Stream Intervention Program on March 19 , 2013 . Highway Superintendent James Meeker reported the highway activities for February. Mr. Meeker attended a bridge preconstruction meeting for the repair of the Seneca Road Bridge. Start up for the work is scheduled for the first of April . Mr. Meeker reported that they all attended the Erosion Sediment Control Training and received certification, which is good for three years . Ms . Kiley will get the report that the Highway Department attended and completed the training for the annual report on Stormwater. Town Clerk Marsha Georgia reported that a total of $ 942 . 50 was collected for the month of February and $ 873 . 50 was turned over to the Supervisor with her monthly report. Ms . Georgia said she has mailed the 2nd notices for delinquent taxes with the amounts due by March 31St and April 2nd. April 2 , 2013 will be the last day to collect. A total of $612 .40 was collected for tax penalties for February. Code Enforcement Officer not in attendance . Supervisor Roxanne Marino Ms . Marino reported : • Annual Audit to the State has been finished and sent to the State — copy available on all_share • The final inspection on the Solar panel systems is happening both at the Town Hall and the Town Barns — after that the systems will be turned on • The Ulysses Agriculture and Farmland was approved by Tompkins County Agricultural and Farmland Protection Board and was mailed to the State . • Ms . Marino announced that she has hired a project assistant • The Town participated in the Broadband grant and that has been awarded over two million dollars for that project which will help provide broadband service to un-served areas of Towns of Ulysses, Enfield, Newfield, Lansing, Danby, Groton in Tompkins County and other surrounding towns . Deputy Supervisor Elizabeth Thomas gave brief report and emailed report in full to the Board . She reported on the following : • Personnel Policies - provide comparisons of services between PayChex and Public Sector HR. • Planning/Zoning - Lake Shore - Attend Ad Hoc meeting to hear discussions . • Website - Train Marci to update-community, supervisor, water district, census data, maps . Upload audio version of meetings • Water District clarification for the request to allow plastic pipe for houses closer than 150 ' from road . Interface with Phoenix Sentry to determine why the quote changed by a large amount. • Newsletter - topics AFPP , solar panels, lakeshore zoning, broadband grant, youth services, CSI water quality report, Village water/sewer Ms . Thomas attended several committee meetings and gave reports . Ms . Geldenhuys who also attended the Association of Towns meeting distributed information on ethics for planning boards and zoning boards . Town Board Members and Committees :1L Regular Town Board Meeting 5 3/ 12/2013 Ms . Tyler said that the EMC working on the State of the Environment, which has not been done in some time. Caroline Peterson is taking the lead and they will be addressing the strengths and weaknesses of Tompkins County as seen in terms of environmental management resources . Suggested EMC goals for improvement are in areas of weakness. They worked on prioritizing projects. OLD BUSINESS Ms . Thomas has received thei revised quotes for a new remote cellular communication system to monitor the water supply system from AquaLogic Systems and Phoenix Sentry as requested by the Town Board . The quote for AquaLogic Systems is the lower quote . Ms . Thomas has prepared a resolution. There were questions regarding the payment terms . The Board tabled this until the next meeting when Ms . Thomas can confirm or change the payment agreement per the Board ' s instructions . Ambulance District Formation — vote on resolution to establish a Ms . Marino moved, seconded by Mr. Romer the following : TOWN OF ULYSSES RESOLUTION FOR ESTABLISHMENT OF AMBULANCE DISTRICT AFTER PUBLIC HEARING WHEREAS, the Town Supervisor of the Town of Ulysses, New York (the " Town "), duly prepared a map, plan and report (the "MPR") for an ambulance district covering the entire Town outside the boundaries of the Village of Trumansburg, to provide emergency medical service and ambulance service in the Town, as set forth in the MPR; and WHEREAS , after the Town Supervisor duly filed the MPR in the office of the Town Clerk, the Town Board on February 12, 2013 , duly adopted an order reciting a description of the boundaries of the proposed district, the maximum amount proposed to be expended for the first year of operation of the proposed ambulance district, the fact that a map, plan and report describing the same are on file in the Town Clerk's office for public inspection and specifying that said Town Board shall meet at the Town Hall , 10 Elm Street, Trumansburg, New York on the 26th day of February, 2013 , at 6 : 30 p . m . , for the purpose of conducting a public hearing on such proposal to establish the iambulance district for the services specified in the MPR, and to hear all persons interested in the subject thereof concerning the same; and WHEREAS , copies of said order were duly p ublished and posted according dmg to law, and said Town Board at the time and place specified in said order, duly met and considered such proposal and heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same ; and WHEREAS , the Town Board ;considered the evidence offered at such time and place; NOW, THEREFORE, Be It Resolved, by the Town Board that it be and hereby is determined as follows : ( 1 ) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) All of the property and property owners, within the proposed Ambulance District are benefitted thereby. (3 ) All of the property and property owners benefitted are included within the proposed Ambulance District. (4) It is in the public interest to establish the ro osed Ambulance District as hereinafter p p e nafter described, and be it further Regular Town Board Meeting 6 3 / 12/2013 RESOLVED that the Town Board does hereby approve the establishment of an Ambulance District as hereinafter described to be known as the Town of Ulysses Ambulance District, with the following boundaries : The entire Town of Ulysses outside the boundaries of the Village of Trumansburg ; and be it further RESOLVED that this resolution is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law § 209-e (3 ) . Ms. Marino 's statement: I am voting for the resolution to establish an ambulance district covering the entire Town outside 1 the boundaries of the Village, to provide emergency medical and ambulance service. I am not without reservations, but this action is necessary because the Town cannot continue to legally contract for EMS with the Village unless a district is established, or unless the Town and Village enter into a town-wide, shared service contract. The Village Board has rejected our repeated requests to consider the latter, despite financial advantages to Village taxpayers. I want to be clear that I support the men and women of the T-Burg EMS and their service to our community. It is our responsibility to the taxpayers to try and obtain detailed information on what they can expect for an annual expenditure of nearly a quarter of a million dollars before entering into a contract for critical services. Our board has raised substantive questions about the potential changes to EMS service and future costs to the Town with recent expansion of coverage territory that remain unanswered. If the town does not contract with the Village for EMS, the Village requires the Town to pay 86% of a full contract for EMS services in support of fire protection (2013 budget), but for the $ 192, 000 "will not send an ambulance to assist any citizens in the Town under any condition " (Dec 10, 2012 letter from the Village EMS attorney) . This letter also raises concern in stating that the Village is not required to explain why it sets a price for its contract or to have the price bear a close relationship to the actual costs, and that such information is provided as a courtesy. Detail on the use of $200, 000 of taxpayer dollars to provide services should not be considered a courtesy. I still believe that a collaborative shared-services agreement on EMS is in the best interests of both Town and Village residents and would best support the continued viability of the Trumansburg Ambulance department into the future by spreading the costs of maintaining and receiving the service equitably over all residents of Ulysses, both inside and outside the Village. The Town of Ulysses website has an EMS page with the Village 's Dec. 10 letter and much other information from the public record. Mr. Kerness read the following into the record: I cannot vote for the EMS District. EMS is not a federal or state required service and charges from Trumansburg have been significantly growing. It also seems to me that taxing our constituents and charging them directly for the service is unacceptable. Lastly Trumansburg service area has grown significantly and has led to reduced response time and increased dependency on the private sector provider. Ms. Tyler said that she feels like the Town Board has been put in an unfortunate position and she guesses that her decision making process and her vote is based on the statement that was made that the EMS would not go if we did not sign the EMS contract. There was a communication from the Village Attorney that the Village EMS would not go to even provide mutual aid and so that leaves the residents holding the bags, so to speak and since it is a matter of health and safety I do not think it is something we can play games with essentially and so that is the basis of my vote. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness nay Mr. Romer aye Regular Town Board Meeting 7 3 / 12/2013 Adopted PRIVILEGE OF THE FLOOR Ms . Krys Cail (who arrived to speak under the 2nd privilege of the floor) presented information on "Climate Smart & Climate Ready" a joint coalition of Cortland and Tompkins County not- for-profits, colleges, businesses and local governments who, under the leadership of Assemblywoman Barbara Lifton, have come together to support ongoing planning and action to make our region more climate friendly and climate resilient. Ms . Cail asked the Board for any ideas . Brush With Kindness - draft contract to consider Mr. Kerness moved, seconded by Ms . Thomas the following : RESOLUTION OF THE ULYSSES TOWN BOARD APPROVING CONTRACT WITH HABITAT FOR HUMANITY FOR NYS SMALL CITIES CDBG FUNDS WHEREAS , the Town of Ulysses, Tompkins County, New York, was awarded a New York State Small Cities Program Community Development Block grant in the amount of $400,000 in 2007, as set forth in the Grant Agreement dated October 1 , 2007 ; and WHEREAS , the Town contracted with Better Housing for Tompkins County to provide moderate rehabilitation (repairs valued between $ 5 ,000 and $25 ,000) to the residences of qualified homeowners within the Town; and WHEREAS , homeowners who received assistance through this program entered into Diminishing Lien Agreements with the Town, which required repayment of a portion of the grant amount if the property were sold within five years from the date of said agreement; and WHEREAS , the sum of $ 13 , 076 was repaid to the Town by homeowners who sold their properties within the five year period ; and WHEREAS , the funds need to be used for repair projects within the Town of Ulysses; and WHEREAS , the Town wishes to assist low- and moderate income homeowners in the hamlet of Jacksonville with home repairs and WHEREAS , Habitat for Humanity of Tompkins and Cortland Counties ("Habitat") has an established program known as "A Brush with Kindness" (ABWK) to assist homeowners with small repairs, and the Town Board has received and reviewed the documentation describing this program provided by Habitat; and WHEREAS , Habitat proposes to undertake the Jacksonville "A Brush with Kindness" Project ; and WHEREAS , the Project meets the objectives and requirements of the New York State Small Cities CDBG funds ; and WHEREAS , Habitat has a demonstrated capacity to implement the Project; and NOW, THEREFORE, BE IT RESOLVED that the $ 13 , 076 of NYS Small Cities CDBG funds will be used for repairs to homes of low- and moderate income homeowners in the hamlet of Jacksonville in the Town; and be it further RESOLVED that the Town will enter into a Subrecipient Agreement with Habitat, whereby Habitat will use the abovementioned sum of $ 13 , 076 for the Jacksonville ABWK Project, on the terms set forth in such Agreement, which will be subject to review by the Attorney for the Town Regular Town Board Meeting 8 3 / 12/2013 and Town Supervisor prior to its execution. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Chamber Of Commerce Sign - possible resolution The Board tabled at this time because of additional questions . Will put on the agenda for the 3/26/2013 meeting . Water District Standard Specifications The Board has received information from several sources and it was determined that they will deny the request to update the specifications at this time . NEW BUSINESS Letter of Support for 2013 Cayuga Lake Triathlon • Ms . Marino moved, seconded by Ms . Thomas the following : WHEREAS the Cayuga Lake Triathlon is an event in the Town of Ulysses that brings hundreds of participants and spectators to the town; and WHEREAS the Cayuga Lake Triathlon has established a good record for being well organized and keeping participants and spectators safe, including the clearly delineated plans for traffic management and detours . ' THEREFORE BE IT RESOLVED the Town of Ulysses approves having the Town Supervisor sign and sends a letter of support to the Cayuga Lake Triathlon organizers . Ms . Marino aye Ms . Thomas aye Ms . Tyler aye • Mr. Kerness aye Mr. Romer aye Adopted Personnel Policy The contract with Public Sector HR has been signed and a committee needs to be established to work with them . Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of Ulysses appoints David Reynolds, David Kerness and Elizabeth Thomas to serve on a Personnel Committee convened to develop an updated Ulysses Personnel Policy for approval by the Ulysses Town Board, with the assistance of the firm Public Sector HR. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Regular Town Board Meeting 9 3 / 12/2013 Adopted ADJOURN Hearing no further business Ms . Marino moved, seconded by Mr. Romer to adjourn the meeting . Unanimously approved; meeting adjourned at 10 . 24 p .m . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk