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HomeMy WebLinkAbout2013-06-25-WTB DRAFT Town of Ulysses Working Town Board Meeting June 25, 2013 Audio available at http ://www. ulysses . ny. us/council/tbmeetings/ Present: Supervisor Elizabeth Thomas ; Councilpersons Nancy Zahler and David Kerness, Environmental Planner Darby Kiley; Town Clerk; Marsha Georgia l Absent : Councilpersons Lucia Tyler and Kevin Romer Others Present : George Kennedy, Don Wilson, Jan Zeserson, Susan Ettinger, Rod Hawkes, Gail Mott, Richard Mott, Louise Terry, Jack Fallenstein, Diane Fallenstein, Ken Zeserson, Doris Houghton, Tim Fallon, Rocco Lucente, Ken Avery, Bruce Fredericks, John Wertis, Ed Wolf, Mario & Jeanne DelRosso, Lawrence McCann, Cheryl Chalmers, Dan Clement, Jack & Barbara Lewis, Robert Hesson, Frank Flannery, Todd Searles and Laurie Murray APPROVAL OF AGENDA Ms . Thomas moved, seconded by Ms . Zahler to approve the agenda as presented. Unanimously approved APPROVED MINUTES Ms . Thomas moved, seconded by Ms. Zahler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Regular Town Board meeting of June 11 , 2013 as edited. Ms . Thomas aye Ms . Zahler aye Mr. Kerness aye Adopted LAKESHORE ZONING - Presentation by Environmental Planner Darby Kiley. This presentation of the latest version of the Draft Lakeshore Zoning, dated 6/ 14/2013 can be found at www. ulysses .ny.us under Current Events and the audio version can be heard at http ://www.ulysses .ny. us/council/tbmeetings/ under audio . PRIVILEGE OF FLOOR - limited to total of 20 minutes with each speaker being allowed a 3 minute time . Tim Fallon June 25 , 2013 Members of the Ulysses Town Board, Thank you for your service . I recognize your decisions are sometimes complicated and are made in the face of high passions, rational or otherwise . I am here tonight to ask you to remove all provisions relating to waterfront regulation from the proposed lakeshore zoning ordinance . Here are 5 reasons in support of this request: 1 . The proposed water front regulations are arbitrary, and are being proposed without sufficient background knowledge or expertise . a . One 'obvious example is the requirement for a minimum dock width of 3 feet, apparently proposed because of a perceived need to have some number. There are about 400 boat slips at the Alan Treman State Marina with a width of 2 . 5 feet, and they are shared by unrelated boaters . There are about 66 floating boat slips at the Ithaca Yacht Club with a width of 2 . 5 feet. There are 60 or more 2 foot wide shared slips at the Johnson Boat Yard . There was at least one discussion that mentioned the possibility of narrow catwalks for a boat hoist, but the minimum 3 foot number stuck and the main point is that this is rule making without any rational basis or study. b . Boat hoist roofs are proposed to have no greater pitch than 3/12, yet that slight a pitch is an absolute minority design on the existing Town of Ulysses waterfront . c. An allowed depth of 6 feet is proposed, but that number was decided without sufficient understanding of the normal high water measurement system used on Cayuga Lake . Notwithstanding, it remains problematic to assign such a number in an arbitrary manner because of varying grades as one goes offshore . d . Boat hoists with a second story are indiscriminately being denied, yet about 6 . 5% of the homeowners have been enjoying such amenities for years . e . The moorings issue, thanks to a citizen' s input, turned out to be not much of an issue because there are already NYS regulations that totally accomplish the Town' s stated desires . f. The Army Corps has extensive regulations that in concert with NYS provide satisfactory guidance for our Cayuga Lake that is truly connected with the world . Their expertise far exceeds what we have seen from the Town or that the Town could develop without unreasonable cost in an era of severe budget constraints . 2 . There has been a demonstrated display of bias against homeowners who can afford to invest and build along the lake. a . For example, when there was a complaint against a homeowner having a second dock, and the answer given by a Town Board member was an exasperated ' because they can'-- this patently indicates a bias that is most unfortunate . Second docks are not universal, but they are far from unique and have existed in harmony for quite some time . b . That same bias was stated when it was said that 'people with money are bending the rules' . 3 . There has been undue and undeserved weight and consideration given to the views of a small group of individuals calling themselves the WSHA. a . This group has been promoting themselves as representative of the West Shore Homeowners, but the membership list provided to the Town is terribly flawed . At least 2% of the names are deceased, at least 6% of the names have absolutely never been members of that organization, 43% of the names are duplicated for a given address, 13% are not in the Town of Ulysses, 11% were lacking a name or an address, and 7% who are WSHA members but are aligned with the ULA on zoning issues . There is considerable doubt whether the WSHA can produce even a one page list of members who meet the criteria of their own bylaws . Said bylaws were requested and received by the Town Board . b . The WSHA presented data that was wrong or misleading as a preamble to their totally biased survey. For example, some Finger Lakes have zoning, but that is because the Army Corps has no jurisdiction for pile docks on those non-internationally navigable waters . While the Town disavows sanction of said survey, and the ad hoc committee varies between high praise and honest disenchantment, the same misleading WSHA data and survey are being promoted on the Town web site . What does it take to get misinformation removed or corrected , and why does their info get posted while your other citizens' data is ignored ? 4. The Town collectively has been demonstrating mean spirited behavior in the pursuit of the proposed zoning. a . The "worst of worst" example is when the Planning Board Chair person is so without balance and judgment as to take, edit and post a You Tube video stating his thoughts of excitement if a construction truck were to fall off a construction driveway . Such an accident would likely be fatal to the workers . Are trees so much more valuable than a human being? Is inaction by the Board on this previously identified issue meant to be seen as equally mean spirited ? b . When a Town Board member and the WSHA president attend a variance meeting objecting to items that might be of concern to immediate neighbors, but instead live three or more miles from the applicant, that strikes me as mean spirited, biased and overreaching. c. When a Town Board members states in a public forum that nobody needs an accessory shed by the water because he doesn't have one and he doesn't see the need for it, the lack of empathy with the needs of 30% percent of the other residents seems mean spirited and selfish . d . When concerned citizens request meaningful ad hoc committee participation in deliberations to address the 2012 Public input session and are categorically denied that right, was that politics, or a mean spirited way of shutting down constructive input? e . When the reason for roofs of different pitch angles was answered as an attempt to match the style of the owners' homes, the outright dismissal in the face of overwhelming examples of very nicely coordinated structures smacks hugely of "I don' t want you to have something nice", and " I want to deny you a pride of ownership" item . f. Larger docks are proposed to be denied because of a concern with parties on the water. Since when are parties by the water a bad thing? If noise is the issue, then propose a noise ordinance or use available legal remedies . Otherwise, quit being so mean spirited . g . The actions of those pushing the waterfront agenda seems to be one of ' I have mine, you can't have yours' . Those who have been most active in developing and pushing this agenda have among the least conforming properties . 5 . The proposed waterfront portion of the zoning is contrary to the Comprehensive plan except for an action item that has no developed line of reasoning in the Comprehensive Plan . a . The plan states a desire for being consistent with the existing lakefront character, yet by any number of items, the proposed regulations will prevent the owners from enjoying many widely enjoyed design elements like matching roof pitches, decks on hoists, etc . b . Nowhere in the Comprehensive plan is there any discussion of problems or issues with the waterfront. c. The available meeting minutes of the 2009 Comprehensive Plan have been reviewed and there is no discussion or development of this need . It shows up with five words in the middle of a general paragraph in the minutes of one meeting, and soon thereafter becomes an action item . For these five reasons, we request that you remove the waterfront regulations from the proposed Lakeshore zoning ordinance, and let the experts at the Army Corps, and NY State continue with their oversight. We have lost faith in the ability of the Town to manage the waterfront, and do not wish to have another layer of regulation that is so subject to the vagaries of local, subjective, ill informed, and biased decision making where passion overrules rational thinking . You state the need to move forward and provide feedback on what is being offered, and to forget the past. This is like a car salesman asking you to choose between a red car or blue car even though he never convinced you to buy a car. NOT SO FAST . . . . You have not sold us on the need and this is part of the reason for the huge upset and frustration. I can well appreciate that this is not what you may want to hear from your citizens, and I can only ask that you try to take these words and think about whether they have a foundation worthy of your consideration. Your jobs as lawmakers are important, and I hope you can give fair and due consideration to our request. Sincerely, Tim Fallon for the ULA ULA Secretary Ken Zeserson I am Ken Z. Chair of the Ulysses Planning Board. We fully support the work and findings of the Ad Hoc Committee which are being presented to the TB this evening. We believe the proposed lakeshore zoning meticulously interpreted by the Ad Hoc Committee does indeed fulfill the recommendations of our Town's Comprehensive Plan which clearly indicates the majority of Ulysses citizens favors Conservation and Lakeshore Zoning resembling similar codes currently in place in Ithaca. We believe it is critical for Ulysses to continue Ithaca's initiative in this regard as both communities attempt to regulate the inevitable development that is currently snaking up Route 96 and Rt. 89 to Trumansburg . We are not opposed to development per se but we are focused on attempting to preserve existing t open space and our natural rural environment to a reasonable degree . The proposed Conservation Zone gives us a mechanism by which to do that. Similarly, while most of the Ulysses lakeshore has already been developed the proposed lakeshore zoning is in our view a necessary tool to preserve what is left of the Unique Natural Areas (designated by the county) steep slopes, vegetation and streams leading down to the lake and to insure that lakeshore dwellers can coexist in a neighborly fashion. We strongly urge the Town Board to accept the findings of the Ad Hoc Committee and to proceed to a public hearing on the Conservation and Lakeshore Zones . Lawrence McCann Letter Read to Ulysses Town Board 6/25/ 13 - 1st Privilege of Floor Cheryl and I would like to express our exasperation and frustration with the process and lack of representation, as well as the fast-track nature of the Lakeshore Zoning . We feel steamrolled and betrayed as a family, that has called Ulysses our home for 15 years . We request that the Town Board set aside this project' s approval and take no further steps toward implementing until the process has been properly implemented and complies with NYS guidelines . The Town Board and Ad Hoc Committee have simply ignored our documents through this process of granting land use preferences for the lakeshore by a Town Board and Planning Board supermajority controlled Ad Hoc Committee . This is Preferential Spot Zoning, created in a non- uniform way, against the wishes of the residents of Ulysses . It is unwarranted and coupled with New York State rules, that require extensive public involvement on land use matters, it is improper. Preferential Spot Zoning is the antithesis of municipal Land Use Planning and Zoning . This process has been arbitrary and capricious, giving preference to a minority . The result is that the majority is currently non-compliant before the start. This process by which a smaller area is singled out of a larger area or district and specially limited via different zoning is inconsistent with the surrounding community . No one has justified the changes and everyone claims protection via "grandfathering" . This is an egregious and unwarranted seizure of taxpayers land and rights . Our attempts to participate in the process have been ignored and rudely dismissed. A few examples : The data we provided in the form of a letter and supporting documents was not considered or discussed and, in fact, was omitted from the online minutes . The documents regarding critical Health and Safety for landowners were directly related and created by the CDC and Cornell University. The Ad Hoc Committee minutes listed them as "attached", but they were not. No discussion ever ensued regarding Lyme Disease and Tick Protection in the area for residents and their children The 200+ page Soil Survey constantly referred to and relied upon by the Ad Hoc Committee, to make decisions, clearly demarcates steep slopes as 20% and above, while it terms moderately steep as 12 % to 20% . But the AHC arbitrarily set 15 % as the definition of steep slope , in direct conflict with the standard they used. Decisions were based upon a Lakeshore Resident Survey which was described as "great" material and but was in fact improperly implemented, biased and misleading - created by a then member of the AHC to support his agenda. We never received the survey; as residents and taxpayers and wishful participants . This is a grievous oversight. Despite use of the survey, to justify the zoning procedures and decisions, it was later described as garbage by a member of the Ad Hoc Committee . We were unable to participate, comment or interact in the Ad Hoc Committee meetings, for the majority of time . Yet a member of the Town Board, not on the Ad Hoc Committee, could question, interact, receive documents and maps, state agendas and conclude . It was not until I pointed out, that these meetings were being run improperly and should be Public that, (after months of my inquiry, letters, email and statements being unanswered), the Privilege of the Floor and Meeting Minutes were added. This is improper and violates the Rules and Regulations of Proper Governance and Procedure set by the State of NY for Municipal Governance . Over and over more stringent regulations were proposed and passed for the Non-Lakeshore area, while no one from this area was represented. Those on the lake represented a large contingent of the Ad Hoc Committee and over and over less stringent regulations were discussed for their property . The result: Lakeshore Zoning regulations are far more stringent for the Non Lakeshore area than the Lakeshore area. After discussions of reduction on the Lakeshore to 1 acre from 2, the AHC recommends the current 2 acre zoning, while Non-Lakeshore was increased from 2 to 5 acres . Setback discussions again included reducing the Lakeshore setback, but Non-Lakeshore setback was increased to 75 ft for both non-permanent and permanent streams . Non-Lakeshore was deemed steep at 15 %, while no discussion on the steeper area Lakeshore ensued. This is an unwarranted seizure of taxpayers land and rights . The additional expense required from a myriad of restrictions and requirements has made the dream of building a home impossible for all but the wealthiest . (3 Minute Limit Reached) Lawrence McCann Cheryl Chalmers Heinz Riederer 1 i TO: Ulysses Town Board DATE : June 24 , 2013 FROM : H . Riederer SUBJECT: Lake Shore Zoning In regard to the Ad Hoc Committee , I am troubled with the lack of 'due diligence" prior to decision making . For example , in the matter of moorings , the State of New York, i . e. N . Y . State Park Commission , regulates moorings . It is not necessary to create another layer of regulations . The proposed new regulation by the Town virtually mirrors the State Regulation . Why do we need this area regulated by the Town? In the matter of docks, both DEC and the Army Corp of Engineers (ACE) regulate and their regulations are adequate. Why do we want to regulate at the Town level ? Inthe matter of 'riparian rights" , the Ad Hoc Committee has been urged to consult with experts- i . e . surveyors - priorto making decisions . This recommendation was ignored even though itwas communicated to the Committee that inquiries and discussions with surveyors indicated that the so called 'colonial method' , which is now proposed , isthe least desirable method for Ulysses . This is in part — due to the configuration of the lake shore . One more point to show isthe Committee's lack of due diligence . The Town 's Web Site still shows under 'Frequently asked Questions' — "Would you like someone to build a 100 ft. dock and extension in front of your property?" This statement was taken from a " biased" survey and is false since current ACE regulations do not allow this . The Committee even used 'results' from this flawed survey to make decisions relative to docks and other matters . (See Ad Hoc Committee Minutes of 3/28/13) In conclusion , I recommend a complete review by the Town Board of the areas discussed in this memo. Any proposed new zoning regulations relative to the Lake Front should be tabled until the need and future impact of proposed new restrictive regulations are fully analyzed and considered . Also , a major potential impact of this proposal has been ignored to date . Lake Shore properties {approximately 170 parcels) represent approximately 25% of the total property values in Ulysses (copy attached) . The proposed regulations will impact future town income , property values , property assessments , and future development. This is an item that needs to be on the Town Board's Agenda for discussion and consideration priorto any new Lake Shore Zoning regulations are to be considered . Respectfully submitted , H . Riederer 1 -Attachment — Source : Tompkins County Assessment Office e 0 O i-- Nr) ,nr) l c") r) r- r- • r- r ri H W l0 NI tH CO Ol r N N En OOoO ` NN \ \ H 00 u ) o VD W ri ri 0to U) X r m m CO CO CilHHON ' H CO OD cn OD OD al CD00 � � E a ' o d, N N N 124 in I� x U) W a r- co i I a E W i-7 N co CO 0 0 { 14 al a 0 u ) � 0 c- H O CO c0 E' E o Q a E' ° in x c) of co ,-1 rn 1-� FC v) to �n o I H U) a OD E 0 H CO M in in r) Q D H H a M CO cO � Ems- C-) rn l ri [..] N cn Cr)m o- rt w a z c HI ri rn > ni in [q N O) r- a) X 3 � �01 XX � c CO HI a' I-1 v) uD 0 'I EzC O OD E �4 CO W rE rl a F F r-i N H M M CM- ) Q co CO r) CO Q, E■ in in W >-1 o) r) M t.0 z CO 2 m a) N °r d,1-1 Er] 3 FC D . . co 3 0 4 O OD o Cr) ro m m CO 0 w ♦ El On co M E M # N .-i ri CO CO O M M M M H 0 cc o W FAH co OD 1-1 m w `" F o � z H w H > 0 o Z H H CO 0 P Hw H Z p 0 Cr-) M 0 Lo l.0 O 0 ' M 0 co m IX N tr N 0 CD Ei Cn W Q w o cn co ,-i on L a, X cn E cc u, o co `n C oP 0 CO CO CI 61 7-+ z W V c 0 H Cr) VD N N op [,] l)4 X r) N co M O E w H II Z N M .7 * 0 N O o 0 0 c-I it W o 0 0 o O cn al r o r) O W ¢ N v) � w M cn .J Lo (NI r• to c M rl CO v-) (`") N u) Q a,Ln G CO a o H N N � ;9 ri rl Cl EIcc-I C) it) O D' ` E a a ' a Co ri m r) \O Co W O. F W lD H N H O N H cn OD O E FC ri H H a w H O x • Z z c_) E 0 a <H z ;ti w a G H `� F 0 in a, H 114 X PC i (L) a) H co ix.) 0 E' p N o m w w F CC H a C H '+ o CO H H a W .° riiin w � � m x w H 0 m < 2 I z l C] CO Eti 0 H CCO 0 3 � Cam) w 0 N Cr) H Z S cn W rl • H003 0 r- OW ri tf) 1D CO it • CO O El CO U c cc cn I Assessment byNeighborhood Code ( RES ) Neigh Cls 36040 210 36040 220 36040 230 36040 242 36040 260 36040 311 36040 312 36040 314 Count: 177 Assmt Total; 86 , 062 , 400 Average : 486 , 228 Count: 177 Assmt Total : 86 , 062 , 400 Average : 486 , 228 Bruce Fredericks read letter for Don Smith To : Town Board and Ad Hoc Committee From : Don Smith, 1329 Taughannock Blvd, Ithaca, NY 14850 Subject : Lakeshore Zoning June 25 , 2013 Thank you to the Town Board and the Ad Hoc Committee for your hard work on this important subject that has been in process for over three years . I will focus to five points : 1 . The silent majority of lakeshore property owners want you to pass the Lakeshore Zoning . Note that a 2007 survey of Ulysses lakeshore property owners showed that 91 % of the respondents want the Town to regulate docks and waterside development. This was confirmed in a 2012 survey of Ulysses lakeshore property owners that showed 80% of the respondents believe the current regulations are too permissive . I will be happy to share the details of these surveys . 2 . The current lakeshore zoning is too permissive . For example, without a pre-construction permit, a neighbor can build a 100 ft. long dock with a 50 ft. extension that totals 1 ,200 ft2 . Since water rights are vaguely defined, this dock may interfere with a neighbor' s view or lake access . This neighbor can also build, again without a pre-construction permit, a 900 ft2 boat hoist with a second floor and a tall roof that interferes with your view. There are no restrictions to bright lights . This neighbor can even open a for-profit business for dock rental and boat launching . 3 . The Ad Hoc Committee's draft, though not perfect, is an excellent draft. In subsequent discussions, after the input of the lakeshore property owners, I will present some suggested improvements . 4 . Unfortunately, there is significant inaccurate information concerning the process and the impact of the proposed Lakeshore Zoning . Thanks to the Town Board and Darby Kiley for the Lakeshore Zoning FAQs posted on the Town website . I urge everyone here tonight to read the FAQs because they are factual and informative . For example, they discuss that existing property is automatically grandfathered and can be rebuilt if destroyed. The FAQs also discuss the plans to zone the Ithaca Yacht Club and the Girl Scout Camp so they remain and prosper but their land cannot be developed. 5 . A few people strongly state that the current zoning works fine because neighbors work things out with neighbors . Irish that was true . Unfortunately, there have been and continue to be numerous neighbor-to-neighbor conflicts that the new zoning would substantially reduce . Thank you. Ed Wolf asked what the rational in increasing the lot size to 2 acres and limiting the footprint to 4000 sq . ft. Ms. Kiley answered this for him. John Wertis Zoning is all about balancing the sometimes conflicting positions of individual and community desires . I want to thank the Board for your patience and the many opportunities you have given Town residents to contribute to the zoning law changes before now. If you bought your property (as we did) after 1960, you knew you were buying into a Town with zoning and you would have to live with some restrictions on the use of your property . Times have change ---zoning needs to change with it. The changes in these documents will meet the needs of the Town. Those living in the new zone you create will have their rights protected by grandfathering . Once more, while urging you to move forward, I thank you for your patience and openness throughout the process . Jack Lewis continued reading the remaining statement of Tim Fallon' s Robert Hesson said that if you go back to 1950 and look at aerial views of the lakeshore there was almost total clear cutting and farmland in that area and if we observe from the lake or from the air what is going on now there has been tremendous conservation and so some of the restrictions that are out there seem to be without foundation. His group Ulysses Lakeshore Association was formed for one purpose only and that was to oppose lakeshore zoning proposal . Their membership now encompasses greater than 50% of all the lots . So Don Smith ' s letter which sites the gigantic percentages of people who are in favor of the zoning proposal cannot be true since over _50% are specifically aggregated to oppose . We feel that this is a problem that does not exists, that there has been considerable protection of the land, that we are engaged in conservation as it is, and that there is imposition on our property rights which is not warranted . Doris Houghton said we are part time residents on the lake . She was told that there is a house and dock that was built out past the natural shore that blocks the view. She would hope that when people from this group comes to the Zoning Board of Appeals that you give then the same leeway that this gentleman took without having to come to the Zoning Board. Ms. Thomas clarified that he did have to come to the Zoning Board . Doris Houghton said that is even better — then give the other people the same leeway . Ms . Thomas said that tentatively a public hearing was set for July 23 , 2013 to be held at the Racker Center but that has been cancelled. The Town Board discussed holding a Special Town Board meeting just to discuss the Lakeshore Zoning proposal . A special Town Board meeting is scheduled for July 11 , 2013 at 7p.m. Also if time allows they Board can discuss the Lakeshore Zoning at their Regular Town Board meeting July 9 , 2013 and if need be work on it at the July 23 , 2013 . The Board discussed a date for a public hearing . Ms . Thomas asked the Town Clerk to notify Tim Fallon, Bob Hesson and Bruce Fredericks of these meeting dates. Also the absent Town Board members . OLD BUSINESS Miniature Golf Development District — Potential Change of Zoning The Board discussed a zoning change for the current Development District of the Mini Golf Course. After speaking with Environmental Planner Darby Kiley, who has discussed this with Attorney Geldenhuys, the general consensus of the Board was to dissolve the development district and re-zone the parcel as Al . The Board ' s sentiment was to direct Attorney Geldenhuys 4: to prepare a Local Law that would dissolve the development district of the Mini Golf and rezone it to an Al District for the next Town Board meeting scheduled for July 9 , 2013 . The Board discussed other Development Districts that may need dissolving that are not used currently. Open Space Planning Ms . Thomas re-introduced and moved, seconded by Mr. Kerness the following: Whereas, the 2009 Comprehensive Plan Action Item # 1 . 1 A states that the Town should "Develop and implement an Open Space Plan to identify and protect open space in the Town;" and Whereas, the New York State Local Open Space Planning Guide provides the rationale, the process, the types of resources, and the tools for open space planning; and Whereas, the Planning Board has discussed the need to identify areas and mechanisms for protection and is willing do the work as the meeting schedule allows . NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Ulysses assigns to the Planning Board the task of initiating the development of an Open Space Plan . The Planning Board should first focus on critical areas for protection and recommend specific protection mechanisms, and outline additional steps needed for the development of a full plan. The Planning Board will provide monthly progress reports. Ms . Thomas aye Ms . Zahler aye Mr. Kerness aye Adopted Amicus Brief Ms. Thomas moved, seconded by Mr. Kerness the following : RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ULYSSES TO APPROVE BECOMING AN AMICUS CURIAE IN ACTIONS INVOLVING MUNICIPAL HOME RULE IN THE COURT OF APPEALS OF THE STATE OF NEW YORK WHEREAS , the Towns of Middlefield and Dryden have recently revised their zoning laws to prohibit heavy industrial uses (including natural gas drilling) in their communities and such laws were challenged in court by opponents claims that the Towns did not have the power to regulate natural gas drilling as a land use through zoning ; and WHEREAS, the Town of Ulysses filed an amicus curiae or "friend of the court " brief in both lawsuits in support of its sister Towns in order to reassert the right of each municipality throughout New York State to determine what land uses are appropriate in its community through municipal home rule law powers granted by the NYS Constitution and the NYS Municipal Home Rule Law; and WHEREAS , the Town of Ulysses organized a coalition of over 50 other municipalities from across the State to file these amicus curiae briefs in the Appellate Division, Third Department in 2012 ; and WHEREAS, the Appellate Division, Third Department , ruled in favor of the Towns of Dryden and Middlefield in the matters of Norse Energy Corporation USA v. Town of Dryden et al . , and Cooperstown Holstein Association v. Town of Middlefield ; and WHEREAS, the Norse Energy Corporation and the Cooperstown Holstein Association ( " Appellants " ) recently filed motions for leave to appeal each decision to the Court ofAppeals — the State's highest court; and WHEREAS , if the Appellants are granted leave to appeal to the Court of Appeals, the Town of Ulysses will seek leave to file amicus curiae brief(s) with the Court and will file such brief(s) if leave is granted; and WHEREAS, the Town of Ulysses is part of the municipal coalition supporting the Ulysses' amicus brief(s) to send a powerful statement to the Court of Appeals, the NYS Department of Environmental Conservation and the NYS Legislature about the importance of protecting municipal home rule in New York State and a Municipality ' s right to decide , for itself, whether natural gas drilling - or any other land use - is appropriate for its citizens . NOW, THEREFORE, BE IT RESOLVED THAT : 1 . The Town of Ulysses hereby determines that it is in the public interest of the citizens of the Town to support municipal home rule by being part of the amicus brief(s) being filed in the Court of Appeals by the Town of Ulysses and a coalition of municipalities from across the State . 2 . The Town Ulysses of Ulysses hereby authorizes and directs the Supervisor/Mayor to complete or cause to be completed any and all such further documents and papers in the name and on behalf of the Town/Village/City as the Supervisor/Mayor deems necessary or appropriate to carry into effect the foregoing resolution. 3 . The Town Clerk will promptly send a certified copy of this adopted resolution to the Supervisor. Ms . Thomas aye Ms. Zahler aye Mr. Kerness aye Adopted Personnel - Retirement Benefits At first the other two Board members wanted to table until the whole Board was available . Ms . Thomas felt that she had heard from the majority and should move forward . The Board discussed options for benefits for retirees coming up with three different scenarios and could not compromise on come up with just one to move forward on . The discussion was tabled. Water The board discussed the route that the Village of Trumansburg may take with their proposed new waterline and if there advantages to come up Taughannock Park Road or Falls Road . Ms . Thomas also announced that she is having Ms . Georgia put together a time that the Water Commission could meet and discuss the several inquaries about expansion of Water District #3 . The Board will be advised . NEW BUSINESS Work Plan for Town Board Ms . Thomas and Ms. Zahler had come up with a chart of projects that need to take place in the future and would like each Board member to review and decide what they may be able to take on as their own project or at least gather information . This can be returned to the Town Clerk and she can then update the chart. Privilege of Floor Tim Fallon Read the remainder of his statement Lawrence McCann Letter Read to Ulysses Town Board 6/25 / 13 — 2nd Privilege of Floor Cheryl and I are sorry that this issue has become so contentious . We have worked with Ulysses and Tompkins County without contention for years . We have volunteered much time to protect Ulysses and Tompkins County. But this zoning issue has crossed the line, in our eyes, and is unfair to taxpayers and treats residents/landowners in an unequal and asymmetrical way. Why is the Town Board in such a hurry, with so much still not properly done in the process? We sit here and watch as you clear the schedule for 7/9 and create a special meeting on 7/ 11 . This occurs after you told the many meeting attendees that you would not be discussing the issue any more tonight and they were free to go . Well they left, and now you have arranged two meetings in 3 days . This, after the Supervisors statement that the Public Hearing is a "misnomer" and you made it clear that you intend to complete the process before the Public Hearing and without critical citizen input from the Public Hearing . Again, this is done "under a rock", behind closed doors, without the taxpayers knowledge and consent. Look at the level of disappointment that has been created, by the way this has been handled, on the part of so many Ulysses constituents . We see the development of cynicism, as a result of this process, in our town. I consider myself a conservationist. I am a conservationist. So why do you think I am so against this process, which has transpired over the last few months, with respect to Zoning and Land Conservation? We feel this Preferential Spot Zoning has violated our rights as a taxpayer, citizen and resident. And we feel that the Ad Hoc Committee and Town Board are running roughshod over the proper procedures and our rights . Why are the majority of existing properties in the Lakeshore district non-compliant, thus in violation of the proposed new zoning laws? And why is grandfathering the assurance so often used by those pushing for restrictions upon other property owners? Why is the Town Board in such a hurry? We would appreciate a response from the Town Board in our remaining 3 minutes time . Lawrence McCann Cheryl Chalmers Executive Session BE IT RESOLVED that the Town Board of the Town of Ulysses moves to go into executive session to discuss matters related to the appointment, promotion, demotion, discipline, or removal of particular personnel . Ms . Thomas aye Ms . Zahler aye Mr. Kerness aye Adopted The meeting re-convened and the Board moved for adjournment. Unanimously approved . Respectfully submitted , 1 t Marsha L , Georgia Ulysses Town Clerk I I 1 • 1 1