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HomeMy WebLinkAbout2013-07-09-RTB Town of Ulysses Regular Town Board Meeting July 9, 2013 Audio available at http ://www. ulysses .ny. us/council/tbmeetings/ Present: Supervisor Elizabeth Thomas ; Councilpersons Lucia Tyler, Nancy Zahler, David Kerness, and Kevin Romer; Environmental Planner Darby Kiley; Highway Superintendent ii James Meeker; Town Clerk; Marsha Georgia; and Attorney Mariette Geldenhuys . ,: . . Others Present : Ken Zeserson, Don Smith, Bruce Fredericks, Frank and Gail Flannery, Tim and Betsy Fallon, Barbara Lewis, Ken Avery, Heinz Riederer, Mary Shelly, Barbara Anger, Diane Hillman, Nancy Cool, Lawrence McCann, Rod Hawkes, and Louis DiPietro, Free Press Reporter APPROVAL OF AGENDA Ms . Zahler moved, seconded by Ms . Thomas to approve the agenda as presented. Unanimously approved APPROVAL OF CLAIMS Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previously examined vouchers #253 through 287 in the amount of $ 16,966 . 78 . Ms . Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Mr. Romer aye ' Adopted APPROVED MINUTES Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Working Town Board meeting of June 25 , 2013 as edited. Ms . Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Mr. Romer aye Adopted REPORTS OF REPRESENTATIVES no representatives in attendance PRIVILEGE OF FLOOR IfMs. Thomas reviewed the guidelines for the public comment period . Gail Flannery has concerns about the grandfathering clauses and feels that it is poorly written. Also concerned about the 250 ' lake frontage . Frank Flannery spoke about the survey that was distributed and that he did not respond. He asks why the Town does not prepare their own survey and see who wants these changes . His neighbors in the Town of Ithaca are very unhappy with their lakeshore zoning. Regular Town Board 2 July 9, 2013 Ken Zeserson spoke about the July letter that was sent to lakeshore residents and the misinformation in that letter. Mary Shelly spoke in support of the Ulysses proposed Lakeshore Zoning, but felt that grandfathering should be clarified. Nancy Cool received the letter in July and was upset but it forced her to read the proposed lakeshore zoning which clarified things to her. ia Bruce Fredericks To : Ulysses Town Board From : Bruce Fredericks, President, West Shore Homeowners Association A recent ULA letter challenged the credibility of WSHA and our involvement with Lakeshore Zoning efforts, largely through inappropriate personal attacks , incorrect statements of actions and the credibility of the WSHA mailing list . The personal attacks involved misleading and incorrect statements . I do not want to get into the specifics and hope these attacks do not continue . The WSHA is totally open and inclusive . Our mailing list attempts to reach all West Shore Homeowners living in both the Town of Ithaca and the Town of Ulysses Currently, there are 56 properties that are paid members and 220 individuals on our mailing list. The mail list contains many duplicates because both husband and wife have requested they be included and yes, it even includes several that passed away without our knowledge . We also reach all homeowners periodically with hard copy notifications . We commonly conduct surveys of lakeshore residents to understand how they feel about numerous subjects , including lakeshore zoning. All surveys go to everyone on our mailing list. We have concentrated on dealing with issues of common interest to all lakeshore property owners including : Successfully securing a roll-back of all Town of Ulysses property taxes in 1999 . This reduced average taxes by 8% . Key role in reducing Garbage Trucks traffic on Route 89 by 50% . Very active in the Stop Hydrilla, and Hydrilla Hunter program . Sponsored Hemlock Wooly Adeglid treatment option briefings to lakeshore residents . Supporting efforts to address Trumansburg Sewage Dumping into Cayuga Lake Key role in the successful funding and development of the Black Diamond Trail Negotiating for Propane and Fuel Oil pricing to provide significant cost reductions Lobbying DOT regarding unsafe Route 89 Ditches And yes . . . . informing homeowners and conducting surveys of Lakeshore Zoning efforts . We are not a one issue organization and our history of accomplishments speaks to the issue of WSHA's credibility. Based on the input of the west shore homeowners, we support the Town Board's effort to revise lakeshore zoning and will continue to provide suggestions on how the draft can be improved. Tim Fallon To the Ulysses Town Board : We continue to thank you for your service. As citizens have shared input with you. It feels like the input is received and that is the end. Where is the deliberation of the many concerns that have been brought forth by the ULA members? Will there be any deliberation on the concerns presented at the last Town Board meeting? Will we be allowed a reasonable time for each concerned citizen to air his or her views on this onerous zoning proposal? ii Regular Town Board 3 July 9, 2013 The Westshore Homeowners Group is well intentioned but the information they put out is not accurate . They did a survey but we asked the Town to do a new survey. The membership list they provided is more inaccurate then accurate. We have brought issues forward, they are received, but there is just no deliberation, are we frustrated, you bet, do we think the process is flawed; yes right from the beginning . Heinz Riederer had a question he addressed to the Board. Mr . Fredericks stated that there are 56 paid members in the Westshore Association; he did not indicated if they are in the F • Town of Ulysses or Town of Ithaca. He would like that clarified. He would like to draw the Board' s attention to page 9 of the minutes of June 25th ; it shows all his recommendations to the Board relative to 4 or 5 issues . He would like the Board to address these issues . Don Smith My name is Don Smith, 1329 Taughannock Blvd. I am speaking as an individual that has worked to revise the Lakeshore Zoning so it better serves the lakeshore property owners . I am 1 of 12 members of the West Shore Homeowner' s Executive Committee . Thanks to the Town Board for your hard work on this important subject that has been in process for over five years . Many of the ULA' s statements are inappropriate, inflammatory and wrong . The silent majority of lakeshore property owners want you to pass the Lakeshore Zoning . . .with some to-be-defined changes . A 2007 survey of Ulysses lakeshore property owners showed that 91 % of the respondents want the Town to regulate docks and buoys . 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 . These surveys were given to all lakeshore residents . The advantages of the proposed draft to lakeshore property owners include : The current lakeshore zoning, primarily administered by the Army Corps of Engineers, 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 ft . 2 and has a 50 ft. extension that may interfere with your access . This neighbor can also build, without a pre-construction permit, a 900 ft2 boat hoist with a second floor and a tall roof that may interfere with your view. There are no restrictions to bright lights on docks, even if they stay on all night. Your neighbor can even open a for-profit business for dock rental and boat launching. The proposed Ad Hoc draft, with a pre-construction permit, permits up to a 100 ft. dock to reach an end-of-dock depth of 6 ft. The dock may be up to 700 ft2 . The boat hoist can be up to 450 ft2 but cannot have a second story or tall roof Since your water rights are clearly defined, your rights will not be restricted . Bright dock lights and for-profit dock/buoy rental will not be permitted . Your neighbor cannot clear cut their trees and extensively excavate the steep gorges. The plan is for the Ithaca Yacht Club to become a Marina District that will ensure this unique and special asset continues as a community resource rather than a hotel or other bad option. The plan is for the Girl Scout camp, with its . 67 mile water front, to be a Park/Recreation District that helps ensure the property continues as is . The grandfather clause will protect all existing property owners . lipWith this zoning in place, there is the potential for public water and gas . The Town Board has posted a very informative and factually accurate Lakeshore FAQ on the homepage of their website . Barbara Anger supports Lakeshore Zoning; we are not only appreciative of the lake but stewards of the lake . It is a water supply, a recreation area for the community. She thinks we have to keep it pristine and well maintained as we can in order that everybody can enjoy it. Regular Town Board 4 July 9, 2013 TOWN REPORTS PLANNING BOARD / ZONING BOARD - Environmental Planner Darby Kiley submitted the following report : Planning Board On June 18th, the Planning Board reviewed and approved a temporary barbeque stand in the ShurSave parking lot, which will operate during the day from Thursday through Sunda until October. On June 18th and July 2" , the Planning Board continued to discuss how to move forward with an open space plan. BZA On June 19, the BZA granted an area variance to allow an eight foot high fence close to the property line on Kraft Rd. Ad Hoc Zoning Committee The Committee finalized recommendations June 13th, which were presented to the Town Board on June 25 . Other Nonconforming clause — in revision and proposed language expands from 1 page to 4 pages and better defines nonconforming structures/buildings verses uses . Jacksonville — making progress on comments from Jacksonville Community Association. Highway Superintendent James Meeker reported the activities that the Highway Department completed. Town Clerk Marsha Georgia reported that she has been continuing researching the town ' s local laws, indexing them and putting them on the web site . Total fees collected for June was $ 1520 . Breakdown : Total to Supervisor $ 971 . 04 which is $ 18 . 54 local fees for Conservation and $ 805 local fees for Dogs : $74 . to NYS Ag & Markets, $317 . 46 to NYS Conservation and $ 157 . 50 to NYS Health Department. Code Enforcement Officer Alex Rachun was not in attendance . Supervisor Elizabeth Thomas reported: • the Town Historians are in place and the Village Board appointed Michele as their historian and John as deputy • The Amicus Brief is being worked on by Marci and resolutions are coming in 11 passed and 32 confirmed on their July agendas • New Court Clerk • Town Hall has been re-keyed • Water Committee meeting on July 17th at 10 a. m . • At TCCOG there was a presentation from Cleaner Greener Community grants from the State. • Tompkins County Animal Control the group would like to put out an RFP for one enumerator for all towns to use . • Presentation on Affordable Care Act. • Update on the Broadband Grant — somewhat sort of funds . Town Board Members and Committees Ms. Tyler said that the EMC meets this Thursday . Ms. Zahler reported: • Had first joint meeting with our two historians and Mayor Petrovic . The outcome of that is there are two products one being an inventory or information of where to go for what you may need to be shared on our web site ; the second thing that was asked of them is to create a work plan. • At the Village of Trumansburg meeting the historians were introduced and Michele was appointed Village Historian with a $500 stipend and John was appointed Village Deputy Historian 2 Regular Town Board 5 July 9, 2013 • The Village has hired two of the Ulysses summer youth workers, which they are very pleased with. • The Village reported that the process is moving along to create a second water source and is interested in having the Village coordinate with the Town • copy received of the village monthly EMS report • met with Anita Fitzpatrick to discuss retirees benefits OLD BUSINESS Development Districts Changes to Zoning At the last Board meeting councilmembers discussed changing the Miniature Golf Development District to A 1 zoning . Ms . Thomas would like to see if this can be ready to discuss at the July 23 "I meeting . Ms . Geldenhuys will prepare the draft. The Board discussed the changes . Lakeshore and Conservation Zoning The Board reviewed the proposed draft of the Lakeshore Zoning that is available on the web site dated June 14, 2013 . There were comments and some changes were made . The draft will be revised for the July 11 , 2013 meeting . The audio can be heard at http : //www. ulysses .ny. us/council/tbmeetings/ Resolution Requesting the Cayuga Power Plant Convert To Renewable Energy Sources Ms . Thomas introduced a resolution requesting that the Cayuga Power Plant not be repowered with natural gas but instead provide energy through renewable sources . The board discussed the resolution and had changes . At this time the resolution was tabled and will be updated and presented at a different time. TSSERR Resolutions Ms . Zahler moved, seconded by Ms . Tyler the following resolution : Authorization for the Town Clerk to Enter into a 5 -Year Agreement with Tompkins County for the Tompkins Shared Services Electronic Records Repository (TSSERR) Whereas Tompkins County has initiated and secured grants for the Tompkins County Shared Services Electronic Records Repository (TSSERR) which is a shared service hosted by the County and made available to all municipalities within the County and Whereas the Town Board supported the grant application for TSSERR in 2013 and Whereas the participating members of the TSSERR have drafted a set of By-Laws and a Group Agreement which have been presented to its members and the Tompkins County Operations Committee and Whereas the Town Clerk has presented and discussed the TSSERR agreement and by- laws with the Town Board Now therefore be it Resolved that the Town Board does hereby authorize the Town Clerk to enter into the Tompkins County Shared Services Electronic Records Repository Group Agreement on behalf of the Town subject to the approval of the Attorney for the Town. Ms . Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Regular Town Board 6 July 9, 2013 Mr. Romer aye Adopted Ms . Zahler moved, seconded by Mr. Kerness the following : Support for the Tompkins County Clerk' s Application for Funding from the New York State Consolidated Funding Application for Shared Services under the Local Government Efficiency Grant Whereas the Tompkins County Clerk ' s Office intends to apply for funding through the New York State Consolidated Funding Application (CFA) for monies to continue its efforts to increase efficiencies in local services delivery of services and through shared services and support related to records management systems and Whereas the Town Board has supported the County Clerk' s Office in previous funding applications and looks forward to future opportunities for shared services and Intermunicipal cooperation which result in savings for its constituents and Whereas the Town anticipates cooperating with and joining in future shared services offered and/or supported by the County whenever feasible . Now therefore be it Resolved that the Town Board does hereby fully support the Tompkins County Clerk' s Office in its pursuit and application for funding for shared services through a Local Government Efficiency Grant Ms . Thomas aye Ms . Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted Privilege of Floor Heinz Riederer spoke with Mr. Fredericks of the Westshore Association and he said he would provide, by email, the number of paid members who reside in the Town of Ulysses . Mr. Riederer asked if the Board would allow privilege of the floor at the Special Town Board meeting on July 11 , 2013 . Ms . Zahler moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses will allow a 10 minute comment period at the end of the meeting on July 11 , 2013 . Ms . Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Mr. Romer abstained Adopted Tim Fallon Mr. Fallon expressed continued concern that the community been shut out of the Lakeshore zoning process . He feels there are disagreements of the facts . The ULA continues to seek a J • Regular Town Board 7 July 9, 2013 fairly presented survey done by the Town as a sensible way to determine what lake properties owners want. Lawrence McCann supports the recommendation of a professional survey that may answer some of the questions and concerns . Mr. McCann said that there is a restriction to everything that he and his wife would like to do on their lake property . He asked for more detail analysis of what areas are steep and what areas are not. He is concerned about properties that do not adjoin the lake being treated differently than those that do . iiHearing no further business Ms . Zahler moved, seconded by Mr. Romer to adjourn the meeting . Unanimously approved ; meeting adjourned at 9 : 55 p .m . Respectfully submitted, Marsha L . Georgia Ulysses Town Clerk • 1 1