HomeMy WebLinkAbout2013-08-20-RTB Town of Ulysses
Regular Town Board
August 20, 2013
Audio available at http ://www. ulysses .ny . us/council/tbmeetings/
Present : Supervisor Elizabeth Thomas ; Councilpersons Lucia Tyler, Nancy Zahler, David
Kerness ; Environmental Planner Darby Kiley, Deputy Town Clerk Patty Halloran and Attorney
Marlette Geldenhuys .
Absent : Councilman Kevin Romer and Highway Superintendent James Meeker
Others Present: Don Wilson, Andrew Rice, Lawrence McCann, Cheryl Chalmers, Richard
Krizek, Connie Evans, Mary Tutton, David Kline, Barbara Lewis, Doris Houghton, Pete
Houghton, Richard Evans, Nicholas & Maria Szabo, Carl & Barbara West, Betsy & Tim Fallon,
Anna & Heinz Riederer, Ken Avery, Greg Reynolds, Susan Ettinger, Burke Carson, Diane
Hillmann, Louise Terry, and Louis DiPietro,
Free Press Reporter
APPROVAL OF AGENDA
Ms . Thomas moved, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses excepts the agenda with
the addition of adjourning for executive session for the advice of Counsel and under Old
Business switch (a) and (b) and make the Non-Conformance Zoning (a) .
Ms. Thomas aye
Ms . Tyler aye
Ms . Zahler aye
Mr. Kerness aye
Adopted
APPROVAL OF CLAIMS
Ms . Thomas moved, seconded by Ms . Zahler the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previously
examined vouchers #303 through #354 in the amount of $ 50,404 . 52 .
Ms . Thomas aye
Ms . Tyler aye
Ms . Zahler 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 approve the minutes of
the Regular Town Board meeting of July 9, 2013 , the Special Town Board meeting of
July 11 , 2013 and Working Town Board meeting of July 23 , 2013 as edited.
Ms . Thomas aye
Ms. Tyler aye
Ms . Zahler aye
Mr. Kerness aye
Adopted
Regular Town Board Meeting 2
August 20, 2013
REPORTS OF REPRESENTATIVES no representatives in attendance.
PRIVILEGE OF THE FLOOR
Ms . Thomas announced that the Board will not be discussing the Lakeshore Zoning tonight. She
reviewed the guidelines for the public comment period and announced that each speaker will be
limited to 3 minutes .
Heinz Riederer asked when they could get some indication as to when they will get an answer to
the petition .
David Kline who owns the tractor repair shop on Route 96 said he would like to know why the
Board has let it get in the condition that it is in and what they are going to do about it. When this
property was rezoned the Town Board set up rules . It was sold September 2010(he went to
Florida) but continued to get phone calls, emails, and texts about the condition the property was
getting into .
Ms . Thomas said that this can be addressed when the Zoning report is made.
Greg Reynolds said no specifics have not been given as to why we need lake shore zoning and he
has many relatives that own property that seem to have a line drawn right around them. This
encompasses at least 5 parcels and feels like no one has reached out to have an active
conversation. Is the executive session tonight regarding an employee issue?
Ms . Thomas said that it is for advice from counsel .
Mr. Reynolds said then the public can attend.
Ms . Geldenhuys said no . A session for advice from counsel is covered by attorney client
privilege and therefore it is a closed session, allowable by State law.
Ms . Hillman said that she has been studying the report that the Town got from Marci about the
Jacksonville Church and she is wondering if any progress has been made in contacting Mobil
about the condition of it .
Ms . Thomas said she can talk to her about this .
Ms . Hillman said her concern is primarily because it is the 20th of August and she has real
concerns if that building is going to survive through the next winter and we have been talking
about this for the last three years .
Nicholas Szabo requested a copy of the Non Conformance Zoning changes .
There will be some copies provided tonight. They also will be on the web site and anyone can
ask the Town Clerk for a copy .
Doris Houghton said that she thought the Board had to provide a reason for executive session.
Ms . Geldenhuys said that a reason was provided and there are certain bases for executive
session. Executive session is not always attorney client privilege . It is permitted to have a
session with counsel for advice of counsel that does not have to meet any of the other specific
reasons for executive session under the "opens meeting law" . Ms . Geldenhuys said you do not
have to specify the specific reasons as we would for other issues . The Board can consult with
their attorney for advice of counsel .
Ms. Thomas closed the privilege of the floor.
TOWN REPORTS
Darby Kiley, Environmental Planner reported :
Planning Board
iv
Regular Town Board Meeting 3
August 20, 2013
On August 13th, the Planning Board reviewed and approved a 2-lot subdivision on
Dubois Rd, and began to review a sign request for an Allstate office on Trumansburg Rd
at the Maguire body shop .
BZA
On July 17th, the BZA granted an area variance for a 2-lot subdivision on Jacksonville Rd
where the front lot line did not meet the R1 requirements .
Other
Attended two workshops
( 1 ) Cornell Community Development Institute
(2) Planning and Zoning Summer School
Grants
( 1 ) TCAT applied for funding for their "What' s a Bus Stop" project to site and upgrade
passenger amenities . Supervisor Thomas signed a letter of support for the project, which
does not commit the town financially.
(2) With assistance from Cooperative Extension, the Town of Ithaca applied for funding
for a Multi-Municipal Residential Energy Efficiency Action Plan, which would include
funding to hire a consultant to research and develop an energy disclosure ordinance that
would mandate a home energy rating at the time of sale . Supervisor Thomas signed a
letter of support and a letter of commitment, which commits in-kind hours of staff time
and resources of up to $6,000 over the grant' s 18 month duration.
Ag Plan
The Town received the approval letter from NYS Department of Agriculture and Markets
Commissioner Darrel Aubertine . The letter outlines actions that the Town should
prioritize for implementation, and identifies zoning regulations and definitions that are
potentially in conflict with NYS Ag and Markets Law.
Highway Superintendent James Meeker not in attendance .
_Town Clerk Report Deputy Town Clerk Patty Halloran reported a total of $ 1583 . 50 was
collected the month of July of which $ 1035 . 81 was turned over to the Supervisor. Hunting
licenses became available for purchase Monday August 12th for the new season.
Code Enforcement Officer Alex Rachun not in attendance
Ms . Thomas said that the bridge on Seneca Road is coming along . An issue came up today on
the Waterburg Road Bridge that several residents in the area are opposed to the County' s
proposal to move the bridge up stream and widen it to two lanes . Mr. Rachun left a written
report for the Board .
Supervisor Thomas reported
• Previously distributed the monthly financial statement along with some budget
modifications .
Ms . Thomas moved, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following
budget modifications ;
A1320 . 4 Auditor CE increase $ 11 ,000 . 00
A915 . 3 Assigned Funds - Audit decrease $ 11 ,000 . 00
Regular Town Board Meeting 4
August 20, 2013
To move money from the reserve account to cover the expense of the 2013 outside audit.
A6326 . 4 Other Econ Oppty Programs increase $ 13 ,076 . 00
A917 Unassigned A Fund Balance decrease $ 13 ,076 . 00
To cover payment made out of funds received from HUD Grants monies refunded to the
town in 2012 and paid to Habitat for Humanity in 2013.
A7310 . 4 Youth Programs PS increase $3 ,987 . 00
A917 Unassigned A fund Balance decrease $3 ,987 . 00
To transfer funds from fund balance to cover increased Youth PS expense due to
expenditure of Tompkins Community Fund Grant of$3, 987. 00 received in 2012.
B 8090 . 4 Environmental Control increase $2, 781 . 10
B 1990 .4 Contingency decrease $2 ,781 . 10
To cover additional cost due to payment to Hydrilla Task Force.
B 9040 . 8 Worker' s Compensation increase $620 . 00
B 1990 .4 Contingency decrease $ 620 . 00
To cover additional cost of Worker 's Compensation.
DB9040 . 8 Worker' s Compensation increase $ 85 . 00
DB5110 .4 Highway Maintenance CEdecrease $ 85 . 00
To cover additional cost of Worker 's Compensation.
Ms . Thomas aye
Ms . Tyler aye
Ms . Zahler aye
Mr. Kerness aye
Adopted
• The Annual Water Quality Report for 2012 had some incorrect reads reported and the
County Health Department says this has to be resubmitted to the water customers along
with a letter notifying them. Ms . Thomas distributed a letter that has been approved by
the County Health Department. Ms . Thomas is waiting for Mr. Austic and Mr. Coogan
to update the Water Quality Report.
• Working on the Newsletter — due out in September
• If the Town wants to go ahead with billing for EMS the Village would need to have an
answer by September 20th. The Town would have to adopt their own rules for billing
under General Municipal Law and Town Law. Ms . Geldenhuys can prepare the
resolutions necessary. No word on the meeting to work on the EMS/Fire budget
• The Village Bookkeeper has been providing detailed information on the Village ' s budget
• Letter from John Brennan of Farmland Protection has encouraged the Town to appoint a
permanent Ag Advisory Committee to help with issues and help implement the plan.
• TCCOG launching a training session on effectively facilitate heated meetings .
• Went to meeting with the Tompkins County Animal Control — Ms . Thomas reviewed the
meeting .
Town Board Members and Committees
Ms. Zahler attended the Village of Trumansburg meeting last week where they summarized the
problems they are having with their Water Treatment Plant. Ms . Zahler explained. Ms . Zahler
asked about their new proposed waterline and they indicated that application had been submitted
to the State but just for permission to have their second water source at Taughannock Park. They
said they had not made a final decision on the route . The Youth Commission has met and their
movie nights are happening . Also Ms . Irish has given her notice that she will be retiring in
October. The Village also requested that the Town grant some authority to enable the Village
police to do law enforcement inside areas of the Town adjacent to the Village — a lot of questions
how this agreement could work. They have scheduled a meeting to talk about this that Ms.
Zahler will attend.
Regular Town Board Meeting 5
August 20, 2013
Ms. Tyler attended the TC Health Care Consortium and they are still finalizing hiring a new
executor director.
OLD BUSINESS
Nonconformance Zoning
Ms . Kiley, Environmental Planner For The Town Of Ulysses presented the updated Article XX-
Nonconformance. This presentation can be heard and a copy of on the web page at
http ://www.ulysses . ny.us/ under Current Issues and the MP3 version at
http ://www. ulysses .ny . us/council/tbmeetings/
This will again be worked on and discussed at the working meeting of August 27, 2013 .
Mini-Golf Development District
Attorney Geldenhuys explained that the DD# 11 will no longer be used for the specific use of a
min-golf course and it had to be decided by the Board which zone to re-zone this property to;
revert it to what it precious was or another zone . In previous discussions it had been express to
change it to Al Agricultural District. The language of the Local Law itself basically says
"Article XVI of the Zoning Law, entitled " Development Districts" , shall be amended by
deleting all provisions pertaining to Development District No . 11 and the Zoning Map referred
to in Article II of the Zoning Law shall be amended to include the property in the A- 1
Agricultural District. The bulk of the local law is the legal discretion of the piece of property
that will now revert to the Al District. Once the Board is satisfied with the language of the
Local Law a public hearing can be scheduled.
The Board discussed different dates .
NEW BUSINESS
Appointment of Youth Commission Member
Ms. Zahler moved, seconded by Ms . Tyler the following
BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Andrea
Murray to fill the vacant seat on the Trumansburg/Ulysses Joint Youth Commission.
Ms . Thomas aye
Ms . Tyler aye
Ms. Zahler aye
Mr. Kerness aye
Adopted
Appointment to Planning Board
Ms . Thomas moves, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Brian Cutler to
the vacant seat on the Town of Ulysses Planning Board to fill out the term expiring
December 2017 for Peter Fry who has stepped down from this position.
Ms. Thomas aye
Ms . Tyler aye
Ms . Zahler aye
Mr. Kerness aye
Adopted
Regular Town Board Meeting 6
August 20, 2013
Broad Band Contribution
Ms . Thomas reviewed the history of the funding for Broadband . The County and Clarity Connect
were granted funds to bring broadband to the entire county. Unfortunately not all the funds were
awarded. Out of the $2 million+, we are short around $ 180,000 . Polls for the wireless system
will be installed fairly soon (this fall) and in order to ensure all the polls are installed at once
(more cost effective), each municipality is being asked to contribute $ 6 ,000 to make up part of
the difference . Clarity Connect and the County are looking into other avenues for acquiring the
remaining funds . Cayuga Heights, Danby, Caroline and Lansing have already committed funds . I
am introducing the following resolution on this subject:
Ms . Thomas introduced and moved, seconded by Mr. Kerness the following :
WHEREAS access to high-speed broadband Internet service is regarded as a basic
infrastructure necessity of the 21S` century, providing a means of access to information
and communication for citizens and businesses that is used by a growing percentage of
the world ' s population, and
WHEREAS broadband Internet access serves the public interest in that it is increasingly a
requirement for: the provision of government services, for small , locally-owned
businesses to be able to compete, for sustainable economic development and commerce,
education at all levels, health care, and whereas a lack of access to broadband Internet
service may adversely impact property values, and
WHEREAS , for all of the reasons cited above, the Tompkins County Broadband
Initiative ' s goal was to provide the opportunity for broadband access to all households
and businesses throughout Tompkins County , and
WHEREAS a grant proposal submitted by Clarity Connect to the State proposed
coverage for all the un-served and underserved areas in Tompkins County and was
supported by both the Tompkins County Legislature and all towns without universal
broadband access, and
WHEREAS Clarity Connect received generous but not full funding from the State
granting agency to build a broadband distribution system to many of the unserved and
underserved households in Tompkins County , and
WHEREAS the shortfall in funds for installing poles to accommodate the wireless system
was $42,000 and an additional estimated $ 165 ,000 in transmitters and extra equipment
costs, and
WHEREAS in order for all of Tompkins County to achieve universal broadband access
for all the residents intended to be covered by this grant, rural municipalities are being
asked to contribute a total of $6,000 and
WHEREAS additional funds will be raised through donations and future grants .
THEREFORE BE IT RESOLVED that the Town of Ulysses will contribute $6,000 to the
effort of bringing universal broadband to all of Tompkins County, and
RESOLVED that the Town Clerk will send a copy of this resolution to Chuck Bartosh,
owner of Clarity Connect and Michelle; Pottorff, the Clerk of the Tompkins County
Council of Governments and cc the Town Supervisor.
Ms . Thomas aye
Ms . Tyler aye
Ms . Zahler aye
Mr. Kerness aye
Adopted
Regular Town Board Meeting 7
August 20, 2013
PRIVILEGE OF THE FLOOR
Peter Houghton, P.E.
Mr. Houghton presented the following to the Town Board in writing on August 24, 2013 which
represents his statement at this meeting :
SECTION 9 . 8 . 1 . 3 WATER RIGHTS
This paper is a summary of the remarks made at a regular meeting of the Ulysses Town Board on
August 20 , 2013 . The Board held three meetings in July , 2013 (7/9 , 7/ 11 and 7/23 ) during which
time they reviewed and deliberated on various sections of the proposed Lakeshore Zoning
District draft. Section 9 . 8 . 1 . 3 of that draft is titled " Water Rights" . During the July review
meetings ; there was little Board discussion on this section.
My review of this section has found several technical and procedural issues . The primary issue is
that the section stipulates and imposes a singular land surveying method to be used throughout
the Town of Ulysses in determining individual property owners' water rights . I have concluded
that this section is arbitrary, unreasonable , inadequately researched and likely to be the subject of
court actions if it is adopted by the Town of Ulysses .
As background information, there are several methods accepted by NYS courts that are used by
licensed land surveyors in establishing waterfront property lines. Some of these methods are the
Long Lake Method, Round Lake Method, Cove Method, Shoreline Method, Colonial Method
and Area Apportionment Method . This partial list demonstrates that a singular method is not
used in all situations .
In conflict with accepted surveying practice, the proposed Town of Ulysses Ordinance stipulates
and imposes a singular surveying method . The opening sentence under proposed section 9 . 8 . 1 . 3
states " Water rights are determined using the following method to define the default water
right line "
The section goes on to describe the computational procedure to be used and includes a sample
sketch of the procedure . Although not named in the section, the procedure appears to be the
Colonial Method.
In my engineering experience, I have always found it helpful , when undertaking a new task, to
determine the current and past practice of the experienced professionals that perform that task.
The T . G. Miller PC Engineers and Surveyors firm has been active in Tompkins County for over
60 years . Prior to the mid 1950' s, the firm was Crandall and Miller. Carl Crandall began his land
surveying career in 1911 , so the archives of the Miller firm has over 100 years of local surveying
past practice .
Al Fulkerson was associated with the T . G . Miller firm for nearly 40 years . He is a NYS licensed
land surveyor. He became the principal surveyor for the Miller firm and was also a managing
partner of the firm . In discussions with him, he advised that he has performed dozens of property
surveys along the west shore of Cayuga Lake . He used the Long Lake Method in the vast
majority of waterfront surveys. He did use the Cove Method upon occasion where conditions
warranted. He said it was required of him as a licensed surveyor to select the appropriate method
in view of each property' s upland configuration with respect to the shoreline . He stated that it
was incumbent upon any surveyor to insure that the method used provided for equitable rights
with adjoining properties and that the method was accepted by the courts . Through his training
and years of experience, he knew that one waterfront surveying method cannot be applied in all
situations .
A second issue with the proposed Colonial Method is that the method bases all the water rights
angle computations from starting points between the upland property lines and the Mean High
Regular Town Board Meeting 8
August 20, 2013
Water Elevation. In the case of Cayuga Lake, the upland owner has property rights on the lake
bottom to the mean low water level . . .not the high water level . The NYS Canal Division Rule
Curve for Cayuga Lake shows nearly a five foot elevation difference between the high water and
low water levels on Cayuga Lake . In waterfront settings where there is a gradually sloping or
shallow lake bottom, the upland property ownership rights to the low water level has a
substantial impact in establishing water rights lines .
Another issue with imposing the Colonial Method for all waterfront surveys is significant extra
cost to the landowner. In order for a surveyor to establish the Colonial Method computational
points, the surveyor must establish the waterfront property lines on each side of the intended
parcel in order to compute the bisected angles . Essentially, three parcels will have to be
researched and surveyed in order to compute the lines . This additional work will greatly increase
the cost of a parcel survey .
It is evident from the above that the imposition of a singular waterfront surveying method is
arbitrary and without basis or justification. The determination of lakeshore property boundaries
and water rights should be made by trained, experienced, licensed professional land surveyors,
not a Town Board. Section 9 . 8 . 1 . 3 needs to be deleted from the proposed ordinance .
Diane Hillman wanted to alert people that there has been rash of thefts in unlocked cars in
Jacksonville and the surrounding area. Ms . Hillman said she is trying to get the word out and
thought that the Town may want to mention it in their newsletter.
Heinz Riederer said he is looking at the Non-Conformance draft that was presented and he has
many questions . Suggested that the Board have a public information meeting before going
forward to address questions .
Greg Reynolds thanked Ms . Kiley for her excellent work. He feels that there are some that feel
the regulations may keep them from getting the values out of their property .
Ms . Thomas moved, seconded by Ms . Zahler to adjourn to executive session for the advice of
counsel at 8 : 50 PM. Unanimously approved.
The Town Board re-convened the meeting 10 PM and adjourned the meeting at 10 : O1PM.
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk