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HomeMy WebLinkAbout2013-09-10-RTBTOWN OF ULYSSES REGULAR TOWN BOARD MEETING September 10, 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 James Meeker; Town Clerk; Marsha Georgia; and Attorney Mariette Geldenhuys. Others Present: Doug Dahl, Cheryl Fletcher, Margaret Burlew, Nancy Cool, Nicholas Szabo, Louise Terry, Larry and Jan Avery, Tim Fallon, George Brauhaus, Rod Hawkes, Joel Podkaminer, Gail Flannery, Lawrence McCann, Diane Hillman and Free Press reporter Louis DiPietro. Supervisor Thomas called the meeting to order at 7 PM APPROVAL OF MEETING AGENDA Ms. Thomas moved, seconded by Ms. Zahler the following: BE IT RESOLVED that the Town Board of the Town of Ulysses amend the agenda to add the Personnel Policy in New Business. Ms. Tyler feels like she needs more data on the proposed personnel policy and would like to meet for the advice of counsel. Ms. Thomas aye Ms. Tyler nay Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted APPROVAL OF CLAIMS Ms. Thomas moved, seconded by Mr. Kerness the following: BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers #'s 355 through 385 in the amount of $21,867.80. Ms. Thomas aye Ms. Tyler aye Ms. Zahler aye Mr. Kerness aye Regular Town Board Meeting 2 September 10, 2013 Mr. Romer aye Adopted APPROVAL OF MINUTES: 8/20,8/27 The minutes of the Working Meeting of 8/27/2013 were tabled. 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 August 20, 2013 as corrected. Ms. Thomas aye Ms. Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer abstained Adopted REPORTS OF REPRESENTATIVES none in attendance PRIVILEGE OF THE FLOOR Doug Dahl said he is here tonight to be an informal spokesman for the Willow Creek Association and to address the rash of burglaries and break-ins they have been having in the neighborhood this spring and last winter. He said he was asked to come and put in a request for the Town Board to ask for more patrols by the Sheriff Department or State Troopers. He has contacted the Sheriff's office and asked for other creative ideas. What he would like to request is that this topic be on the Town Board's agenda for a more organized proposal to come from our group as to what we need and what they can do and what the Town Board may do to accomplish that? One of the prime issues is that there is no way to know when there has been a break-in in the neighborhood. This has been one of his requests to the Sheriff to be able to have this information. Ms. Thomas asked for Mr. Dahl's contact information. Ms. Thomas said that it is a town -wide concern. Diane Hillman said that in Jacksonville there is a place where people have been reporting their break-ins and has been very helpful. Ms. Hillman asked about any progress on the Jacksonville Church. Ms. Thomas said that she will include the Jacksonville Church under the Supervisor report. TOWN REPORTS Regular Town Board Meeting 3 September 10, 2013 PLANNING BOARD / ZONING OFFICER Environmental Planner Darby Kiley gave the following report: Planning Board On September 3rd, the Planning Board continued (1) to review a sign request for an Allstate office on Trumansburg Rd at the Maguire body shop; and (2) to discuss the Open Space Plan criteria. BZA No August meeting Stormwater Coalition of Tompkins County Meeting of August 21, 2013 focused on funding/budget and education/training. Resources recently acquired: Green Infrastructure Guide (electronic format); training videos on non- stormwater discharges and municipal housekeeping. ITCTC Meeting of September 3, 2013 focused on the updated Urbanized Area Boundary (only a very small portion of Iradell Rd in Ulysses is included), and updates on the Long Range Transportation Plan. The Metropolitan Planning Organization (MPO) compiled a Fact Sheet on the MPO structure, program, and funding. New bike maps are available. HIGHWAY SUPERINTENDENT James Meeker reported the activities for the Highway Department for August. The Seneca Road Bridge is finished and Mr. Meeker shared photos of the project from start to finish. TOWN CLERK Marsha Georgia reported that $4,875.00 was collected for the month of August and $1,155.00 was turned over to the Supervisor with her monthly report. The fees to the Supervisor break down to $303.55 for marriage and conservation fees, $725.00 for dog fees, $125 for a plumbing permit for a water hookup and $2.00 for fees collected for "request for information". The office is busy with the hunters coming in for their "deer management permits" and has been busy getting the address files updated for the mailing of the newsletter. CODE ENFORCEMENT OFFICER Mr. Rachun was not in attendance but he left a written report for the Board. SUPERVISOR Thomas reported: • Worked on the newsletter with Ms. Zahler — approved today and should be mailed by the end of the week Included contact information for both Willow Creek and Jacksonville for the purpose of neighbor to neighbor contact to Ms. Zahler about break-ins The budget requests have gone out to the department heads — due back September 20th Regular Town Board Meeting 4 September 10, 2013 Old Jacksonville church — John Wertis (new Town Historian) has been digging into information new and old and is also looking for more information from the NYS Parks and Historical Preservation. Mr. Wertis, Ms. Zahler and Ms. Thomas are working on a plan as to how to move forward. Mr. Wertis is very interested. TOWN BOARD MEMBERS/COMMITTEES Ms. Zahler reported: • Village Board did not meet this week no updates on the water district or waste water treatment issues • Attended Chamber of Commerce luncheon meeting • Spoke briefly with the Sheriff and he is willing to come to a meeting and did make a request through email for more patrols, his resources are pretty constrained Ms. Tyler reported that the EMC and Healthcare meet next week. OLD BUSINESS The Board reviewed the SEQR application to change zoning of Development District 11 (miniature golf) to be part of the A1 -Agricultural District. Ms. Thomas moved, seconded the following resolution: RESOLUTION OF THE ULYSSES TOWN BOARD MAKING SEQR DETERMINATION FOR LOCAL LAW NO.1 OF 2013 AMENDMENT OF THE TOWN OF ULYSSES ZONING LAW WHEREAS, this action is the adoption of a Local Law to amend the Town of Ulysses Zoning Law to rezone part of Tax Parcel Number 20.-3-9.21, located at 1966 Trumansburg Road, from Develop District Number 11 to AI -Agricultural District; and WHEREAS, this is an unlisted action for which the Town of Ulysses Town Board is acting in an uncoordinated environmental review with respect to the enactment of the proposed local law; and WHEREAS, a public hearing on the proposed amendment of the Zoning Law was held on September 10, 2013, and notice of such hearing was published in the Ithaca Journal, the official newspaper of the Town and a newspaper of general circulation, on August 31, 2013, more than 10 days before the date of the public hearing; and WHEREAS, the Town Board, at a public meeting held on September 10, 2013, has reviewed and accepted as adequate the Long Environmental Assessment Form (LEAF), Parts I and II for this action; NOW, THEREFORE, IT IS HEREBY Regular Town Board Meeting 5 September 10, 2013 RESOLVED that the Town of Ulysses Town Board hereby makes a negative determination of environmental significance, in this uncoordinated environmental review, in accordance with New York State Environmental Quality Review Act for the above referenced action as proposed based on the information in the LEAF Part I and for the reasons set forth in the LEAF Part 11, and, therefore, an Environmental Impact Statement will not be required. Ms. Thomas aye Ms. Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted Ms. Thomas moved, seconded by Ms. Tyler the following: RESOLUTION OF THE ULYSSES TOWN BOARD APPROVING LOCAL LAW # 1 OF 2013 AMENDMENT OF THE TOWN OF ULYSSES ZONING LAW WHEREAS, the Ulysses Town Board ("the Town Board") adopted a Comprehensive Plan for the Town on September 28, 2009; and WHEREAS, the Town Board adopted Local Law no. 4 of 2007 on November 28, 2007, which amended the Zoning Law of the Town of Ulysses previously adopted on August 30, 2005; and WHEREAS, by resolution dated and adopted March 11, 2008, the Town Board amended the Zoning Law to establish Development District No. 11 in the area described in the said resolution; and WHEREAS, the Town Board has determined that it is in the best interest of the Town and its residents to amend the Zoning Law so that the area currently forming Development District No. 11 will be rezoned to become part of the A-1 Agricultural District, as described in Article V of the Zoning Law, that such amendment is necessary to promote the public health and safety of the residents of the Town, and that such amendment provides for responsible land use and development consistent with the Comprehensive Plan; and WHEREAS, the Town Board performed environmental review of the proposed amendment of the Zoning Law pursuant to the provisions of SEQR, issued findings and adopted a Negative Declaration under SEQR on September 10, 2013; and WHEREAS, on August 16, 2013, the Town submitted to the Tompkins County Planning Department a full statement of the proposed amendment of the Town Zoning Law pursuant to General Municipal Law §239(1) and (m); and Regular Town Board Meeting 6 September 10, 2013 WHEREAS, the Tompkins County Planning Department sent a response on August 22, 2013 and did not object to this Local Law, and no protest petition objecting the this Local Law has been received by the Town Board, and a supermajority (majority plus one vote) is therefore not needed for passage of this Local Law by the Town Board; and WHEREAS, a public hearing on the proposed amendment of the Zoning Law was held on September 10, 2013, and notice of such hearing was published in the Ithaca Journal, the official newspaper of the Town and a newspaper of general circulation, on August 31, 2013, more than 10 days before the date of the public hearing; and WHEREAS, it is in the best interests of the Town and its residents to amend the Town Zoning Law to provide for responsible land use and development consistent with the Comprehensive Plan; NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town Board of the Town of Ulysses hereby adopts Local Law No. 1 of 2013, to be effective upon filing with the New York State Secretary of State as required by law. TOWN OF ULYSSES, NEW YORK LOCAL LAW NO. 1 OF THE YEAR 2013 A Local Law to Amend the Town of Ulysses Zoning Law ("the Zoning Law") SECTION 1. Article XVI of the Zoning Law, entitled "Development Districts", shall be amended by deleting all provisions pertaining to Development District No. 11. SECTION 2. The Zoning Map referred to in Article II of the Zoning Law shall be amended to include the property described below in the A-1 Agricultural District: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, County of Tompkins, and State ofNew York, and being part of Military Lot Nos. 8 and 14 in said Town, more particularly bounded and described as follows: BEGINNING at a point in the southwesterly line ofNew York State Route 96 (Ithaca- Trumansburg Turnpike), said point being located South 61'15' 35" West a distance of approximately 33 feet from a point in the center line of said New York State Route 96 that is located northwesterly measured along said center line a tie measurement of, 731.66 feet, more or less, from the point of intersection of said center line with the center line of Cold Springs Road; Regular Town Board Meeting 7 September 10, 2013 Thence South 61° 15'3 5 " West (passing through apoint marked by an iron pin at 9 feet and through a point marked by another iron pin at an additional 531.60 feet) a total distance of approximately 578.10 feet to a point that is on the "approx. location zoning boundary" as labeled on a survey map entitled "SURVEY MAP SHOWING LANDS OF DAYID G. KLINE LOCATED ON NYS RTE. 96, TOWN OF ULYSSES, TOMPKINS COUNTY, NEW YORK" completed by T.G. Miller, P.C., Engineers & Surveyors, dated 5/21107; Thence in a northwesterly direction on a line labeled "approx. location zoning boundary" on the aforementioned map, said line being parallel with the southwesterly line of said New York State Route 96 a distance of approximately 1,237.5 feet to a point marked by an iron pin at the northwesterly comer of premises of Kline and being located in the southerly boundary line of premises reputedly owned by Stover as shown by instrument recorded in the Tompkins County Clerk's Office as Instrument No. 1146394-001; Thence South 86° 21' 38" East (passing through apoint marked by an iron pin at 716.80 feet) a total distance of 733.72 to a point in the southwesterly highway line of said New York State Route 96; Thence South 34° 34' 17" East along the southwesterly highway line of New York State Route 96 a distance of 845.77 feet to the point and place of beginning, being that portion of Parcel A on the above referenced survey maps that was formerly located in Development District No. 5 as shown on the aforementioned survey map. SECTION 3. This local law shall take effect upon filing with the Secretary of State. Ms. Thomas aye Ms. Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted NON-CONFORMANCE ZONING Ms. Thomas said that the Board heard some good comments tonight at the Public Information meeting. The language needs to be finalized before the Board goes to a public hearing. The Board discussed and made revisions and do agree that the language is finalized at this point to go forward with the public hearing. (Changes can be made after the public hearing.) Mr. Brauhaus asked for clarification of height of building allowed and also commented about stream buffers and the definition of streams. Regular Town Board Meeting 8 September 10, 2013 Ms. Thomas moved, seconded by Ms. Tyler the following: BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the proposed zoning amendment to change Article XX: Non-conformance of the Ulysses Zoning Law and sets the Public Hearing to be held at the Ulysses Historical Society located at 39 South St. Trumansburg, NY on Wednesday September 25, 2013 at 7 PM for the purpose of accepting comments on the proposed Local Law #2 to amend the Town of Ulysses Zoning Law which updates the language on non-conformance. Ms. Thomas aye Ms. Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted NEW BUSINESS TAX CAP OVERRIDE Ms. Thomas moved, seconded by Mr. Romer the following: Be it resolved that the Town Board of the Town of Ulysses will hold a Public Hearing on the proposed Local Law #3 to override the NYS tax levy limit as allowed by General Municipal Law. The Public Hearing will be on Wednesday September 25, 2013 at 6:45 PM at the Ulysses Historical Society 39 South Street, Trumansburg, NY. Ms. Thomas aye Ms. Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted UPGRADE TO COURT OFFICE Judge Dresser is applying for a JCAP grant to upgrade the court office (sheet rock the walls after removing paneling and new office furniture). The entire cost ($5,800) will be covered by the grant (if he is successful). He needs Town Board approval to proceed with the grant. A letter from Judge Dresser is attached. Ms. Zahler moved, seconded by Mr. Kerness the following: RESOLUTION AUTHORIZING APPLICATION FOR 2013 JUSTICE COIRT ASSISTANCE PROGRAM GRANT Regular Town Board Meeting 9 September 10, 2013 WHEREAS, the Ulysses Town Court is in need of items beyond the means of the 2014 budget, and WHEREAS, the purchase of such items would put a financial strain on the taxpayers of the Town of Ulysses, and WHEREAS, The Ulysses Town Court has the opportunity to apply for the 2013-2014 Justice Court Assistance Program Grant to obtain such items, NOW THEREFORE, BE IT RESOLVED THAT the Ulysses Town Board hereby authorizes the Ulysses Town Court Justices to apply for the 2013-2014 Justice Court Assistance Program Grant requesting up to the maximum amount available to obtain needed items. Ms. Thomas aye Ms. Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted CONSERVATION ZONE — review Ms. Kiley distributed the latest version of the Conservation Zone dated September 10, 2013. The Board discussed other possible uses either in allowed uses or in uses allowed by special permit. Ms. Kiley will also check the language in Permitted uses to see if it follows the language of the Lakeshore Zoning. The version being worked on is on the web at www.ulysses.ny.us under current issues. Closed Session Ms. Tyler moved, seconded by Ms. Zahler the following: BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to a closed session for the advice of Counsel. Ms. Thomas aye Ms. Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted Adjourned for advice of counsel at 9:45 PM. Regular Town Board Meeting 10 September 10, 2013 The meeting reconvened and adjourned at 10:15PM with no further business, discussion or action. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk