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HomeMy WebLinkAbout2013-10-08-RTB ULYSSES TOWN BOARD REGULAR TOWN BOARD MEETING October 8 , 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 : Don Smith, Rob Montana, Diane Hillman, Lawrence McCann and Tim Fallon APPROVAL OF MEETING AGENDA BE IT RESOLVED that the Town Board of the Town of Ulysses approve the agenda as presented . Ms. Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Mr. Romer aye Adopted APPROVAL OF CLAIMS BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined voucher numbers 386 through 431in the amount of $ 68,601 . 85 . Ms . Thomas aye Ms . Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted APPROVAL OF MINUTES BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited minutes of the Regular Town Board Meeting of 9/ 10/2013, the Working Meeting of 9/24/2013 and the two Public Hearings of 9/25/2013 . Ms . Thomas aye Ms. Tyler aye Ms. Zahler aye Mr. Kerness abstained Mr. Romer aye Adopted REPORTS OF REPRESENTATIVES Diane Hillman, Jacksonville Association President reported on the old Jacksonville Church and that she had been contacted by Kristin Olson, Preservation Services Coordinator from Historic Ithaca to nominate it for one of the seven "save endangered sites" program for New York State in 2014 . There is an application that is due by October 16, 2013 . Ms . Hillman feels like it can be done and she has a lot of the information. It does fit the criteria for buildings they are looking for. Ms . Hillman would like the Town Board to write a letter supporting the �I. Regular Town Board Meeting 2 October 8, 2013 Jacksonville Association in their attempt to nominate the old church and also she asked the Town to provide a list of contacts the Town has had with Mobil or the management company that is in charge of maintaining the building . PRIVILEGE OF THE FLOOR Don Smith Thanks to the Town Board for your work on the conservation zoning, lakeshore zoning and the revised nonconformance law. There are numerous advantages of these new regulations to lakeshore property owners. Examples : 1 . Current regulations permit a neighbor to build a 1 ,200 ft. dock that goes 100 ft. into the lake, a 900 ft. 2 boat hoist and a 1 ,000 ft. 2 boat house with sides . . . and apply for the permit 30 days after completion. The proposed zoning would require a permit prior to construction. 2 . Current regulations have vague riparian rights that may permit a neighbor to put a dock or buoy in front of your property. The proposed zoning clearly defines riparian rights . 3 . The proposed zoning will help ensure that the Ithaca Yacht Club remains as a yacht club and the Girl Scout camp remains a Girl Scout camp. 4 . Currently, a neighbor can clear cut trees up to one acre without a permit. The proposed zoning does not permit clear-cutting except to clear for the construction of an approved structure . 5 . The revised grandfather clause further protects the rights of property owners to retain and expand non -conforming structures . TOWN REPORTS PLANNING BOARD / ZONING OFFICER Darby Kiley reported : Planning Board On September 17th, the Planning Board approved a site plan for signs at the Allstate office on Trumansburg Rd . The Planning Board continued to discuss the Open Space Plan, focusing on areas that might not have adequate protection, and also started a discussion ion sign regulations . BZA On September 18th, the BZA granted an area variance for the construction of an addition to a house on Kraft Rd, where the addition did not meet the front yard setback requirement. i HIGHWAY SUPERINTENDENT James Meeker reported on the activities for the Highway Department. it • Removed culvert on Curry Rd and replaced • Hauled bank round gravel to Curry Rd . for base material • Stone, oiled and seal -coated roads : Pennsylvania Ave, Curry, Rabbit Run, Agard, Mayo ks and Boyd Hill Rd. 1 • Hauled hot mix for the Villages paving project TOWN CLERK, Marsha Georgia reported that a total of $ 8 ,955 . 00 was collected for the month of September and $ 1 , 146 . 30 in fees was turned over to the Supervisor along with the monthly report. Ms . Georgia explained what the fees consisted of Ms . Georgia also had been working on the number of units to be charged on the 2014 tax bills to the water district users and putting together the accounts that are in arrears to be relieved and added to their 2014 Town and County tax bill . Regular Town Board Meeting 3 October 8, 2013 CODE ENFORCEMENT OFFICER Alex Rachun absent. SUPERVISOR Elizabeth Thomas previously distributed the monthly operating statement for the Board to review. Ms . Thomas said that most of her time has been spent on working on the 2014 budget. There are three meetings scheduled to work on the budget. Ms. Thomas reported ' on what she put into the budget. Ms . Thomas distributed the audit report from Ciaschi , Dietershagen, Little, Mickelson & Company for the Financial Report for the year ending December 31 , 2012 . { Ms . Thomas moved, seconded by Ms . Zahler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following 2013 budget modifications : • Increase A1320 . 4 Audit $ 1000 . 00 To allow for additional audit expense • Increase 917 Unappropriated Fund Balance 1 ,000 . 00 • Decrease A915 . 3 Assigned Funds — Audit 1 ,000 . 00 To cover additional auditor expense out of reserve • Increase A7310 . 1 Youth Programs PS 1 ,297 . 00 • Increase A7310 . 4 Youth Programs CE 203 . 00 To allocate the $ 1500. 00 Howland Grant received for Youth Programs. Ms . Thomas aye Ms. Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted TOWN BOARD MEMBERS AND COMMITTEES Lucia Tyler reported on the meeting of the Tompkins County Healthcare Consortium. • Approved RFP for Administrator • Discussed Affordable Care Act • Fund balances up — go forward paying back municipalities • Left information for the Board to review • Increase this year in healthcare is 8 % (last year 9%) • Attended tour of eco village Nancy Zahler reported : • No Village meeting this Monday will be Wednesday • Attended the State of the Youth Forum — discussed places for the youth to gather • Attended a very successful meeting with the Village working on the Youth Budget and programs . • Attending Chamber meeting on Wednesday • Followed up with the Sheriff after his visit OLD BUSINESS TAX CAP OVERRIDE Ms. Thomas moved, seconded by Ms . Tyler the following : WHEREAS, municipalities of the State of New York are limited in the amount of real property taxes that may be levied each year under the tax levy limit established in General Municipal ( Law § 3 -c , and Regular Town Board Meeting 4 October 8, 2013 WHEREAS , subdivision 5 of General Municipal ) Law § 3 -c expressly authorizes a municipality to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60 %) ofthe governing body , and WHEREAS , at its meeting on September 10, 2013 the Town Board of the Town of Ulysses reviewed and discussed a proposed local law to override the tax levy limit and adopted a resolution for a public hearing to be held by said Town on September 25 , 2013 at 6 : 45 p .m . to hear all interested parties on the proposed local law entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3- C " ; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal on September 13 , 2013 ; and WHEREAS , said public hearing was duly held on said date and time at the Ulysses Historical Society and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS , pursuant to the New York State Environmental Quality Review Act ("SEQRA ") and its implementing regulations at 6NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type 11 action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment, " and thus this action is not subject to review under SEQRA , NOW, THEREFORE, be it RESOLVED , that the Town Board ofthe Town of Ulysses hereby adopts Local Law No . 2 of 2013 entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C " , and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law as follows : LOCAL LAW NO . 2 FOR THE YEAR 2013 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3 -C Be it enacted by the Town Board of the Town of Ulysses as follows : Section 1 . Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Ulysses , County ofTompkins pursuant to General Municipal Law § 3 -c, and to allow the Town of Ulysses , County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts , and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C , governed iby the Town Board for the fiscal year beginning January 1 , 2014 and ending December 31 , 2014 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3 - c. Section 2 IAuthority : This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3 -c, which expressly authorize the Town Board to override the tax levy limit lby the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board . Regular Town Board Meeting 5 October 8, 2013 Section 3 . Tax Levy Limit Override : The Town Board of the Town of Ulysses, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2014 that requires a real property tax levy in excess of the limit specified in General Municipal Law § 3 - c . Section 4. Severability : If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual , firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date : This local law shall take effect immediately 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 - set new public hearing date Ms. Thomas moved, seconded by Ms . Zahler the following : WHEREAS , on September 10, 2013 , the Town of Ulysses Town Board accepted the 4 proposed Town of Ulysses Zoning Law amendment to change Article XX Nonconformance and scheduled a public hearing ; and WHEREAS , on September 25 , 2013 , the Town Board held a public hearing prior to compliance with Town Law Article 16, Section 264 (2), which requires written notice to a designated representative of a city, town, village, county, state park or parkway if the districts, regulations or boundaries affected by the amendment are within 500 feet of the boundary of such entities; NOW, THEREFORE, BE IT RESOLVED that the Town Board sets a public hearing on the proposed Town of Ulysses Zoning Law amendment to change Article XX — Nonconformance on Tuesday, October 22 , 2013 at 6 : 45 PM at the Ulysses Town Hall ; FURTHER RESOLVED that notice of this public hearing be sent to the Ithaca Journal and to the clerks of all neighboring counties, towns, and villages, and the New York State Parks Finger Lakes Region Commissioner in person or by mail, no later than 10 days prior to the public hearing . Ms . Thomas aye Ms. Tyler aye Ms . Zahler aye Mr. Kerness aye Mr. Romer aye Adopted The list of notified parties is as follows : • Town of Lansing Debbie Crandall PO Box 186 Lansing, NY 14882 Regular Town Board Meeting 6 October 8, 2013 • Tompkins County Catherine Covert 121 E Court St Ithaca, NY 14850 • Village of Trumansburg Tammy Morse 56 E Main St Trumansburg, NY 14886 • Town of Enfield Alice Linton 168 Enfield Math Rd Ithaca, NY 14850 • Town of Ithaca Paulette Terwilliger 215 N Tioga St Ithaca, NY 14850 • Seneca County Margaret Li I DiPronio Drive Waterloo, NY 13165 • Town of Covert Colleen Freese PO Box 265 Interlaken, NY . 14847-0265 • Schuyler County Stacy Rusted 105 Ninth St Unit 6 Watkins Glen, NY 14891 • Town of Hector Jane Ike 5097 NYS Route 227 Burdett, NY 14818 • NYS Parks Finger Lakes Region Fred Bonn 2221 Taughannock Road Trumansburg, NY 14886 CONSERVATION/LAKESHORE ZONE — review current drafts Ms . Thomas said that Ms . Kiley sent out the most recent version of the draft Conservation Zone. The Board reviewed the comments that are noted in this version. There still are a few clarifications Ms. Kiley will work on. : Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses change the " Minimum lot width at front lot line shall be 400 ft. " under section 10 . 5 , Lot Area and Yard Requirements in the Conservation District. Ms . Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Mr. Romer aye Adopted Reviewed Lakeshore Zone The Board reviewed each section of the Lakeshore Zone draft document and discussed the comments on whether to change, accept or remove Ms . Thomas has drafted a list of comments from the public on Lakeshore and Conservation Districts for the Boards review. The Board still needs to re-visit the Marina. NEW BUSINESS Support for Jacksonville Church i1 s' Ms . Tyler moved, seconded by Ms . Zahler the following : 1; t it u 1, 1 Regular Town Board Meeting 7 October 8, 2013 BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Thomas to write a letter in the support of the old Jacksonville Church to be nominate for one of the seven "save endangered sites" program for New York State in 2014 . Ms . Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Mr. Romer aye 1 Adopted PRIVILEGE OF THE FLOOR (10 minutes) Lawrence McCann At today ' s Town Board Privilege of the Floor, Don Smith again gave his support and blessing for the Lakeshore Zoning process . He was part of that process . The same club of 4 guys keeps showing their support . Yet they were all part of the process . Don Smith today even stated he was on the 1St Committee and the 2"d Committee . What would be valid or relevant would be support by those not part of the process. But 110+ out of 180 property owners don ' t support the present Lakeshore Zoning process . They are a significant democratic majority. They are not in support. We are excluded from and prohibited from participating in the zoning process which affects our lives, as residents and taxpayers, in Ulysses . The process has been entirely controlled by a tight minority, of only a handful of residents/taxpayers . This is Preferential Spot Zoning. More specifically, since you say you want specifics (in order to deflect our valid points), the Conservation and Lakeshore Drafts use 15 % as Steep Slopes . Yet the Soil Survey - used by the Town Board and the Ad Hoc Committee- demarcates 20% as a Steep Slope. Tonight, in response to a question by a Town Board member questioning the decision to use 15 %, the Soil Survey was referred to : "Includes soil and grade" . But again the question : why the arbitrary use of 15 %, in direct conflict with the referenced Soil Survey, was not answered. I am requesting clarification and justification on the arbitrary use of 15 % as Steep Slopes. It is overly stringent and invalid. Some of you on the Town Board and those here to express support live and built on slopes significantly greater than 15 % . You are referencing and adhering to the Soil Survey " Soil And Grade", therefore 20% slope is proper and correct. Lawrence McCann Tim Fallon expressed that he knows the Board has a hard job . He said he has to agree with Mr. McCann that a large part of residents have been shut out of the process. A small group of people have worked on the zoning changes and some are the same that worked on the Comprehensive Plan. There is a lot of frustration and do we really need these changes in zoning on the lake. He has seen the Comprehensive Plan and still cannot connect as to what is in the Comprehensive Plan and what is seen for zoning and still cannot connect what was in the minutes of the Comprehensive Plan meetings how they connect to zoning. Part of the love of living in Ulysses has been the freedoms and our lakefront is the best lakefront along the lake. In terms of the input this feels like a mini Washington DC to the people on the other side of the argument; it feels like us versus them and we are a town of 5000 people and don' t know what more we could have done to be involved . Ms . Tyler moved, seconded by Mr. Kerness to adjourn the meeting . Unanimously approved and meeting adjourned at 9 : 55 pm . Respectfully submitted, Marsha L . Georgia Ulysses Town Clerk Regular Town Board Meeting 8 October 8, 2013 II