HomeMy WebLinkAbout2013-12-10-RTBTown of Ulysses
Regular Town Board
December 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 Superint endent
James Meeker; Town Clerk Marsha Georgia; and Attorney Mariette Geldenhuys.
Others Present: Free Press Reporter Catlyn A. Jurek, John Hertzler, George Brauhaus, Attorney
Meira Hertzberg, Court Reporter Susan Miller, Dennis Ryan, Reporter Rob Montana, Tim &
Betsy Fallon, Diane Hillman, Burke Carson, Lawrence McCann, Cheryl Chambers, Greg
Re ynolds, Connie Evans, Richard Evans, M. DelRosso, S. DelRosso, Don Ellis, Dolores
Higareda, Richard Goldman
Supervisor Thomas called the meeting to order at 7:00 PM.
APPROVAL OF AGENDA
Ms. Thomas moved, seconded by Mr. Kerness the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses modify the agenda for
December 10, 2013 by removing the personnel issues under New Business and under Old
Business remove SEQR determination and consideration of adoption of Local Law #3 of
2013.
Ms. Tho mas aye
Ms. Zahler aye
Ms. Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
TSSERR (Tompkins Shared Services Electronic Records Repository)
Ms. Thomas introduced Maureen Reynolds, Deputy County Clerk.
Ms. Reynolds said that TSSERR; Tompkins Shared Services Electronic Records Repository is a
group created to provide, oversee and coordinate shared records management within Tompkins
County. Ms. Reynolds gave an overview of what was accomplished in the offices of Tompkins
County and then the sharing of the services with all of the Towns in the county creating by-laws
and group agreements. Ulysses joined the shared service grant in 2013 and the minutes and the
building permits have been scanned as the first step in the process and will continue into 2014.
A lot of information has been taken off of the Clerk’s computer. Previous records have been
microfilmed and sca nned that TSSERR will transfer and provide through Laserfiche programs.
The only fee to the Town is the license fee.
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 previous
examined vouchers numbers 483 through 538 in the amount of $192,556.29.
Ms. Thomas aye
Ms. Tyler aye
Ms. Zahler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Regular Town Board Meeting
12/10/2013
2
APPROVAL OF MINTUES
Ms. Thomas moved, seconded by Ms. Tyler the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of the Working Town Board meeting of November 18, 2013.
Ms. Thomas aye
Ms. Tyler aye
Ms. Zahler abstained
Mr. Kerness aye
Mr. Romer aye
Adopted
Ms. Tyler moved, seconded by Ms. Thomas the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited
minutes of the Special Town Board meeting of November 25, 2013.
Ms. Thomas aye
Ms. Tyler aye
Ms. Zahler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
The minutes of November 26, 2013 were tabled.
PRIVLEGE OF FLOOR
Tim Fallon read statement as follows:
Toni ght I ask 'Will you be voti ng to represent the affected residents or to please
Other Town officials?' Do you truly understand all the provisions of the proposed
zoni ng, have you really listened and understood the concerns of the residents that have
been made repeatedly over the last year? Are you aware that there are existing state
laws that already address most of the envi ronmental concerns being used to justify this
zoning?
The ULA prepared a Zoning Changes spread sheet which was sent to the ULA members
and Town. It shows significant changes, some of which were never discussed in open
meetings. The changes are highlighted in yellow, and the impact is far from minor.
A lot of the changes will routinely trigger the need for Town approval. Why would
your citizens fear that? For starters we are worried about a self-appointed- minority
West Shore Homeowners Association that has undue influence . Would you want a WS
executive committee person, one who is also a Town Board member, both who live 3
miles away, commenting adversely on your minor variance request? Would you want
a WS executive committee member who is also the Planning Board Chair person
making adverse comments on your small variance request when the comments totally
misrepresent the Zoning Law? Yes you have the power to create fear. Is fear the legacy
you want to leave?
We fear a government where appointed and elected Town officials have stated biases
against citizens who are perceived to 'have money' or that are perceived to be 'rich' or
that are si mply 'in the Lakeshore District'.
At the end of the day do you intend to work with the majority or to be unduly
influenced by bullying and a minor ity association of overly involved individuals
called the WSHA who have morphed from representing the majority, to then
representing the silent majority, to now pretending to take a neutral position?
Regular Town Board Meeting
12/10/2013
3
At the Public hearing 28 spoke, 17 against the zoning, 11 i n favor. Of the 11 in
favor, 4 had Town Boa rd affiliations (Emerson, Hawkes, Smith, and Wilson), and 3
were 'special interest' presenters . That means only 4 residents were in favor.
This process has been a very dissatisfying mess for the residents and
probably for the Town Board. Why would you fear a proper survey which
was requested by the majority of property owners? Please do a proper
survey to really understand the desires of the residents? Passing the Zoning
into law is not going to make the issue of unreasonable governance go away.
We are asking for a no vote or an abstain vote so that any proposed zoning can
be prepared that is satisfactory to the majority of affected residents. Is that
such an unreasonable request to make?
Greg Reynolds please don’t mistake my passion and my emotion for lack of co ncern for going
after what is right. I want to protect farmland and I do not believe that at the meetings he
has attended that NYS Ag and Markets Law. The Conservation Zone clearly prohibits
growing the farm. Practices are restrictive.
Burke Carson said what he has to say is kind of general and he has been a member of the
planning board and a couple of different non-profit boards. He said that they always
ended up with a board doing all of the work Here we have a situation having highly
educated people who are not grinding the axe, willing to donated their time, knowledge
and come up with a law that really works and this board is not responding to any of it. It
is incredible to him that what we have is being ignored.
Mario DelRosso read the following:
My name is Mario DelRosso. My wife and I live at 91 Maplewood Rd. I also
speak tonight representing my 8J year old mother who lives at 89 Maplewood
Road. She also owns 87 Maplewood Road, and 4 other tax parcels. All 7 of our
tax parcels, about 48 acres, are in the area impacted by the zoning changes you are
proposing.
I was motivated to speak tonight by the impassioned, and clearly difficult
presentation, made to you by a young man, who was a fifth generation fa1mer on
lands covered by your zoning changes at the recent public hearing. I don't think he
was an activist, a radical, nor an obstructionist. And he was clearly not comfortable
at the mike. But he had the courage to stand up and try to make you listen. I
decided I should try too.
We have lived in and enjoyed our neighborhood for half a century. We have
enjoyed the lake, drink its water, and have hiked every inch of our lands more times
than can be counted. We have improved our property, while lessening our impact
on our environment. This, I believe, is not the case with some who have spoken in
favor of the proposed zoning changes.
Like many of our neighbors we live quietly, mind our own business and are not
politically active. Since learning of the proposed zoning changes nearly 18 months
ago, we began to attend meetings to learn more and tried to have our thoughts on
the matter heard in the process. It has been a terribly disheartening learning
experience!
We first joined the West Shore Homeowners Association. At the first annual
meeting we attended the matter was brought up and quickly declared under control
with no further discussion. After a year of hearing presentations by that group at
these meetings supporting the zoning changes I was anxious to attended their last
annual meeting. But just days before the meeting it was taken off the agenda on
the basis that it was an issue for individuals to deal with, not the Association.
Lesson number one for me, a handful of active people in several places can control
the discussion. I hope you can look around you and realize that you are hearing
from the same small group of people in many quires.
Regular Town Board Meeting
12/10/2013
4
I am for zoning, just not this zoning proposal. It has often seemed like a solution
in search of a problem. I have watched as board members have stated "I don't have
that, so why do they need it?" I have watched as hotels are first OK then not OK,
lot sizes one day are 1 acre, the next 2 acres. Many of the specifics have changed
multiple times apparently based on the mood of the moment and not sound fact
gathering/decision making. I don't want to dismiss the hard work done on the by
many of you. An onerous and thankless task. But I also ask you to remember that
hard work alone does not necessarily produce a fair and reasonable result. Often
times this has seemed like a win or lose game to some involved rather than a
concerted cooperative effort to solve or prevent problems.
You have created a unique subset of the Lakeshore zone that affects around 20
properties. "Why?" might be the appropriate question? Those properties are in
the Lakeshore zone, but do not have lakeshore property. They are subject to larger
lot sizes, larger minimum depths, etc. One of those lots we own. It sits directly
across the road from one of the board members who be voting tonight. Madam
Chairwoman, I think at least you should ask those with a vested interest in the
outcome tonight to recuse them from voting.
Lawrence McCann read the following:
1.) The area within the Lakeshore Zone that is not lakefront has been singled out with
much more vague, restrictive regulation, but it is just as controversial as the Lakeshore
lake front area. We just have no voice and no representation. On the Lakefront there
have been several insiders, who have voiced their preferences and needs. Their
preferences and needs have been met through a biased process; which allows
Preferential Spot Zoning and unequal discriminatory language and provisions in the
Lakeshore Zoning Draft. The waterfront residents are being saddled, as well, and have
not been fairly represented by this small group of self-interested individuals. The
process has created a tangle of onerous, overly restrictive regulatory hurdles, which
fully prevent our right to peacefully, harmlessly enjoy our land, home and properties,
as citizens and taxpayers. Our non-- lakefront status is a very na1Tow subset of an
already narrow area.
2.) As an elected New York State Town Official, caution must be exercised to
avoid any Conflict of interest or to avoid any appearance of a Conflict of
Interest on the Ulysses Town Council.
Dave Kerness was on the Ad Hoc Committee, which created the Lakeshore Zoning
regulations; these were passed onto the Town Council, of which he is a member, for
further review. Dave Kerness attends the Variance Board Hearings where he
"interjects”. These responsibilities, of a member of the Ulysses Town Board, directly
conflict with the Zoning vote and preclude him from engaging in a vote. Dave
Kerness a resident of Ulysses, a member of the Town Council and resident of
Maplewood Road, as stated in his recent email to the ULA, must recuse himself, in
this zoning vote relating to land use matters at Maplewood Road within the
Lakeshore District.
Failure to comply with NYS Article 18 section 809 may result in invalidation of the
municipal action, on the matter, if the interested municipal official takes official
action by voting on it.
Courts have extended section 809 to mandate recusal.
No NYS public official should use or attempt to use his official position to secure
w1warranted privileges or exemptions for himself and others. NYS provisions
address not only actual Conflicts of Interest, but also conduct that gives the
impression that a conflict exists. In order to respect the public and enhance the
public trust the Town Board must prevent undue influence and the abuse of official
positions. The appearance of impropriety must be avoided. Accordingly the present
Zoning Draft creates a Conflict of Interest or the appearance of a conflict. Recent
precedent has been established, when Lucia Tyler recused herself from voting on the
Regular Town Board Meeting
12/10/2013
5
Water District Issue, on the Ulysses Town Board.
Dave Kerness m ust recuse himself from this matter.
"Healing" will not occur by ignoring and misstating these issues. Healing will
occur with and through fair, democratic open inclusion.
TOWN REPORTS
PLANNING BOARD/ZONING OFFICER - DARBY KILEY reported:
Planning Board
On November 19th, the Planning Board approved a minor subdivision between
Trumansburg and Iradell Rds., where the majority of the land will remain in agriculture
and one residential lot was created. The Planning Board passed a resolution encouraging
the Town Board to pass the Zoning Law Revision on Lakeshore and Conservation
Districts, which was provided via email to the Town Board on November 19, 2013.
BZA
On November 20th, the BZA granted an area variance that will allow a second residence
to be built approximately 20 feet from the lakeshore, where 50 feet is required.
Other
Smart Energy Policy group (made up of municipal and local representatives) is working
on a grant application to Park Foundation (more information later on the agenda).
ITCTC Planning Committee met on November 19th and discussed the Long Range
Transportation Plan Update.
The Trails committee met on November 22nd and discussed a priority trails strategy for
the county.
NYS Unified Solar Permit is held a workshop on December 3rd. Representatives from
NY Solar discussed the permit form and how to apply for funding if the unified permit is
adopted.
HIGHWAY SUPERINTENDENT JAMES MEEKER reported on the highway activities for
the month.
Finished up Curry Road Bridge
Worked on equipment for winter
Plowed and salted as needed
TOWN CLERK MARSHA GEORGIA had no report.
CODE ENFORCEMENT OFFICER ALEX RACHUN previously distributed his monthly
report.
SUPEERVISOR LIZ THOMAS reported:
Operating statement will be distributed to the Board
Water District #3 was notified by letter and still checking the levels
Attended meeting on Waterburg Bridge
Budget Modifications
Ms. Thomas moved, seconded by Ms. Zahler the following:
A1420.4 Attorney
CE
increase $7,151.07
151.07 A1990.4 Contingenc
y
decrease $4,000.0
0 A1910.4 Unallocate
d
Insurance decrease $3,151.07
151.07
Regular Town Board Meeting
12/10/2013
6
A1460.4 Records Mang
anagement
CE increase $1,267.88
A1450.4 Elections CE decrease $1,267.88
A9010.
8
NYS Retirement increase $8,561.00
A827 Retirement Contribution
Reserve
decrease $8,561.00
A9050.
8
Unemployment Benefits increase $3,415.36
A815 Special Reserve - employment decrease $3,415.36
B1420.4 Attorney CE increase $546.60
B1440.4 Engineering/Consulting
CE
decrease $546.60
B9010.8 NYS Retirement
B3620.11 Deputy Safety Inspection PS
increase $982.00
decrease $982.00
DA9010.8
NYS Retirement
increase
$4,641.00
A827 Retirement Contribution
Reserve
decrease $4,641.00
DB5110.1
Highway Maintenance PS
increase
$1,752.47
DB5110.4 Highway Maintenance CE decrease $1,752.47
DB9010.8 NYS Retirement increase $2,786.00
DB5110.4 Highway Maintenance CE. decrease $2,786.00
DB9030.8 Social Security increase $1,203.54
DB5110.4 Highway Maintenance CE decrease $1,203.54
SW3 8310.43 Water Administration CE increase $412.78
SW3 915 Assigned Unappropriated Fund Balance decrease $412.78
Ms. Thomas aye
Ms. Tyler aye
Ms. Zahler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
TOWN BOARD MEMBERS AND COMMITTEES
Ms. Zahler reported:
attended Village Meeting
attended interviews for Youth employee
report from Fire/EMS
Ms. Tyler reported that the Environmental Agency is looking into the discontinuing of plastic
bags by the grocery stores.
OLD BUSINESS
Alex Rachun said that he was a part of the initial process to update the zoning law and he
wished to make a statement for the record and for the Town in relationship to how this came
about from his perspective and some of the reasons why he thinks the Board is definitely heading
in the right direction. Read Statement as follows:
Regular Town Board Meeting
12/10/2013
7
There are numerous reasons why the Town has taken the challenge to establish zoning on
the lakefront as well as the adjacent lands that are now contemplated as the
Conversation Zone. Most of these reasons have been very welled explained by Ms. Kiley,
Environmental Planner and the Board especially those in references to the
Comprehensive Plan. Mr. Rachun said that his view comes from a practical background
with his relationship with the Zoning Board of Appeals. Over the past twenty-five years
until about three years ago he was the person responsible for scheduling, attending ZBA
meetings and in this time many of the area variances request have been from the
lakefront zone. Contrary to what some believe lakeshore property has allows needed to
conform to the required property size established for the rest of the Town and from about
1978 to 2005 it was one acre. Although the setback requirements were eased during this
time most of the properties on the lake did not meet the one acre requirements then or the
two acre requirements currently, thus a variance was required for virtually all building
endeavors. It was not uncommon for lakefront variance requests to before the ZBA for
each scheduled meeting. These hearings often ended up with neighbor disputes that
wondered far from the area variance at hand; issues that were not covered by the Town’s
Zoning Law. Such as dock encroachment, view disturbance, stream diversion, tree
removal, parking complaints, and property maintenance issues often lead to contentious
meetings and in some cases so verbally abusive that the arguments would be carried out
to the parking lot after the meeting. In Mr. Rachun’s opinion the Town Board has
successfully addressed these issues with the proposed zoning.
Consider Public Comments on Proposed Local Law #3 – Zoning Law
Ms. Thomas had compiled the comments received from the public hearing (December 2, 2013),
email,s and phone calls on the proposed changes to the Zoning Law. Ms. Thomas has gone over
these comments with Ms. Kiley and others to come up with a summary of comments and , how
the Board has addressed them and responded to each one.
Ms. Thomas said that the 239 l&m has been received from the County Planning Board and will
be distributed.
Consideration of Approval of Engineering Contract for Water District #3
Ms. Thomas moved, seconded by Ms. Tyler the following:
RESOLVED to authorize the Town of Ulysses Supervisor to sign the contract with
Hunt Engineers for the amount not to exceed $15,300 to provide engineering services
for Water District 3 as described in their proposal dated November 29, 2013.
Ms. Thomas aye
Ms. Tyler aye
Ms. Zahler aye
Mr. Kerness nay
Mr. Romer aye
Adopted
NEW BUSINESS
Park Foundation Grant Application for Energy Rating Project
Ms. Kiley gave an overview of this project for home energy rating and disclosure at the time of
sale of existing houses. A draft of the proposal is available for review. Ms. Kiley explained why
Ulysses was chosen to be the project sponsor and asks for the following resolution to be adopted.
Ms. Thomas moved, seconded by Mr. Kerness the following:
RESOLUTION OF THE ULYSSES TOWN BOARD TO ACT AS PROJECT SPONSOR
FOR PARK FOUNDATION APPLICATION FOR MULTI-MUNICIPAL HOME
ENERGY RATING AND DISCLOSURE PROJECT
Regular Town Board Meeting
12/10/2013
8
WHEREAS, a consortium of Tompkins County municipalities and local agencies have
developed four Smart Energy Policies, one of which includes a project for Home Energy Rating
and Disclosure at the time of sale for existing homes; and
WHEREAS, municipal staff resources are limited, so outside funding is needed to support a
study to research existing rating systems, to meet with local municipal staff for input, to draft a
Home Energy Rating and Disclosure Ordinance, and to create a strategy for implementation; and
WHEREAS, the proposed project appears to meet the Park Foundation’s Sustainable Ithaca
Program Interest and Energy and Climate Change subprogram; and
WHEREAS, the proposed project budget is approximately $112,000, which includes
approximately $51,700 requested from the Park Foundation, $6,500 of which will cover Town of
Ulysses project management and attorney costs, and approximately $60,480 in in-kind
contributions of staff time from the Towns of Caroline, Danby, Ithaca, and Ulysses, the City of
Ithaca, Tompkins County, and Cornell Cooperative Extension of Tompkins County;
NOW, THEREFORE, BE IT
RESOLVED that the Town of Ulysses agrees to act as the project sponsor for the Park
Foundation application for the Home Energy Rating and Disclosure project; and be it further
RESOLVED that if the application is successful, the Town Board authorizes the Town
Supervisor to sign the grant funding contract, subject to review by the Attorney for the Town.
Ms. Thomas aye
Ms. Tyler aye
Ms. Zahler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Appointment of Representative to the Environmental Management Council
Ms. Thomas moved, seconded by Ms. Zahler and Ms. Tyler the following:
RESOLVED that the Town of Ulysses thanks Lucia Tyler for her long service as
representative to the Tompkins County Environmental Management Council and
RESOLVED that the Town of Ulysses appoints incoming Town Board member, John
Hertzler, to be the Town of Ulysses representative to the Tompkins County
Environmental Management Council .
Ms. Thomas aye
Ms. Tyler aye
Ms. Zahler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Set Date for Organizational Meeting
Ms. Thomas moved, seconded by Ms. Zahler the following:
RESOLVED that the Town Board of the Town of Ulysses sets the date for the 2014
Organizational Meeting for Monday, January 6, 2014 at 7:00 p.m.
Ms. Thomas aye
Regular Town Board Meeting
12/10/2013
9
Ms. Tyler aye
Ms. Zahler aye
Mr. Kerness aye
Mr. Romer abstained
Adopted
Personnel Policy – Consider Potential Update removed from agenda.
Privilege of Floor
Don Ellis said that he feels the update to the zoning is a great work of democracy and looks
forward to it being enacted.
Cheryl Chambers read 3 emails into the record as follows:
1. While attending a Ulysses town meeting this summer, a question asked was why
the sudden urgency for lakeshore zoning. An answer couldn't be given. The best
Supervisor Thomas could come up with was they all had different reasons. She
also said that a unified statement would be issued with the draft of the zoning
proposal. Are you aware of their statement as to why this is being so aggressively
pursued? Thank you and best r egards, Jack Fallenstein
2. I have been a member of the Cayuga Lake Watershed Network for the past couple of
years, and am currently studying Environmental Science at Cornell University.
Recently, I attended a Ulysses Town Board meeting on the lake shore zoning process.
I left the meeting extremely concerned with an agenda controlled by a self-interested
minority, and feel that the zoning process needs to be more inclusive and fair. I support
zoning and see no reason to rush the process during the holidays/ college exam period.
I wanted to express my disappointment, as well as question the fast-tracking process.
Sincerely, Melissa McCann
3. Don and I want to thank you for your visit yesterday. We have been totally
uninformed about the current zoning situation, and had no idea that there had been a
meeting last week. We are sincerely upset by, and suspicious of, the fact that this is
being pushed through so quickly. We feel confused and uninformed and know we are
not the only ones who live on the lake who would like the opportunity to know more
about the proposed zoning plan, and to have the opportunity to attend a meeting on the
subject. Thus far, you are the only one to even mention that there had been as
meeting and that the new bill is being pushed into place before the rest of us are
informed. Since we own one of the largest (privately owned) lakefront pieces
between Taughannock Park and Ithaca, we are very interested in how this new
Zoning bill could impact us. We thank you sincerely for having brought this to our
attention. Nonie and Don White
Doris Higareda said that she has lived here a long time and spoke about septic issues.
Meria Hertzberg asked if the Town had received the 239 l&m from the County and if so she
would like a copy.
Greg Reynolds spoke again on the Ag and Markets Law.
Tim Fallon read statement:
It is our greatest respect for Alex Rachun, from our past dealings, that has motivated our
involvement with the zoning issue. In the past there was a feeling of reasonable government and
Good Faith dealings with the Town. Unfortunately recent actions by the Town feel like a loss of
Good Faith. Stated biases have been common.
Regular Town Board Meeting
12/10/2013
10
Town Board members have among the least conforming lots and that is not a complaint as I
don’t think they have caused any particular harm. The ‘Do as I say not as I Do’ factor is
high. Just drive along Route 89 and all you see are steep slopes. The residents have been able
to deal with steep slopes successfully. The owners have a huge self interest in preventing
erosion. Regarding the recent construction that has caused concern, the owner is an excavation
contractor and yes he reshaped the land during construction. People landscape and restore their
properties just like Cornell did with Uris and Olin Libraries. Those projects looked like a war
zone during co nstruction and are now beautiful places as completed projects.
The Comprehensive Plan is not a mandate. More citizens have responded to the Zoning than
ever attended Comprehensive Plan meetings (based on reviewing the Plan minutes). We
participated in the Comprehensive Plan by responding to the Comp Plan survey and never in our
wildest dreams could have envisioned what has been presented. Our attempts at involvement in
the process are exactly the way the legislative process is supposed to work when makin g new
law.
Adjournment
Ms. Thomas moved, seconded by Ms. Zahler to adjourn the meeting. Unanimously approved.
Meeting adjourned at 9:45 PM.
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk