HomeMy WebLinkAbout2017-06-13-TB-FINAL-minutes.pdfTOWN BOARD MEETING
Town of Ulysses
June 13, 2017
Audio of the minutes are available on the website at ulysses.ny.us.
The meeting was held at the Ulysses Town Hall at 10 Elm Street, Trumansburg.
Notice of Town Board meetings are posted on the town's website and clerk's board.
ATTENDANCE:
TOWN OFFICIALS PRESENT:
Supervisor- Liz Thomas
1St Deputy Supervisor/Board member- Nancy Zahler
Board members- Rich Goldman, John Hertzler, Michael Boggs
Town Clerk- Carissa Parlato
Attorney for the Town- Mariette Geldenhuys
Planner- Darby Kiley
OTHERS PRESENT:
Jim Dennis (Tompkins County Legislature representative)
CALL TO ORDER:
Ms. Thomas called the meeting to order at 6:31 p.m. and moved into the Public Hearing. (See
separate minutes).
REPORTS FROM REPRESENTATIVES:
(See Appendix)
TOWN REPORTS:
(See Appendix)
GENERAL BUSINESS:
APPROVAL OF MEETING AGENDA
RESOLUTION 2017-100: APPROVAL OF MEETING AGENDA
BE IT RESOLVED that the Ulysses Town Board approve the agenda for June 13, 2017.
Moved: Ms. Hertzler Seconded: Mr. Boggs
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
aye
Vote: 5-0
Date Adopted: 6/13/17
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PRIVILEGE OF THE FLOOR:
(see appendix)
PRESENTATION: Development District 8 Zoning change request- Kim and Bryon Moore
Kim and Bryon Moore gave a power point presentation on their business, Moor's Marine, Inc.
They recently bought the business from Bryon's parents and have recently become aware that their
business is not in compliance with the zoning law. They are requesting that the zoning be updated
to help remedy the situation.
PRESENTATION: Clean Ener2y Communities- Terrance Carroll
Mr. Carroll shared a presentation on the Clean Energy Communities which is a NYSERDA (New
York State Energy & Research Development) program. Mr. Carroll oversees 5 different counties
for CEC. The goal of the program is to encourage NYS communities to implement clean energy
policies and actions. Once four action items are completed, municipalities may be eligible for
$50,000 or $100,000 to further implement clean energy strategies.
Mr. Carroll also shared information on Climate Smart Communities, which is a NYS DEC
(Department of Environmental Conservation) program that does not focus exclusively on energy.
Once a community becomes certified as a Climate Smart Community, they receive bonus points
when applying for certain grants. Grants are offered with a different focus each year (such as
electric vehicles, flood plain control, etc...).
Ms. Kiley has been working to get the town designated/certified through each of these programs.
The town Board asked clarifying questions.
NEW BUSINESS:
REQUESTING THE PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT
STATEMENT FOR THE PROPOSED CARGILL MINE SHAFT #4 CONSTRUCTION
PROJECT
RESOLUTION 2017-101: REOUESTING THE PREPARATION OF A DRAFT
ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED CARGILL
MINE SHAFT #4 CONSTRUCTION PROJECT
WHEREAS, The Town Board of Ulysses recognizes the economic, social, recreational,
and ecological importance of Cayuga Lake and its watershed to the State and to the local
community; and
WHEREAS, it has come to the attention of the Town Board that an application has been
submitted by Cargill, Inc. to the New York Department of Environmental Conservation
(DEC) for permission to construct a new mine shaft adjacent to Cayuga Lake (ID#0-9999-
00075/00001 -- Cargill Mine Shaft #4); and
WHEREAS, the mine is partially located within the Town of Ulysses and therefore the
Town is an interested party in the environmental review of this project; and
WHEREAS, credible concerns have been expressed with substantial supporting scientific
documentation provided to the NYSDEC demonstrating the potential for significant impacts
PA
to Cayuga Lake and/or the local environment from this proposal, including but not limited
to:
a) impairment of the viewshed from Town of Ulysses lakeshore locations including
Taughannock State Park,
b) increase in local greenhouse gas emissions,
c) subsurface water storage, in a portion of the mine located in the Town of Ulysses,
that could lead to the collapse of portions of the mine and to surface subsidence, and
d) subsurface intersection of the mine shaft with an aquifer which could cause mine
flooding and the subsequent salinization of Cayuga Lake in a manner analogous to
the 1994 Retsof Mine disaster in Livingston County; and
WHEREAS, NYSDEC, prior to any public announcement of the environmental review of
the proposed project, nevertheless issued a "negative declaration" denying that there is any
potential for significant environmental impacts from this construction project; now,
therefore be it
RESOLVED, that the Town Board of the Town of Ulysses respectfully requests that the
NYSDEC:
1. rescind its negative declaration of June 30, 2016 for Cargill, Inc.'s Mine Shaft #4
construction project,
2. require a full and transparent disclosure of all information (including seismic
studies) critical to an analysis of the above potential risks to the environment and the
future health of Cayuga Lake, and
3. require submission of a Draft Environmental Impact Statement for the proposed
project prior to the issuance of a permit, thereby encouraging a full public discussion
of these important concerns; and it is further
RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to Governor
Andrew Cuomo, NYSDEC Commissioner Basil Seggos, Senators Patricia Helming and
Thomas O'Mara, Senate Leader John Flanagan, Senate Minority Leader Andrea Stewart -
Cousins, Assemblywoman Barbara Lifton, Assembly Speaker Carl Heastie, Assembly
Minority leader Brian Kolb, Village of Trumansburg Martin Petrovic, and Tompkins
County Legislature Chair Michael Lane and the Town Clerk will notify or cc the Town
Supervisor and provide a certified copy when complete.
Moved: Ms. Zahler Seconded: Mr. Goldman
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
abstain
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 6/13/17
REFERRAL OF DEVELOPMENT DISTRICT 8 REZONING TO THE PLANNING
BOARD
RESOLUTION 2017-102: REFERRAL OF DEVELOPMENT DISTRICT 8
REZONING TO THE PLANNING BOARD
WHEREAS, Development District Number 8: Moore's Outboard Sales and Services,
located at 3052 Dubois Rd, Tax Parcel Number 32.-2-8.22, was created in 1991; and
WHEREAS, the current owners would like to revise the development district language to
reflect their current and future uses of the property; and
WHEREAS, the Town of Ulysses Zoning Law §212-20 outlines the procedure for rezoning
requests, which starts with the Town Board review of the proposal and if the Town Board
decides "that the request for rezoning merits further consideration, the Board shall direct the
applicant to proceed with a sketch plan conference, and then shall refer the proposal to the
Planning Board for further review and recommendations."
THEREFORE BE IT RESOLVED that the Town of Ulysses Town Board directs the
applicant to proceed with a sketch plan conference as outlined in the zoning law §212-20 A
(2) and refers the proposal to the Planning Board for review and recommendations.
Moved: Ms. Thomas Seconded: Mr. Goldman
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
aye
Vote: 5-0
Date Adopted: 6/13/17
OLD BUSINESS:
WATER DISTRICT 3
TOWN OF ULYSSES — WATER DISTRICT #3
New York State Water Infrastructure Improvement Act, Drinking Water
RESOLUTION 2017-103: RESOLUTION OF SUPPORT FOR THE WATER
INFRASTRUCTURE IMPROVEMENT ACT (WIIA) GRANT APPLICATION
FROM THE TOWN OF ULYSSES FOR THE BENEFIT OF WATER DISTRICT #3
WHEREAS, the Ulysses Town Board of Tompkins County, supports the submission of a
New York State Water Infrastructure Improvement Act (WIIA) grant application, on behalf
of Water District #3 in the Town for a drinking water project; and
WHEREAS, the New York State Environmental Facilities Corporation (EFC) administers
grants to assist municipalities in funding water treatment and distribution infrastructure
projects for protecting or improving water quality and/or protecting public health; and
WHEREAS, an Engineering Report, prepared by MRB Group made recommendations to
improve the water quality in Water District #3 which has been cited for violating a public
health regulation pertaining to Total Trihalomethanes (TTHM) exceeding the New York
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State Department of Health (NYSDOH) Maximum Contaminant Level (MCL) over the last
several years; and
WHEREAS, the Engineering Report recommended the construction of a dedicated inlet
watermain pipe to the existing Water District #3 ground storage tank to separate the
inlet/outlet pipes, incorporation of a TTHM Removal System in the ground storage tank for
water quality treatment, incidental modifications to the ground storage tank, incidental
valving modifications to the water distribution system, and new remote meter reading
equipment and meters; and
WHEREAS, the proposed project will benefit the users in Water District #3 by making the
recommended improvements required to comply with the NYSDOH public health
regulations pertaining to water quality by making improvements in the distribution system
to treat water moving through the system for high TTHMs which pose a public health risk;
and
WHEREAS, the proposed project expenditures are anticipated to be funded by a loan and
potential grant from United State Department of Agriculture, Rural Development project
funding per the Preliminary Eligibility Determination/Funding Estimate received by the
Town subsequent to the Town submitting a funding application to Rural Development; and
NOW, THERFORE BE IT RESOLVED, the Ulysses Town Board authorizes Supervisor
Elizabeth Thomas to submit such grant application on behalf the Town and authorizes the
Supervisor to execute necessary documents relative to and as required for the application;
and
THEREFORE, BE IT FURTHER RESOLVED that the Ulysses Town Board of
Tompkins County recognizes and fully supports the submission of the WIIA grant
application on behalf of Water District #3 of the Town, for a drinking water project.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
nay
Mr. Goldman
aye
Vote: 4-1
Date Adopted: 6/13/17
Seconded: Mr. Goldman
PUBLIC INTEREST ORDER-WD3 improvements
RESOLUTION 2017-104: PUBLIC INTEREST ORDER-WD3 IMRPOVEMENTS
WHEREAS, the Town Board of the Town of Ulysses, Tompkins County, New York, has
duly caused to be prepared a prepared a map, plan and report, including an estimate of cost,
pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the
facilities of Water District No. 3, in the Town of Ulysses, Tompkins County, New York
("Water District No. 3"), being the incorporation of a Total Trihalomethanes (TTHM)
Removal System in the existing ground storage tank located at the intersection of Van Dorn
Corners Road and Iradell Road, together with construction of a dedicated inlet pipe to said
tank, and additional tank modifications, installation of remote water meters and meter
reading system and original furnishings, equipment, machinery, apparatus, appurtenances,
and incidental improvements and expenses in connection therewith, at a maximum
estimated cost of $977,000 and
WHEREAS, at a meeting of said Town Board duly called and held on May 30, 2017, an
Order was duly adopted by it and entered in the minutes specifying the said Town Board
would meet to consider the increase and improvement of facilities of Water District No. 3 in
said Town at a maximum estimated cost of $977,000, and to hear all persons interested in
the subject thereof concerning the same at the Town Hall, in Trumansburg, New York, in
said Town, on June 13, 2017, at 6:30 P.M., Prevailing Time; and
WHEREAS, said Order setting the public hearing duly certified by the Town Clerk was
duly published and posted as required by law; and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at
which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT
ORDERED, by the Town Board of the Town of Ulysses, Tompkins County, New York, as
follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found
and determined that it is in the public interest to make the increase and improvement of the
facilities of Water District No. 3, in the Town of Ulysses, Tompkins County, New York,
consisting the incorporation of a Total Trihalomethanes Removal System in the existing
ground storage tank located at the intersection of Van Dorn Corners Road and Iradell Road,
together with construction of a dedicated inlet pipe to said tank, and additional tank
modifications, installation of remote water meters and meter reading system and original
furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements
and expenses in connection therewith, at a maximum estimated cost of $977,000
Section 2. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll, which
resulted as follows:
Moved: Ms. Thomas Seconded: Ms. Zahler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
nay
Mr. Goldman
aye
Vote: 4-1
Date Adopted: 6/13/17
BOND RESOLUTION
RESOLUTION 2017-105: BOND RESOLUTION DATED JUNE 13, 2017.
n
A RESOLUTION AUTHORIZING THE ISSUANCE OF $977,000 BONDS OF THE
TOWN OF ULYSSES, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST
OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF WATER
DISTRICT NO. 3, IN THE TOWN OF ULYSSES, TOMPKINS COUNTY, NEW
YORK
WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with
the provisions of Section 202 b of the Town Law, and more particularly an Order dated the
date hereof, said Town Board has determined it to be in the public interest to improve the
facilities of Water District No. 3, ("Water District No. 3") in the Town of Ulysses,
Tompkins County, New York, at a maximum estimated cost of $977,000; and
WHEREAS, the capital project hereinafter described, as proposed, has been determined to
be a Type I Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality
Review Act, which it has been determined will not have any significant adverse effects on
the environment; and
WHEREAS, it is now desired to authorize such capital project and it's financing; NOW,
THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Ulysses, Tompkins County, New York,
as follows:
Section 1. The increase and improvement of Water District No. 3, in the Town of
Ulysses, Tompkins County, New York, being the incorporation of a Total Trihalomethanes
Removal System in the existing ground storage tank located at the intersection of Van Dorn
Corners Road and Iradell Road, together with construction of a dedicated inlet pipe to said
tank, and additional tank modifications, installation of remote water meters and meter
reading system and original furnishings, equipment, machinery, apparatus, appurtenances,
and incidental improvements and expenses in connection therewith, is hereby authorized at
a maximum estimated cost of $977,000.
Section 2. It is hereby determined that the plan for the financing of said class of objects
or purposes is by the issuance of $977,000 bonds of said Town hereby authorized to be
issued therefor pursuant to the provisions of the Local Finance Law; PROVIDED,
HOWEVER, that to the extent that any grants-in-aid are received for such class of objects
or purposes, the amount of bonds to be issued pursuant to this resolution shall be reduced
dollar for dollar.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is forty years pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the serial bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Ulysses, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be
made in each year sufficient to pay the principal of and interest on such bonds becoming
due and payable in such year. To the extent not paid from monies raised from said Water
District No. 3 in the manner provided by law, there shall annually be levied on all the
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taxable real property of said Town, a tax sufficient to pay the principal of and interest on
such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such notes, is hereby delegated to
the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed by said Supervisor,
consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale
and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such
bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best
for the interests of said Town, including, but not limited to, the power to sell said bonds to
the New York State Environmental Facilities Corporation; provided, however, that in the
exercise of these delegated powers, the Supervisor shall comply fully with the provisions of
the Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the purchase
money.
Section 7. All other matters except as provided herein relating to the serial bonds herein
authorized including the date, denominations, maturities and interest payment dates, within
the limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue serial bonds with substantially
level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal
officer of such Town. Such bonds shall contain substantially the recital of validity clause
provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form
and contain such recitals, in addition to those required by Section 51.00 of the Local
Finance Law, as the Supervisor shall determine consistent with the provisions of the Local
Finance Law.
Section 8. The Supervisor is hereby further authorized, at her sole discretion, to execute
a project finance and/or loan agreement, and any other agreements with the New York State
Department of Health and/or the New York State Environmental Facilities Corporation,
including amendments thereto, and including any instruments (or amendments thereto) in
the effectuation thereof, in order to effect the financing or refinancing of the class of objects
or purposes described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue
of said Town in the event of the sale of same to the New York State Environmental
Facilities Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental
Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby
delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be
prescribed by said Supervisor consistent with the provisions of the Local Finance Law.
Section 10. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days
after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise
set aside with respect to the permanent funding of the object or purpose described herein.
Section 12. This resolution, which takes effect immediately, shall be published in
summary form in the official newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
Moved: Ms. Thomas Seconded: Mr. Hertzler
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs nay
Mr. Goldman aye
Vote: 4-1
Date Adopted: 6/13/17
SCHEDULING A PUBLIC HEARING ON PROPOSED ACQUISITION OF UNIQUE
NATURAL AREA PROPERTY AT 1284 TAUGHANNOCK BOULEVARD
RESOLUTION 2017-106: SCHEDULING A PUBLIC HEARING ON PROPOSED
ACOUISITION OF UNIOUE NATURAL AREA PROPERTY AT 1284
TAUGHANNOCK BOULEVARD
WHEREAS, the Town Board seeks to purchase an approximately 4.2 acre vacant parcel of
land located to the west of Taughannock Boulevard which borders a section of the Black
Diamond Trail, known as Town of Ulysses tax parcel number 27.4-6 ("the Property") from
the County of Tompkins ("the County"); and
WHEREAS, a total of $10,583 of delinquent taxes and foreclosure fees are owed on the
parcel; and
0J
WHEREAS, the Tompkins County Legislature adopted Resolution No. 2017-71 on April
18, 2017, which authorizes the County to execute an agreement with the Town to purchase
the Property for $5,427, spread out over a two-year period, and authorizes the County
Administrator or his designee to execute other agreements necessary for the county to
implement this transfer to the Town; and
WHEREAS, the Property is located within the lakeshore Natural Features Focus Area and
in the Maplewood Glen and Lake Slopes Unique Natural Areas ("UNA's"); and
WHEREAS, preservation of UNA's is in accordance with the Town's Comprehensive Plan
and the County's purpose of designating UNA's; and
WHEREAS, the Town's proposed use of the Property is to preserve it as open space and
provide an outdoor recreation area for members of the public; and
WHEREAS, §247(3) of the General Municipal Law provides that the acquisition of
interests or rights in real property for the preservation of open spaces is a public purpose for
which public funds may be expended and that such acquisition requires a public hearing
subject to due notice;
NOW, THEREFORE, BE IT
RESOLVED that a public hearing shall be held at the Town Board meeting on July 11,
2017 at 7:15 p.m. in the Town Hall, 10 Elm Street, Trumansburg, New York 14886, to give
members of the public the opportunity to comment on the proposed acquisition of the
Property from the County for a purchase price of $5,427, spread over two years, plus the
costs of acquisition; and be it further
RESOLVED that the Town Clerk shall cause notice of such public hearing to be published
and posted at least five days before the date thereof in the newspaper of record, on the
Clerk's bulletin board and on the town email distribution list.
Ms. Geldenhuys shared that the county had been trying to sell this property to the state. When a
title search was done, the title was not clear. Ms. Geldenhuys has ordered a survey and abstract.
She recommends title insurance.
Moved: Mr. Boggs Seconded: Ms. Zahler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
aye
Vote: 5-0
Date Adopted: 6/13/17
HABITAT FOR HUMANITY PROPERTY
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RESOLUTION 2017-107: AUTHORIZING EXECUTION OF CONTRACT WITH
THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION FOR ACQUISITION OF PROPERTY ON SALO DRIVE
WHEREAS, the Town Board by Resolution 2016-117 authorized the Town Supervisor and
Town Staff to apply to the New York State Office of Parks, Recreation and Historic
Preservation ("the State") for a grant to acquire approximately 32 acres of land on Salo
Drive along Trumansburg Creek from Habitat for Humanity; and
WHEREAS, the State approved the application for funding in the amount of $57,205,
subject to execution by the Town and the State of New York Master Contract for Grants,
with the attachments thereto containing the Program Specific Terms and Conditions ("the
Contract");
NOW, THEREFORE, BE IT
RESOLVED that the Town Board hereby authorizes the Town Supervisor to execute the
Contract with NYS Office of Parks, Recreation and Historic Preservation for a grant to
acquire this property on behalf of the Town.
Moved: Ms. Thomas Seconded: Mr. Boggs
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
aye
Vote: 5-0
Date Adopted: 6/13/17
SCHEDULING A PUBLIC HEARING ON PROPOSED ACQUISITION OF PROPERTY
ON SALO DRIVE AND AUTHORIZING EXECUTION OF A CONTRACT FOR SALE
AND PURCHASE CONTINGENT ON TOWN BOARD APPROVAL
RESOLUTION 2017-108: SCHEDULING A PUBLIC HEARING ON PROPOSED
ACQUISITION OF PROPERTY ON SALO DRIVE AND AUTHORIZING
EXECUTION OF A CONTRACT FOR SALE AND PURCHASE CONTINGENT ON
TOWN BOARD APPROVAL
WHEREAS, the Town Board seeks to purchase 3 vacant parcels of land on Salo Drive
along Trumansburg Creek, known as Village of Trumansburg tax parcel number 7.-6-1.1
and Town of Ulysses tax parcel numbers 11.-2-8.2 and 11.-2-11, consisting of
approximately 32 acres ("the Property") from Habitat for Humanity ("Habitat"); and
WHEREAS, the Town's proposed use of the Property is to provide an outdoor recreation
area for residents of the Village of Trumansburg and Town of Ulysses; and
WHEREAS, the Property contains wetlands and vernal pools, and is a buffer to
Trumansburg Creek, and buffering Trumansburg Creek from development will help to
preserve water quality from contaminants and sedimentation in Trumansburg Creek and
Cayuga Lake; and
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WHEREAS, the Town obtained an appraisal of the Property from Carol DiSanto, a
certified real estate appraiser, which determined that the market value of the Property was
$74,000 as of June 21, 2016; and
WHEREAS, pursuant to a proposed Contract for Sale and Purchase of Real Property, the
Town proposes to purchase the Property from Habitat for a purchase price of $50,000; and
WHEREAS, the Town applied for a grant from the New York State Office of Parks,
Recreation and Historic Preservation in the amount of $57,205, to reimburse the Town for
the purchase price and costs of acquisition; and
WHEREAS, §247(3) of the General Municipal Law provides that the acquisition of
interests or rights in real property for the preservation of open spaces is a public purpose for
which public funds may be expended and that such acquisition requires a public hearing
subject to due notice;
NOW, THEREFORE, BE IT
RESOLVED that a public hearing shall be held at the Town Board meeting on July 11,
2017 at 7:00 p.m. in the Town Hall, 10 Elm Street, Trumansburg, New York 14886, to give
members of the public the opportunity to comment on the proposed acquisition of the
Property from Habitat for a purchase price of $50,000, with anticipated acquisition costs of
$7,205; and be it further
RESOLVED that the Town Clerk shall cause notice of such public hearing to be published
and posted at least five days before the date thereof in the newspaper of record, on the
Clerk's bulletin board and on the town email list.
Moved: Mr. Boggs Seconded: Ms. Zahler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
aye
Vote: 5-0
Date Adopted: 6/13/17
EXXON MOBIL PROPERTIES
RESOLUTION 2017-109: APPROVAL OF REOUEST TO MARKET THE "OLD
CHURCH" IN JACKSONVILLE
WHEREAS, The Town of Ulysses has entered into a contract to purchase three properties
for sale in Jacksonville from the current owner, Exxon Mobil. The Town seeks to sell an
1827 historic church in need of substantial repair located at 5020 Jacksonville Rd ("the
Church Parcel") together with an adjacent parcel (5036 Jacksonville Rd) ("the Adjacent
Parcel") which could be used for a septic system and/or parking for the Church Parcel, or
other allowable accessory use and
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WHEREAS, The Town intends to take steps to offer the properties for sale to qualified
buyers willing and able to preserve the historic facade and re -purpose this unique structure
for any uses permitted by zoning for these parcels, including, but not limited to: residential,
home business, or retail uses. The deed to the Church Parcel will include an historic
preservation restrictive covenant and
WHEREAS, The Town wishes to retain the services of a New York State licensed real
estate salesperson or broker (collectively referred to as "realtor") with experience in
marketing historic buildings and therefore be it
RESOLVED that the Ulysses Town Board approve and distribute the attached Request for
Qualifications to identify NYS certified realtors interested in marketing the Old Church.
Moved: Ms. Zahler
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
aye
Vote: 5-0
Date Adopted: 6/13/17
Seconded: Mr. Goldman
APPOINTMENT OF ULYSSES' ENVIRONMENTAL PLANNER AS THE TOWN'S
CLIMATE SMART COMMUNITIES COORDINATOR
RESOLUTION 2017-110: APPOINTMENT OF ULYSSES' ENVIRONMENTAL
PLANNER AS THE TOWN'S CLIMATE SMART COMMUNITIES
COORDINATOR
WHEREAS, the Ulysses Town Board passed a resolution (No. 2016-154) to participate in
the New York State Department of Environmental Conservation's "Climate Smart
Communities" Initiative on September 13, 2016; and
WHEREAS, the Environmental Planner, with assistance from Cornell Cooperative
Extension and others, is currently pursuing Climate Smart Communities certification for the
Town of Ulysses; and
WHEREAS, achieving Climate Smart Communities certification would help to make the
Town eligible for funding through the New York State Energy Research and Development
Authority's (NYSERDA) Clean Energy Communities program, make other state funding
applications more attractive, and would provide good public relations opportunities for the
Town; and
WHEREAS, to become a Certified Climate Smart Community, one of the actions the Town
of Ulysses must take is to appoint a Climate Smart Communities Coordinator; and
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WHEREAS, the job duties of the Environmental Planner align with the goals of the
Climate Smart Communities program, and would therefore remain the same, now,
therefore, be it
RESOLVED, that the Environmental Planner of the Town of Ulysses is hereby appointed
as the Town's Climate Smart Communities Coordinator for the New York State Department
of Conservation's Climate Smart Communities Initiative.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
aye
Vote: 5-0
Date Adopted: 6/13/17
Seconded: Mr. Goldman
POLICY ON ENDORSEMENTS/DECLARING JUNE AS PRIDE MONTH
Ms. Zahler received a request from a town resident to proclaim June as Pride Month.
Ms. Thomas shared that she is wary of proclaiming for one group because then the board would
have to proclaim for all. In response to that concern, Ms. Zahler offered a Proposed Policy on
Endorsements to create guidelines for handling future requests. Ms. Geldenhuys indicated that
other municipalities have similar policies on endorsements and the one in the Agenda packet would
protect the Town. In deference to Ms. Thomas' reservations, Ms. Zahler agreed not to move the
original resolution as submitted, which was based on one approved by the Town of Dryden, and to
move the alternative drafted by Ms. Thomas.
Ms. Zahler read Tompkins County Legislator Mr. Lane's proclamation for vote.
RESOLUTION 2017-111: FOLLOWING THE COUNTY'S PROCLAMATION
WHEREAS the Town of Ulysses Town Board believes in the civil rights and preservation
of dignity for all residents of the Town of Ulysses and beyond, regardless of their race,
nationality, ethnicity, income, sex, sexual orientation, abilities, age, political belief,
language or religion; and
WHEREAS the LGBTQ community has endured a history of discrimination; and
WHEREAS on June 6, 2017, Tompkins County Legislative Chair, Michael Lane
proclaimed June as LGBTQ+ Pride Month.
THEREFORE BE IT RESOLVED that the Town Board of Ulysses endorses the
proclamation of June 2017 being LGBTQ+ Pride Month made by the Tompkins County
Chair Michael Lane.
Moved: Ms. Zahler
Ms. Thomas
aye
Seconded: Mr. Goldman
14
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs abstain
Mr. Goldman aye
Vote: 4-0
Date Adopted: 6/13/17
Ms. Geldenhuys advised that it is best to have a policy in place to protect the town from claims of
unfair treatment. Given the lateness of the hour, the Town Board agreed not to take action on the
Proposed Endorsement Policy.
PRIVILEGE OF THE FLOOR:
(none)
MONTHLY BUSINESS
APPROVAL OF MINUTES
RESOLUTION 2017-112: APPROVAL OF MINUTES: 5/23, 5/30/17
BE IT RESOLVED that the Ulysses Town Board approve the minutes of 5/23/17 and
5/30/17.
Moved: Mr. Goldman
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
abstain
Mr. Boggs
aye
Mr. Goldman
aye
Vote: 4-0
Date Adopted: 6/13/17
Seconded: Ms. Zahler
APPROVAL OF CLAIMS
RESOLUTION 2017-113: APPROVAL OF CLAIMS
BE IT RESOLVED that the Ulysses Town Board approve payment of claims #248-297 in
the amount of $82,968.23.
Moved: Ms. Thomas
Ms. Thomas
aye
Ms. Zahler
aye
Mr. Hertzler
aye
Mr. Boggs
aye
Mr. Goldman
aye
Vote: 5-0
Date Adopted: 6/13/17
ADJOURN -
Seconded: Mr. Goldman
15
Mr. Goldman moved to adjourn the meeting at 9:48pm; seconded by Ms. Zahler and passed
unanimously.
APPENDIX:
REPORTS FROM REPRESENTATIVES:
Mr. Dennis shared the following:
• The budget committee recently asked the county administrator to build next year's budget
with a 2.4 levy increase. The proposal includes a living wage for all the human service
agencies that the county funds. They are hoping to complete the budget by Nov. 9 and stay
below the tax cap.
• TC3 (Tompkins —Cortland Community College) is working on budget and hoping for
increased funding from the counties. Cortland has agreed, but Tompkins has not.
• Foodnet funding was cut by NYS so the county helped make up the difference.
• The jail study is on-going; they are hoping a final report will be done in the fall.
• The county is currently in labor negotiations.
TOWN REPORTS:
PLANNING/ZONING- Submitted by Ms. Kiley
Planning Board
On 5/16, the PB reviewed and approved two site plans: a single family residence on a flag lot on
Perry City Rd, and a pavilion at the Cayuga Nature Center. On 6/6, the PB approved a subdivision
on Dubois Rd, and also continued the review of the Inn at Taughannock variance proposal, which
include several sign variances and variances for setback along Gorge Rd and building height.
Board of Zoning Appeals
The BZA approved a setback variance for a garage to be located on Taughannock Blvd.
Grants
Zoning Updates Grant — The steering committee discussed the comments from
boards/committees on the draft ag/rural zoning on May 25 and June 1.
Salo Drive Land Acquisition — Reviewed the contract from the State with input from the attorney
for the town.
Clean Energy Communities — three of the four required High Impact Actions have been
submitted; two have been approved; and we are waiting to hear about approval on the third. The
fourth action item is close to completion. As a reminder, once the fourth action item is submitted
and approved, the Town is eligible for $100,000 or $50,000 in grant funding.
Other Meetin2s/Issues
Climate Smart Communities (CSC) — representatives from CCE are helping the town reach this
designation, which helps with future grant applications.
Community Choice Aggregation (CCA) — 5/26: The group discussed a recent conference on
CCAs and continued to discuss next steps.
Water Resources Council (WRC) — 5/15: the council discussed the Stormwater Annual Report for
the 10 regulated MS4s, and heard about several projects undertaken by the Tompkins County Soil
and Water Conservation District.
CODE OFFICER- Submitted Mr. Myers:
16
Building Permits issued
16
Plan Reviews
9
Certificate of Occupancy issued
1
Certificate of Compliance issued
7
Complaints Received
3
Complaints Resolved
3
Inspections (Footers, Foundations, Plumbing, Insulation, roofing, Pools, Etc.)
42
New Site Inspections
12
Building Review Consultations (pre -plan meetings, Future Building/Remodeling)
14
Fire Safety Inspections
5
Code Training Seminars
0
County Assessment Report
1
Open property in violation cases
12
Property violations resolved
2
Value of Permits issued: $ 1,053,607
Building Permit fees collected for month: $ 3,039
TOWN CLERK- submitted by Ms. Parlato
LICENSES/PERMITS issued:
#
Sporting licenses
23
Disabled parking permits
9
Dog licenses and renewals
178
Marriage licenses
1
Plumbing permits
1
Address assignments
1
Notarizations
3
FOIL requests
1
FINANCIAL REPORT:
$3096.50 TOTAL Collected for fees & licenses
$2532.89 stays in the town
$563.61 goes to the state
CLERK's OFFICE TASKS:
• Dog enumeration (census)- mailed form to all households, processed about 900 responses; 125 new
licenses.
Routine tasks:
o Notarized documents for citizens
o Ordered supplies
o Retrieved, sorted, vouchered mail
o Answered inquiries on various topics
o Took and wrote up meeting minutes
17
o Kept website current
o Sent listsery messages to residents (2/month)
o Mailed and posted dog licenses; issued tickets as needed
o Assist other departments when possible
o Respond & fulfill FOIL requests- coordinate with other departments as necessary
WATER DISTRICT TASKS:
• Billing cycle- created new bills & sent out
• Posted incoming bills
• Updated testing spreadsheets
COMMITTEES/ASSOCIATIONS:
Health Consortium:
• Attended May 4 meeting, May 10 retreat and May 26 meeting for CanaRx.
SUPERVISOR REPORT - submitted by Ms. Thomas
Jacksonville
Water District 3
• Rural Development grant response
• Notify TTHM Working Group of funding options to help in decision about Rural
Development grant funds. Organize and present background material.
• Write up summary of TTHM Working Group meeting for TB and present with above
information.
• Write quarterly letter to WD3 customers updating them on TTHM remediation progress.
• Gather documents, write and send Quarterly report for Department of Health.
• Contract with municipal financial advisor and bond counsel.
• Analyze costs of Rural Development funding change from 75% to 50% grant funding.
• Assist with application for additional grant funding through NYS EFC.
Parks and Recreation
Trails Grant:
• Meet with Ithaca Convention and Visitor's Bureau (CVB) about migrating trails site to the
CVB.
• Provide accounting of grant.
Zoning update
• Read through comments from all committees reviewing ag land draft.
Energy
• EV charging stations — read through information
• CEC Funding — options for funding should town be successful in the CEC program.
• PILOT — continue to work with IDA on final PILOT for proposed large solar installation.
Write up cost comparisons for verification by IDA and County Assessor.
• TCCOG Energy Task Force — draft agenda, organize information to present, chair meeting.
Other
• Orientation of new bookkeeper.
• Assist Bookkeeper with questions from the NYS Comptroller's Office.
• Zoning update contract extension
• CAFO request for water withdrawal from and discharge near Trumansburg Creek
• Assist with article about demolished condemned buildings in Ulysses
• UNA — work with Mariette, Darby and the County to finalize purchase of land.
• Work with Mayor of Tburg on sidewalk rebid.
• Training on multiyear financial planning
• Training on financial responsibilities of the Town Clerk.
• Continue work on Manse Road re: ownership
• Assist with organization of documents needed to finalize contract with NYS for
purchase of land on Salo Drive and work on documents needed for purchase of land
from Habitat for Humanity.
• Contribute information/articles for listsery news.
• Unique Natural Area: actions necessary to proceed with change of ownership of land with
Tompkins County.
• What to do about proclamations.
• CAFO — documents for amicus status.
• Reorganized documents in the All—share water folder
• Organizing contracts.
Meetings
5/9 — Cortland USDA office to talk to Rural
Development Grants Manager 5/9 — Town Board
meeting
5/15 — with Mayor about sidewalk
5/16 — meet with residents concerned over Taughannock Farms Inn
5/16 — Meet with Chair of Sustainability and Conservation Advisory
Committee about CEC projects. 5/22 — meet with TTHM Working Group
BOOKKEEPER- Submitted by Ms. Thompson
Regular Duties:
• Payroll
o Processed & reconciled payrolls 10 &11
o Updated employee changes as needed
• Banking
o Completed regular bank deposits — in person for cash with remote deposit
system for checks
o Completed regular bank account transfers to cover payments
• NYSLRS
o Monthly Reporting
• Payments
o Produced vouchers for monthly pre -pays, insurance invoices and other
miscellaneous payments.
o Reviewed monthly vouchers & abstract
o Printed checks for pre -pays and scheduled voucher payments
• Month End Close Out - April
o Entered all cash receipts (general receipts, WD accounting, etc.)
o Entered all Payroll entries (cash receipts, cash disbursements & general journal
entries)
o Entered all cash disbursements
o Entered all general journal entries (bank transfers, interest, WD3 billings &
other general journal entries)
o Close out steps (Load abstracts, close CR & CD journals & print reports)
19
o Reviewed month end financial reports and distributed them to Town Board and
department heads
• Trainings
o Read Office of the State Comptroller's Accounting and Reporting Manual
(ARM)
o Continued to compile reference materials
o Greater Tompkins County Health insurance Consortium 4th Annual
Education Retreat - May 10
o NYS Comptroller's Advanced Accounting School - May 23-25
o NYS OSC Webinar — Multi -Year Planning May 18
Meetings:
• 05/09/2017 — Town Board Meeting
Non -Regular Duties:
❑ AUD 2016
o Many hours of research regarding questions and concerns about the 2016 AUD
o Researched and wrote up narrative for first of the AUD adjustments
o Communication with accountant and software support person about how to
handle these adjustments
• File Review
o Continues file (physical & electronic) review to help with historic & ongoing
knowledge
• Procedures
o Continued to update and refine written accounting procedures
• Other Accounting
o Communicated with accountant and software support person in regards to how to
handle addition of money to A236 Assigned Funds
Up Coming
• Trainings & Meetings
o Seminar for Local Officials - June 14, Budget Process & Financial Reports
o Continue other training as needed
❑ AUD 2016
o Finalize 2016 AUD adjustments (hopefully)
• Audit 2016
o Continue preparation of documents required for the audit
o Audit site visit starting June 20 (hopefully complete by Jun 23)
• 2017 Financial Files
o Adjustments will need to be made to 2017 beginning balances in light of
corrections that needed to be made to 2016 financial records
• Other Accounting
o Research, review and resolve outstanding 2017 accounting
corrections/adjustments
• File Review
o Continue file review
PRIVILEGE OF THE FLOOR:
20
Mr. Dennis received complaints about Dubois Road. The county will work on the south end (from
Route 96 to Perry City Road) this season and the north end next season (next year).
Dr. Rob MacKenzie commented on agenda item 9a. He lives in the neighboring Town of Hector and
has studied health and safety issues related to the Finger Lakes salt layers. He feels that even with good
intentions, neither regulators (DEC) nor industry have been able to prevent salt -geology catastrophes
and referred to incidents in 1965, 1975 and 1995. He encouraged the board to pass the resolution
encouraging the DEC to have an open comment period.
Respectfully submitted by Carissa Parlato on 6/20/17.
21