HomeMy WebLinkAbout1994-04-12 - TB 9•
TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
April 12 , 1994
P resent : Supervisor Doug Rustic ; Councilpeople Thomas Reitz ,
Catherine - Stover -; • Ben Curtis , Robert - Weatherby ; Highway
S uperintendent James - Meeker ; Bookkeeper Jeanne -
✓ anderbilt ; Code • Enforcement . Officer Alex • Rachun ; Town
Clerk Marsha Georgia .
- -
Others Present : Scott Andrew & Jack - Little / Auditors , Chief Kevin
Roemer , Jim Scott ; Ruth Kahn , Dan Smith , Dave • Linn ,
✓ alerie Meeker , Marion Boratynski , Ali Oshinsky / Free
•
P ress , Charles - Lounsberry •: . -
•
S upervisor Austic called the Regular Meeting of . the , Ulysses Town
B oard to order - at 7 •: 30pm and led those -. in - attendance in - the
P ledge of Allegiance to , the • Flag ; of -. the - United - States • of : America .
Mr . Austic entertained a motion to approve the minutes of the
March 8 RegularYTown Board - Meeting ; moved by : Mr . • Reitz ., seconded
1 y - Mrs -. . Stover . • - • •• . _
Mr . Austic Aye -
Mr . Reitz . Aye -
Mrs . Stover Aye
Mr . Weatherby Aye
Mr . Curtis Aye
Approved .
Lis
Report : Trumansburg Fire Department
Kevin Roemer reported _ he had been _ re - elected Chief for another
year . ' Distributed a resolution to the Board regarding 911 .
proposal , and asked for support . County Board is meeting on this
tonight . Mr . Roemer wasn ' t able to answer many questions ;
information • will be available after • the - County - Board meeting .
.
In process of . purchasing new ambulance . - Read March . report and
left - copy - with = Board . • . .
Report : Representative Peter Meskill
Attending 911 County Board Meeting. -
H earinq . of : DeleQations and Individuals
Marion Boratynski thanked Mr . Austic for his letter and
understands the time - frame •for • tonight . Been struggling with how
to present . her •. perspective on . the . issue of using insecticides in
the community . . - , Would . like to read her letter . to give a • . feel as
to where she - is coming from . . It . took her a - long time before
arriving tonight -. to - get _ rid , of , the . anger that - had built . up -;
because - doesn ' t believe it ' s • anybodies - fault . • -It ' s the fault of
the system . , Ms . Boratynski : read- her , letter • as follows : • . . • .
. . . . . . I . • • . .. , - 4 •
April 12 , 1994
. : Doug . Austic - • - s - • -
Town _ Supervisor . -
Town- of • Ulysses
•
-. Dear Mr : Austic ,
Thank you for a very considerate response to my April 1
letter in which I have expressed concerns regarding the
Town ' s use of various pesticides in public areas , and the
need for an informative learning process to begin . This
r V -
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Town of Ulysses 2
Regular Town Board Meeting
April 12 , 1994
n eed is there , so that we as a community may pursue
appropriate research before deciding whether the so - called
" quick , easy and cheap " way of maintaining public right - of -
w ays is worth the environmental and health risks that may
e xist when using various pesticides .
I repeat my request that this informative learning process
begin prior to any further use of pesticides this spring or
summer by the Town Highway Department .
A public forum at a later date making more time available
for discussion of specifics regarding environmental and
h ealth issues would be an excellent way for this informative
learning process to begin . I would be very willing to help
o rganize and plan this forum with the Board ' s approval and
input .
This issue is far more serious and complicated than most of
us realize , and it is important that this issue be kept in
perspective . The Environmental Protection Agency ( EPA ) does
n ot guarantee the safety of the many pesticide products
approved for public use , and none of these products have
been tested on human tissue .
As stated in a publication produced by the Erie County Unit
o f the American Cancer Society , " pesticides are poisons
d esigned to kill a variety of plants and animals such as
insects ( insecticides ) , weeds ( herbicides ) and mold or
fungus ( fungicides ) . Pesticides include active ingredients
( chemical compounds designed to kill the target organisms )
and inert - ingredients which may be carcinogens or toxic
substances . "
The decision to use pesticides on privately owned lands
and / or in privately owned homes is a personal decision made
by that property owner , Iwith that property owner ' s consent ,
and a decision that hopefully will only have an effect on
that property owner .
The decision by an elected official / Town Highway Department
to use these pesticides on public areas - - cemeteries ,
✓ oadways , ditches carrying water into the streams and creeks
- - without public input , notification or consent is a
totally different issue .
I resent the fact that I am now too a victim of a pesticide
e xposure , an exposure without my consent , an exposure that
caused me to become quite ill for several months , an
exposure that has left me with a very low tolerance level to
chemicals , an exposure that is now taking me on that long
and lonely medical road , an exposure that has created a
second job filled with research for me to pursue , an
e xposure that has changed my life and will be with me
forever .
L ast July ' s intense , needless , senseless and very careless
chemical spraying ordered by Mr . Meeker / Town Highway
D epartment is proof that there is a real need for an
informative learning process , and for the sake of our
children and the children to come , it needs to begin here
and now .
Sincerely ,
Marion Boratynski
Mr . Austic said perhaps we should have a public forum ; can set it
up sometime in the near future . Mr . Curtis suggested that it be
County - wide , through Cooperative Extension . Ms . Boratynski said
I �
ghty „
Town of Ulysses 3
Regular Town Board Meeting
April 12 , 1994
w e will have to come up with a couple of dates . Mr . Reitz
pointed out that DOT also regulates what our responsibilities are
regarding highway right - of - way maintenance , so need to hear that
too . Mr . Austic said the Board will look into this and get back
to Ms . Boratynski .
Jack Little representing Ciaschi , Dietershagen , Little and
Mickelson introduced himself and stated he would like to review
the audit that was just conducted . Began with stating that it
w as a successful audit . Want to point out Fund Balances ; as of
D ecember 31 , 1993 the Town had $ 108 , 741 . 00 ; there is no law that
says how much fund balance you can have , general guidelines about
10 % of your budget so based on that about $ 30 , 000 . , so your fund
balance is pretty healthy . NY State would probably write you up
for that ; we would encourage you to look at these balances .
Additionally have reported on your internal control . Would
advise the Board to consider . a Procurement Policy , also an
Investment Policy ( one you have doesn ' t comply as it should ) .
Would also recommend more definition in a couple of areas of the
P ersonnel Policy .
Mr . Austic stated that the Board ' has passed a Procurement Policy .
Looking at an Investment Policy and working at revising the
P ersonnel Policy .
Mr . Austic said that before getting into Claims he would like a
motion to transfer $ 500 . from DA5148 . 01 to DA5142 . 01 to cover the
account ; moved by Mr . Reitz , seconded by Mrs . Stover and
unanimously approved .
CLAIMS '
Mr . Austic entertained a motion to approve the Claims # 69 - 116 ,
w ithholding # 97 , in the amount of $ 19 , 801 . 05 ; moved by Mr .
W eatherby and seconded by Mr . Reitz .
Mr . Austic Aye
. Mr . Reitz Aye
Mrs . Stover Aye
Mr . Weatherby Aye .
Mr . Curtis Aye
Approved .
REPORTS
Town Clerk , Marsha Georgia , reported $ 1 , 135 . 50 collected for the
month of March of which $ 893 . 30 was turned over to the Supervisor
w ith the monthly report .
Tax - Collection of $ 73 , 895 . which is being paid to the County .
$ 699 . 96 was collected in - penalties .
H ad fifty copies of Subdivision Books made .
Highway Superintendent , James Meeker ' reported plowing and
salting . - Working on equipment and patching some holes .
Code Enforcement Officer , Alex Rachun4 reported three permits
issued . Four BZA hearings scheduled . Master Plan is needing
some outside help to gather data and at this point we are turning
to Tompkins County Planning Department . Have met ' and given them
information on - what we need and they will ' come back with a
contract : — - .
Board Members - Mr . Reitz announced a meeting of Tompkins County
P lanning on Wednesday , April 13 . Also , Intermunicipal Task Force
is looking to - develop goals for this summer .
Town of Ulysses 4
Regular Town Board Meeting
April 12 , 1994
Mrs . ' Stover announced a Planning Meeting April 26 .
S upervisor ' s Financial Report .
N o questions .
O LD BUSINESS
Investment Policy - Mr . Reitz moved , seconded by Mr . Curtis the
following : RESOLVED : that the Town of Ulysses approve the
Investment Policy as follows :
INVESTMENT POLICY
FOR THE TOWN OF ULYSSES
I . SCOPE
This investment policy applies to all moneys and other
financial resources available for investment on its own behalf or
on behalf of any other entity or individual .
II . OBJECTIVES
The primary objectives of the local government ' s
investment activities are , in priority order ,
* to conform with all applicable federal , state and
other legal requirements ( legal ) ;
* to adequately safeguard principal ( safety ) ;
* to provide sufficient liquidity to meet all operating
requirements ( liquidity ) ; and
* to obtain a reasonable rate of return ( yield ) .
III . DELEGATION OF AUTHORITY
The governing board ' s responsibility for administration
of the investment program is delegated to the Town Supervisor who
shall establish written procedures for the operation of the
investment program consistent with these investment guidelines .
S uch procedures shall include an adequate internal control
structure to provide a satisfactory level of accountability based
on a data base or records incorporating description and amount of
investments , transaction dates , and other relevant information
and regulate the activities of subordinate employees .
IV . PRUDENCE
All participants in the investment process shall seek
to act responsibly as custodians of the public trust and shall
avoid any transaction that might impair public confidence in the
Town of Ulysses to govern effectively .
Investments shall be made with judgment and care , under
circumstances then prevailing , which persons of prudence
d iscretion and intelligence exercise in the management of their
own affairs , not for speculation , for investment , considering the
safety of the principal as well as the probable income to be
d erived .
All participants involved in the investment process
shall refrain from personal business activity that could conflict
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Town of Ulysses 5
Regular Town Board Meeting
April 12 , 1994
with proper execution of the investment program , or which could
impair their ability to make impartial investment decisions .
✓ . DIVERSIFICATION
It is the policy ' of the Town of Ulysses to diversify
its deposits and investments by - financial institution , by
investment instrument , and by maturity scheduling .
✓ I . INTERNAL CONTROLS
- ■ a
It is the policy of the Town of Ulysses for all moneys
collected by any officer or employee of the government to -
transfer those : . funds to : the ( chief : fiscal . officer ) within fifteen
( 15 ) days of deposit ; ' or • within ' the ' time period specified in law ,
whichever is shorter . - . . : . - . -
•
4 The : Town : Supervisor is : responsible for establishing and
maintaining • an . internal -. control structure to provide reasonable ,
but not absolute , : assurance : that deposits and investments . are ' -
safeguarded against loss from •: unauthorized : use . or disposition ,
that transactions are executed in accordance with management ' s
authorization and - recorded : properly :, : and = are . managed in
compliance : with °. applicable - laws : and regulations .. - - .
x
VII . DESIGNATION . OF : DEPOSITARIES - . _ -
. . , . , . .
. The banks . and ' trust companies authorized for the
deposit of . monies : up - to the maximum amounts are :
. - - _ -
- - -. . , - .
Depository Name Maximum Amount Officer -
Tompkins - Co . Trust Co . Variable
✓ III . COLLATERALIZING OF DEPOSITS
In accordance with the _ provisions of General Municipal
L aw , s 10 , : all deposits of _ Town _ of : : Ulysses ., including
certificates - of - deposit and special . time deposits ; in excess of
the amountiinsured : under : the -_ proVisions : of the Federal Deposit
Insurance Act shall be secured :
•
- -
1 . By a pledge of " eligible securities " with an
aggregate amount : of : deposits from the categories
designated in Appendix A to the policy .
• f ' : 1 .
2 . By an eligible " irrevocable letter of credit "
r - issued : by a qualified , bank other than the bank
. withorthe - deposits : in favor of - the government for a
term . not to exceed : 90 : days with . an : aggregate value
e qual to 140 % of the aggregate • amount . - of deposits
and the agreed upon interest , if any . A qualified
bank _ is : onetwhose ., commerciab : paper . and other
unsecured short - term debt obligations are rated in
one . of the : three :. highest _ rating := categories by at
least : one _ nationally recognized :_ statistical rating
or-,ganization7or :by : a abank . that : is : in :. compliance
w ith applicable federal minimumt- risk - based capital
✓ equirements .
_ . r. '
3 . By an . eligible . :surety : bond pay. able . , to :. the
government : for . an amount - at : Least .. equal to 100 % of
thev. aggregate : amount : of depositscand :a he agreed
uponainterest ; if : any ;. executed : by _ an : insurance
company authorized to do business in New York
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Town of Ulysses 6
Regular Town Board Meeting
April 12 , 1994
S tate , whose claims - paying ability is rated in the
h ighest rating category by at least two nationally
recognized statistical rating organizations .
IX . SAFEKEEPING AND COLLATERALIZATION
Eligible securities used for collateralizing deposits
shall be held by _ a third party bank or trust company subject to
security and custodial agreements .
The security agreement shall provide that eligible
securities are being pledged to secure local government deposits
together with agreed upon interest , if any , and any costs or
expenses arising out of the collection of such deposits upon
d efault . It shall also provide the conditions under which the
securities may be sold , presented for payment , substituted or
✓ eleased and the events which will enable the local government to
e xercise its rights against the pledged securities . In the event
that the securities are not registered or inscribed in the name
o f the local government , such securities shall be delivered in a
form suitable for transfer or with an assignment in blank to the
Town of Ulysses or its custodial bank .
The custodial agreement shall provide that securities
h eld by the bank or trust company , or agent of and custodian for ,
the local government , will be kept separate and apart from the
g eneral assets of the custodial bank or trust company and will
n ot , in any circumstances , be commingled with or become part of
the backing for any other deposit or other liabilities . The
agreement should also describe that the custodial shall confirm
the receipt , substitution or release of the securities . The
agreement shall provide for the frequency of revaluation of
eligible securities and for the substitution of securities when a
change in the rating of a security may cause ineligibility . Such
agreement shall include all provisions necessary to provide the
local government a perfected interest in the securities .
X . PERMITTED INVESTMENTS
As authorized by General Municipal Law , sll , the Town
o f Ulysses authorizes the Town Supervisor to invest moneys not
✓ equired for immediate expenditure for terms not to exceed its
projected cash flow needs in the following types of investments :
* Special time deposit accounts ;
* Certificates of deposit ;
* Obligations of the United States of America ;
* Obligations guaranteed by agencies of the United
States of America where the payment of principal and
interest are guaranteed by the United States of
America ;
* Obligations of the State of New York ;
* Obligations issued pursuant to LFL s24 . 00 or 25 . 00
( with approval of the State Comptroller ) by any
municipality , school district or district corporation
other than the Town of Ulysses ;
* Obligations of public authorities , public housing
authorities , urban renewal agencies and industrial
development agencies where the general State statutes
governing such entities or whose specific enabling
legislation authorizes such investments .
Town of Ulysses 7
Regular Town Board Meeting
April 12 , 1994
* Certificates of Participation ( COPs ) issued pursuant
to GML s109 - b .
* Obligations of this local government , but only with
any moneys . in a reserve fund established pursuant to
GML ° ss6 - c06 - d , 6 - e , 6 - h , 6 - j , 6 - k , 6 - 1 , 6 - m , or 6 - n .
All investment obligations shall be payable or
redeemable at the option of the Town of " Ulysses within such times
as the proceeds will be needed to meet expenditures for purposes
for which the moneys were provided and , in ' the • case - of
obligations purchased with the proceeds of bonds or notes , shall
be payable or redeemable at the option of the Town of Ulysses
within two years of = the date of purchase : ' • • .
•
XI . AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS
The Town of . Ulysses shall maintain a list of financial
institutions and dealers approved for - ' investment purposes and
e stablish appropriate limits to the amount of investments which
can be made . .with each financial institution or dealer . All
financial institutions with - which the local government conducts
business must be credit worthy : • Banks shall provide - their most
✓ ecent Consolidated Report of Conditions ( Call Report ) at the
✓ equest of : the : Town . of Ulysses : Security dealers - not affiliated
w ith a bank shall be required to be classified as reporting
dealers affiliated with the New York Federal Reserve Bank , as
primary dealers . The Town Supervisor is responsible for
evaluating the financial position and maintaining a listing of 1
proposed depositaries , trading partners and custodians . Such
listing shall be evaluated at least annually .
XII . PURCHASE OF INVESTMENTS
The Town Supervisor is ' authorized - to • contract for the
purchase of investments :
_ a � - '
•
_ : 1 . . Directly , including through ' a repurchase
agreement , from an authorized trading partner .
2 . By participation in a cooperative investment
progr. amwith another authorized governmental
entity pursuant to Article 5G Of the General
Municipal:- Law ' where • such " . program meets ' all the
requirements set forth . ' in • ' the Office of - the State
Comptroller Opinion No . 88 - 46 , and the specific
• program - has been authorized • by ' the " " governing
board - _i . .
3 . By utilizing an ongoing investment program with an
authorized trading partner pursuant to a contract
authorized . by the governing '-board : -
e • . . , _
All purchased obligations , unless registered or
inscribed in the name of the local government ; shall be purchased
through , deliverethto and ' held • in the custody • , of a -bank • or trust
company . Such obligations shall be purchased , ' sold or presented
for redemption or payment by such bank or trust company only in
accordance with =prior. written authorization • - from the officer
authorized to _ make . the . investment .- All such transactions shall
be confirmed in . writing . toe. the Town of Ulysses by - the ' bank or
trust company . Any obligation . held in the custody of a - bank or
trust company shall be held pursuant to a written custodial
agreement -..as described _ in • General Municipal - Law , : s10 .
- e _
The custodial agreement shall provide that securities
held by the bank or trust company , as agent of and custodian for ,
the local government , will be : . kept separate and apart from the
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Town of Ulysses _ . 8
Regular Town Board Meeting
April 12 , 1994 , - -
general assets of ;the• ,custodi,`aa, ba_n_kg or truset_ ;company and will
not , in any circumstances , be commingled -with. • or_ become part of
the backing for any other deposit or other liabilities . The
agreement shall describe -how the cusvtodian ; s:ha,l l confirm the
receipt and release, .ofd ; t-he ,-securiaes . Such agreement shall
include all provisions . necessary,-, to provide the local government
a perfected interest in the securities .
. ,
XIII . REPURCHASE -AGREEMENTS
Repurchase agreements . are . authorized subject to the
following restrictions : . -
* A11 repurchase agreements must be entered into subject
to a Master Repurchase Agreement .
* Trading partners are limited to banks or trust
companies authorized to do business in New York State
and primary reporting dealers .
•
* Obligations shall be limited to obligations of the
United States of America and obligations guaranteed by
agencies of the United States of America .
* No substitution of securities will be allowed .
* The custodian shall be a party other than the trading
partner .
APPENDIX A
Schedule of Eligible Securities
( i ) Obligations issued , or fully insured or guaranteed as to the
payment of principal and interest , by the United States of
America , an agency thereof or a United States government
sponsored corporation .
( ii ) Obligations issued or fully guaranteed by the International
B ank for Reconstruction and Development , the Inter - American
D evelopment Bank , the Asian Development Bank , and the
African Development Bank .
( iii ) Obligations partially insured or guaranteed by any agency of
the United States of America , at a proportion of the Market
Value of the obligation that represents the amount of the
insurance or guaranty .
( iv ) Obligations issued or fully insured or guaranteed by the
State of New York , obligations issued by a municipal
corporation , school district or district corporation of such
S tate or obligations of any public benefit corporation which
under a specific State statute may be accepted as security
for deposit of public moneys .
( v ) Obligations issued by states ( other than the State of New
York ) of the United States rated in one of the three highest
rating categories by at least one nationally recognized
statistical rating organization .
( vi ) Obligations of Puerto Rico rated in one of the three highest
rating categories by at least one nationally recognized
statistical rating organization .
( vii ) Obligations of counties , cities and other governmental
•
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own of Ulysses 9
Regular Fawn Board Meeting
April 1 , 1994
entities of a state other than the State of New York having
the power to levy taxes that are backed by the full faith
and credit of such governmental entity and rated - in one of
the three ' highest rating categories by at least one .
natibha n y recognized statistical - rating organization ,
( viii ) Obligations - of domestic corporations rated in - one of the
' two highest rating categories brat least one nationally -
recognized statistical rating organization .
( ix ) Any mortgage related securities , as defined - in the
Securities Exchange • Act of . 1934 , as amended , - which maybe
iurchased -• by banks under the limitations establ i shed • by - bank
regul- atory ' • age cies . . . . . .
( x ) Commercial paper and bankers acceptances issued by a bank ,
other than the Bank , rated in ' the highest short term
category by at least one nationally recognized statistical
rating organization and having ' maturities of - riot - longer than
60 days from the date they are pledged , i
( xi ) Zero coupon obligations of the United States government '
marketed at " Treasury strips " .
•
Hearing naldiscussion , the Board voted ' as foLlaws : .
Mr . Austic Aye
. . - H r . Reitz - - Aye . _
Mr- s . i Stover - - I Aye
Mr . Weatherby , • Aye .
Mr . Curtis - Aye - . .
Adopted .
Fair Board Requests
Mr . Austic said that thishas basically been taken care of .
Waiting for insurance certificate in order to approve fireworks .
- .
NEW BUSINESS -
•
Bus Stops
Mr . Austic said that it seems that a couple of the bus shelters
will be done this spring rather than 1995 . Probably in the
Village . Mr . Reitz said one is at the Park And Ride , another at
the school . Mr . Austic said they are contemplating a third , not
sure where as yet . May be a reimbursement ( for concrete pads ) of
funds payable two years after the project . Has been no mention
of who maintains these shelters or repairs in the event of
damage .
Plannzn Board Re nest
Quotes haven ' t been received from the County .
Personnel Policy
Mr . Austic asked if there was someone who would like to review
this regarding accrued time and how it ' s used at
termination / retirement , Mr . Reitz said he would be happy to look
it over .
Mrs . Georgia asked if something concerning Harassment will he
added ? Mr . Reitz said he can look at Cornell ' s policy and other
Towns and municipalities . Mr . Curtis said he will look into
other policies also .
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Town of Ulysses 10
Regular Town Board Meeting .
April 12 , 1994
. Bike Trail _
_ Mr . Austic sid _ he has received several . telephone calls regarding
this proposed _ , trail between Ithaca , and , Geneva , and Federal Grant
money is being used . Jim . Scott spoke against the trail . Mr .
Reitz ' said a couple of years ago he heard major opposition from
people living along the proposed path - way . Dan Smith also is
against it . . . couldbe a real liability problem if it is on your
property .
Peter Meskill said he understands it ' s suppose to be an eight
foot wide blacktop path . Not sure if there will be any
✓ esponsibility on the part of the Town . . After brief discussion
Mr . Reitz moved , seconded by Mr . Curtis that Supervisor Austic
w rite a letter on behalf of the Town of . Ulysses seeking more
information and the status of the Bike Trail .
Mr . Austic Aye
Mr . Reitz Aye
Mrs . Stover Aye
Mr . Weatherby Aye
Mr . Curtis Aye
Approved
Mr . Reitz stated he will be meeting with and going over plans for
the Town Hall with an architect . He will be submitting a
proposal . Mr . Curtis said we need to talk about what our space
n eeds are . Mr . Reitz said he would be happy for any input .
Mr . Meskill ( arriving after his County meeting ) talked briefly
about the bus stop shelters / volunteer labor to do pad work ; also
Solid Waste is considering a clean - up day in September / finding
o ut from individual municipalities how they feel . No tipping
fees will be charged . Talked briefly about 911 .
Correspondence
Mr . Austic reviewed correspondence he has received .
H earing no further business Mr . Austic entertained a motion to
adjourn , moved by Mr . Reitz , seconded by Mrs . Stover .
U nanimously approved the meeting adjourned at 9 : 40pm .
Respectfully submitted ,
Marsha L . Georgia
Town Clerk