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HomeMy WebLinkAbout1997-11-20 - TB 390 TOWN OF ULYSSES SPECIAL BOARD MEETING November 20, 1997 PRESENT: Supervisor Douglas Austic, Councilpeople Catherine Stover, Carolyn Duddleston, Peter Penniman and Robert Weatherby; Town Clerk Marsha L. Georgia Others Present: Grace Wolf, Free Press Reporter Mr. Austic called the meeting to order at 5 : 45 PM. Supervisor Austic stated that he had called the Attorney at the Association of Towns, as Highway Superintendent Meeker had suggested, and he explained the situation of the footbridge. The Attorney at the Association had a problem with whether it is a highway bridge at all, because Highway Law states "Highway Bridge carries a load and traffic". He also says after a street has been given up the bridge goes nowhere. He recommended to Mr. Austic that the Town' s best, bet to eliminate liability, is to have the Village put on notice that it is not considered a highway bridge. Than it would be up to the Village to prove that it is a highway bridge . Mr. Austic reviewed the newest resolution he has received from Attorney Bruce Wilson regarding the Quitclaim Deed for Gregg St. the Board also reviewed the minutes from 1935 through 1940 in reference to the Gregg Street Bridge. Attorney Wilson stated that he feels the resolution passed in May 15t, 1940 stating that the Town wishes the Village to take over the bridge or it will be removed to be included in the resent resolution he put together. Mr. Austic entertained the following resolution, moved by Mr. Penniman and seconded by Mrs. Duddleston: BE IT RESOLVED by the TOWN OF ULYSSES Town Board November 20th, 1997 : WHEREAS, the Village of Trumansburg has requested the Town Board to Quitclaim Deed any interest it may have in and to Gregg Street in the Village of Trumansburg and TOWN OF ULYSSES being a public street deeded to the Town of Ulysses on November 15th, 1871 and recorded January 17th, 1873 in Liber 3 of Ulysses Deeds at page 577; and WHEREAS, the expected action will have no negative effect on the Town and in fact, benefit the Town; and WHEREAS, a portion of the street is being discontinued as the road and terminates at a pedestrian bridge ; and WHEREAS, a foot bridge exists half over lands to be private property; and WHEREAS, the Town will not be owner of the Village Street or of the lands to be discontinued as a public street by the Village; and WHEREAS, said foot bridge is approximately 4 feet wide and apparently movable and intended to be moved to said private lands does not serve as a highway under the Highway Law; and WHEREAS, this foot bridge cannot be used as a thoroughfare between public ways nor has it been maintained as a Town bridge for over twenty years; and WHEREAS, the Town is only required to maintain bridges within the Village under Village Law if it is a public bridge used for highway purposes; and WHEREAS, the TOWN OF ULYSSES passed the foregoing resolution on May 15th, 1940; J3\ TOWN OF ULYSSES 2 Special Meeting 11 -20-97 RESOLVED: THAT THE TOWN BOARD OF ULYSSES REQUEST THAT THE VILLAGE OF TRUMANSBURG ASSUME ALL RESPONSIBILITY OF THE FOOT BRIDGE ON GREGG ST. IN TRUMANSBURG AS THE TOWN OF ULYSSES WILL NOT BE RESPONSIBLE AFTER JUNE 3RD, 1940, OTHERWISE IT WILL BE NECESSARY TO REMOVE BRIDGE. NOW THEREFORE, the TOWN OF ULYSSES hereby Resolves the Gregg Street foot bridge is not a Town charge under S6-604 of the Village Law in that it is a private foot bridge leading to private property being partly on private property; and THE TOWN FURTHER RESOLVES that the foot bridge does not, in its opinion, meet the definition of a public highway bridge and the Town will not maintain same, and ; may be moved in the owners discretion without Town expense or responsibility therefore. NOW THEREFORE, the Town Board hereby authorizes the Town Supervisor to execute a Quitclaim Deed to the Village of Trumansburg for the entire street referred to above for ($ 1 . 00) One Dollar. The attached deed represents the description to be conveyed ; and attached survey shows the areas to be abandoned inclusive of foot bridge. Mr. Austic aye Mrs . Stover aye Mrs. Duddleston aye Mr. Penniman aye Mr. Weatherby aye Adopted . Mrs. Georgia will certify this resolution to go with the Quitclaim Deed that Supervisor Austic will sign and return to the Village. 1998 BUDGET MODIFICATIONS Mr. Austic stated that he had been reviewing the budget and feels that putting in an additional $ 15 ,000 in Contingency for a possible lawsuit would be increasing taxes for a maybe. The board discussed this and the general consensus of the Board was not to increase this by $ 15 ,000 . Mr. Austic stated that he is in receipt of a check from the County for Mortgage Tax for over $23 , 000. This will put the Town over by around $ 10, 000 on that revenue and there is still another quarter to go . Mrs. Duddleston asked that the Town Historian line item be increased. Mrs. Northrup does a good job and puts in a lot of time on keeping the historical records. Mrs. Northrup also asked that the record room be organized so she could get to her records. Mrs. Georgia stated that the record room is on hold until the highway crew has time to bring the shelves and install them in the room. The board spoke of increasing the Historian ' s salary to $650 . a year. Mrs. Georgia had previously submitted a request to increase the Election Inspectors and Machine Custodians rate for election work. The board felt that they could increase that line item and is more in line with the rest of the Towns in the County. It would have to be raised about $ 1000 . The Board discussed the information that they had received from Justice Rector. Mrs. Duddleston stated that she felt that what he had presented was not really a plan or was more or less what he would like to do. They discussed what they had previously discussed and came to the determination that the adju*tment to the tentative budget 5q TOWN OF ULYSSES 3 Special Meeting 11 -20-97 remains the amount for the clerk wages of $9479 for each Justice. This would allow 36 total hours for clerking at a rate of $ 10 per hour, 18 hours per Justice a week. Hearing no further discussion on the Preliminary Budget Mrs. Stover moved seconded by Mrs. Duddleston the following: RESOLVED that the Town Board of the TOWN OF ULYSSES adopts the Preliminary Budget as presented with the change in line item A1450 . 04 to be $4000 and line item A7510 . 01 to be $650. Mr. Austic aye Mrs. Stover aye Mrs. Duddleston aye Mr. Penniman aye Mr. Weatherby aye Mr. Austic stated that with these changes it should bring the tax rate to around $ 1 . 68 per thousand . He will re-run the budget as adopted and give the Board copies. Mr. Penniman stated that he would like to have it put on record that it is his understanding that the Highway Superintendent has the responsibility to file a Capital Statement of Equipment on the original cost and the expected replacement dates for his equipment . for 1998 for the highway department . Mr. Austic stated that Mr. Meeker had presented "An Agreement for the Expenditure of Highway Monies". He will make copies for the Board. Hearing no further business Mrs. Duddleston moved seconded by Mrs. Stover to adjourn the meeting. Hearing no objection the meeting was adjourned at 7 : 00 PM. Respectfully submitted, MARSHA L GEORGIA Ulysses Town Clerk MLG: mg