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HomeMy WebLinkAbout2021-12-14-TB-FINAL-minutesTOWN BOARD MEETING Town of Ulysses December 14, 2021 Audio of the minutes are available on the website at ulysses.ny.us. The meeting was held via videoconference on the Zoom platform. Videoconference chat is saved in the appendix. Notice of Town Board meetings are posted on the Town’s website and Clerk’s board. CALL TO ORDER: Ms. Zahler called the meeting to order at 7:02pm. ATTENDANCE: The Town Clerk called the roll: TOWN OFFICIALS PRESENT: Supervisor- Nancy Zahler Board members- Michael Boggs, Katelin Olson, Rich Goldman, Mary Bouchard Town Clerk- Carissa Parlato Budget Officer- Michelle E. Wright Conservation & Sustainability Advisory Committee Chair- Roxanne Marino Planning Board Chair- Linda Liddle OTHERS: Anne Koreman, Tompkins County Legislator APPROVAL OF AGENDA: RESOLUTION #219 of 2021: APPROVAL OF MEETING AGENDA BE IT RESOLVED that the Ulysses Town Board approve the agenda for Dec. 14, 2021 with the additions of resolutions for insurance and to rescind offer for Town Planner. Ms. Olson requested to add a resolution of recognition. Moved: Mr. Goldman Seconded: Ms. Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 PRIVILEGE OF THE FLOOR: (none) CONSENT AGENDA: WHEREAS, the Ulysses Town Board has reviewed the following resolutions thoroughly and is satisfied that the resolutions are sufficiently clear and do not require further explanation or discussion, now therefore be it that the following resolutions are approved as printed: RESOLUTION #220 OF 2021: SETTING A PUBLIC HEARING ON THE 2022 AGREEMENT WITH THE VILLAGE OF TRUMANSBURG TO PROVIDE FIRE PROTECTION FOR THE TOWN OF ULYSSES RESOLVED, in accordance with §184 of New York State Town Law, the Town Board of the Town of Ulysses will hold a public hearing via ZOOM on Tuesday, January 11, 2022 at 7:00 p.m. for the purpose of receiving comments on the 2022 Fire Protection Agreement with the Village of Trumansburg to provide fire protection for the Fire Protection District of the Town of Ulysses; and further RESOLVED, that access details for how to participate in the Public Hearing shall be posted on the Town of Ulysses website at www.ulysses.ny.us at least 24 hours prior to the date of the hearing. The purpose of the public hearing is for all persons wishing to comment in favor or against the 2022 Fire Protection Agreement with the Village of Trumansburg to have an opportunity to provide their comments thereon, and be it further RESOLVED, that in addition to participation in the public hearing, all members of the public wishing to submit written comments on the proposed local law may do so in writing addressed to the Town Clerk at 10 Elm Street, Trumansburg, NY 14886 or by email to clerk@ulysses.ny.us, and be it further RESOLVED, that the Town Clerk is directed to publish notice of said hearing in the Ithaca Journal as required by law and the Town Board authorizes payment of expenses associated with said publications. RESOLUTION #221 of 2021: AUTHORIZING THE HIGHWAY SUPERINTENDENT TO PURCHASE VOLVO HYDRAULIC CRAWLER EXCAVATOR WHEREAS, resolution 202 of 2021 authorized the use of the DA233/DA878 Highway Equipment Reserve Fund to use for part of the purchase of the Volvo Hydraulic Crawler Excavator, subject to permissive referendum, and authorized publication of the permissive referendum, and WHEREAS, the permissive referendum was published on November 12, 2021 and WHEREAS, no petition was received by the Town within the 30 days ending December 9, 2021, and WHEREAS, extensive lead times are required for this equipment and it is beneficial to the Town to place the order for the Volvo Hydraulic Crawler Excavator as soon as possible; now therefore be it RESOLVED, that the Ulysses Town Board authorizes the Highway Superintendent to purchase the Volvo Hydraulic Crawler Excavator. RESOLUTION #222 OF 2021: RECOGNIZING INTER-FUND LOAN FROM A FUND BALANCE TO CAPITAL FUND HB ACROSS FINANCIAL YEARS WHEREAS The Cemetery Road Bridge Replacement Project is a multi-year, grant reimbursed project, and WHEREAS the Ulysses Town Board authorized an interfund loan to the HB Capital Fund, created exclusively for the Cemetery Road Bridge Replacement Project, by resolution #s 2019-160, 2020-238, and 2021-192; and WHEREAS the Ulysses Town Board wishes to acknowledge that the NYS Office of the State Comptroller prefers that interfund loans are paid back within a single financial year, or as soon as reasonably possible; and, in cases where that is not possible, formal documentation and Board authorization is recommended, therefore be it RESOLVED that the Town of Ulysses Town Board recognizes that the $300,000 owed from the HB Capital Fund (HB630 Due to Other Funds) to the A Fund (A391 Due from Other Funds) will exist in the financial records of the 2020, 2021 and 2022 financial years. RESOLUTION # 223 OF 2021: AUTHORIZATION TO EXECUTE SHARED SERVICES AGREEMENT BETWEEN NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND THE TOWN OF ULYSSES WHEREAS, to make the most efficient use of local and state tax-supported resources to maintain State and Municipal roads; now therefore be it RESOLVED, that the Town of Ulysses authorizes the Highway Superintendent to sign the Shared Services Agreement for a period of four year period beginning January 1, 2022. Moved: Ms. Bouchard Seconded: Ms. Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 OLD BUSINESS: RESOLUTION # 2021-224: RE-STATING THE INTENT OF THE “A236 / A915 ASSIGNED FUNDS” WHEREAS Resolution # 167 of 2020: Re-Stating The Intent Of The “A236 / A915 Assigned Funds” established the intent of the Assigned Funds at that time, and WHEREAS, since that resolution there have been two additional assigned funds, and WHEREAS, the Town of Ulysses (“Town”) has various Assigned Funds where sums of money have been set aside for specific use, and WHEREAS, these Assigned Funds are allowed in the General Funds (the “A fund”) and less formal than reserves allowed by the New York State Office of the State Comptroller, and WHEREAS, the appropriation of these assigned funds do not require a permissive referendum or public hearing, and WHEREAS, the Town would like to re-state the intent for the assigned funds based the 2021 budgeting process and on notes left in the previous budget years when funds were added to the Assigned Funds, RESOLVED, the following list of Assigned Fund titles are followed by the intended purpose of the fund when it was first earmarked: 1. A915.1 Youth Recreation Reconciliation Account: the intent of this assigned fund is to hold any surplus funds remaining at the end of each program year per the 2019 MOU with the Village of Trumansburg. The source of the funding comes from any recreation program savings in jointly funded youth recreation programs. Future use for recreation or youth programs to be decided jointly by Town and Village. 2. A915.2 Recreation: the intent is to earmark funds for future expenses related to parks and other public spaces. The source of the funds was prior year appropriations for completion of the Black Diamond Trail, which were not needed once the NYS Department of Parks, Recreation and Historic Preservation completed the Trail. 3. A915.3 Audit: the intent is to earmark funds for future expenses related to the cost of auditing services. 4. A915.4 Legal: the intent is to earmark funds for future expenses related to legal costs above and beyond the budgeted amount. 5. A915.5 Youth: the intent is to earmark funds for future expenses related to youth commission. The source of these funds includes donations made to the Town for youth programs. 6. A915.6 Environmental Protection: the intent is to earmark funds for future expenses related to purchase or lease of land from farmers for environmental reasons e.g. buffer strips, stormwater retention ponds, or other ditch remediation best practices. 7. A915.7 Tburg Community Recreation Reserve: the intent is to earmark funds for the development of community recreation facilities endorsed by the Town Board, Village, School Board, and the Trumansburg Community Recreation Board of Directors, or, in the absence of a joint group, at the discretion of the Ulysses Town Board. 8. A915.8 Cemetery Repair: the intent to earmark funds for future repairs for Town-owned cemeteries. 9. A915.9 NYSERDA Grant Funds: Clean Energy Communities Program the intent of these funds is to be used in accordance with stipulations of the grant to promote clean energy initiatives. Moved: Ms. Bouchard Seconded: Ms. Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 RESOLUTION # 2021-225: ESTABLISHING THE “DB231 / DB879 REPAIR RESERVE FUND” OF THE TOWN OF ULYSSES UNDER SECTION 6-D OF THE GENERAL MUNICIPAL LAW WHEREAS, the 2021 Town of Ulysses budget included the creation of a repair reserve in the DB fund, and WHEREAS, there is no referendum requirement for the establishment of a repair reserve fund, appropriations out of a repair reserve fund are subject to public hearing as prescribed by law, and WHEREAS, in an emergency, appropriations out of this repair reserve fund are allowable without a public hearing as long as a resolution for appropriation is approved by at least two-thirds vote of the full Town Board (not just members present at a meeting), as well as the requirement that at least one- half of the expenditure is repaid in the next fiscal year, and the balance repaid by the end of the fiscal year after that, and RESOLVED by the Town Board of the Town of Ulysses, duly convened in regular session as follows: That pursuant to N.Y. GML 6-d there be and hereby is established a repair reserve fund in the DB fund. Such repair reserve fund is to be known as the “DB231 / DB879 Repair Reserve Fund.” Such additional sums as may hereafter be appropriated shall become part of DB231 / DB879 Repair Reserve. The Town Supervisor, in her/his discretion, may invest the moneys in the fund in the manner provided in section 6-f of the General Municipal Law of the State of New York. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become a part of the reserve fund. No expenditure shall be made from the reserve fund except by authorization of the Town Board of the Town of Ulysses pursuant to the provisions of section 6-d of the General Municipal Law of the State of New York. This resolution shall take effect immediately. Moved: Ms. Olson Seconded: Ms. Bouchard Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 RESOLUTION 2021-226: ESTABLISHING THE “SW3-231 / SW3-883 VEHICLE RESERVE FUND” OF THE TOWN OF ULYSSES A SPECIFIC CAPITAL RESERVE FUND FOR THE SW3 FUND VEHICLE UNDER SECTION 6-C OF THE GENERAL MUNICIPAL LAW, SUBJECT TO PERMISSIVE REFERENDUM WHEREAS, there is a requirement to state the specific purpose and estimated maximum cost of the equipment in the resolution establishing a Specific Capital Reserve Fund, and WHEREAS, the purpose of this Reserve Fund is to accumulate moneys to finance the water district’s share of the cost of a vehicle for the use of Water District’s 3 operations, with the estimated maximum cost of $35,000, and WHEREAS, the 2021 Town of Ulysses Budget specified the creation and addition of this specific reserve, now therefore be it RESOLVED by the Town Board of the Town of Ulysses, duly convened in regular session as follows: That pursuant to N.Y General Municipal Law (N.Y. GML) §6-c there be and hereby is established a specific capital reserve fund to cover the cost of the future purchase of SW3 fund vehicle. Such specific capital reserve fund is to be known as the “SW3-231 / SW3-883 Vehicle Reserve Fund.” Such additional sums as may hereafter be appropriated shall become part of the SW3-231 / SW3-883 Vehicle Reserve Fund. The Town Supervisor, in her/his discretion, may invest the moneys in the fund in the manner provided in section 6-f of the General Municipal Law of the State of New York. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become a part of the reserve fund. No expenditure shall be made from the reserve fund except by authorization of the Town Board of the Town of Ulysses pursuant to the provisions of section 6-c of the General Municipal Law of the State of New York. The Chief Fiscal Officer of the Town shall account for this fund in the manner outlined in N.Y. GML 6- c(10). 8. In accordance with N.Y. General Municipal Law Section 6-c(11) the members of the Town Board for the duration of their respective terms on the board are hereby declared trustees of this SW3-231 / SW3-883 Vehicle Reserve Fund and shall be subject to all the duties and responsibilities imposed by law on trustees. This resolution shall take effect on the day following the thirtieth day after publication of notice by the Town Clerk regarding its adoption stating that it is subject to a permissive referendum unless a petition for referendum is received by the Town Clerk by the requisite number of voters in which case the resolution shall only become effective upon being certified by the Board of Elections as adopted following a duly held election. FURTHER RESOLVED that pursuant to General Municipal Law 6-c, this resolution is subject to permissive referendum conducted in accordance with Article 7 of the N.Y. Town Law; and be it FURTHER RESOLVED that the Town Clerk will post public notice of the permissive referendum in accordance with law and provide a copy of such notice to the Town Supervisor. Moved: Ms. Olson Seconded: Ms. Bouchard Ms. Olson and Bouchard agreed to move a friendly amendment to add “the water district’s share of” in the 2nd “Whereas…” Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 RESOLUTION #227 of 2021: AUTHORIZATION TO SECURE GENERAL LIABILITY AND CYBER INSURANCE FOR 2022 WHEREAS, discussion regarding insurance premiums took place at the only Town Board meeting for the month of December; and WHEREAS, the Board agrees to purchase the insurance coverage as outlined at the meeting; now therefore be it RESOLVED, that the Ulysses Town Board authorizes the Town Supervisor to sign documents to secure general liability insurance and cyber-security coverage; and further BE IT RESOLVED, that the Ulysses Town Board authorizes the pre-payment of general liability insurance and cyber-security coverage as quoted by transferring funds from Town Hall CE as budgeted for $5000 for cyber/IT upgrades as budgeted for 2022. Moved: Ms. Olson Seconded: Ms. Bouchard DISCUSSION: Ms. Olson shared that she has asked the Youth Commission to consider how to proceed on the recreation insurance and how the cost will be shared with the village. Mr. Goldman expressed concern that the extra coverage for cyber and rec wasn’t approved in the budget process. Ms. Olson suggested using ARPA funds for an IT consultant to identify risks and what coverage is needed. Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 NEW BUSINESS: RESOLUTION #228 of 2021: APPROVAL OF THE 2022 AMBULANCE SERVICES AGREEMENT WHEREAS, Section 122-B of the General Municipal Law allows a municipality to contract for Ambulance Services and WHEREAS, the Town of Ulysses created an Ambulance Service District that encompasses the following territory in the Town of Ulysses: All of the Town of Ulysses, excepting the area within the limits of the incorporated Village of Trumansburg; and WHEREAS, the Village of Trumansburg (hereafter referred to as “the Village”) maintains an Ambulance Service with adequate and suitable apparatus, equipment, personnel, and training for the furnishing of emergency medical services; and WHEREAS, the Town wishes to contract with the Village to provide Ambulance Services in the Ambulance Services District; and NOW, THEREFORE, BE IT RESOLVED THAT: The Town Board of the Town of Ulysses hereby approves and authorizes execution of the attached Agreement between the Village and the Town, whereby the Village will provide pre- hospital emergency medical services within the Town of Ulysses Ambulance Services District, for the period from January 1, 2022 until December 31, 2022; and be it further RESOLVED that, pursuant to the Agreement, the Town shall pay the Village the sum of $415,238.00 for such services, on or before February 15, 2022; and be it further RESOLVED that, the Supervisor of the Town of Ulysses is hereby authorized to execute the Agreement on behalf of the Town of Ulysses. Moved: Ms. Zahler Seconded: Mr. Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 RESOLUTION # 229 OF 2021: ENDORSEMENT OF THE TRUMANSBURG CELEBRATION OF REV. DR MARTIN LUTHER KING JR ON SUNDAY, JANUARY 16, 2022 WHEREAS, the legacy of the Reverend Dr. Martin Luther King Jr has inspired generations to seek social justice through nonviolence and by building a beloved community through connections across our differences; and WHEREAS, local residents, organizations and churches have joined together to offer conversation and interactive opportunities to learn about and celebrate Dr. King’s legacy and vision; and WHEREAS, the Town of Ulysses Diversity, Equity and Inclusion policy adopted in 2021 commits the Town to take appropriate actions in support of diversity, equity, and inclusion; now therefore be it RESOLVED, that the Town of Ulysses publicly supports and endorses the proposed local celebration of Dr. Martin Luther King Jr. planned for Sunday, January 16, 2022 from 2:00 – 4:00PM at the Trumansburg Conservator of Fine Arts; and further RESOLVED, that the Town of Ulysses shall help to promote the event to encourage community members of all ages and backgrounds to participate. Moved: Ms. Bouchard Seconded: Mr. Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 RESOLUTION # 230 OF 2021: APPROVAL of MEMORANDUM OF UNDERSTANDING with JACKSONVILLE COMMUNITY ASSOCIATION RE: PUBLIC ACCESS to AND SUPPORT of JACKSONVILLE COMMUNITY PARK WHEREAS, the Jacksonville Community Association (JCA) owns a park that is a valuable and protected greenspace for relaxation and recreation and WHEREAS, it is in both the Town’s interest to have a well-maintained park available to the public and in the JCA’s interest to have Town support to properly maintain and improve the amenities of the park for the public, now therefore be it RESOLVED, that the attached Memorandum of Understanding between the Town of Ulysses and the Jacksonville Community Association be and hereby is approved for the period January 1, 2022 – December 31, 2026. Moved: Ms. Olson Seconded: Mr. Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 DISCUSSION OF RECRUITMENT FOR TOWN BOARD VACANCY ON JAN.1 Ms. Zahler presented a draft process and timeline. Board members expressed concern about the time line being too long and agreed to an amended timeframe. RESOLUTION #231 OF 2021: RESCINDING PLANNER OFFER LETTER APPROVED ON NOVEMBER 15, 2021 WHEREAS, Charvi Gupta has indicated that, while honored to be appointed as Ulysses Planner, she is unable to accept the position under the terms and conditions offered; now therefore be it RESOLVED, that the offer letter to Charvi Gupta approved on November 15, 2021 is hereby rescinded, with best wishes to Ms. Gupta. Moved: Ms. Bouchard Seconded: Ms. Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 DISCUSSION OF PLANNER VACANCY: Ms. Zahler will follow up with someone who may be interested in working part time. RESOLUTION # 232 OF 2021: APPRECIATION FOR TOWN OF ULYSSES STAFF AND VOLUNTEERS WHEREAS, the Town of Ulysses is charged with protecting the safety and well-being of our community; and WHERAS, the policies, services, and programs to achieve those goals are implemented by our highly skilled and committed staff and volunteers who exemplify the best of public service; now therefore be it RESOLVED, that the Ulysses Town Board, on behalf of those who live, work, and visit our community, extends its praise and gratitude to the hard-working paid staff who work full or part time at the Highway Department and Town Hall; our stipended Town Historian and contracted youth program manager; and to the talented and dedicated volunteers who serve on the Planning Board, Board of Zoning Appeals, and on the other advisory boards and liaison positions representing the interests of the Town. Moved: Ms. Zahler Seconded: Ms. Olson Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 RESOLUTION 2021-233: HONORING NANCY ZAHLER FOR HER SERVICE TO THE TOWN OF ULYSSES WHEREAS Nancy Zahler served on the town board from 2013-2020 and as Town Supervisor from 2020- 2021, and WHEREAS she was an invaluable advocate for youth and recreation services, and can be credited with leading the effort to establish the Ulysses-Trumansburg Recreation Program within the Town and overseeing its effective management during challenging times, and WHEREAS she provided solid leadership during a pandemic and other crises; was a skilled meeting facilitator; was steadfast and enthusiastic in her recruitment and support of new generations of leaders; generally fulfilled her goal to end Town Board meetings by 9pm; and was a supportive and caring colleague, now therefore be it RESOLVED that the Ulysses Town Board and staff extends its deepest appreciation to Nancy Zahler for her contributions to the Town of Ulysses and wishes her well in her 2nd retirement. Moved: Ms. Olson Seconded: Mr. Goldman Zahler abstain Olson aye Boggs aye Goldman aye Bouchard aye Vote: 4-0 Date Adopted: 12/14/21 REPORTS & ANNOUNCEMENTS See Appendix for staff reports. Ms. Koreman shared the following: • Thanks to Ms. Zahler for her service to the town (and the county before that). • COVID report: o Cornell has cancelled all student activities and will send students home after a negative test o Cases have spiked to the highest since the pandemic began- about half seem to be in the community vs. at Cornell o Staff changes at county o Sold property on Sears St. to build affordable housing o Solid waste fee will be raised Ms. Marino shared that the CSAC is trying to have one more meeting before end of year. She echoed appreciation for Ms. Zahler’s service. Ms. Olson shared that the request for Camp Barton support has been taken to Gov. Hochul by Anna Kelles. Ms. Bouchard: • Attended the Village’s meeting last night: o passed comp plan o discussed annexation mtg o is applying for grant to get radios for firefighters o will consider joining the noise ordinance o passed resolution to honor Ms. Zahler’s service Ms. Zahler: • water district proposed by smart start • highlights of town accomplishments (during COVID): o Cemetery Bridge- thanks to michelle o aerator o Grassroots plans- kudos to Mark Washburn o weekly mtgs with community leaders o Tree Commission o Clean energy campaign o Diversity policy o Exotic animals o Noise o Requests for water o Staff changes o Annexation o Camp Barton APPROVAL OF MINUTES RESOLUTION # 234 of 2021: APPROVAL OF MINUTES RESOLVED, that the Ulysses Town Board approve the meeting minutes from the 11/23/21 meeting. Moved: Ms. Olson Seconded: Ms. Bouchard Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 BUDGET MODIFICATIONS: RESOLUTION # 235 of 2021: APPROVAL OF BUDGET MODIFICATIONS Resolved that the Ulysses Town Board approve the following budget modifications: Moved: Ms. Zahler Seconded: Ms. Bouchard Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 PAYMENT OF AUDITED CLAIMS: RESOLUTION # 236 of 2021: PAYMENT OF CLAIMS RESOLVED that the Ulysses Town Board has reviewed and approves payment of claims for: • HB fund (Cemetery Bridge Replacement Project) vouchers 31 and 32 in the amount of $191,861.27 and for • All other funds vouchers numbered 494 through 564 in the amount of $203,136.59. Moved: Ms. Bouchard Seconded: Mr. Goldman Zahler aye Olson aye Boggs aye Goldman aye Bouchard aye Vote: 5-0 Date Adopted: 12/14/21 PRIVILEGE OF THE FLOOR: none EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION Mr. Goldman made a motion to move into Executive Session at 9:34pm for the purpose of discussing pending litigation. This was seconded by Ms. Bouchard and passed unanimously. Mr. Goldman moved to end Executive Session at 9:44pm. This was seconded by Ms. Olson and passed unanimously. ADJOURN Mr. Goldman made a move to adjourn at 9:45pm. This was seconded by Ms. Bouchard and passed unanimously. Respectfully submitted by Carissa Parlato, Town Clerk 1/5/22 APPENDIX: (Chat function transcript from Zoom) No comments.