Loading...
HomeMy WebLinkAbout2006-01-05 - TB TOWN OF ULYSSES SPECIAL TOWN BOARD MEETING JANUARY 5 , 2006 Present : Supervisor Douglas Austic ; Town Council Roxanne Marino, Don Ellis, Rod Ferrentino and Lucia Tyler; Town Clerk Marsha L . Georgia; Deputy Supervisor Richard Coogan; Town Highway Superintendent James Meeker; and Town Attorney Bruce Wilson. Others 'Present : John Wertis Supervisor Austic called the meeting to order at 7 : 30 pm and led those assembled in the pledge of Allegiance to the Flag of the United States of America. Mr. Austic introduced and moved the following resolutions into record : BE IT RESOLVED, the Regular Monthly Board meetings of the Ulysses Town Board will be held on the second Tuesday of each month at 7 : 30 PM in the Ulysses Town Hall at 10 Elm Street, Trumansburg, NY . Board review of monthly claims will begin at 7 : 00 PM prior to each scheduled Regular Board Meeting. BE IT FURTHER RESOLVED the designated news media is advised of the foregoing schedule and those meeting notices are posted, in accordance with the open meeting law, on the clerk ' s bulletin board. BE IT RESOLVED mileage at a rate of 44 . 5 cents per mile shall be paid to Town Officials and employees conducting official business and driving their personal vehicles and that such mileage shall be reported on the appropriate forms provided. BE IT RESOLVED the Highway Superintendent is authorized to incur expenses not to exceed $3000. 00 for repairs and maintenance of highway equipment without prior Board approval. BE IT RESOLVED the Building and Maintenance Chairman be authorized to incur expenses not to exceed $ 1500. 00 for emergency repairs and maintenance following established procurement policy procedures . BE IT RESOLVED in lieu of the report required by Town Law Section. 29( 10), the Supervisor be and hereby is authorized to submit to the Town Clerk a copy of his annual report to the State Comptroller and that the Town Clerk shall cause a summary thereof to be published in accordance with the law. BE IT RESOLVED the Ithaca Journal is hereby designated as the official Town publication. BE IT RESOLVED the Tompkins County Trust Company is designated as depository in which the Supervisor, Town Clerk, Justices, and other employees by virtue of their offices, shall deposit all monies coming into their hands and, FURTHER RESOLVED the Town investments can be made at other banks as outlined in the Towns investment policy. BE IT RESOLVED the Town Board authorizes the Supervisor to pay in advance of audit of claims for utilities, postage and contractual agreements which if delayed may result in loss of discounts or the accrual of service charges . Ms. Marino seconded the motion. The resolutions for the bonds for the officers of the Town were discussed. Mr. Austic reviewed different options and different prices that the insurance company has discussed { 2 Special Town Board 01 /05/2006 with him. The Board discussed removing the resolution at this time for the bonding. The attorney advised that some bonding needs to be done. The Board also discussed co- signing checks written by the Clerk and Supervisor for over $ 5000 . The Board further discussed different options and amounts on bonding. The current bond has expired. Mr. Austic said that he did get a quote for a town-wide bond (blanket) of $ 50,000 and could say the Board approves that and if the insurance company comes back with better quotes the Board could enlarge it. Mr. Ellis moved the following amendment to the above resolution as follows : BE IT RESOLVED that the Town Board of the Town of Ulysses proceed with the blanket bond for the Town of $ 50 ,000, FURTHER RESOLVE that the Town Supervisor be asked to get a quote for a $ 100,000, $ 150,000 and $200,000 alternative bond and quotes for lesser amounts for the Town Clerk/Collector and Supervisor. FURTHER RESOLVE that a statement relevant to the co-signing of checks that are greater than $ 5000 be provided to the Town Board. Ms . Tyler seconded this motion. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted Amendment . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Mr. Austic made the following appointments : Supervisor Appointments A. Town Historian Esther Northrup B . Deputy Supervisor Dick Coogan C . Liaison to Highway Dept. Rod Ferrentino D . Building Maintenance Doug Austic E . TCMOA Planning Corn . Roxanne Marino F . Liaison to Village Bd . Don Ellis G . Personnel Liaison Lucia Tyler H . Planning Bd . /BZA Liaison Roxanne Marino I. Fire Department Liaison Don Ellis The bookkeeper position was under Town Board appointments . Mr. Ellis suggested that it be moved to Supervisor appointments . The Board agreed. J . Bookkeeper Doug Austic The Town Board discussed the following appointments. 3 Special Town Board 01 /05/2006 The general consensus of the Town Board was that they would continue to accept letters of interest for Planning Board or Zoning Board members until January 10th, 2006 before the Regular Town Board meeting. At that meeting the Board will set a date for interviews . Once the membership is resolved for the Planning Board and all the seats are - filled Ms . Marino, Liaison to the Planning Board will talk with the Planning Board about recommending a Chairman to the Town Board for the Board ' s appointment . The Town Board discussed the position of the bookkeeper. Ms. Marino asked Mr. Wilson for a legal opinion on the bookkeeper position and Mr. Austic appointing himself The Town Board is in receipt of two retainer letters from Bruce Wilson. Ms . Tyler requested that Mr. Wilson recuse himself while the Town Board discusses the retainers. Ms. Tyler feels that would be good business practice. Mr. Wilson said he is available for questions . Mr. Ellis asked Ms . Tyler is she was moving this request and looking for a second. Ms . Tyler moved to go into executive session to talk about the attorney position. Ms . Marino seconded this motion . Mr. Austic does not see the reason . Ms . Marino said that if the Board went into executive session she would rather see it at the end of the meeting rather in the middle of the list of appointments . Mr. Ellis would like the benefit of Mr. Wilson being present to discuss the retainer letters and the services each one provides . Mrs. Georgia pointed out that Mr. Wilson is not an employee and to adjourn for executive session has to be one to discuss a personnel matter or a legal issue . Mr. Austic called for the vote : No vote — not a legal reason to adjourn for executive session. *Note : Mr. Wilson forwarded two retainer letters to the Town Board the following are those letters . 1St letter received and reviewed. Dear Doug, . It is my understanding from you that the Ulysses Town Board at it 's January organizational meeting will consider re-hiring me on retainer as Attorney for the Town for the coming 2006 fiscal year. I thank you and the Board for it 's prior confidence in me and should they so decide, look forward to serving the legal needs of the town in the coming year. Pursuant to State rules, Attorney-Client relationships must be in writing for this type of retainer, either by retainer agreement or engagement letter. Please consider this an engagement letter. It is my further understanding that there is a base retainer for legal services of $20, 000 per year to be paid as before in monthly installments to cover my services for 2006. 4 Special Town Board 01 /05/2006 This base retainer covers my weekly work at the Town Hall for 3 hours per week, to include appointments, meetings, research on opinions and general advice as requested for legal matters before the Town. Over and above the base retainer, the Town may wish to engage me for additional legal services and I will agree to be available for this at the hourly rate of $150 per hour. These services would include the following: 1 . Attendance at meetings for the Town Board, Planning Board and Zoning Board of Appeals. 2. Litigation involving the Town as either Plaintiff or Defendant. 3. Zoning Enforcement procedures or actions. 4. Special requests such as creation of Water Districts, Special Districts or Zoning changes. The decision to engage me over and above the base retainer for additional legal work should be clear to both parties. I will represent the Town Board as a whole and the attorney-client relationship is with the Town Board. I suggest the Town Supervisor be authorized by the Board to engage me as to opinions for the Supervisor or his Deputy and that he also may authorize opinions for the Town Clerk Judges, Highway Superintendent and Zoning Enforcement Officer. I will render these opinions in most cases during my weekly hours but the work may be more extensive depending on the problem. I will bill additional legal services monthly to keep the Board informed of any extra legal work involved. Opinions for other officers, employees, zoning or planning boards must be cleared either by the Town Supervisor or Town Board to insure I am properly representing the Town Board in the matters and not just individual boards or there members or officers. I suggest this be done by approval of the Town Supervisor, as a practical matter given time delays and constraints of Board meetings, but that the Board be informed by the Supervisor of any such authorization so it may at the next regular meeting review same and terminate appropriate motion any legal work over the base work they oppose as a Board. I hope this arrangement meets with the Boards approval and if so please so advice. Respectfully Yours, Bruce D Wilson 2nd Letter received and reviewed. Dear Doug, It is my understanding from you that the Ulysses Town Board at it 's January organizational meeting will consider re-hiring me on retainer as Attorney for the Town for the coming 2006 fiscal year. I thank you and the Board for it 's prior confidence in me and should they so decide, look forward to serving the legal needs of the town in the coming year. Pursuant to State rules, Attorney- Client relationships must be in writing for this type of retainer, either by retainer agreement or engagement letter. Please consider this an engagement letter. It is my further understanding that there is a base retainer for legal services of $25, 000 per year to be paid as before in monthly installments to cover my services for 2006. This base retainer covers my weekly work at the Town Hall for 3 hours per week, to include appointments, meetings, research on opinions and general advice as requested for legal matters before the Town. This base retainer also will cover my attendance and advice at regular Town Board meetings. 5 Special Town Board 01 /05/2006 Over and above the base retainer, the Town may wish to engage me for additional legal services and I will agree to be available for this at the hourly rate of $150 per hour. These services would include the following: 5. Attendance at meetings for the Planning Board and Zoning Board of Appeals. 6 Litigation involving the Town as either Plaintiff or Defendant. 1 7. Zoning Enforcement procedures or actions. ■ 8. Special requests such as creation of Water Districts, Special Districts or Zoning changes. The decision to engage me over and above the base retainer for additional legal work should be clear to both parties. I will represent the Town Board as a whole and the attorney-client relationship is with the Town Board. I suggest the Town Supervisor be authorized by the Board to engage me as to opinions for the Supervisor or his Deputy and that he also may authorize opinions for the Town Clerk, Judges, Highway Superintendent and Zoning Enforcement Officer. I will render these opinions in most cases during my weekly hours but the work may be more extensive depending on the problem. I will bill additional legal services monthly to keep the Board informed of any extra legal work involved. Opinions for other officers, employees, zoning or planning boards must be cleared either by the Town Supervisor or Town Board to insure I am properly representing the Town Board in the matters and not just individual boards or their members or officers. I suggest this be done by approval of the Town Supervisor, as a practical matter given time delays and constraints of Board meetings, but that the Board be informed by the Supervisor of any such authorization so it may at the next regular meeting review same and terminate by appropriate motion any legal work over the base work that they oppose as a Board. I hope this arrangement meets with the Boards approval and if so please so advice. Respectfully Yours, Bruce Wilson The Board discussed the retainer letters at length. Mr. Ferrentino moved, seconded by Mr. Ellis the following : BE IT RESOLVED that the Town Board of the Town of Ulysses accepts Mr. Wilson ' s retainer letter #2 for $25 ,000 as stated in that letter as follows : A base retainer for legal services of $25 ,000 per year to be paid as before in monthly installments. The base retainer covers Mr. Wilson ' s weekly work at the Town Hall for 3 hours per week, to include appointments, meetings, research on opinions and general advice as requested for legal matters before the Town. This base retainer also will cover my attendance and advice at Regular Town Board meetings. Over and above the base retainer, the Town may engage Mr. Wilson for additional legal services and for this the hourly rate of $ 150 per hour will be billed monthly. These services would include the following: • Attendance at meetings for the Planning Board and Zoning Board of Appeals. • Litigation involving the Town as either Plaintiff or Defendant. • Zoning Enforcement procedures or actions. • Special requests such as creation of Water Districts, Special Districts or Zoning changes . 6 Special Town Board 01 /05/2006 Mr. Wilson will represent the Town Board as a whole and the attorney-client relationship is with the Town Board. The Town Supervisor will be authorized by the Board to engage Mr. Wilson as to opinions for the Supervisor or his Deputy and that he also may authorize opinions for the Town Clerk, Judges, Highway Superintendent and Zoning Enforcement Officer. Mr. Wilson will render these opinions in most cases during his weekly hours but the work may be more extensive depending on the problem. Mr. Wilson will bill additional legal services monthly to keep the Board informed of any extra legal work involved. Opinions for other officers, employees, zoning or planning boards must be cleared either by the Town Supervisor or Town Board to insure Mr. Wilson is properly representing the Town Board in the matters and not just individual boards or their members or officers . This approval to be done by the Town Supervisor, as a practical matter given time delays and constraints of Board meetings, but that the Board be informed by the Supervisor of any such authorization so it may at the next regular meeting review same and terminate by appropriate motion any legal work over the base work that they oppose as a Board. Ms. Marino offered a friendly amendment to the above resolution moved by Mr. Ferrentino , to include that the Attorney position be appointed using the structure of the second retainer letter but be reviewed in six (6) months to see if the Town Board is most efficiently using the Attorney and be paid a retainer for six months of $ 12,500. Mr. Ellis seconded Ms . Marino ' s amendment. Mr. Ferrentino did not accept the friendly amendment. A vote was called on the amendment. Mr. Austic nay . Mr. Ferrentino nay . Ms . Tyler aye Mr. Ellis nay Ms. Marino aye Amendment failed . Vote called for Mr. Ferrentino ' s resolution. Mr. Austic aye Mr. Ferrentino aye Ms. Tyler nay Mr. Ellis aye Ms . Marino nay Adopted. Town Board Appointments A. Code Enforcement Officier Alex Rachun B . Deputy Zoning Officer Mark Hassan C . Deputy Code Enforcement Village Contract ID . Planning Board Chair Vacant E . Planning Board Member Vacant F. Zoning Chair George Tselekis G . Rep . Human Services Coal Richard Coogan H . Board of Assessment Review (2) Coogan / Duddleston I . Cleaning Contract Laurie MacCheyne J . County Youth Bureau Rep . Ben Curtis K. Joint Youth Comm . Liaison Roxanne Marino L . Cayuga Lake Watershed Rep . Richard Coogan M . Environ. Mngt. Council (EMC) Lucia Tyler N. TCMOA Planning Rep . Richard Coogan O . Reps . to Joint Youth Comm. Deb Austic/ M. Vonderweidt P . Ithaca/Tompkins County Transportation Council Planning Committee Sue Poelvoorde 7 Special Town Board 01 /05/2006 Q. Ithaca/Tompkins County Transportation Council Policy Committee Richard Coogan R. TC Emergency / Disaster Comm . Fire Dept . - Jason Fulton S . TCAD Representative Vacant T . Fair Board Liaison Don Ellis U. Storm Water Mngt. Rep . Doug Austic/R. Coogan V . Disaster Mitigation Rep Doug Austic/R. Coogan W . Water Resources Council Lucia Tyler X . BZA member Vacant i Ms . Tyler suggested that towards the end of the year or sometime within the year the list of all these positions be advertised and see if anyone is interested in serving . Mr. Coogan has some examples of other Town ' s ads . WAGES AND SALARIES FOR 2006 ELECTED OFFICIALS : Town Supervisor $ 10927/yr. Town Council (4) $ 3518/ yr Ea. Town Clerk/Collector $41470/ yr Highway Superintendent $48948/ yr Town Justice (2) $ 13497/yr Ea. APPOINTED OFFICIALS AND EMPLOYEES Deputy Town Clerk $25000/yr Deputy Supervisor $ 15 . 91 /hr Bookkeeper $ 17350/yr Building Inspector $ 18333/yr Zoning Officer $ 17400/yr Deputy Zoning Officer $ 13 . 62/hr Justice Clerical $27540/yr Planning/Zoning Clerk $ 13 . 60/ hr Deputy Highway Superintendent $ 17 . 91 / hr Highway Employees $ 14-$ 17 . 40/ hr BE IT RESOLVED all employees shall turn in a time card by the end of the last day of the pay period, salaried employees shall do the same stating time used for vacation, sick time, holiday or other time off to maintain accurate records of benefit time used . No pay will be issued without the presence of a time card . BE IT RESOLVED any individual wishing to be on the agenda, advise the Supervisor of that intent at least one week prior to the scheduled meeting. BE IT RESOLVED any individual having any special needs and wishing to attend a meeting please advice the Town Clerk of the special requirements at least one week prior to the meeting. (ADA) BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual Audit of the books for each department on Tuesday Januaryl 7, 2006 at 4 : 00 pm (by law on or before 1 /20) The Board discussed providing a draft agenda that is available to the public . Mr. Ferrentino moved, seconded by Mr. Austic the above . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye 8 Special Town Board 01 /05/2006 Ms . Marino aye Adopted. Resolution of Authorization : Mr. Ferrentino moved resolution as written and received by the Town Board, Mr. Austic read into record and seconded the motion as follows . WHEREAS , Highway Law # 142-d allows co-operative agreements for highway services and sharing of labor, equipment and supplies ; and WHEREAS , General Municipal Law Article 5 -G allows and encourages municipal co- operations, by joint or contract basis, performance of powers and duties among themselves; and WHEREAS , it is deemed beneficial to the Town of Ulysses to allow for shared highway agreements of equipment and services with other nearby municipal highway departments ; NOW THEREFORE BE IT RESOLVED THAT the Ulysses Town Board authorizes the Town Supervisor pursuant to Highway Law #283 to enter into agreements for shared services and equipment with other municipalities and authorize, within existing budget constraints, the Town' s Highway Superintendent pursuant to Highway Law #284 to take such action to implement said agreements consistent with Town highway needs and availability, and maintain sufficient liability coverage to protect the town in such joint efforts . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Mr. Austic moved and read the following resolution into record, seconded by Mr. Ferrentino : Shared Municipal Services Incentive Grant Program 2005-2006 WHERE AS a resolution is required authorizing Deputy Supervisor Richard Coogan to submit an application as lead contact person to the Department of State Shared Municipal Services Incentive Grant (2005 -2006 Program Year) for a feasibility study to supply municipal water from the Town of Ulysses to Taughannock State Park and the Village of Trumansburg. This resolution shall also authorize Supervisor Douglas Austic to execute all financial and administrative processes for this grant project. and WHERE AS funds solicited through this program shall be used for the express purposes of finding a solution for Taughannock State Park which has been mandated by the Tompkins County Department of Health to secure a new source of potable water (beach well is under the influence of ground water) by November 2006 and the Village of Trumansburg which is mandated by Tompkins County Department of Health to secure a second source of potable water, and WHERE AS the cost for the engineering study and inter-municipal legal agreements is estimated to be $ 80,000, the Amount of Grant Requested is $65 ,000 with the additional $ 15 ,000 being committed by the Town, Village, and State Park, and WHERE AS Taughannock State Park and the Village of Trumansburg are willing partners for this project, THEREFORE BE IT RESOLVED that the Town of Ulysses supports this project, 9 Special Town Board 01 /05/2006 Feasibility Study for Potable Water for Taughannock State Park and the Village of Trumansburg. The Board discussed the process . Mr. Austic aye Mr. Ferrentino aye Ms. Tyler aye Mr. Ellis aye Ms. Marino aye Adopted. Ms . Marino said that the Planning Board members are concerned about legal liability as a individual serving as a Board member in terms of getting sued, like can they be personally liable at all . Ms . Marino requested that Mr. Wilson provide policy. Mr. Wilson said that there is little immunization for a board like that so unless they are criminally involved with something or grossly negligent there is no liability, the Town is liable but they are not personally liable . Mr. Wilson said that they still could be named in a law suite . They could be liable if they defamed someone in the audience, a defamation action would not be protected because it is not part of the Board members function and therefore the Town would not be liable but the Board member could be liable. Ms . Marino said that this opinion would be nice to have in writing to be given to the Board members . Hearing no further discussion Mr. Austic moved, seconded by Mr. Ellis to adjourn the meeting. Unanimously approved. Meeting adjourned at 10 : 15 pm. Respectfully submitted, Marsha L. Georgia