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HomeMy WebLinkAbout2006-06-13 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING JUNE 13 , 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: Tompkins County Representative James Dennis, Storm Water Committee Members Rebecca Schneider and John Wertis, Trumansburg Free Press Reporter William Chaisson, and Bob Lodder. Supervisor Austic called the meeting to order at 7 : 30 PM and led those assemblied in the pledge of Allegiance to the Flag of the United States of America. APPROVAL OF MINUTES : RTB 5/9/2006, JOINT VILLAGE/TOWN BOARD MTG. 4/3/2006, STB 4/24/2006 AND 5/16/2006 Hearing changes and corrections from Ms . Tyler and Ms . Marino on the Regular Town Board Meeting of 5/9/2006 Ms . Tyler moved, seconded by Mr. Ellis to approve the minutes . At this time the Board also included the Joint Village/Town Board meeting of 4/3/2006 . BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Regular Town Board Meeting of 5/9/2006 and the Joint Village/Town Board meeting of 4/3/2006 as modified . Mr. Austic aye Mr. Ferrentino aye Ms. Tyler aye Mr. Ellis aye Ms. Marino aye Adopted. The minutes of the STB meetings on 4/24/2006 and 5/ 16/2006 were tabled. APPROVAL OF CLAIMS Mr. Ellis questioned voucher #234 to Ellsworth Engineering for the plan for design of a fire sprinkler system at the Town Barns . This is to be used if the Town Board decides to put this out for bid. Hearing no other questions Mr. Ellis moved, seconded by Ms . Tyler the following. BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined vouchers #223 through 275 in the amount of $27,929 . 95 . Mr. Austic aye Mr. Ferrentino aye Ms. Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. PUBLIC PRIVILEDGE OF THE FLOOR Supervisor Austic asked if anyone from the public had any comments. Regular Town Board Meeting 2 06/ 13/2006 Mr. George Chase previously presented the Town Board a packet of information and disrespectfully commented about how he feels the re-zoning of his property on Trumansburg Road was illegally changed. The Board felt that Mr. Chase was out of order with some of his comments to Mr. Wilson. Mr. Wilson said that he has rendered an opinion on this but has not had an opportunity to read what Mr. Chase has submitted tonight. Mr. Dennis commented that he is now speaking as a member of the public and not as a representative of the Tompkins County Legislature. Mr. Dennis feels that Mr. Chase should not be allowed to refer to people either on the Board or the Town Attorney using the words that he used and Mr. Dennis feels that he should be stopped. Mr. Austic said that the Town Board would review the information that he left and get back to him. Mr. Austic asked if anyone else wished to comment at this time. No response . REPORTS OF REPRESENTATIVES Tompkins County Representative James Dennis reported that he notices that on the agenda the Board is addressing the County Beautification Grant and advised the Town Board that the County did pass that at the last Board meeting and there is money available for 2007 for the Town of Ulysses . Mr. Dennis said that he received a letter today from Jay Franklin of Tompkins County Assessment and he is asking Mr. Dennis to bring up to the Town Board if anyone would like to consider adding something that is called "The Alternate Veterans Exemption". Mr. Dennis said that currently the Town of Danby, Village of Dryden, Village and Town of Groton and the Town of Ulysses do offer the existing veterans exemption. Mr. Dennis did not have time to review this alternate exemption. (Mr. Dennis provided a copy of the letter from Mr. Franklin to the Town Board.) Mr. Dennis will get more information on this and bring it back to the Town Board. All exemptions are established by NYS Real Property Tax Law and then it is up to the individual Towns, Villages and Schools to adopt if they so choose. Mr. Dennis asked the Town Board to re-consider or re-join the Recreation Partnership . At this time the Town of Ulysses is on line to drop out of the partnership, which amounts to around $6, 500 of the Towns money. Mr. Austic said that the Town Board is considering it but they are also trying to set up a meeting with all of the concerned people who may be able to furnish services to the Ulysses Recreation Depai Unent to see what can be done locally with the $6500 . Mr. Austic said that it was discussed last fall and it is now time to think more seriously about it. Trumansburg Fire Department - No one in attendance from the Fire Department. Planning Board Report / Replaced with Stormwater Report Ms . Rebecca Schneider of the Ulysses Stormwater Committee spoke on behalf of the Committee appointed by the Town Board approximately two years in response to the EPA Phase II Stormwater Regulations . Ms . Schneider gave the following presentation : The Ulysses Stormwater Committee is proposing a two component program to comprehensively address storm water runoff across the Town of Ulysses to meet the requirements of the EPA Phase II Stormwater Regulations . Regular Town Board Meeting 3 06/ 13/2006 1 ) NYSDEC has developed a Model Stormwater Ordinance for adoption by individual towns . The Stormwater Committee would like the Town Board to review this model ordinance and the Committee recommends that the Town adopt this law in its entirety, for the following reasons : a. The EPA Phase II regulations require that we develop a Stormwater Ordinance . However the Town of Ulysses currently has only minimum regulations by which to control storm water runoff from privately owned parcels . Specifically, the 17 . 62 Stream Protection Setback in the Zoning Ordinance helps to reduce erosion along stream banks and capture runoff from land use activities adjoining each stream by requiring a woody vegetated buffer along the streamside. Although without a schedule of fines , is difficult to enforce. b . By adopting the NYSDEC law, we meet the minimum requirements for the EPA Phase II regulations and can take advantage of having NYSDEC staff, and their Soil and Water Office counterparts assist in monitoring and enforcing the regulations . 2) The Committee proposes to create an Environmental Overlay District EOD that encompasses the MS4 area but also extends to the steepest slope habitats elsewhere in the Town which are most vulnerable to erosion. The Committee believes that the EOD is a critical complement to the Stormwater Ordinance because the NYSOEC model ordinance is extremely generic, and designed to encompass the flat topography of Long Island, New York. Therefore it does not provide adequate protection from erosion for parts of our Town. The area of the EOD proposed is based on (a) predominance of steep slopes, (b) ease of delineation and enforcement, and (c) the location of this EOD coincides with the Tompkins Co . and Town of Ithaca's Conservation District and Natural Areas Protection Zone. The EOD lies to the east of Dubois Road and also includes the steep slope regions (greater than 8 % slopes) associated with Willow Greek, Glenwood Creek, and Taughannock Creek (provided map for approximate location) . 3) The Committee is developing a set of rules for activities and construction within the EOD and a schedule of fines for violations that will be needed to enforce these EOD regulations . The Committee will have these regulations and a finalized draft map for the Town Boards review and feedback at the August Town Board meeting. The Stormwater Committee will get other examples of other Towns fines and fee structures . Ms . Schneider asked for input from the Town Board also . TOWN REPORTS Highway Superintendent James Meeker reported that that the highway department did some tree clean-up on Krums Corners Road, cleaned ditches on Agard Road, all the cemeteries are cleaned up and mowed, patched all roads and are working on mowing along the road-sides . The crew is also working on tree and brush trimming around road signs for better feasibility. The highway department hauled scrap metal to the salvage yard and took in around $4300 . Code Enforcement Officer Alex Rachun was absent tonight and Mr. Coogan gave his report as follows . There have been 2 building permits issued for single-family homes, 1 for an addition and 2 for alterations . Mr. Rachun and Mr. Coogan have been working on a new format for his monthly report that will include the current month (last month), year to date figures, and then the previous year. They will also go back and give year summaries so that the Town Board will be able to see several years at a glance. They will also add Zoning Board of Appeals use and area variances so that can be tracked and also include the Planning Board to include site plan review and all sub-divisions . Mr. Coogan reported on the Ledger property in that the property has been condemned (not fit for habitation) and no one is living there at the present time. Ms . Marino asked — "Now that it is condemned you will not need permission to go on to the property or do you still?" Regular Town Board Meeting 4 06/ 13/2006 Mr. Coogan said that it is still owned by Mr. Ledger and he has always given permission to go on to his property and has always been cooperative in either coming on to his property or even willing to help move the junk down to the land fill. Mr. Coogan said that the problem was with the land fill and who pays . Ms. Marino said that perhaps that sometime there could be a working group meeting of anyone interested in trying to pursue solutions . Ms . Marino would like to do this and asked to be keep informed or she will try and get in touch with other people and try to figure out something else, because she thinks that it should be pursued. Mr. Ferrentino suggested that Ms . Marino contact some other towns that have had to deal with this type of situation like Mr. Ledger ' s and see if there were options they used . Ms. Marino said she would work with people doing it but the town may have to put some money behind the staff research because she does not have a lot of time, but she would like to see something done . Mr. Coogan said that there is money possibly in the Water Quality Grant that went through Stormwater that was put in for clean-up . Mr. Wilson said that he would need to be kept informed. Town Clerk Marsha L. Georgia reported that a total of $ 11 , 325 . 89 was collected for the month of May. This total includes $9353 . 39 in franchise fees from Time Warner and also $ 895 for water fees . Board Member and Committees Mr. Ellis reported that he attended the Village Board meeting and the Village accepted the low bid for the main street project. Ms. Tyler reported that she attended the Environment Management Council and the meeting in April had a presentation by Paul Curtis and his basic message was if you want to control the deer population you kill does . The meeting in May announced a program of the Finger Lakes Running Club and they have worked with Solid Waste so that everyone could recycle their old running shoes . There was also a presentation of the dredging of Cayuga Inlet and there is some controversy as to where the soil will go and who will pay for it and that sort of thing. The third thing is that the Town of Ithaca and the Town of Dryden are working hard on a wind energy ordinance based on height and set back. The Town of Ithaca has also written a boat dock ordinance that they would like comments on. Ms . Tyler said that she had not seen a copy of this . Mr. Ferrentino said that when the Town of Ithaca is looking at set back and heights of wind energy it would behoove us to be ahead of the curve and start some dialogue about that so that if it comes into the Town we could be prepared. Mr. Austic said that this has been previously discussed and at one time there was a draft copy the Board looked at. Ms. Tyler said that she believes that the Town of Ithaca does have an ordinance. The general consensus was that this should be looked at in the near future. Nt Supervisor Austic asked if anyone had any questions concerning the Supervisor' s report. No questions or comments heard. Deputy Supervisor Richard Coogan reported that the Stormwater annual report is due so at next months Board meeting a public hearing should be scheduled. In regard to the WD 5 public information meeting, Mr. Coogan said that Diane Hillman has agreed to talk about cost to users because she is one of the users in District #3 and has worked out the figures . Regular Town Board Meeting 5 06/ 13/2006 The Board requested that Ms . Hillman email them with her report. Ms . Marino said that she is the current youth liaison and thought that the Recreation Partnership wanted to know by June or July if the Town wanted back in to the partnership . Ms . Marino does not see how the Town will be able to schedule discussions before that. Mr. Austic said that he felt the Board should try but at this point find people like Tom Major and other providers of youth services . Mr. Austic will check with the Recreation Partnership and find out their deadline and do his best to get a hold of some interested people. Mr. Dennis said that if the Town comes up with the cash in 2007 they would let the Town back in. Mr. Austic throws out the idea of the Town having a scholarship for people that could not afford to attend services . Ms. Marino asked to be kept informed . OLD BUSINESS` Comprehensive Plan Resolution Ms. Marino reviewed, the resolution and moved the resolution, seconded by Ms . Tyler the following: BE IT RESOLVED that the Town of Ulysses hereby establishes a special board, called the Comprehensive Plan Committee (hereafter referred to as the Committee), to review and propose amendments to the 1999 Town of Ulysses Comprehensive Plan, as it deems appropriate and in accordance with the detail set forth in Town Law section 272-a. (a) Committee Membership . The Committee shall consist of 12 voting members, appointed by the Town Board. At least one member shall be a member of the Town of Ulysses Planning Board. The Committee will elect its chair and set its own rules of procedure and goals . The Committee may invite citizens to participate at the sub-committee level as necessary. A quorum shall consist of forty (40) percent of the Committee membership (5 people) . The Town Board hereby appoints the following residents of the Town of Ulysses to the Committee : Sue Poelvoorde, Jennifer Wapinski-Mooradian, Darien Simon, Debra Watkins, David Tyler, Robert Brown, Robert Weatherby, Liz Thomas, Heather Filiberto, Sue Ritter, John Wertis, and David Kerness . The term of office for Committee appointees shall be three (3 ) years from the date of this resolution (June 13 , 2006), or the date of adoption by resolution of the Town Board of any recommended amendment to the Town of Ulysses Comprehensive Plan, whichever is sooner. In the event that one or more of the aforementioned Committee appointees is unable to continue serving on the Committee, the vacancy will be filled as soon as possible by the Town Board, upon the recommendation from the Committee. The Town Board hereby appoints Roxanne Marino as the Town Board liaison to the Committee, to report to the Board as needed, and Deputy Supervisor Richard Coogan and Zoning and Code Enforcement Officer Alex Rachun as Town of Ulysses staff liaisons to the Committee . Regular Town Board Meeting 6 06/ 13/2006 (b) Timelines for action. The Committee shall report orally or in writing to the Town Board on a quarterly basis. The Committee shall present in writing an advanced draft of its recommendations, including any proposed amendment to the 1999 Town of Ulysses Comprehensive Plan, to the Town Board for review by June 1 , 2008 . The Town Board shall refer the Committee recommendations to the Town of Ulysses Planning Board for review and recommendation before action by the Town Board. The target date for completion of all reviews and adoption of any recommendations or amendment to the Town of Ulysses Comprehensive Plan is December 30, 2008 . Details of Committee membership, operation, and timelines of action given in this resolution supersede such specifications in any preceding Town Board resolutions referring to creation of a Comprehensive Plan Committee. BE IT FURTHER RESOLVED that the Town Board reaffirms its previous resolution (May 09, 2006) appropriating funds for the FY 2006 for administrative & clerical assistance; continuation of this funding will be considered in the 2007 budget. The Town Board also reaffirms the commitment in its April 11 , 2006 resolution establishing a general strategy for review of the Town of Ulysses Comprehensive Plan to engage a professional planner or other assistance as the Committee deems necessary, and hereby authorizes the Committee to hire, subject to appropriation by the Town Board, professional planning or other technical assistance and, BE IT FURTHER RESOLVED that the Committee shall consider the following focus topics, as specified in the April 11 , 2006 Town Board resolution, as well as any other topics the Committee deems important, in accordance with Town Law section 272-a (2) and (3 ) : Transportation and Road Corridors, View sheds, Natural Areas and Open Space Preservation, Economic Development and Tax Base, Housing, Agriculture, Intermunicipal Cooperation, Infrastructure Development . In accordance with the February 14, 2006 Town Board Resolution regarding actions on the proposed Water District #5 , the Town Board requests that the Committee consider water infrastructure development as early in their review process as possible. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. The meetings of the Comprehensive Committee are scheduled for the forth Tuesday of every month. Officials Defense Local Law #1 2006 Mr. Austic introduced Local Law # 1 2006 . 7 Ms . Tyler has spoken with Mr. Wilson and gotten her guestions resolved . The procedure is to enter the Law into record and set a public hearing date . Mr. Austic moved, seconded by Mr. Ellis the following: BE IT RESOLVED that the Town Board of the Town of Ulysses schedules a Public Hearing to be held on July 11th, 2006 at 7 : 15 PM prior to the Regular Town Board meeting on the purposed Local Law # 1 2006 . Regular Town Board Meeting 7 06/13/2006 Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms. Marino aye Adopted. The Board discussed the Local Law# 1 2006 and made some modifications . A LOCAL LAW PROVIDING FOR THE DEFENSE OF ULYSSES OFFICERS AND EMPLOYEES AND CERTAIN VOLUNTEERS Be it enacted by the Ulysses Town Board of the Town of Ulysses and the State of New York as follows : Section 1 . As used in this Local Law, unless the context otherwise requires : a. The term " employee" shall mean any Town Supervisor, member of the Town Board, Town officer, Town employee, Town volunteer expressly authorized by the Town to participate in a publicly sponsored volunteer program, or any other person holding a Town position by election, appointment or employment in the service of the Town, whether or not compensated, but shall not include an independent contractor. The term " employee " shall include a former employee of the Town, his/her estate or judicially appointed personal representative. b . The term Town shall mean Town of Ulysses , a New York State municipal corporation. Section 2 . a. Upon compliance by the employee with the provisions of section 3 of this Local Law, the Town shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his/her public employment or duties including, without limitation, any civil action or proceeding arising out of any alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintiff under sections 1981 and 1983 of the U. S . Civil Rights Act (42 U. S .C . sections 1981 and 1983 ) . Such defense shall not be provided where such action or proceeding is brought by or on behalf of the Town. b . Subject to the conditions set forth in this Local Law, the employee shall be represented by the Town attorney or an attorney employed or retained by the Town for the defense of the employee. The Town Board of the Town shall employ or retain an attorney for the defense of the employee, and reasonable attorneys' fees and litigation expenses shall be paid by the Town to such attorney employed or retained, from time to time, during the pendency of the civil action or proceeding subject to certification by the Supervisor that the person is an employee. Payment of such fees and expenses shall be made in the same manner as payment of other claims and expenses of the Town. Any dispute with respect to representation of multiple employees by the Town attorney or by an attorney employed or retained for such purposes or with respect to the amount of the fees or expenses shall be resolved by the court. c . Where the employee delivers process and request for a defense to the Town attorney or the Supervisor as required by section 3 of this Local Law, the Town attorney or the Supervisor, as the case may be, shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Regular Town Board Meeting 8 06/ 13/2006 paragraph (b) of this section, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense. d. Subject to the conditions set forth in this Local Law, the Town shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his/her public employment duties ; provided further that in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the Town Board of the Town. The duty to indemnify and save harmless prescribed by this subdivision shall not arise where (I) the injury or damage resulted from intentional wrongdoing or fines or penalties, or money recovered from an employee pursuant to section 51 of the General Municipal Law, provided, however, the Town shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees , damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his/her public employment or duties, has, without willfulness or intent on his/her part, violated a prior order, judgment, consent decree or stipulation of settlement entered in any court of this state or of the United States . Section 3 . a. The duties to defend provided in this Local Law shall be contingent upon ( 1 ) delivery to the Town attorney or, if none, to the Supervisor of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after he/she is served with such document and (2) the full cooperation of the employee in the defense of such action or proceeding and defense of any action or proceeding against the Town based upon the same act or omission, and in the prosecution of any appeal . Such delivery shall be deemed a request by the employee that the Town provide for his/her defense pursuant to this Local Law, unless the employee shall state in writing that a defense is not requested. b . The duty to indemnify and save harmless prescribed by this Local Law shall be conditioned upon full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the Town based upon the same act or omission, and in the prosecution of any appeal . c . Upon entry of a final judgment against the employee, or upon the settlement of the claim, the employee shall serve a copy of such judgment or settlement, personally or by certified or registered mail, within thirty days of the date of entry or settlement, upon the Supervisor of the Town; and if not inconsistent with the provisions of this section, the amount of such judgment or settlement shall be paid by the Town. Section 4. The benefits of this Local Law will inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provisions of this Local Law be construed to affect, alter or repeal any provisions of the Workers' Compensation Law. Section 5. The provisions of this Local Law shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance. The Town is directed to provide reasonable insurance coverage pursuant to General Municipal Law § 52 . Regular Town Board Meeting 9 06/ 13/2006 Section 6. As otherwise specifically provided in this Local Law, the provisions of this Local Law shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the Town or any right to defense provided for any governmental officer or employee by, in accordance with, or by reason, any other provision of state or federal statutory or common law. Section 7. The provisions of this Local Law shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this Local Law . Section 8. This Local Law shall take effect immediately upon filing in the office of the Secretary of State of the State of New York as provided in section 27 of the Municipal Home Rule Law . Ms. Marino reserved the right to submit the rest of her comments . Ms . Marino feels that some wording still needs to be changed and she will send these comments and guestions to everyone. Rules of Order M . Ellis had distributed previously some policy and procedures for the "rules of order". Mr. Austic said that he had some questions on these and also refers this to the attorney and then discusses it on June 26th , 2006 . Everyone will submit comments and suggestion on the 6/7/06 suggestions submitted by Mr. Ellis . WD#5 Informational Meeting Mr. Austic was asked to give an overview of how the Public Informational meeting would be handled . Mr. Austic said that he was thinking, as previously stated in the letter that was mailed out, that everyone would sign in and those that are in the proposed district would have the opportunity to ask their questions first . Mr. Austic will do a short presentation, introduce Diane Hillman from Jacksonville, and then introduce Mr. Pond to give an overview of water District #5 and after that open the floor up to questions . Mr. Austic said that he would let Mr. Pond answer the question. Ms. Marino would like Town Board members to have the opportunity to address the residents if they choose to . Open Audit Bids Mr. Austic said that the request for bids were sent out to five firms plus advertising it in the paper. Mrs . Georgia presented the two sealed bids to Supervisor Austic and he opened them in the order received . • Sciarabba Walker & Co. LLP - $ 10,000 * *Note If the Town has not implemented GASB 34, we can provide assistance and invoice the Town at 85 % of our standard hourly rates. This billing would be in addition to the fee quoted for the audit services. We have found our assistance normally takes 15 — 25 hours and is billed at the discounted rate of $98/hour. Regular Town Board Meeting 10 06/ 13/2006 • Johnson Lauder &. Savidge, LLP - $ 15,500 * * Note : The fee quoted is an amount not to be exceeded. Should our time incurred be less then anticipated we will bill you the lesser amount. This fee anticipates audited financial statements, compliance reports, and all required audit communications and incidental client services. It is our understanding that the town has not adopted GASB 34 and report modifications will be necessary, such as having a report modified for excluding infrastructure assets. Out quote has been developed accordingly. Mr. Austic said that two bids have been received that Board members should read and then the Board could make a decision on the 26th of June. Ms. Tyler moved that the bid from Sciarabba Walker be accepted by the Town Board to perform the audit as stated in the RFP with a final report to be completed and distributed to Board members by the October Regular meeting. Mr. Ellis seconded this motion. Ms . Tyler said that her reason for proposing the time line is that she actually talked with all of the firms that had been sent out a request to bid and they all seemed to think a couple of months would be enough time. There was a lengthy discussion in reference to Ms . Tyler calling and talking to all of the firms that were being requested to bid this audit. The attorney suggested that if the Board was going to continue discussion of this they should adjourn to executive session. No motion was heard for executive session. The Board discussed the review of the audit bids. Mr. Ellis motioned to table the decision until the Special Board meeting of June 26, 2006 to award the bid for the audit until the attorney can review and anyone on the Board can review . Mr. Austic seconded the motion. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler nay Mr. Ellis aye Ms . Marino aye Adopted. Mr. Austic moved, seconded by Mr. Ellis to have a Special Board meeting on June 26th , 2006 at 7PM and for the future the Town Board will establish a second Board meeting each month to be held on the last Monday of the month. Mr. Austic nay Mr. Ferrentino nay Ms . Tyler nay Mr. Ellis nay Ms . Marino nay Defeated. Mr. Austic moved, seconded by Mr. Ellis to have a Special Town Board Meeting on June 26, 2006 at 7 PM and for the future the Town Board will establish a second Board meeting for the fourth Monday of each month 7 PM. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Regular Town Board Meeting 11 06/ 13/2006 Ms . Marino aye Adopted. Mr. Ferrentino asked Ms . Tyler to review the audit bids and report to the Board that the bids include exactly what she is looking for in the audit. Zoning Law Amendments Mr. Austic said that the draft Zoning Law amendments were just received by the Board and will be reviewed on June 26°', 2006 . The Planning Board will review these at their meeting on June 20, 2006 . Resolutions to Clarify the April Resolution Ms . Marino had presented the following to the Board prior to the meeting. The general consensus of the Board was that the first part proposed was fine but there were questions on the second part. L Proposed resolution to clarify the intent of the April 11, 2006 Town Board resolution requiring inclusion of the Town Board in communications on behalf of the Town, regarding the proposed Water District Whereas the Ulysses Town Board passed a resolution on April 11 , 2006 stating that the Town Supervisor and his agents will only communicate in writing concerning the proposed Water District #5 on behalf of the Town, upon approval of a majority of the members of the Ulysses Town Board , And whereas it has been recommended by the Attorney for the Town (Bruce Wilson) in his opinion dated May 9, 2006 that said resolution is revised to make the intent clear relative to free speech issues and Board authority, Be it resolved that the intent of said April 11 , 2006 resolution was as follows : The Town Board acknowledges and respects the Constitutional right of all citizens to free speech; the resolution was in no way intended to restrain this right for the Supervisor or any other Town official. The resolution does not pertain to communication as an individual, but only to the authority to speak in writing on behalf of the Town of Ulysses. It was not intended to impede the ability of the Supervisor to perform basic duties as designated under Town Law, but to ensure that the Town Board, as the Executive body, be kept fully engaged in the decision-making process regarding the proposed Water District #5 project. IL Draft "gatekeeper " resolution clarifying authority to speak for the Town, as raised by Bruce Wilson in the Suggestions section of his 5/9/06 opinion : Whereas the Town Board is the Executive body charged with speaking and acting on behalf of the Town (Town Law Section 64) , unless such powers are specifically delegated by resolution to the Supervisor, as per Town Law Section 29( 16) , or to another individual, Be it resolved that effective immediately it is required policy in the Town of Ulysses that any application (full or partial , new or revised) for grant funding or financing, or request for evaluation of funding potential , or any request for review or approval of any project proposed by the Town of Ulysses to any government agency or other entity external Ulysses Town government be approved by the Town Board before it is submitted to the appropriate agency. It is also hereby the policy of the Town of Ulysses that a copy of this resolution will be provided to any engineering or other consulting firm engaged by the Town, at the time a contract is signed. Regular Town Board Meeting 12 06/ 13/2006 This resolution hereby supersedes all previous Town Board resolutions which' may be interpreted as giving the Supervisor, any other member of the Town Board, or any professional contracted with by the Town of Ulysses the authority to make applications (full or partial) for grants, loans, or any other type of project financing, make contractual commitments (verbal or written) on behalf of the Town, or otherwise act in any legal or official capacity on behalf of the Town of Ulysses . All Town Board members including the Supervisor shall identify whether they are speaking by authority of the Board or as an individual when talking with third parties. The Town Board further resolves that at the organizational meeting of the Town Board each January, all resolutions passed from this date forward authorizing the Supervisor, individual Town board members, or any other agents or consultants of the Town to act on behalf of the Town will be reviewed. The Supervisor shall provide copies of all such resolutions in effect to seated and incoming Town Board members at least two weeks prior to such meeting. Ms . Tyler moved, seconded by Mr. Austic the following : Whereas the Ulysses Town Board passed a resolution on April 11 , 2006 stating that the Town Supervisor and his agents will only communicate in writing concerning the proposed Water District #5 on behalf of the Town, upon approval of a majority of the members of the Ulysses Town Board, And whereas it has been recommended by the Attorney for the Town (Bruce Wilson) in his opinion dated May 9, 2006 that said resolution be revised to make the intent clear relative to free speech issues and Board authority, Be it resolved that the intent of said April 11 , 2006 resolution was as follows : The Town Board acknowledges and respects the Constitutional right of all citizens to free speech; the resolution was in no way intended to restrain this right for the Supervisor or any other Town official . The resolution does not pertain to communication as an individual, but only to the authority to speak in writing on behalf of the Town of Ulysses . It was not intended to impede the ability of the Supervisor to perform basic duties as designated under Town Law, but to ensure that the Town Board, as the Executive body, be kept fully engaged in the decision-making process regarding the proposed Water District #5 project. Mr. Austic aye Mr. Ferrentino aye Ms. Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. The second draft resolution presented by Ms . Marino was tabled until the meeting set for June 26 , 2006 . NEW BUSINESS BZA Member Replacement The Town Board is in receipt of one letter of interest from Barbara J. Bristow for the position of the Board of Zoning Appeals vacancy. The Board will set up a time to interview Ms. Bristow. Tompkins County Council of Governments (Letter from Valentino 5/25/06) Regular Town Board Meeting 13 06/ 13/2006 Mr. Austic asked if all of the Board members had received the letter from the Town of Ithaca' s Supervisor Cathy Valentino . Ms . Valentino is requesting a letter of support to form this TC Council of Government. Mr. Ellis moved, seconded by Mr. Ferrentino the following: BE IT RESOLVED that the Town Board of the Town of Ulysses supports the design criteria of the Tompkins County Council of Government. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Community Beautification Grant Resolution Mr. Austic moved, seconded by Mr. Ferrentino the following resolution: Whereas : The Tompkins County Board of Legislators has awarded each town in the county a beautification grant of $ 5000 . 00 each, and Whereas : Several of the project suggestions in the grant proposal are in the village, the proposal would split the grant equally between the Village of Trumansburg and the Town of Ulysses, each municipality receiving a matching grant of $2500 . 00, and Whereas : At the regular village board meeting of June 12 , 2006 the village board accepted their share of the grant responsibility, and Whereas : This is an opportunity for the Town of Ulysses to take advantage of monies generated through the room taxes of local tax paying businesses to make an effort to enhance the town ' s tourist appeal , Now therefore it be resolved that : The Town of Ulysses Town Board resolves to accept the community beautification grant as offered by the Tompkins County Board of Legislators , and Be it further resolved : That funds shall be appropriated in the amount of $2500 . 00 in cash or in kind labor to cover the matching portion of the grant and our share of promotional brochures provided for town and village use. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. The Board asked Mr. Austic to review what Cooperative Ext . had suggested for improvements in Ulysses under this grant as follows : • Improve Warren Overlook on Route 89 — prune sumacs and install signs in advance of the overlook. • Visitor information signs at Taughannock State Park and at Warren Overlook • Plantings at the new welcome sign at the County line ( Rt. 96 coming from Seneca County) and a new or pruning the sign on Perry City Road • Work in Jacksonville in front of the businesses (if not already done) Regular Town Board Meeting 14 06/ 13/2006 Mr. Austic will get a copy of these proposals before anything is done. Water Commission Action Mr. Austic said that in Water District #3 there is a person that is refusing to abide by DOH rules and have the backflow inspections done on an annual basis as required by the Department of Health. Mr. Austic has sent him a letter requesting him to abide by this rule. Mr. Austic called Bolton Point and what they do is give a two day notice and then turn the water off This is at an apartment house so Mr. Austic said he would probably have to notify each tenant. Mr. Austic needs Board approval . The Board suggested sending a certified letter to the owner and follows the Town of Ulysses ' Local Water Law. Mr. Austic will get a letter from the TC Health Department and Bolton Point on the procedure as what to do and the Board will make a decision at the June 26`h, 2006 meeting. There has been a study done by the engineer to see if including West Hill Church in Water District #3 would in any way affect other uses in the district and it was determined that it would not detrimentally effect Water District #3 by having them included. A decision in the future will have to be made. Other Mr. Austic asked if there was any other new business . Ms . Tyler asked if the computer system at the pump station had been resolved . Mr. Austic said that Mr. Pond is having a person do this once he has gotten the specifications that he needs and he will give us an estimate as to what it may cost. Mr. Austic said that the idea is that the Town still has around $60,000 of the original EFC Loan for District #3 and this could be used, after the Town uses that money there would be no sense keeping the remainder and it could be returned as part of their payment for District #3 , which would reduce next years payment. Mr. Wilson commented on the West Hill Church water extension and suggested that the Town of Ithaca send the Town of Ulysses a letter stating that they do not have a problem extending the waterline to the church because it is an extension of the line. Ms . Marino asked if the Board should take a few minutes after the Public Informational meeting to discuss how they will be evaluating the information that comes out of that meeting and when to meet again with the Village because it is Ms . Marino ' s understanding there is a time constraint. Mr. Ferrentino expressed his concerns and interest to have another joint Village Town meeting. Public Comments Mr. Chase made a few inappropriate comments . Hearing no further business Mr. Ellis moved to adjourn, seconded by Mr. Ferrentino . Unanimously approved. Meeting adjourned at 10 : 05 PM . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG: mlg