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HomeMy WebLinkAbout2006-06-26 - TB TOWN OF ULYSSES SPECIAL BOARD MEETING JUNE, 26, 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. Others Present: none Supervisor Austic called the meeting to order at 7 : 00 PM. Bid for Audit Ms . Tyler moved, seconded by Mr. Ellis the following : BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the lowest bid from Sciarabba Walker & Co . , LLP in the amount of $ 10,000 for a full opinion audit not including GASB 34 . FURTHER RESOLVED that the audit be completed and presented to the Town Board of the Town of Ulysses on or before October 10, 2006. Mr. Austic aye Mr. Ferrentino aye • Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Set Public Hearing for West Hill Church to Be Included in District #3 Mr. Austic moved, seconded by Mr. Ellis the following: BE IT RESOLVED that the Town Board of the Town of Ulysses set a public hearing for July 11 , 2006 at 7 : 00 PM for the purpose of hearing public comments on including West Hill Church at 3049 VanDorns Corners Road, Tax Parcel #34- 1 -27 in Water District #3 . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Part II Draft Gatekeeper Resolution Ms . Marino moved, seconded by Ms . Tyler the following: 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 • Special Town Board 2 06/26/2006 or approval of any project proposed by the Town of Ulysses to any government agency or other entity external toUlysses 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. 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. Mr. Austic aye Mr. Ferrentino aye Ms. Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Local Law # 1 - 2006 . The public hearing is scheduled for this for July 11 , 2006 prior to the Regular Town Board meeting. The Town Board still have some questions for Mr. Wilson before the hearing on the language of the law. The edited version will be ready for the public hearing. Ms . Marino reviewed her changes . Rules and Procedures Mr. Ellis presented a revised version of the draft rules and procedures he had presented previously. They are as follows with the changes made by the Town Board. TOWN OF ULYSSES RULES OF PROCEDURE FOR TO\VN BOARD MEETINGS Be it resolved that all rules listed herein are adopted as the Rules of Order for all meeting and types of meetings of the Town Board. 1 . Meetings, Defined and Called 1 . 1 . Regular Meetings of the Board The Board will meet at 7 :00 PM on the second Tuesday of each month. Meetings will be conducted in the boardroom at the Town Hall. The Board Member known as the Supervisor shall preside. In the absence of the Supervisor the members present, assuming a quorum, shall elect a Chair for the meeting ,from the Board memberspresent. . - - { Deleted: . 3 Special Town Board 3 06/26/2006 1 .2 . Regular Working Session A working session of the Board will convene at 7 : 00 PM on the fourth Monday of each month. Meetings will be conducted jn the Town Hall. The themes should be announced - - - l Deleted: in the small meeting room at the proceeding Friday in writings but this is also the venue for introducing new themes. A the formal Agenda is not required. At least the Agenda for the Regular Meeting should be { Deleted: advance discussed. Business tabled at the Regular Board Meeting may resolved if so designated. 1 .3 . Calling Special Meetings , _ - - - - { Deleted: ¶ Special meetings of the Town Board are all those Town Board meetings other than Regular Meetings . A Special Meeting may be called by the Supervisor upon two-calendar day' s written notice to the entire Town Board. For the meeting to address any motions the Supervisor, if challenged, must be able to demonstrate that effective notice has been give Additionally; the Supervisor must call a Special Meeting within ten calendar days of a written request by any two Councilpersons . 1 .4. ,Public Hearings _ - - - - { Deleted: Special Meetings, Public Hearings may be called according to the State or Local, Law or Ordinance that applies. The intervals specified in such Laws and Ordinances are the minimum intervals for the giving of notice. Notice shall be published in the both the Ithaca Journal and the Trumansburg Free Press whenever possible. 2 . Meetings, Forms 2. 1 Written Notice shall be (Mr. Ellis will write up something covering email notification and submit to the Board) 2 .1 Quorum _ - _ - - - { Deleted: I A Quorum shall be required to conduct business and pass any resolution. A Quorum of the five-member Town Board shall be three . In the absence of a Quorum, a lesser number may adjourn and compel the attendance of absent members . I 2 .3 Majority and Supermajority ( Deleted: 2 A Majority of the five-member Town Board shall be three, all present . There is no proxy voting. A Supermajority shall be four in all cases . 2 4. Executive Sessions _ _ _ - ( Deleted: 3 ,Executive Sessions shall be held in accordance with the N.Y. Public Officers Law _ - _ - - - { Deleted: Section 105 . 11 Executive Sessions shall be commenced in a Regular or Special Meeting. The membermaking a motion shall state the basis for going to Executive Session under _ - - { Deleted: Upon the law for Executive Session. The Board must also resolve any persons other than the _ _ _ _ - { Deleted: t Board Members who may attend and state how it is that minutes will be kept. The motion may also specify what information, if any, will be returned to the regular session . 3 . Meetings, Order of Business 3 . 1 Agendas The Agenda for all meetings except the Working Session shall be prepared by the Supervisor. The Supervisor, or any other Councilperson, or any other elected Town Official may have an item placed on the Agenda ., items must be submitted by the end of - - - { Deleted: Off the day 6 days prior to the publishing of the agenda. The Supervisor shall include any - - { Deleted: . items so requested. Items of Interest requiring no action shall be given to the Supervisor for listing in the Agenda at least 1 day, before the meeting. Transmission by email is - - ( Deleted: 24 hours acceptable. 3 .2 Agenda Order for Regular Meeting: Special Town Board 4 06/26/2006 J . 7 :00 Board Review Of Claims - { Deleted: 3 2 . 7 :30 Call To Order. Pledge Of Allegiance 3 . Approval Of Minutes : RTB 3/ 14 4. 4. Approval Of Claims 5 . ?Reports Of Representatives . - - { Deleted: 5. A. (3 Min) County Representative B . (3 Min) Village Representative C _ (3 Min) Trumansburg Fire Department - - - - { Deleted: B. D_ (3 Min) Planning Board Report - - - { Deleted: C. 6. Privilege Of The Floor To The Public With 1 Minute Limit (May ask for continuance by added to the Agenda of this or a later meeting.) 7. Privilege Of Floor To Board Members With 2 Minute Limit 8 . Town Reports ( 15 Min) a. Highway Superintendent b . Code Enforcement Officer c . Town Clerk d. Board Member And Committees e . Supervisor , ( Deleted: .. f. Deputy Supervisor 9 . Old Business ' a. xxx b . xxx 10. New Business a. xxx b. xxx 11 . Public Comments 12. Correspondence 13 . Additional Items 3 .3 Meetings, Adjournment 1 The motion to adjourn is not debatable, but the Supervisor may, after the second, describe the nature and consequence of adjourning with any scheduled business left unfinished. 3 .4 Questions of Order Questions of Order beyond these Rules are to be resolved by reference to Robert's Rules of Order. The Board shall annually name a Parliamentarian from among the Board Members to issue ruling from Roberts as required. The Parliamentarian will read the basis for the ruling aloud. Any such ruling is to be treated as temporary waivers of these Rules unless these Rules are permanently amended by Supermajority to include it. 4 . Conducting a Meeting 4. 1 Seating Board Members will be seated together at a table and be able to see each other. Any other privileged speaker will be seated at some place that is separate from the public seating. This separation is necessary to avoid confusing the public as to who may speak. I 4.2 Public Decorum (Don will work on a opening statement) An opening statement shall be made in every meeting directing those who are present as to their behavior, what is expected of them, and when it is that they may participate. In the event of disruptive behavior, the public shall be told that after one warning, any person speaking, or otherwise being disruptive, during the Board proceeding will be Special Town Board 5 06/26/2006 asked to leave . Disruptive behavior shall be name-calling, swearing, defaming, shouting, addressing persons inappropriately, or other similarly disruptive behaviors found offensive by the Supervisor a majority of the Board. At any time the Supervisor may address the public on matters having to do with process and decorum. This shall be done promptly when there is a breach and there shall be no exceptions . 4.3 Public Decorum When Speaking When invited to speak a member of the public shall be instructed to give their name, first and last. ,In speaking, the public should address the whole Board. They may not speak to - Deleted: The Clerk will immediately Interrupt to repeat back that name and to other persons in the room, nor may other persons speak to them, except that persons state that person's pertinent role in the appearing with a domestic partner, family member, or councilor may have the orderly community if any. As an example, \\ Jane I support of the other person. The second person shall give his or her names Doe, aoe is the Supervish in t Town of Hecctor." Members of the e Public shall address the Supervisor when speaking. 4 .4 Board Decorum ' Deleted: name and in repeating the A Board Member wishing to speak may assume the privilege by simply entering the name the Clerk will clarify the second person's role relative to the first. ¶ conversation during a pause. A member who raises a hand for privilege shall be I recognized pext by the Supervisor. The Supervisor shall assign order of speaking based - - - l Deleted: ¶ on the order in which hands are raised. Members may not speak simultaneously and may l ¶ J not interrupt each other. The Supervisor shall interrupt any member who speaks continuous for more than one minute. Generally, a member who has not yet addressed the question shall be given privilege over those who have. The Board shall address only the Supervisor, other Board members, and the privileged speakers . The Board stopped the review of this document here and will continue at the next meeting. 4 . 5 Members speaking with the Public, Board members shall not address the public except during the time allocated for public participation, and then only when the Supervisor indicates that they may do so. The indication shall only be made when the Board member indicates an interest in speaking with the person in the public. 5 . Motions : 5 . 1 Motions Defined The business of the board shall be conducted as a series of motions . (A historical note: The Town Board has a history of conducting business without motions . This loose practice must end if these rules are to have any effect. Casual suggestions, assignments on the side, and the "Yeah, we'll do that. " Might seem friendly and " small town" to those who have thought about what is being agreed and agree with it, but to those opposed to the action, or who might later wish they had opposed the action, the casualness is not friendly at all. Some casual actions have in fact been "new resolutions " . They need to be treated as such.) Any Board Member may make any Motion at any time when there is no other Motion on the floor. If the Motion fits clearly within a item listed later on the Agenda the Supervisor may rule it out of order. ' 5 .2 Seconds to Motions A motion shall not be discussed until it has a Second. A member making a Motion may restate it once in seeking a Second, but may not argue for the Second. 5 . 3 Voting on Motions Voting shall be by stating" Aye" or "Nay" . The Clerk shall immediately state the outcome. 6. Resolutions : 6. 1 . Resolutions Defined A Resolution is a kind of Motion and follows the rules of Motions . In general, Motions have impact upon the meetings in progress and resolutions, if passed, have standing beyond the meeting. 6.2 . Presentation of Resolutions It is preferred that Resolutions be in writing prior to the meeting and must be in writing if they are instructions to any body or person. A Resolution may be written out during the Special Town Board 6 06/26/2006 meeting. Ideally, new Resolutions are presented first at a Working Session. New Resolutions may be presented at a Regular Meeting and acted upon if copied to all members two calendar days prior to meeting. 6.3 Resolutions without Notice A New Resolution offered without notice may be debated, but unless there is a Supermajority to waive these Rules it shall be tabled without a vote, and unless withdrawn by the Board Member making the Motion, it will automatically be on the Agenda of the next Regular Meeting. 6 .4 Resolution Exceptions The Supervisor may present Emergency Resolutions without notice. They may be ruled out of order by a Supermajority. 7 . Standing of these Rules 7. 1 These Rules apply to all meetings of the Town Board, including Working Sessions . 7 .2 Enactment and Permanent Removal of these Rules require a Supermajority voting in two consecutive meetings . 7.3 The Rules may be waived during any session by a Supermajority. Such waivers stand for only the session when voted. Discussion of Back Flow Mr. Austic advised the Board that the water customer who has refused to-date to have his water system back flow inspected has still not complied with the Town ' s Local Water Law. Mr. Austic spoke with Bolton Point and the Health Department on how they normally proceed in a case like this. Also Mr. Austic checked with Bolton Point on how much they would charge for a back flow inspection. Bolton Point advised Mr. Austic that they would perform all the inspections in the Town of Ulysses that require such an inspection and that they would do it for a fee of a total of $ 100. (The Town at this time only has four customers with back flow preventions .) We would still have to get permission from each customer that would need this inspection. Mr. Austic ' s suggestion is that the Water District pays this fee. The Board discussed the charging of the inspections and the procedure to follow for the customer who has not conformed and been inspected. Mr. Austic needs a consent order from the Board to continue . Mr. Austic has given the customer written notice. What Mr. Austic needs now is an Administrative or Consent Order from the Town Board to continue. The following is extracted from Local Law Water District #3 . 14 .0 ENFORCEMENT AND PENALTY 14 . 1 Administrative Remedies 14 . 1 . 1 Notification of Violation Whenever the Superintendent finds that any User has violated or is violating this Law, or any Permit, order, prohibition, limitation, or requirement permitted by this Law, the Superintendent may serve upon such person a written notice stating the nature of the violation. Within ten ( 10) calendar days of the date the Superintendent mails the notice, an explanation of the violation and the User thereof shall submit a plan for the satisfactory correction and prevention to the Superintendent. The correction and prevention plan shall include specific actions . Submission of this plan in no way relieves the User of liability for any violations caused by the User before or after receipt of the Notice of Violation. Special Town Board 7 06/26/2006 14. 1 . 2 Consent Orders The Superintendent is hereby empowered to enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the User responsible for the noncompliance. Such orders shall include specific action to be taken by the User to correct the noncompliance within a time period also specified by the order. 14. 1 . 3 Administrative or Compliance Orders When the Superintendent finds that a User has violated or continues to violate this Law or a Permit or administrative order issued there under, he/she may issue an administrative order to the User responsible at the direction of the Town Board, directing that, following a specified time period, water service shall be discontinued, severed and abated unless the violation is corrected and that there is no reoccurrence of the violation. Administrative orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance . The User may, within fifteen ( 15) calendar days of receipt of such order, petition the Superintendent to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then: 1 . Reject any frivolous petitions ; 2 . Modify or suspend the order; or 3 . Order the petitioner to show cause in accordance with Section 14. 1 . 8 and may as part of the show-cause notice request the User to supply additional information. 4. Accept the petition in full or in part. 14. 1 . 4 Administrative Fines Notwithstanding any other section of this Law, any User who is found to have violated any provision of this Law, or permit or administrative order issued hereunder, shall, at the discretion of the Town Board, be fined in an amount not to exceed one thousand dollars ($ 1 ,000 .00) per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. The discussion continued about notifying the customer that the water would be shut off, hiring Bolton Point to do inspections, which would pay for it and the procedure to get the customer to compile. Ms . Tyler said that she thinks the Town should have Bolton Point do the inspections and bill the customers . Mr. Austic does not think that would work because customers have the right to hire whom they choose. Ms . Tyler moved to hire Bolton Point at a $ 100 for the inspections on the back flow devises and bill the customers for it. Seconded by Mr. Ferrentino . Mr. Austic nay Ms. Marino nay Mr. Ellis aye Mr. Ferrentino aye Ms . Tyler aye Adopted. Special Town Board 8 06/26/2006 It is noted that after the vote laughter broke out amongst the Board members and Ms . Marino stated that the vote should go down in history because she and Mr. Austic agreed on something. On this note the meeting was adjourned at 9 : 05 . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk