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HomeMy WebLinkAbout2006-08-08 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING AUGUST 8, 2006 Present : Supervisor Douglas Austic ; Town Council Don Ellis, Rod Ferrentino and Lucia Tyler; Councilwoman Roxanne Marino absent ; Town Clerk Marsha L. Georgia; Deputy Supervisor Richard Coogan; Town Highway Superintendent James Meeker; and Town Attorney Bruce Wilson. Others Present: County Legislature Representative James Dennis . 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. APPROVAL OF MINUTES Ms. Tyler previously submitted minor changes and corrections to Mrs . Georgia on the minutes of the Regular Town Board meeting of July 11 , 2006 and the Special Town Board meeting of July 24 , 2006 . Ms . Tyler moved, seconded by Mr. Austic to approve minutes of the Regular Town Board meeting of 7/ 11 /2006 and the Special Town Board meeting of 07/24/2006 as corrected and changes. Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Mr. Ferrentino aye (7- 11 -2006) abstained (7-24-06) Adopted. Mr. Ellis moved, seconded by Mr. Austic to approve the minutes of the May 16, 2006 Special Board meeting . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler abstained Mr. Ellis aye Adopted. Mr. Austic moved, seconded by Ms . Tyler to table the minutes of the Public Hearing meetings of 07/24/2006 . Mr. Austic aye Mr. Ferrentino aye Ms. Tyler aye Mr. Ellis aye Adopted. PUBLIC PRIVILEDGE OF THE FLOOR No one spoke. APPROVAL OF CLAIMS Mr. Ellis moved, seconded by Ms . Tyler to approve the previous examined vouchers numbers #325 through #364 in the amount of $25 , 199 . 78 . Mr. Austic aye , _ . . ] , Regular Town Board Meeting 2 08/08/2006 Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Adopted. REPORTS OF REPRESENTATIVES County Legislature Representative James Dennis reported that the County Legislature is considering approving a new County real estate transfer tax that would authorize them to impose a real estate transfer tax of two dollars per thousand for each conveyance of residential and commercial real property within the county. New York State currently has a transfer tax on the sale of homes at $4 per thousand. Mr. Dennis favors this new transfer tax and the legislature will vote on it soon. Mr. Dennis reported that the New York State Association of Realtors does not favor this transfer tax because they believe it is another burden on first-time buyers in Tompkins County. Mr. Dennis also urged the Town Board to let the Recreation Partnership of know of their decision so they can work on their budget. Mr. Austic stated that the Town Board will let them know when the Board can work on the Town budget in October or November. TRUMANSBURG FIRE DEPARTMENT No one in attendance. PLANNING BOARD REPORT j No one in attendance. OTHER No other business heard at this time . TOWN REPORTS Highway Superintendent James Meeker reported that the highway crew patched roads, mowed all roadsides, fixed up minor flood damage, patched a driveway on Garrett Road, and installed new culverts on Houghton Road and Garrett Road. Mr. Meeker also reported that his new truck should be done and available possibly by the end of August or the first of September. Mr. Meeker has made an amendment to the Memorandum of Understanding over the road swap with Tompkins County Highway Department. Mr. Meeker would like the Town Board to accept the amendment so that he can forward it on to the County. The only thing altered on the Memorandum is that Mr. Meeker changed the date in the last paragraph to read October 1 , 2006 instead of the original date of September 1 , 2006 . Mr. Ellis moved, seconded by Mr. Austic to accept the following Memorandum of Understanding : This Agreement is by and between the Town Of Ulysses, 10 Elm St. Trumansburg, New York 14886, hereinafter referred to as the "Town " and the Tompkins County, 125 East Court St. , Ithaca, New York 14850, hereinafter referred to as "County '. Whereas, Tompkins County maintains 41 . 94 miles of roads in the Town, and in reviewing the classification of said roads, it has been determined that the roads, as noted in Regular Town Board Meeting 3 08/08/2006 Attachment A, have been deemed local in classification . It has also been determined that other roads that are currently Town roads should be County roads. The parties agree as follows: On September 1, 2006, at 12: 01 am, Krums Corners Road, (approximately 0. 7 miles) shall become County Road 141 , and On September 1, 2006, at 12: 01 am, Iradell Extension (approximately 0. 2 miles) shall become County Road 177, and On September 1, 2006, at 12: 01 am, Agard Road, (County Road 144, approximately 1 . 41 miles), shall become a Town Road, and On September 1, 2006 at 12: 01 am, Falls Road (County Road 143F, approximately 1 . 58 miles), shall become a Town Road. This Memorandum shall be effective upon execution, It is further agreed that both parties to this agreement will work cooperatively to assure the maximum benefit to the residents of Tompkins County. Transfer of roads to the Town shall be in accordance with the guidelines as noted and agreed upon by both parties, as noted on Attachment A . After Oct. 1, 2006 if the County and Town Superintendent agree on work that has been completed the County Attorney shall submit the final paperwork to the Town of Ulysses Attorney for review. The documents will then go to The Town of Ulysses Town Board. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Adopted. . Code Enforcement Officer Alex Rachun was absent and had previously distributed his monthly report to the Town Board . Mr. Coogan read from the report that five permits were issued; two for single-family homes, five for additions and five for businesses . Also one Zoning Board of Appeals application and one Site Plan Review application have been received. Town Clerk Marsha L. Georgia reported that a total of $ 1649 was collected in fees for the month of July. Mrs . Georgia announced that the 2006/2007 Sporting licenses go on sale starting August 14, 2006 . Board Members and Committees No reports were heard. Supervisor Doug Austic previously distributed his monthly financial report and the Board had no questions . Mr. Ellis did remind Mr. Austic that a transfer needed to be done to pay for the upcoming audit. Mr. Austic moved, seconded by Mr. Ellis the following : BE IT RESOLVED that the Town Board of the Town of Ulysses transfer $ 8000 from A1990.4 Contingency Fund and increase A1320 . 4 Audit Fund. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Regular Town Board Meeting 4 08/08/2006 Mr. Ellis aye Adopted. Mr. Austic reported that the back flow inspections have all been taken care of. Deputy Supervisor Richard Coogan said that the Stormwater Committee is looking to the Town Board to pass the Stormwater Local Law (presented to the Board at the last meeting) and to make sure that the Board puts a budget line in the 2007 Town Budget and they are requesting $2000 . The Stormwater committee would like 2007 to be a trial year for the Stormwater Law before it is mandated in 2008 . Mr. Coogan said the committee was looking into an overlay district for the steep slopes ; which they are now starting to coordinate this effort with the Comprehensive Committee, the Planning Board and the Westside Homeowners Association on the lake. Mr. Coogan reported that the Jacksonville Park has been renovated thanks to the hard work of Chris Lockwood who did the work to receive his Eagle Scout badge. The Comprehensive Plan Committee is still meeting and for now they are working on the questions for the survey. Mr. Meeker said that the Soil and Water is promoting the seeding down of ditch banks . Mr. Meeker said that he did a ditch project and he contacted Soil and Water in May to come out and do the seeding and to date they have not shown up . Mr. Meeker asked Mr. Coogan to look into this and follow-up . Mr. Ellis asked Mr. Coogan to provide a copy to the Board of the five-year report of building permits he is preparing for the Comprehensive Plan Committee. OLD BUSINESS Rules and Procedures Attorney Bruce Wilson provided an edited version of the Rules and Procedures that Mr. Ellis had emailed the Board. The Board reviewed the changes and corrections and made changes . Mr. Ellis moved, seconded by Mr. Austic the following : BE IT RESOLVED that the Town Board of the Town of Ulysses accept the following Rules and Procedures : RULES and PROCEDURES TOWN OF ULYSSES RULES and PROCEDURES FOR TOWN BOARD MEETINGS Be it resolved that all rules listed herein are adopted as the Rules of Order for all meetings 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 members present. 1 .2 . A working meeting of the Board will convene at 7 : 00 PM on the fourth Monday of each month. Meetings will be conducted in the Town Hall . The themes should be announced the proceeding Friday in writing, but this is also the venue for introducing • Y Regular Town Board Meeting 5 08/08/2006 new themes . A formal Agenda is not required . At least the Agenda for the Regular Meeting should be discussed. Business tabled at the Regular Board Meeting may be resolved if so designated. 1 . 3 . Calling Special Meetings Special meetings of the Town Board are all those Town Board meetings other than Regular or Working 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 given. Additionally, the Supervisor must call a Special Meeting within ten calendar days of a written request by any two Councilpersons . 1 .4 . Special Meetings, Public Hearing Public Hearings may be called according to the State or Local , Law or Ordinance that applies. The intervals of time 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 also the Trumansburg Free Press whenever possible . 2 . Meetings, Forms 2 . 1 . Notice Written notice may be sent by regular postal mail or email . The preferred method for notice is by email . The sender must list the other four members in the "cc : " field. A reply from any one member must be a "reply to all " . All members will be considered to have received the notice if all reply to it. Members are responsible for keeping their addresses of record current, both postal and email . 2 . 2 . Quorum 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 . 2 . 3 . Majority and Supermajority 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 Executive Sessions shall be held in accordance with the N.Y. Public Officers Law Section 105 . 11 Executive Sessions may be commenced in a Regular or Special Meeting. The member making a motion shall state the basis for going to Executive Session under the law for Executive Session . The Board must also by resolution designate any persons other than the Board Members who may attend and state who it is in the minutes . Minutes will not generally be kept of an executive session . 3 . Meetings, Order of Business 3 . 1 Agendas The Agenda for all meetings, except the Working meeting, 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 the day 6 days prior to the distribution of the agenda . The Supervisor shall include any 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 notice, as above, is acceptable . 3 .2 Agenda Order for Regular Meeting: 1 . 7 : 00 Board Review of Claims 2 . 7 : 30 Call To Order, Pledge of Allegiance 3 . Approval of Minutes : Regular Town Board 3/ 14 4. Approval of Claims 5 . Reports of Representatives A. (3 Min) County Legislator B . (3 Min) Village Representative C . (3 Min) Trumansburg Fire Department Regular Town Board Meeting 6 08/08/2006 D . (3 Min) Planning Board Report 6 . Privilege of The Floor To The Public With 1 Minute Limit (May ask for continuance if 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 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 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 for questions not covered under these rules . The Parliamentarian will read the basis for the ruling aloud. Any such ruling shall prevail unless over ruled by a Supermajority. 4 . Conducting a Meeting 4 . 1 . Seating Board Members will be seated together. Any 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. 4.2 . Public Decorum 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 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 or 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. The Clerk will immediately interrupt to repeat back that name and to state that person ' s pertinent role in the community if any. As an example, "Jane Doe, Jane is the Supervisor in the Town of Hector. " In speaking, the public should address the whole Board. The speaker may not speak to other persons in the room, nor may other persons • speak to them, except that persons appearing with a domestic partner, family member, or councilor may have the orderly support of the other person. If that is the case, that person shall give his or her name and in repeating the name the Clerk will clarify the second person ' s role relative to the first. 4 .4 . Board Decorum A Board Member wishing to speak may assume the privilege by simply entering the conversation during a pause . A member who raises a hand for privilege shall be recognized next by the Supervisor. The Supervisor shall assign order of speaking based on the order in which hands are raised. Members may not speak simultaneously and may not interrupt each other. The Supervisor shall interrupt any member who speaks continuously for more than one minute . Generally, a member who has not yet addressed Regular Town Board Meeting 7 08/08/2006 the question shall be given privilege over those who have . The Board shall address only the Supervisor, other Board members, and the privileged speakers . 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 . 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 an 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 . 5 .4 . Presentation of Motions It is preferred that Motions be in writing prior to the meeting and must be in writing if they are instructions to any body or person . A Motion may be written out during the meeting. Ideally, new Motions are presented first at a Working Session . New Motions may be presented at a Regular Meeting and acted upon if copied to all members by 5 PM on the preceding Friday to meeting. 5 . 5 . Motions 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. 5 . 6 . Motion Exceptions The Supervisor may present Emergency Motions without notice . They may be ruled out of order by a Supermajority. 6. Standing of these Rules 6 . 1 . These Rules apply to all meetings of the Town Board, including Working Meetings and Special Meetings . 6 .2 . Enactment, Amendment or and Permanent Removal of these Rules require a Supermajority voting in two Regular Meetings . 6 . 3 . The Rules may be waived during any session by a Supermajority. Such waivers stand for only the session when voted. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Adopted. This resolution requires an additional supermajority vote at the next Regular Town Board Meeting to be adopted. WD # 5 DISCUSSIONS Regular Town Board Meeting 8 08/08/2006 Mr. Austic said that he called EFC and they had no logical reason for placing the Town of Ulysses ahead on the readiness list. Mr. Austic said that neither he or Mr. Pond nor anybody had requested it. EFC said they thought that the original submitted plan was sufficient to move it ahead. Ms . Tyler asked if EFC felt it was a priority because of the Park. Mr. Austic said that could be possible, but they did not say that, but Ms . Tyler is welcome to call and ask them. Mr. Austic said that he knows that some of the Board does not agree with him, but he is going to make the following resolution. He moved the following : (Mr. Austic said that he had previously distributed a copy of this resolution to all Board members a few weeks ago .) MAP, PLAN AND REPORT RESOLUTION Whereas : The Town of Ulysses has contracted with Barton & Loguidice LLP to conduct a study to determine the feasibility of the formation and construction of a water district to supply municipal water to some areas of the town with water quality issues, the Finger Lakes State Park at Taughannock and to supply the Village of Trumansburg a second source as per health department requirements, and Whereas : The study has been completed and reviewed at several meetings with the consulting engineers, and by the town board at several meetings, and Whereas : The Environmental Facilities Corporation has awarded the town a 30 year no interest loan for the project based on the preliminary engineering study; and Whereas : Taughannock Falls State Park and the Village of Trumansburg are under Health Department orders to remedy with time constraints, and Whereas : The next step in district formation is to complete a map plan and report to provide more complete information as to the boundary scope of the proposed district and additional information to allow for district formation if the Town Board so desires, Now Therefore Be It Resolved : That the Town Board of the Town of Ulysses enter into a contract with Barton & Loguidice LLP to prepare said map plan and report from the proposal presented in their feasibility study in order to move the process along in an attempt to satisfy the concerns of the health department and town residents that the Town Board is seriously considering the formation of Ulysses Water District # 5 as proposed. Mr. Ferrentino seconded the motion and Mr. Austic opened the floor for discussion. But before that he stated that his reason for this resolution (distributed the following schedule) is that the Town is very behind in the schedule and each one of the items on the schedule takes a long time to complete. Mr. Austic gave some examples such as the three to four hundred bore samples that are stored in the Town Hall so that contractors who bid will know the soil samples . Also the archeological work also takes time; you have to do the environmental reviews and other things to prevent the Town from getting far behind in any of the scheduled work. Schedule is as follows : Water District # 5 Proposed Schedule by B&L to Meet Bid Time of 1 -2-08 May 2006 Endorse WD5 Project (subject to minor refinements) Finalize Engineering report for DOH June 2006 Final Report to EFC 1 Regular Town Board Meeting 9 08/08/2006 Commence Environmental Commence Water Supply agreements with Bolton/Ithaca July 2006 Prepare draft map, plan and report Commence SEQR August 2006 Complete MPR Complete SEQR September 2006 Public Informational meeting to present MPR Finalize MPR October 2006 Finish MPR November 2006 SEQR Declaration District Formation Prepare DWSRF application December 2006 Complete supply agreements Finish and submit DWSRF application February 2007 Close on short term funding Commence Environmental Permitting and system design September 2007 Regulatory Review January 2008 Bid advertisement February 2008 Receive Bids March 2008 Award Construction Contract April 2008 Start Construction Mr. Austic feels that the Town should move forward. Doing the Map, Plan and Report does not mean the Town still can not continue its talks with the Village or do other things. Mr. Austic said that $ 30,000 was put into the 2006 budget for the Map, Plan and Report. Mr. Austic ' s question is why hold it up and not go to the next step . There will be three more chances to say no to this project, but the Map , Plan and Report will give us better information. Ms. Tyler and Mr. Ellis felt that Mr. Austic just dropped this resolution on them . Mr. Austic said that he had given the Board copies of this resolution several weeks ago . Mr. Ferrentino said that he has it, but neither of the other two Board members could find theirs and were very sure that they had not received a copy. Copies were made for Ms . Tyler and Mr. Ellis . Mr. Ellis said that there are a number of other things that the Town Board has talked about that should be included in the resolution such as having an attorney talk about Intermunicipal cooperation, looking into the Town ' s situation, seeing if there is not some way that the two municipalities can work together and accomplish something better than the method that the Board has in front of them . Mr. Austic feels that is an issue different than having the Map, Plan and Report completed. Regular Town Board Meeting 10 08/08/2006 Ms . Tyler said that the Town has not heard back from the Village . Mr. Austic said that is also another issue and those talks still can continue. Mr. Ellis said that it is a different issue, but the timing is the same, what sense would it make to come to the end of a Map, Plan and Report without having taken a look at alternatives that could change the outcome. The issue with the Village is, what can the Town do to help reduce their income lose? It is not that the Town needs an agreement with them to do this water district. . Ms. Tyler knows that the Town does not need an agreement, but thinks that the Town owes it to those people to continue talks . Mr. Austic again said that the talks can continue. Ms. Tyler brought up alternatives again. Mr. Austic said that Ms. Tyler does not understand that alternatives can not be considered and still keep the funding . Mr. Austic asked if he had heard a second. (Seconded had been made . ) Mr. Ellis asked if Mr. Austic was ending discussion. Mr. Austic replied, no . Mr. Ellis said that this resolution is a commitment to spend a great deal of money, which there is no method that the Town can recover. Mr. Austic said that there is a good possibility that Winners office is in favor of covering the expense. Mr. Ellis said that he commends Mr. Austic for looking into that money, but asked if Winner is willing to give that money for the MPR even if the Town Board never votes to go ahead with the project? Mr. Austic felt that he would. Mr. Ellis said that he felt there should be a "whereas" that deals with the fact that money is available and how much that money is and that the Town is going to put it at risk. Mr. Austic said the money is available. Mr. Ellis disagreed and said that the money is in a reserve fund and can not be transferred without an action from the Board. Mr. Austic and Mr. Ellis did both agree that the money was put into the budget for this purpose. Mr. Ellis said that if he lost the resolution after Mr. Austic gave it to him several weeks ago he apologizes . If it had been mentioned at the meeting of the Water Committee he would have looked for it . Mr. Austic said the Map, Plan and Report were mentioned several times at that meeting but it was not the place to do the resolution. Mr. Austic called the vote : Mr. Ferrentino aye Mr. Ellis asked to make a motion to table this resolution. Regular Town Board Meeting 11 08/08/2006 A discussion took place, a motion for tabling can not be done after the vote has been called and the vote had started. Mr. Ellis asked to have it reflected in the minutes that he felt Mr. Austic cut off debate and called the vote and he was protesting. Vote Continued. Mr. Austic aye Mr. Ellis abstained Ms . Tyler abstained Failed. Mr. Ellis put it into record that he abstained because he had only had the motion in front of him for less then fifteen minutes, not dated and it is a motion of large consequences involving spending as much as $ 80, 000 of the Towns money. Mr. Austic corrected Mr. Ellis and said that the Map, Plan and Report is anticipated to cost around $20,000 to $25 , 000 and there was $ 30 ,000 put in the 2006 budget. Ms . Tyler also said that she abstained as well because she felt that this is a serious thing and has not had adequate time to think about it . Ms . Tyler said before going on to new business she would like to ask Mr. Austic, once again, along with considering the Map , Plan and Report, what his vision is for this district . Ms . Tyler said she understands the technicalities of it and getting the maximum number of points and all that but she is trying to get what Mr. Austic was thinking when he originally proposed the project. Mr. Austic said the original thought was to provide the Village with a second source and then the State Park came along and needed water so the thought was to try that, but to qualify for loans and especially no interest loans areas were added were other needs could be met. Ms. Tyler said she has heard Mr. Austic talk about water district #6 . Mr. Austic corrected her and said that was Mr. Ellis that had said that. Ms . Tyler said she wondered if Mr. Austic had a vision . Mr. Austic said he does not have a vision. Mr. Austic said he thinks the Town does what they can for the Town at the time that is affordable and visible. Mr. Austic said that he has had calls from all different locations of the Town, like Rt. 89, Garrett Road, and Dubois Road . Mr. Austic said the Town previously had tried to incorporate Dubois Road in Water District #3 but the residents were not all that much in favor of it so the Town did not include it at that time and also Wilkins Road, but now they are interested. It takes people to be interested and it takes enough people to make it worthwhile and it takes some real reasons . Ms . Tyler asked if it is based on sort of a history of discontent with water. Mr. Austic said he did not think it is discontent but it is people that are interested and make requests for water and looking into the situation . Ms . Tyler asked if Mr. Austic gave any thought to if this is where the Town should grow. Mr. Austic said yes, we did that in our zoning that is why probably most of the water district we create in the future is that side of Rt. 96 towards the lake where it is zoned Rl and R2 or around the Village . The intent was to try to simulate development in that area and not the prime farmland. Mr. Austic says although you can not guarantee it. Ms . Tyler thanked Mr. Austic for responding. Regular Town Board Meeting 12 08/08/2006 NEW BUSINESS Tompkins County Council of Governments Mr. Austic said the TCCG has had one meeting and the next meeting they are going to elect a chairman and officers of that committee . Mr. Austic will forward the minutes of that meeting when they are available. Mr. Austic said that the Board needs to elect someone to go regularly and also an alternate . Mr. Austic said generally speaking it is the Town Supervisors that attend or Deputy Supervisors and the alternates are either Board members or not. Mr. Austic said the function of the group is to try to get some kind of cooperation between municipalities or try to figure out solutions to problems that everyone could gain from by a larger action such as health insurance. Mr. Austic said at the last meeting some of the things brought up to discuss in the future was housing, transportation, public safety and other things such as road kill . Mr. Ellis expressed interest in attending meetings. Mr. Coogan did say the meetings are during the day. Other Village Sidewalk Committee Mr. Austic said that several years ago the Town had agreed to support the Village Sidewalk project by installing a sidewalk from the Village line to the entrance of the Trumansburg Fairgrounds . Mr. Austic has contacted Mr. Ward Hungerford and he has given the Town a price of $7892 to complete this portion of the sidewalk which is less then what the Town had agreed upon of up to $ 10,000 . The general consensus of the Board that it is a good idea and the money is in the B Reserve Fund. Ms . Tyler moved, seconded by Mr. Ellis the following : BE IT RESOLVED that the Town Board of the Town of Ulysses spend up to $ 10,000 to extend the sidewalk from the Village of Trumansburg line to the Trumansburg Fairgrounds ticket booth. Mr. Ellis asked if there was a plan and Mr. Austic said yes there was . Mr. Wilson, Attorney is looking into the maintenance of the sidewalk and if it can be called a seasonal sidewalk and he will get back to the Board. Mr. Ellis asked how far the Village was going to plow. No one knew at this time and it will be looked into . Hearing no other discussion the vote was called. Mr. Austic aye Mr. Ferrentino aye Ms. Tyler aye Mr. Ellis aye Adopted. Teleconference on Energy Savings Ms. Tyler asked when the teleconference was going to be on the "Twenty Ways to Keep Energy Costs Down". • Regular Town Board Meeting 13 08/08/2006 Mr. Coogan will check with Cooperative Extension on this because they are the ones that usually telecast the teleconferences and advise the Board. Mr. Coogan said that he would most likely be able to have them tape it for those that could not attend. Resignation of Mr. Wilson Mr. Wilson presented the following letter of resignation : Ulysses Town Board Ulysses Town Hall 10 Elm Street Trumansburg, NY 14886 Rep: Resignation of Ulysses Town Attorney Dear Doug, Lucia, Don, Rod, and Roxanne, I have decided to entirely retire from the Practice of Law and will therefore leave the Town Attorney position. My wife, Nancy and I own a home in Sarasota, F orida and will live there for a good part of the year thus making my continuation in the position impossible. It has been a privilege and a pleasure to serve the Town these 14 odd years and I hope I have served the various Boards well. I will attempt to close out all pending legal matters timely and will donate my Legal Books and office furniture to the Town " hopefully to help the next attorney. Our plans are to move down this fall but keep our lake home for summers. If agreeable to the Board, I will make this effective on November 30, 2006. This time should allow for a smooth transition for the Town. Mr. Wilson expressed his enjoyment of working with the Town for over fourteen years but he will be moving to Florida and he won ' t be here to serve as Town Attorney. Mr. Wilson said it has been a privilege and an honor and he thanked the Board for their confidence in him . Mr. Austic thanked Mr. Wilson for all he has done for the Town over the years . Mr. Austic did contact Ms . Mary Russell about talking to the Board about looking into Intermunicipal cooperation matters with the Village and also if she is interested in the Town Attorney position . Mr. Austic asked if the Board would like to have Ms . Russell come in to talk to them. Mr. Ellis said it would be a good idea to have her come in and talk to the Village and Town Committee of six . Mr. Austic asked who would be hiring her. Mr. Ellis said it would be nice if the Village and Town split the cost. Mr. Austic will contact her to come to the meeting scheduled for August 23rd, 2006 . Mr. Ellis said to Mr. Wilson that one of the last things the Board may want to ask of Mr. Wilson to provide some sort of guide in qualifying another attorney for the position. Mr. Wilson said that there are other attorneys that have experience in municipal work. He thinks that is what the Town should look to, not just the resumes, because it is an expertise in itself and there is a big learning curve you would not want to pay for someone ' s learning curve on an hourly basis . Mr. Wilson said he would be happy to give the Board some names and the Board could contact them . Mr. Wilson said that there are other attorneys in the County that do municipal work . Mr . Wilson said that he did look at Ms. Russell ' s resume and she looked like she had some good background. Mr. Wilson said what comes to mind are other municipal counselors in other areas or firms . It was asked if the attorney had to be a Ulysses resident . Regular Town Board Meeting 14 08/08/2006 Mr. Wilson said that he is "Attorney for the Town" and that one in that does not have to be a Ulysses resident. "Town Attorney" has to be a resident because a Town Attorney is a public officer that takes the oath of office and they are salaried people. Attorney for the Town is a private attorney on retainer. Adjournment Hearing no further business Mr. Ellis moved, seconded by Mr. Austic to adjourn the meeting. Unanimously approved and the meeting adjourned at 9 : 30 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk