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HomeMy WebLinkAbout2012-05-08-RTB DRAFT Town of Ulysses Regular Town Board Meeting May 8 , 2012 Present : Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler, David Kerness ; Deputy Supervisor Sue Poelvoorde ; Highway Superintendent James Meeker; Town Clerk Marsha L . Georgia. Absent: Councilman Kevin Romer and Attorney Mariette Geldenhuys Supervisor Marino called the meeting to order at 7 : 00 p .m. APPROVAL OF AGENDA Ms . Thomas moved, seconded by Mr. Kerness the following; BE IT RESOLVED that the Town Board of the Town of Ulysses approves the agenda presented tonight. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Adopted BUDGET MODIFICATIONS Ms . Marino moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the budget modifications presented by Supervisor Marino as follows : New Line B9089 . 8 Other Employee Benefits $500 . B9040. 8 Disability Insurance (increase) 160 . B 1990 .4 Contingency (decrease) 660. Ms . Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Kerness aye Adopted Assign Funds Ms . Marino moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses hereby directs that the funds received in 2012 as donations for legal expenses for appellate amicus briefs, in the amount of $ 14,686 . 00, be managed in the Assigned Fund for Legal in General (A) Fund. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Adopted Town of Ulysses 2 Regular Town Board Meeting Audit Mr. Kerness noted that the Board had not yet completed their yearly audit of departments because the Town Clerk and Court Clerk were absent due to health reasons. The Board discussed options and questioned whether 2012 may be the year that the formal audit is due. Ms . Marino said she would speak with Bookkeeper Mary Bouchard to determine if a formal audit is due . APPROVAL OF CLAIMS Ms . Marino moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previous examined vouchers # 160 through 198 in the amount of $23 , 526 . 83 . Ms . Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Kerness aye Adopted APPROVAL MINUTES Ms . Thomas moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the edited minutes for the Regular Town Board meeting of April 10, 2012, and the Special Town Board meeting of April 17, 2012 . Ms . Marino aye Ms . Thomas aye Ms. Tyler aye Mr . Kerness abstained Adopted REPORTS OF REPRESENTATIVES Tompkins County Representative Jim Dennis reported : • Jeff Smith appointed as Tompkins County Highway Director • Hiring a new Mental Health Director • County set the 2013 County levy at 2 . 2%, but may rise to 3 . 5 % when more accurate information on total tax assessment is available • No new staff appointments or new programs for 2013 The Board asked Mr. Dennis how he felt about the Recreation Partnership and if the County planned to fund it next year. Mr. Dennis said he is in favor of the Town signing the Recreation Partnership contract and the County does have funding in their budget for 2013 . Trumansburg Fire Department & EMS — No one in attendance from the Fire Department or EMS . No report provided. n j Trumansburg Village — No one in attendance from the Village of Trumansburg . Ms. Marino said that the meeting with the Village has been set for May 15 , 2012 , to discuss the EMS options. This will be advertised and Ms . Marino will arrange for a facilitator and provide the Village with additional information prior to the meeting. PRIVILEGE OF THE FLOOR — No one wished to speak. TOWN REPORTS Town of Ulysses . 3 Regular Town Board Meeting Town Bookkeeper Mary Bouchard reported that she attended the New York State Office of the State Comptroller Finance Training in Syracuse and reviewed the following with the Board : • Capital Asset Inventories — Setting Value Thresholds for the inventory • Cash management — Investment options • Capital Purchases — Accepted process • Travel reimbursement — Policy and Voucher • Reserve funds — Use according to a written plan for expending • Defining fund balance policies Planning Board/Zoning Darby Kiley prepared a written report for the Board as she was not able to attend the meeting . Planning Board - Report from April 17 and May 1 , 2012 • Draft Conservation and Lakeshore Zoning language finalized, resolution passed to forward to Town Board. • Public Hearings set for May 15 , 2012 , for Minor Subdivision on Pennsylvania Ave . and Produce Market on Trumansburg Rd (north of Ulysses Square) . • Several board members drafting comments on the County' s Development Focus Areas draft. Comments to be reviewed on May 15th. • Planning Board requests the Town Board liaison attendance at the meetings to improve communications between the two boards . BZA - Report from April 18 , 2012 • Reversed the Zoning Officer' s determination of a flag lot definition for a subdivision on Pennsylvania Ave . Granted area variances for the lot. Stormwater • Angel Dybas from Tompkins County Soil and Water Conservation District compiling information from all of the municipalities for the Stormwater Annual Report. Tompkins County Hazard Mitigation Plan • The Project Team met on April 19 at which time the Plan process was described. • The municipalities have some homework that includes a local hazard history and critical facility and community asset mapping. • The next meeting is May 24, 2012 . The Town Board noted that they should review the document before they discuss and set a date for a public meeting . Highway Superintendent James Meeker reported on the activities of the highway department for the month. Mr. Meeker said that the money for the bridge project on Seneca Rd . still has not been approved by the State and is holding up the bidding process. Town Clerk Marsha Georgia reported the total fees collected for the month of April . Ms . Georgia also reported on attending the Tompkins County Municipal Joint Committee on Plan Structure and Design. Code Enforcement Officer Alex Rachun provided a report to the Town Board prior to the meeting as he was not able to attend. Supervisor Marino previously distributed copies of the April Financial Report and reviewed the status of the sales tax and mortgage monies received. Ms. Marino also reported that the process to establish the position of Water Distribution and Maintenance Operator is complete through Tompkins County Personnel and Doug Austic has the permanent appointment. Deputy Supervisor Sue Poelvoorde updated the Town Board on the Hydrilla situation in the Cayuga Inlet. Town Board Members/Committees Town of Ulysses 4 Regular Town Board Meeting Town Board Member/Deputy Supervisor Thomas gave the following report. • TCCOG (4/26 meeting) • TCAD - TCAD surveyed local developers to determine the issues they have had within TC . Now are asking for input from planners (chairs of planning boards) . o They want to see what laws are impediments . o A survey will be coming out soon. • Regional Economic Development Councils o Applications will be out soon for next round of funding . o Focus areas are : community revitalization, rural venture (value-added farming), and infrastructure for shovel-ready projects. • Tier 6 Retirement - County Personnel staff gave TCCOG an overview of the new tier. Handout available • Taxation of Natural Gas - TCCOG passed the same resolution passed by the Town of Ulysses . • Emergency Response Training (meeting 4/21 ) o Intro to National Incident Management System o Why attend? For FEMA aide — if an emergency within the Town, we are responsible in part for communications, damage assessment, shelter (if longer than 72 hours) . o Must protect critical infrastructure such as : power, water, roads o On-line training takes six hours . o Objective — collaboration across county Ms . Thomas reported that Martin Kelly had said he would be glad to work on the Emergency Plan and Response by reviewing the Town ' s previous plan. He will work with Mr. Romer. • Cornell University — Local Government Resource Fair (held 4/20) o Local demographics, Design Connect, CaRDI, Green energy, climate change, energy efficiency, and a roundtable on shared services. o Design Connect o Municipal Clerk' s Institute — training on 7/ 11 (or 7/8 - 12) • TANG (met 4/ 19) o Pipelines forum (May 17 , 2012 at 5 : 00 p .m. , Tompkins County Public Library Borg Warner Room) • Youth Commission (5/2) o Summer camp signup o Recreation partnership — Youth Commission discussing — need to have resolution by July 2 o No parking during Grassroots at Trumansburg School District property • Broadband (met 4/ 19) o 4700 houses without reliable broadband in Tompkins County o Recommending a fixed wireless system . o Ulysses also has blank spots • Trails Park Pavilion — Taughannock Falls State Park Overlook o a community build (like the farmer' s market) o Need funding. o Group of architects and builders meeting soon. • Cable Franchise (met 5/7) o Drafting model agreement o Will bring resolution to May 22nd Special Town Board Meeting , Ms . Thomas discussed the interest in doing a Town Newsletter with the Board and introduced the following resolution; moved by Ms . Thomas, seconded by Ms . Marino : WHEREAS a newsletter would serve the function of an open government to keep its Town residents aware of Town actions and activities, and WHEREAS articles would include items of interest from all departments and items of community interest, and S Town of Ulysses 5 Regular Town Board Meeting WHEREAS the Town will request email addresses in order to disseminate the newsletter more cost effectively in the future but until then, funds for mailing will be required, and THEREFORE, BE IT RESOLVED that the Town Board approves spending of no more than $ 1 , 500/mailing of one or two town-wide newsletters in 2012 , also RESOLVED the newsletter will be prepared from the Supervisor' s office with input from the Town Board, other Town officials and committees and with the assistance of the Clerk ' s office for mailing . Mr. Kerness offered a friendly amendment "Resolved that the newsletter be approved by the Board before distribution". Ms . Tyler felt that the resolution should be tabled because Mr. Romer was absent and had not seen the resolution. Resolution tabled . Town Board Member Tyler reported she attended the Greater Tompkins County Municipal Health Insurance Consortium meeting and reviewed a 2011 /2012 monthly paid claims vs . budgeted claims flow chart with the Board. (Copy given to Ms . Georgia to be scanned and put in the All-share folder) . The projections were very close to the claims paid. OLD BUSINESS Rules and Procedures The Board reviewed the most recent edits made by Ms . Marino and Ms . Thomas and made a couple of additional changes . Ms . Thomas moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses amend the Rules and Procedures for Town Board meetings of the Town of Ulysses per the changes provided by Supervisor Marino at the April 17, 2012, Regular Board meeting and in final form by email on May 1 , 2012 , and as discussed at this meeting. 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 Ulysses Town Board. Questions of Order beyond these Rules are to be resolved by reference to Robert' s Rules of Order. These Rules of Order do not and cannot supersede applicable New York State law. 1 . MEETINGS - DEFINED AND CALLED 1 . 1 Regularly Scheduled Meetings of the Board The Board will meet for the monthly Business Meeting at 7 : 00 PM on the second Tuesday of each month or as otherwise designated at the organizational meeting in January of each year, unless otherwise decided by the Board at a preceding meeting. Additionally, a Working Session of the Board will convene each month as indicated by the Organizational Meeting or as otherwise designated by the Board at a. preceding meeting. This is a venue for introducing new themes but other prior business before the Board may also be considered. An informal Agenda is required stating topics to be discussed. The Board may table business at the Regular Board Meeting and elect to resolve it at a Working Meeting. Meetings will be conducted in the Town Hall whenever possible . The location of any Town of Ulysses 6 Regular Town Board Meeting meetings that will not held at the Town Hall will be included in the public notice for such meeting, or clearly posted at Town Hall as far in advance as possible. The Supervisor shall preside as Chair if present, as per New York State Town Law. In the absence of the Supervisor, a Deputy Supervisor shall preside . In the absence of both the Supervisor and Deputy Supervisor, the Town Board members present, assuming a quorum, shall elect a Chair for the meeting from the Board members present. 1 .2 Specially Scheduled Meetings I Special Meetings of the Town Board are all Town Board meetings other than the regular Business Meetings and Working Sessions . A Special Meeting may be called by the Supervisor at any time by giving at least two (2) calendar day written notice to the other members of the Board as to the time and place of the meeting, and shall be called by the Supervisor within 10 days if requested in writing by two members of the Board. Written notice may be by email, text or with written paper notice through the mail or other means . Additionally, the Supervisor shall call an Emergency Special Meeting within five (5) calendar clays if requested in writing by two Town Board members, and with the nature of the emergency described in such request. The Supervisor may call an Emergency Special Meeting on less than 2 day notice and business conducted will be valid as long as all Board members received notice of the meeting and attended the meeting, as per NYS Attorney General and Comptroller opinions . Public Hearings may be called according to the State or Local Law or Ordinance that applies . Notice shall be published in both the Ithaca Journal and the Trumansburg Free Press whenever possible or as otherwise directed by the Board. 2. MEETINGS — CONDUCTING 2. 1 . Quorum, Majority, and Super Majority A majority of the Board shall constitute a quorum for the transaction of business and to adopt any resolution. Majority of the five-member Town Board is three members. There 1 is no proxy voting. A Supermajority shall be four in all cases . The use of 2-way videoconferencing technology as specified by the NYS Open Meetings Law for remote participation by Board members, including voting on public business is allowed. 2.2. Executive Sessions Executive Sessions shall be held in accordance with the N. Y. Public Officers Law Section 105 . 11 . Executive Sessions may be convened in a Regular or Special Meeting by a majority vote of the Board . The member making a motion shall state the basis for going to Executive Session under the law for Executive Session. Only Board Members and individuals explicitly invited by the Supervisor or a majority of the Board may attend an Executive Session. The motion may also specify what information, if any, will be returned to the regular session. Minutes and records from an Executive Session, if any, will follow applicable law. 2 .3 . Agendas An agenda for all meetings shall be adopted by majority vote of the Board at each meeting. For Regular Meetings of the Board, a draft agenda shall be prepared by the Supervisor or her/his designee and distributed to the Board by email or other suitable means by the end of the day on the Friday preceding the meeting . Any Board member or any other elected Town Official may place an item on the draft Agenda by providing a request in writing to the Supervisor at least 6 days before the Regular Meeting. f F 2 .4. Adjournment A motion to adjourn is not debatable, but the Supervisor may, after such a motion is seconded, describe the nature and consequence of adjourning with any scheduled business left unfinished. 2.5. Questions of Order The Supervisor may appoint a Parliamentarian to provide advice and guidance to the Supervisor and the Board on matters of procedure . When a Point of Order is raised, the Y. Town of Ulysses 7 Regular Town Board Meeting Supervisor may request advice from the Parliamentarian before ruling. 2.6. Seating Seating at all Board meetings will be as determined by the Chair. In general, it is desirable for Board members to be seated so as to be clearly visible to each other and distinguishable from the public, from other elected and appointed Town officials, and from privileged speakers recognized by the Supervisor. The Board may override the Chair' s designated seating by motion, second, and majority vote . 2.7. Public Participation The back of the agenda shall clearly state an abbreviated version of the meeting guidelines for public participation. An opening statement shall be made in every meeting directing those who are present as to when and how they may participate. All speakers must first be recognized by the Chair. When invited to speak, a member of the public is requested to give their full name and address . In speaking, the public should address the whole Board and not individual public officials or members of the public . Disruptive behavior by anyone in attendance will not be allowed during Board meetings. Such behavior shall include name-calling, swearing, defaming, shouting, or other behaviors found offensive by the Chair, or, by a majority of the Board. Any member of the Board may call the attention of the Chair to a violation of these rules, by calling out "point of order". In the event of disruptive behavior, a warning shall be given by the Chair. After 2 warnings, the person being disruptive shall be asked to leave . At any time the Chair may address the public on matters having to do with process and decorum . A statement on appropriate decorum for Town Board meetings shall be posted to the Town ' s web site. 2.8. Board Process and Decorum A Board Member wishing to speak shall raise a hand for privilege and shall be recognized by the Chair. Generally a member who has not yet addressed the question shall be given privilege over those who have. Otherwise the Chair shall in general assign order of speaking based on the order in which hands are raised. Members may not speak simultaneously and may not interrupt each other. Unless recognized by the Chair, a Board Member shall not speak, except to raise a point of order, in which case she/he may state "point of order" . The Chair may interrupt and stop any member who speaks continuously for more than five (5) minutes . During the discussion of a motion all members of the Board will be allowed up to five (5) minutes per each turn. Board members shall address only the Chair, other Board members, and the privileged speakers without specific authorization from the Chair to address others who are present. 2.9. Participation by other Town Officials and Privileged Speakers Other elected and appointed Town Officials and Privileged Speakers shall speak only when recognized by the Chair, and only for the period of time set by the Chair. They may raise their hands to indicate a wish to be recognized, but the Chair is under no obligation to recognize them. 3. MOTIONS 3. 1 . Motions Defined The business of the board shall be conducted as a series of motions and resolutions. A motion is a formal proposal that the Board take certain action. Since the Ulysses Town Board is a small Board that does not have a committee structure to work through motions before they are brought to the full Board, the motion to discuss is included here to allow for informal discussion of a proposed action or other topic before it is brought to the floor for formal debate and action. A motion to discuss requires a second, but is not debatable and does not require a vote in order to commence discussion. The Chair can call a vote to end discussion of a motion to discuss at any time . The discussion that occurs during a motion to discuss may result later in a main motion . A main motion brings business before the Board that requires a formal action. For example a main motion is used to introduce a new law for adoption by the board, to formally make a statement from the board about a particular subject, or to appropriate a . ; Town of Ulysses 8 Regular Town Board Meeting sum of money for a specific, non-routine expenditure . A main motion can also be referred to as a resolution. A main motion requires a second in order to be considered by the Board. A Board member may speak any number of times in debate of a main motion within the time allotted for the discussion of the question. The Board may extend debate on a main motion by motion, second, and majority vote on the question of extending debate . Robert' s Rules describes other motions that can be used and groups them broadly into subsidiary motions, privileged motions, and incidental motions. Motions associated , with the routine conduct of monthly business, such as approval of claims or minutes, or to refer business to a committee or advisory board are not considered main motions . r Board members are expected to be familiar with the types of motions as described in Robert' s Rules of Order. All motions other than a motion to discuss shall be handled in all aspects according to the procedures in Robert' s Rules of Order newly revised ( 10th ed) . 3.2 . 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. 3 .3. Voting on Motions At the discretion of the Chair, voting upon every question shall be by stating "Aye" or "Nay", by show of hands, or by roll-call vote . The Chair shall immediately state the outcome, which shall be promptly entered into the minutes by the Clerk. Every act, motion, or resolution shall require for its adoption the affirmative vote of a majority of all the members of the Town Board. 3 .4. Presentation of Motions Any Board Member, upon recognition by the Chair, may make a 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 Chair may rule it out of order with the suggestion that the motion l be made again at the more appropriate time. Ideally, new main motions are presented and discussed first at a Working Session. New main motions may be adopted at Working Sessions, if provided to all Board Members with the same notice as for a Regular Meeting. A new main motion also may be presented at a Regular Meeting but such main motion shall not be voted on at that Regular Meeting unless a written copy of the proposed main motion was provided to all Board Members by 5 PM on the Friday preceding the meeting. An exception to this rule is that the Supervisor may present an emergency motion to the Board at any Board meeting, provided she or he explains in writing why emergency action is desirable . The Board may adopt such emergency motion by majority vote . In all cases, it is preferred that main motions are submitted in writing prior to the meeting. 4. STANDING OF THESE RULES 4. 1 . Amending Rules of Order Amendment of these Rules of Order requires a supermajority vote at one meeting . Permanent removal of these Rules requires a Supermajority voting at two Regular Meetings . 4.2 Waiving Rules of Order These Rules of Order may be temporarily waived in part or in their entirety during any session by a Supermajority. Such waivers stand for only the session when voted. Waivers of these Rules of Order notwithstanding, Roberts Rules of Order remain governing . A Motion to waive these Rules of Order is not debatable . I Town of Ulysses 9 Regular Town Board Meeting Ms . Marino aye Ms. Thomas aye Ms . Tyler aye Mr. Kerness aye Adopted TOWN HALL ROOF Three (3 ) quotes were received for the work to reroof the Town Hall . The Board discussed the quotes and came to the decision that they needed additional information from the contractors before they can award the project. Mr. Kerness said that he would get the information and the Board could discuss it at their next scheduled meeting of May 15 , 2012 . The meeting will begin at 6 : 30 pm to discuss the roof bids . NEW BUSINESS Recreation Partnership Agreement Renewal The Recreation Partnership Agreement is due for renewal for another five years . The Board was provided a copy of the draft agreement for their review and Ms. Marino gave a presentation. At this time the Recreation Partnership is looking for a letter of support before municipalities sign the agreement. The Town Board authorized Supervisor Marino to advise Janice Johnson, Coordinator of Youth Services that the Town intends to sign the agreement for another five years as long as no significant changes are made to the final agreement. The Board will adopt a resolution once the Recreation Partnership sends an updated agreement. Hazardous Waste Resolution Ms . Thomas moved, seconded by Ms . Marino the following resolution: RESOLUTION SUPPORTING STATE SENATE BILL S4616 (AVELLA)/ASSEMBLY BILL A7013 (SWEENEY) TO AMEND THE ENVIRONMENTAL CONSERVATION LAW IN RELATION TO THE UNIFORM TREATMENT OF WASTE. WHEREAS , this bill S 4616 (Avella)/A7013 (Sweeney) would require hazardous wastes produced from oil and natural gas activities to be subject to the requirements for treatment of hazardous wastes ; and WHEREAS , currently the oil and gas industry enjoys exemptions from New York State laws governing hazardous waste transport and disposal . Though a great deal of the wastewater generated by hydraulic fracturing meets the state definition of hazardous, it is not required to be treated as such; and WHEREAS , the oil and gas industry is not required to disclose the chemicals used in the hydraulic fracturing process but the following chemicals are often found in waste water resulting from the hydraulic fracturing process : benzene, toluene, formaldehyde, salts, heavy metals, and radioactive particles ; and WHEREAS , closing this exemption loophole will require hydraulic fracturing flow back and produced water to be monitored through a manifest system and that extra safeguards will be in place to avoid accidents and ensure proper waste treatment; arid WHEREAS , such a designation will keep fracking wastes out of municipal treatment plants and the waterways leading to sources of drinking water. THEREFORE, BE IT RESOLVED that the Town of Ulysses supports the immediate passage of the New York State Senate bill 54616 introduced by Senator Avella which is the same bill as Assembly bill A7013 introduced by Assemblyman Sweeney that would amend Section 27-0903 of the New York State Environmental Conservation Law. FURTHER RESOLVED this resolution be sent by the Town Clerk to Governor Andrew Cuomo, N . Y. Senate Majority Leader, Dean Skelos; Senate Minority Leader Sampson, N. Y. Assembly Speaker, Sheldon Silver; N . Y. Senators O ' Mara, Seward, Nozzolio, Town of Ulysses 10 Regular Town Board Meeting Avella, Squadron, Kreuger, Perkins, Serrano , and Perrault; U . S . House Representatives Maurice Hinchey and Richard Hanna, N .Y . Assemblywoman, Barbara Lifton; U . S . Senators Kirsten Gillibrand and Charles Schumer; DEC Commissioner Joseph Martens ; EPA Region 2 Director, Judith Enck. Ms . Marino aye Ms . Thomas aye Ms. Tyler aye Mr. Kerness aye Adopted Emergency Plannin Item discussed under Ms . Thomas ' s report. Mr. Kelly, Fire Inspector will work with Mr. Romer on this project. Adjournment Hearing no further business Ms . Marino moved, seconded by Ms . Tyler, to adjourn the meeting. Unanimously approved and meeting adjourned at 10 : 05 p.m. Respectfully submitted, Marsha L . Georgia Ulysses Town Clerk t i is j ;