HomeMy WebLinkAbout2023-04-25-TB-FINAL-minutesTOWN BOARD MEETING
Town of Ulysses
April 25, 2023
The meeting was held in person at the Town Hall at 10 Elm St., Trumonsburg NY as well as via Zoom
videoconference. Notice of Town Board meetings are posted on the Town's website and Clerk's board.
Video recordings of meetings are available on Youtube at
httl)s://www.voutube.com/Channe//UCWV/s--qgCIDH/xdk9YxZvPw.
CALL TO ORDER:
Ms. Olson called the meeting to order at 7:01pm
ATTENDANCE:
TOWN OFFICIALS
Supervisor- Katelin Olson
Board members- Michael Boggs, Mary Bouchard, Rich Goldman, Liz Weatherby
Meeting Clerk- Town of Ulysses Project Asst. Rachel Kennedy
Second Deputy Supervisor/Budget Officer- Michelle E. Wright
Town Clerk- Carissa Parlato (7-7:20pm)
OTHERS:
In -person: Linda Liddle, Laura Mielenhausen, Cynthia Mannino, Roxanne Marino, Rob Montana,
Michael Defone, David Burns
Via Zoom: Andrew Hillman, Nathan VanWhy, Bob Howarth, Shauna, Ted Murray, Karen Murray
APPROVAL OF AGENDA:
Ms. Olson proposed pulling 6a and 7b add an item in old business.
Motion: Boggs moved to approve the amended agenda at 7:03pm. Seconded by Bouchard.
Passed unanimously.
PRIVILEGE OF THE FLOOR: (3 minute limit)
Mr. Howarth commented on the Public Hearing on a Local Law Amending Chapter 36 of the Town
Code to Add a New Article III Entitled 'Training Requirements. (See Appendix).
Ms. Mannino thanked the board for inviting the library and Ms. Mielenhausen to present.
PUBLIC HEARING: LOCAL LAW AMENDING CHAPTER 36 OF THE TOWN CODE TO ADD A NEW
ARTICLE III ENTITLED 'TRAINING REQUIREMENTS'
Mr. Boggs moved to open public hearing at 7:05pm. This was seconded by Ms. Weatherby and
passed unanimously.
PUBLIC COMMENT:
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Linda Liddle requested a clearer explanation of the impact on committees. Ms. Olson responded that
this law would apply to elected and appointed officials, but that definition needs further clarification.
This law is meant to codify a policy for adopting new trainings.
Ms. Marino and Mr. Hillmann commented (see Appendix).
Town Clerk Carissa Parlato read comments received in advance from Cait Darfler, Rebecca Schnieder,
and Steve Morreale. (See Appendix).
Ms. Olson asserted that the trainings are only for boards and elected and appointed officials. Part of
the reason action will not be taken this evening is that the definition of appointed officials needs to
be clarified. Having the requirements be within a local law mean that they will not be easily
forgotten. The required trainings referred to in the law are sexual harassment, civil rights and ethics
training.
Mr. Boggs moved to close the hearing at 7:26pm. This was seconded by Ms. Bouchard and passed
unanimously.
PRESENTATION: Laura Mielenhausen, Director, Ulysses Philomathic Library (UPL)
Ms. Mielenhausen shared a presentation that included an overview of library organizational
structure, mission, services (in general and by the numbers), partnerships and finances.
She noted the revenue streams i(ncluding tax levies, endowments, fundraising), including Town and
Village tax levies which generate on average $5/household and $6/household.
UPL was among the first in the push toward fine -free libraries. First in Finger Lakes Library System.
She discussed the library's endowment and shared that if UPL lost public funding the endowment
would be spent in 3-5 years.
Upcoming capital projects include a parking lot resurface, fixing the crumbling sidewalk/entrance
area, accessibility to South Street from the parking lot, and replacing the roof.
Projected expenses for 2023 include personnel costs for 5.43 full-time staff at living wage or above,
and associated benefit costs.
Mr. Goldman asked about health insurance for staff. Ms. Mielenhausen responded that it is
prohibitively expensive but will continue to be reviewed.
OLD BUSINESS
COMP PLAN STEERING COMMITTEE UPDATE
Ms. Olson noted that the committee had its first meeting last Monday and Ms. Weatherby was
selected as vice chair. The committee sets its meeting schedule for the second Wednesday of each
month at 6pm in town hall.
Ms. Olson noted that public engagement is encouraged. The town is working on getting a signed
contract with NYS for grant funding and then will move forward with an RFP to find a consultant.
COVID RELIEF FUND UPDATE
Ms. Olson shared that Legislator Koreman notified her that the Town application for Community
COVID Relief Fund has been allocated $15,000. This will be formally voted on 5/2/23.
This would allow the town to offer auxiliary support and substantially subsidize summer camp. And
will benefit families who struggle with childcare in the summer.
NEW BUSINESS:
WATER SOURCE PROTECTION PLAN COMMITTEE REPORT
Ms. Marino reminded the board that the committee is working with NY Rural Water (NYRWA) in
creation of this plan. The committee has drafted a goal/vision statement to follow the established
NYS program framework so that it will be eligible for other state funding opportunities. The
statement needs to be approved by the Town Board.
Ms. Olson said that she would prefer more time to review before approving.
MOTION:
Ms. Bouchard moved to approve the WSPPC goals/vision. This was seconded by Mr. Goldman.
Discussion:
Ms. Olson clarified that she values the work of the committee, but would prefer not to take action
until the action item goes on a public meeting agenda and has been shared in advance.
The group discussed further and agreed to hold off on approval.
SECOND WITHDRAWN by Mr. Goldman.
Ms. Marino requested that the committee present its work at the May 9 town board meeting.
FACILITIES MANAGER PROCUREMENT/AUTHORIZATION TO SIGN CONTRACT
RESOLUTION #94 OF 2023: FACILITIES MANAGER PROCUREMENT/AUTHORIZATION TO SIGN
CONTRACT
WHEREAS, the Town of Ulysses issued a Request for Proposals for Facilities Managements
services; and
RESOLVED that the Ulysses Town Board approves the Town Supervisor to sign a contract,
pending attorney approval, with Michael Defone to provide facilities consulting services to the
Town of Ulysses.
Moved: Olson Second: Weatherby
Discussion:
Mr. Boggs asked for clarification the contractor's role. Ms. Olson said that he would effectively
serve as Town general contractor. Ms. Wright noted that he can serve as an advocate for the
town to ensure expertise and quality control and the position is within the current year's
budget.
Olson aye
Boggs aye
Bouchard
aye
Goldman
aye
Weatherby
aye
Vote: 5-0
Date Adopted: 4/25/23
INFRASTRUCTURE AGREEMENT FOR 1009 HONEY BEE LANE
Ms. Olson remarked that this resolution simply finalizes the Highway/Water Supervisor's approval of
this step. The next step is an easement with NYSEG.
RESOLUTION #95 OF 2023: INFRASTRUCTURE AGREEMENT FOR 1009 HONEY BEE LANE
RESOLVED that the Ulysses Town Board approves the Town Supervisor to sign the
Infrastructure Agreement for 1009 Honey Bee Lane, pending approval by Water Supervisor for
water infrastructure plans in Exhibit A.
Moved: Ms. Olson
Olson
aye
Boggs
aye
Bouchard
aye
Goldman
aye
Weatherby
aye
Vote: 5-0
Date Adopted: 4/25/23
EMAIL ADDRESS POLICY
Seconded: Ms. Bouchard
RESOLUTION #96 OF 2023: EMAIL ADDRESS POLICY:
WHEREAS, having standardized town email addresses for staff, Town Board members, and
committee chairs will improve records management and support ongoing IT/Cyber security
improvements;
RESOLVED that the Ulysses Town Board approves the following Email Address Policy:
Email addresses will be provided by the Town for all staff, Town Board members, and
board/committee chairs to improve the Town's ability to manage records retention.
Town Board members will be provided an email address by name; staff will be provided an
email address by either position or name; and committee chairs will be provided an email
address by committee name.
Moved: Olson Seconded: Goldman
Olson aye
Boggs aye
Bouchard aye
4
Goldman aye
Weatherby aye
Vote: 5-0
Date Adopted: 4/25/23
UPCOMING EVENTS:
May 9 — Regular Town Board meeting
May 23 —Regular Town Board meeting
May 29 — Memorial Day, Town Buildings Closed
APPROVAL OF MINUTES:
RESOLUTION # 97 OF 2023: APPROVAL OF MINUTES
RESOLVED, that the Ulysses Town Board approve the meeting minutes from April 11, 2023
(regular meeting) as presented or amended.
Moved: Goldman Seconded: Bouchard
Olson
aye
Boggs
aye
Bouchard
aye
Goldman
aye
Weatherby
aye
Vote: 5-0
Date Adopted: 4/25/23
PRIVILEGE OF THE FLOOR (3 min limit per person)
Mr. Burns inquired about the process to finalize the Honeybee Lane water project. Ms. Olson
responded that she will connect the Water Supervisor, Mr. Stewart, with Mr. Burns and pending Mr.
Stewart's sign off, the process can move forward.
Ms. Marino questioned how the board will define who constitutes a public official and why the public
can't witness this discussion with the Town attorney. Ms. Olson said that the confidentiality is related
to personnel.
Ms. Marino clarified that the training isn't an issue but rather the process and language used. She
would like to include those who will be affected into the process.
Ms. Olson noted that it is important legally for the town to have this training policy.
The group discussed further.
ADJOURN
Mr. Goldman made a motion to adjourn at 8:55pm. This was seconded by Olson and passed
unanimously.
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Respectfully submitted by Carissa Parlato, Town Clerk.
Original minutes draft by Rachel Kennedy, Project Assistant
515123
APPENDIX:
COMMENTS FROM PUBLIC HEARING ON LOCAL LAW
From Robert Howarth:
My name is Bob Howarth. I have been a resident of the Town of Ulysses for the past 37 years.
I have served on three different committees and boards of the Town for a total of 15 years of
service: The Ag & Farmland Protection Committee (2009 — 2012), the Board of Zoning Appeals
(2014 to the present), and the Zoning Update Steering Committee (2017 — 2018). 1 served as
chair of the BZA for a little under 3 years and have been the vice chair for the past 3 plus
years. I have a several comments and a few requests regarding the proposed new Town Law
on training requirements. First, I was quite surprised to have first learned of the proposed
new training law and tonight's hearing only last Friday, and only because I saw it posted on
the Town web site. In the interest of inclusion and transparency, I feel it would have been far
better for the Town Board to have reached out to those of us who serve on boards and
committees to discuss this — or at least let us know it was under consideration — before
scheduling the hearing. We had a meeting of the BZA less than a week ago, and this new law
was not mentioned to us by the Town Board liaison to the BZA.
Second, from information posted on State web sites, it is clear that there is no State
requirement for harassment training for unpaid, volunteer appointees on committees and
boards of a town. The Town Board of course can go beyond what the State requires, but I
question whether imposing more training requirements on BZA members is a good idea. We
are already required to have at least 4 hours of training on issues related to the BZA each
year.
Third, should you decide to proceed with requiring all members of boards and committees in
Ulysses to take training in sexual harassment, I request that you honor the training that some
of us are required to take for our paid jobs, and not ask us to take redundant training from the
Town. In my case, I take a required training course every year from Cornell.
Fourth, it is not clear whether the proposed new law would pertain to the State- and Town -
mandated training specific for the BZA, or if your new law is intended just for the training on
sexual harassment. I suggest this be clarified, and if the BZA-specific training is meant to be
included, that the new law specify that the time reporting for this is 30 days after the end of
the calendar year for that training, ie, January 30 of the following year.
Fifth, I suggest you add a possible appeal for cases where an extension on the time of taking
reporting the training for extenuating situations. In my case, I am scheduled for surgery on
May 18, the day of this proposed new training. I will then be on medical leave for some
indeterminate time, followed by professional travel to Europe (as my health allows), and then
the thesis defense for my daughter as she completes her graduate studies at Penn State. This
period of time was already overly full for me, and I am simply not sure I can take on any
further obligation, even if for a relatively short training exercise.
This is particularly true, since the Town Board made no effort to provide better advance
notice. And sixth, no matter what you do with my other suggestions, I very strongly urge you
to delete the word "misconduct" from your draft law. That is tough language. In my opinion,
to forget to file paperwork on time is not misconduct. Nor is it misconduct to be unable to
comply with short time deadlines imposed by the Town. Personally, I find that language too
aggressive to apply to those of us who are volunteers. It is offensive.
Thank you for your consideration.
April 25, 2023
FROM ROXANNE MARINO:
Hello, my name is Roxanne Marino, and I am a long-time resident of the Town of Ulysses. I
have been involved in Town government at some level as either a volunteer or elected official
since moving here in the mid 1980's. I am currently the chair of a standing advisory committee
to the Board (Conservation and Sustainability), and a member of two other special topic
committees (Comprehensive Plan Update, and Water Source Protection Plan).
I appreciate and support in principle the intention of the Board to encourage and in some
cases require training for volunteers serving on Town boards and committees, so that there is
a shared understanding of the sexual harassment, civil rights, and ethics expectations within
the Town government.
However, I want to share the following concerns with the proposed local law, and the
accompanying Resolution specifying Training Requirements for Boards and Committees; I will
speak to the latter under the regular meeting Privilege of the Floor. Comments on the Local
Law Amending Chapter 36 of the Town Code to Add a New Article III Entitled "Training
Requirements" The law should be more specific on which appointed officials of the Town it
pertains to. Please include clarification on what boards and committees the law applies to.
In addition to the two volunteer Boards governed by statutes (Planning Board and BZA), the
Town has several advisory committees, including the CSAC, Water Source Protection Plan
committee, Bee committee, Tree Advisory committee, Salo Drive Habitat committee and the
Comprehensive Plan Update Committee. Since the Town Board appoints members to all of
their advisory committees by resolution, does the law pertain to everyone serving on each of
them?
The accompanying Resolution with specifics on the required training and timeline is worded
such that ALL appointed Town committee members are included. The timeline for completion
in the local law, 30 days from the applicable deadline with no provision for an extension, is
stringent and inflexible. Please consider adding a clause allowing an extension for extenuating
circumstances, and perhaps a commitment on the part of the Town to send a reminder to a
committee or Board member that they have not yet completed their required training as the
deadline approaches. People are busy, they forget, and well-meaning, hard-working
volunteers should not be removed from service because of missing such type of deadline.
That brings me to the most concerning aspect of the local law as currently written, the use of
the term "misconduct" as a finding, and reason for dismissal for failure to complete a training
within the 30 days of deadline.
Misconduct is a very harsh and strong word. Definitions of misconduct include: wrongful or
unlawful behavior; malfeasance; a deliberate violation of a law or standard; intentional
wrongdoing. I feel this term is totally out of line with respecting our town volunteers and
showing value for their service. I strongly urge that this term be changed. Many committee
members sharing their time and expertise for the good of the town are also professionals in
fields related to their committee work, and branding someone as having committed
misconduct (which connotes an intentional wrongdoing) is potentially damaging to their
reputation both professionally and in the community, and is wholly inappropriate in this
context.
Wording such as that in the Town law 271 (9), pertaining to Planning Boards, could be more
appropriate, for example "failure to comply with the training requirements by the deadline set
may be cause for removal from a board or committee for non-compliance with minimum
training requirements" Overall I am disappointed with this heavy-handed and unilateral
approach to this topic, for a small town with a big heart, full of already very busy volunteers.
Please withdraw this law as drafted, and consider a more engaging approach that is respectful
to the many volunteers giving their time and energy to benefit our community and assist the
Town Board and staff with project initiatives and research.
As one idea, Town Board liaisons to committees could connect with the chairpersons and
share a draft in advance of the Board moving a local law to public hearing, to get feedback
from individual committees, towards crafting a most amenable and fair set of standards.To
my knowledge (as chair of one Town committee and member of 2 others) no committee or
Board chairs or members were asked for input on this proposed local law (or the policy
resolution that relates to it) as it was drafted, which I find unfortunate.
I am not personally opposed to the sorts of training being proposed, I get it regularly at my job
(meeting NYS requirements). Going forward, I would like to see a "kinder, gentler" and more
respectful approach taken toward establishing appropriate training requirements with easily
accessible and clear guidance provided for board and committee appointees, one that is less
likely to discourage or turn away volunteers.
FROM CAIT DARFLER:
I was only informed today that you are looking at adding some "Training Requirements" to the
appointed officers - Which I learned means volunteer committee members too.
I wanted to suggest that you add the approved trainings that are required by Cornell and
Tompkins County, as many of your volunteer committee members are already taking these
trainings through other organizations, and it is an extra time commitment to attend the few
that are Town approved.
The County uses:
The free two-part NYSDOL sexual harassment prevention training videos and attestation form
can be found at this URL: htti3s://Ifweb.tomr)kins-co.orR/Forms/TCSHPT.
Please consider adding these other well -approved training as sufficient for your volunteer
committee members.
Thank you.
FROM ANDY HILLMANN:
I have always been pretty good at getting any required training done on time but not always
as great at documentation. The language in the proposed law with which I have the biggest
issue is the non-compliance paragraph and specifically the term "misconduct".
If this law passes as presented, I would not feel comfortable with the possibility of being
accused of misconduct for missing a deadline. This would present a huge obstacle for me to
continue as a town volunteer. Sincerely,
Andy Hillman
Dear Town Board,
The proposed law states that all training shall be provided at no charge to officials. I'd like to
no more about what that means. I have some questions. Does no charge mean no cost?
E
Is travel to training reimbursable? Do town employees get paid for time in training? If so,
should volunteers? Is mileage part of "no charge"? Per diem?
Lastly, please consider this: Volunteers don't get paid; not because they are worthless, but
because they are priceless. Volunteers have time to give, but they don't have time to waste.
If equivalent training is done by volunteers but within a different organization, I believe that
should suffice.
Thank you,
Andy Hillman
FROM STEPHEN MORREALE:
Dear Katelin and Town Board,
I echo the sentiments of my fellow board members on the all -volunteer Board of Zoning
Appeals(BZA).
And I am speaking as the chair and long-time member of the board. I want to point out that
our BZA members, who are highly valuable and crucial to our dedication and who provide
thorough, sophisticated and thoughtful input and guidance to our community, are also highly
respected and engaged professionals otherwise committed to their lives and full-time jobs. As
such, I strongly object to the notion of assigning any label or accusations of "misconduct" to
these people who are invaluable assets for our town. I am not concerned about attending
trainings, which some of us do several times a year in our university jobs. Rather, I am
concerned about how such personally demeaning accusations could also be damaging to our
professional reputations.
Please reverse your course on any such decision.
Sincerely,
Steve Morreale
FROM REBECCA SCHNEIDER:
Dear Katelin and Town Board:
I have served as a dedicated member of the Planning Board of the Town of Ulysses for
approximately 15 years. I am proud and happy to have to provided hundreds of hours of
voluntary service along with my fellow board members, giving careful and thoughtful
consideration of the different permit applications and issues that come before us. I have
happily taken advantage of training opportunities when they can complement my
commitments to my full time job at Cornell. I have also been the provider of numerous
trainings on roadside ditches, stormwater management and wetland protection to other
boards and groups across the state and regionally.
Therefore I strongly object to the wording in the proposed rule that accuses our board
members of "misconduct" if someone gets behind in their trainings. I find this insulting and
disrespectful of the invaluable role that volunteers serve in our community. It is a disincentive
for people to continue serving in these critical voluntary positions. I also am truly
disappointed that such a negative, authoritarian approach would be used by our leadership
instead of working with our boards, by discussing the barriers and by providing more readily
accessible trainings or other mechanisms.
I hope you will change your approach to this issue.
Rebecca
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