No preview available
HomeMy WebLinkAbout2023-11-14-TB-FINAL-minutesTOWN BOARD MEETING Town of Ulysses Nov. 14, 2023 The meeting was held in person at the Town Hall at 10 Elm St., Trumansburg 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 https://www. voutube.com/channel/UCWV/s--cl9Cj)Hlxdk9YxZvPw. CALL TO ORDER: Ms. Olson called the meeting to order at 7:02pm. ATTENDANCE: TOWN OFFICIALS: Supervisor- Katelin Olson Board members- Mary Bouchard, Liz Weatherby, Rich Goldman, Michael Boggs Town Clerk- Carissa Parlato Second Deputy Supervisor/Budget Officer- Michelle E. Wright (via Zoom) MEMBERS OF THE PUBLIC: In person- Nancy Cusumano, Dan Clement, Vivien Rose, Bill George, Nancy Young Via Zoom- Anne Koreman, David Durrett, Grassroots Fest, Michael, (someone by phone) APPROVAL OF AGENDA: Motion: Ms. Olson proposed pulling the Dev. District 3 discussion and the minutes and moving them to the 11/28 meeting. Mr. Boggs moved to approve the agenda as amended. This was seconded by Ms. Bouchard and passed unanimously. PRIVILEGE OF THE FLOOR: Dan Clement (See attached statement) Nancy Cusumano (See attached statement) Vivien Rose (See attached statement) Bill George asked the board to talk to the village about the truck traffic from the South St. project. He proposed that the traffic be routed to Main St. instead of Podunk 227 as they go too fast and use loud jake brakes. There are also safety issues as people walk and there are no sidewalks on that section of South St. Ext. Nancy Young supported Mr. George's remarks and added that the house shakes when the trucks go by and the slab now has cracks. Also the road is getting damaged. BUDGET MODIFICATIONS RESOLUTION #173 OF 2023: BUDGET MODIFICATIONS RESOLVED that the Ulysses Town Board approves the 2023 budget modifications as presented. A FUND BUDGET MODIFICATIONS Account Account Name Current Increase/ Budget Mod Post Budget # Budget Decrease Request Mod. A1670.4 I PRINTING & MAILING CE $ 11,844.29 Increase $1,007.28 $ 12,851.57 Overage due to early in the year unbudgeted expense. Account Account Name Current Increase/ Budget Mod Post Budget # Budget Decrease Request Mod. A1990.4 I CONTINGENCY ACCOUNT $ 23,590.23 Decrease $ 1,007.28 $ 22,582.95 Balance of contingency account is listed above under "Post Budget Mod." Account Account Name Current Increase/ Budget Mod Post Budget # Budget Decrease Request Mod. A7020.43 I ADULT COMMUNITY RECCE $ 1,200.00 1 Increase $ 49.51 $ 1,249.51 Expenses associated with increased adult programming will be offset by additional revenue from programming fees. Account Account Name Current Increase/ Budget Mod Post Budget # Budget Decrease Request Mod. A2001 RECREATION FEES $ 94,500.00 1 Increase $ 49.51 1 $ 94,450.49 Please note that this revenue line has exceeded the budget as of October close, see monthly financial report. B FUND BUDGET MODIFICATIONS Account Account Name Current Increase/ Budget Mod Post Budget # Budget Decrease Request Mod. B1420.4 I ATTORNEY CE $ 33,474.35 Increase $ 2,477.17 $ 35,951.52 End of year estimate during the 2024 budget development process = $45,000 Account Account Name Current Increase/ Budget Mod Post Budget # Budget Decrease Request Mod. B8790.4 GEN NATURAL RESOURCES CE $ 8,790.40 Increase $ 590.47 $ 9,380.87 Overage due to WSPP Committee survey mailing. Account Account Name Current Increase/ Budget Mod Post Budget # Budget Decrease Request Mod. B1990.4 CONTINGENCY ACCOUNT $ 16,525.65 Decrease $ 3,067.64 $ 13,458.01 Balance of contingency account is listed above under "Post Budget Mod." DA FUND BUDGET MODIFICATIONS Account Account Name Current Increase/ Budget Mod Post Budget # Budget Decrease Request Mod. DA9785.6 Installment Purch. Principal $ 80,327.43 Increase $82,592.66 $162,920.09 DA9785.7 Installment Purch. Interest $ 4,594.35 Increase $ 2,329.12 $ 6,923.47 To record final payment on purchase of 2023 Granite 64FR Truck with Viking Equipment. Account Account Name Current Increase/ Budget Mod Post Budget # Budget Decrease Request Mod. 2 DA599 I Appropriated Fund Balance $183,692.00 Increase $84,921.78 1 $268,613.78 Funds for the final payment are budgeted in 2024, however, since the truck was received in 2023, we must record the full amount expended in 2023. The below budget modification will be made to the 2024 budget to reflect this transaction. Account Current Increase/ Account Name Budget Mod Post Budget # Budget Decrease Request Mod. DA5130.2 Machinery -Equipment $303,426.00 1 Decrease $84,922.00 $218,504.00 To adjust the budget for final payment on truck recorded in 2023. Account Current Increase/ Account Name Budget Mod Post Budget # Budget Decrease Request Mod. DA990 Unappropriated Revenues $ - Increase $84,922.00 $ 84,922.00 To reflect amount budgeted in 2024 for final payment is being used to replenish fund balance that was appropriated in 2023 in order to cover the final payment on 2023 Granite 64FR Truck. The board and Ms. Wright discussed why and how we are paying off the truck now. Moved: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 11/14/23 Seconded: Ms. Olson PAYMENT OF CLAIMS RESOLUTION #174 OF 2023: PAYMENT OF CLAIMS RESOLVED that the Ulysses Town Board has reviewed and approves payment of claims for vouchers numbered 438-479 and 481-488 in the amount of $210,335.68. Moved: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 11/14/23 Seconded: Mr. Goldman MUNICIPAL BOARD & STAFF REPORTS: Legislative update from Legislator Koreman: 3 • Passed 2024 budget with a (2% increase); put money aside for future debt, renovation of the jail and the future center of gov. The tax levy is $53 million. • Working on a green building society for bird friendliness • New rapid response vehicle for EMT staff • Asked Gov. to protect the Cargill Salt mine and have a safe closure plan • Solid waste annual fee restructured so that larger users pay more Mr. Boggs noted that the Water source Protection Plan survey responses are coming along well. Ms. Olson said that she will share staff reports at the 11/28 mtg. Two presentations- from Inn at Taughannock and Dev. District #3- are scheduled for that night too. OLD BUSINESS: TRAINING UPDATE FOR ELECTED OFFICIALS, PUBLIC OFFICIALS, AND COMPREHENSIVE PLAN STEERING COMMITTEE MEMBERS Ms. Olson noted that this policy has been updated based on the town board's conversations with the BZA. Other training certificates will be accepted and additional trainings that are tailored to the BZA are being developed. Mr. Boggs asked whether the recreation program contractors are subject to training requirements. Ms. Olson and Bouchard noted that they are independent contractors so not required. Ms. Weatherby said that training is often required for coaches. Ms. Olson said that many of the contractors are also coaches or employees of the school so are subject to requirements that way. RESOLUTION #175 OF 2023: UPDATE TO REQUIRED TRAININGS FOR ELECTED OFFICIALS„ PUBLIC OFFICERS, AND COMPREHENSIVE PLAN STEERING COMMITTEE MEMBERS RESOLVED, that the deadline to complete the necessary 2023 trainings is extended to December 31, 2023, and be it FURTHER RESOLVED, that the Town accepts Sexual Harassment Prevention certificates completed in 2023 in fulfillment of Town sexual harassment prevention training requirements. Moved: Mr. Goldman Seconded: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 11/14/23 �9lX�II_1_���X��[•Ll9' �_�L�_1]Z•]I�ylt•�1�1�tt•IyZ•]��i�L•]:Z:i�1:�� Ms. Olson noted that the people to be appointed as poll inspectors for the Dec. 6 election were invited from Tompkins County's list of certified inspectors who live in the Town of Ulysses. E1 Mr. Goldman asked whether we are in legal compliance with the permissive referendum and allocation of ARPA funds. Ms. Olson said that the purchase contract is contingent upon the results of the permissive referendum and it has all been fully vetted by the Town's attorney and is a common ARPA use. She said that when ARPA funds were first awarded they were targeted for water, sewer, and broadband. Additional rules were issues allowing funding to be spent on public facilities. Outdoor space and recreation has been shown to ameliorate the effects of COVID-19. She further noted that those who were awarded $10 million or more in ARPA funds are subject to stringent spending regs but those with lesser awards have more freedom to spend the funds. Mr. Boggs and Mr. Goldman requested that the attorney craft a response to the public's questions. Ms. Olson corrected comments that the federal gov. doesn't care about how the money spent. Rather, those who received $10 million are subject to greater scrutiny. RESOLUTION #176 OF 2023: A RESOLUTION CONCERNING MATTERS RELATED TO THE DECEMBER 6, 2023 SPECIAL ELECTION WHEREAS, on October 10, 2023, the Town Board designated December 6, 2023 as the date for a special election concerning a petition filed on September 7, 2023, and took action to require personal registration for such special election; and WHEREAS, the Board also desires to appoint persons to act as election inspectors and ballot clerks (hereinafter, "poll workers") for such special election; NOW THEREFORE, BE IT RESOLVED, that: The following persons are appointed as poll workers for the listed polling sites: • Trumansburg Village Hall, 56 E. Main St., Trumansburg, NY 14886 o Dolores Higareda o Liz Thomas o Carol Czimbach o Patricia Dodge • Franziska Racker Center, 3226 Wilkins Road, Ithaca, NY 14850 o Christine Holtkamp o Dorianne Almann o Emily Ouckama o (TBD) All poll workers shall be paid $17 per hour. This Resolution shall take immediate effect. Moved: Ms. Olson Seconded: Mr. Boggs 5 Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 11/14/23 NEW BUSINESS: AUTHORIZATION TO INCLUDE A 2024 TOWN BUDGET SUMMARY IN THE 2024 TAX BILL RESOLUTION #177 OF 2023: AUTHORIZATION TO INCLUDE A 2024 TOWN BUDGET SUMMARY IN THE 2024 TAX BILL WHEREAS, the Real Property Tax Law section 922 (1) (d) permits municipalities to include a summary of the 2024 adopted budget with the tax bills if the Town Board approves such action by resolution, and WHEREAS, all taxpayers deserve a clear and transparent explanation of how their taxes are used and the structure and changes in the Town of Ulysses 2024 budget; NOW, THEREFORE, BE IT RESOLVED, that the Ulysses Town Board authorizes the Supervisor and Clerk to prepare a brief summary of the 2024 Town Budget for inclusion with the 2024 tax bill. Moved: Mr. Goldman Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 11/14/23 Seconded: Mr. Boggs ESCROW AGREEMENT FOR THE PAYMENT OF MUNICIPAL ENGINEERING, CONSULTING AND LEGAL FEES Ms. Olson said that the purpose of this agreement is for Grassroots to get the reports necessary to move forward on a water district. MRB (town engineer) has estimated the cost for a map, plan and report to be just under $10,000. Ms. Springer (GR) said that they appreciate the town's cooperation and are looking forward to getting started with this. RESOLUTION #178 OF 2023: ESCROW AGREEMENT FOR THE PAYMENT OF MUNICIPAL ENGINEERING, CONSULTING AND LEGAL FEES WHEREAS, a completed map, plan and report is necessary for the review and consideration of a potential water district; and WHEREAS, it is appropriate for applicants to pay for necessary costs associated with third party services in compliance with state and local laws; NOW, THEREFORE, BE IT RESOLVED that the Ulysses Town Board authorizes the Town Supervisor to enter into an escrow agreement with Finger Lakes GrassRoots Festival, Inc. to pay for required third party services, including engineering and legal costs required to review the Project under local, state and federal laws, and compliance with the New York State Environmental Quality Review Act. Moved: Mr. Goldman Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 11/14/23 Seconded: Ms. Bouchard SCHEDULE A SPECIAL MEETING ON DECEMBER 7, 2023 RESOLUTION # 2023-179: SCHEDULING A SPECIAL MEETING ON DECEMBER 7, 2023 RESOLVED that the Town Board holds a Special Town Board meeting at 10 Elm Street, Trumansburg, NY, on Thursday, December 7, 2023 at gam for the purpose of updating the public on the outcome of the Special Election to be held on December 6, 2023. Moved: Mr. Goldman Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 11/14/23 Seconded: Ms. Weatherby SCHEDULING A SPECIAL MEETING ON DECEMBER 12, 2023/ CANCELING THE REGULAR MEETINGS ON DECEMBER 12 AND DECEMBER 26, 2023. 2023 RESOLUTION 2023-180: SCHEDULE A SPECIAL MEETING ON DECEMBER 12, 2023; CANCEL REGULAR MEETINGS ON DECEMBER 12 AND DECEMBER 26, 2023 7 RESOLVED that the Town Board holds a Special Town Board meeting at 10 Elm Street, Trumansburg, NY, on Tuesday, December 12, 2023 at 6pm, and be it FURTHER RESOLVED that that Town Board cancels the December 12, 2023 regular meeting at 7pm and cancels the December 26, 2023 regular meeting. Seconded: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 11/14/23 LETTER OF SUPPORT FOR VILLAGE TAP GRANT APPLICATION Ms. Olson noted that the grant is for a sidewalk along the northern section of the town on Route 96, from the Farmer's Market up to Compass Park. The town will need to come up with a plan for maintenance in the areas owned by the town. RESOLUTION 2023-181: LETTER OF SUPPORT FOR VILLAGE TAP GRANT RESOLVED, the Ulysses Town Board supports the Village's 2023 grant application to extend sidewalks along Route 96. Moved: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 11/14/23 Seconded: Ms. Weatherby BOARD OF ZONING APPEALS — REQUEST FOR SIGNAGE (UPDATE) Ms. Olson said that the BZA has requested that the zoning law require public signage on properties slated for public hearings. The Planning Board does this and it is a good practice. The Town Planner will work with the Town Attorney on a local law amendment. UPCOMING EVENTS: • November 28 —Regular Town Board Meeting • December 6 — Special Election on Land Acquisition, Trumansburg Village Hall and Racker, 11am-8pm. Ms. Olson noted that she would relay the truck concerns to the village that were discussed earlier. PRIVILEGE OF THE FLOOR (3 min limit per person; 10 minutes maximum): Ms. Rose said that to her knowledge there were no public meetings related to using ARPA funds to buy land. A resolution saying things will be done should not be done until the resolution takes effect. Just because something happens in another muni doesn't mean that it is correct. There are many other ways to spend the ARPA funds. ADJOURN Mr. Goldman made a motion to adjourn at 8:29m. This was seconded by Ms. Bouchard and passed unanimously. Respectfully submitted by Carissa Parlato, Town Clerk 12121123 E APPENDIX: Tuesday, November 14, 2023 From Concerned Ulysses Taxpayers and Voters Re: Legal obligations and constraints under NYS Town Law concerning Resolution 2023-125 Dear Town of Ulysses Supervisor Olson and Town Council members Boggs, Bouchard, Goldman and Weatherby, Several members of Concerned Ulysses Taxpayers and Voters attended the 11/9/23 Town Board "public information session" re: the Town Board's proposal to purchase 30 acres of agricultural land for rec fields and other unknown purposes. Supervisor Olson and Council member Weatherby repeated information on the Town website FAQ about Resolution 2023-125 (6/27 /23) authorizing Town Supervisor Olson to negotiate and enter into a contract to purchase 30 acres of agricultural land from ARPA funds and to enter into agreements for closing activities for same at Town expense subject to permissive referendum. Under NYS Town Law, actions subject to permissive referendum do. not take effect until 30 days after the Town Board's action to allow time for public notice and (if any) petition for a vote on the action. Public records show that an appraisal, a survey, and a signed purchase contract, all dated in the 30 day period before Resolution 2023-125 took effect, were executed by the Town Supervisor. The legal rights of Town of Ulysses voters to input on decisions affecting them as codified in NYS Town Law are not optional. As Resolution 2023-125 still has not taken effect, we ask the Board to remedy this misuse of authority and immediately rescind Resolution 2023-125 in its entirety. We look forward to your formal and timely response. Please enter this letter into the public record. Sincerely, Dan Clement 5027 Dubois Road On behalf of Concerned Ulysses Taxpayers and Voters Tuesday, November 14, 2023 From Concerned Ulysses Taxpayers and Voters I'OJCi bra"' Re: Legal obligations and constraints under ARPA concerning Resolution 2023-125 Dear Town of Ulysses Supervisor Olson and Town Council members Boggs, Bouchard, Goldman and Weatherby, On behalf of the Town of Ulysses, the Town Board accepted an allotment of approximately $321,000 of federal funds under the American Rescue Plan Act to address impacts of the Covid-19 national health emergency and resulting economic effects on Town of Ulysses residents. This one-time funding source is.one of the most flexible direct grants to local communities in decades, depending on local officials to identify the worst impacted and direct funds to them, 10 Town Supervisor and Representative Weatherby stated at the Town Board "public information session" 11/9/23 that ARPA funds may be used for recreational purposes and pointed to other municipalities that had used them in such a way. They did not say the Town of Ulysses falls under the same categories and requirements as those municipalities. Both the law and the generic Award and Terms and Conditions letter required to be signed by a Board representative before funds were allocated require the Town Board to 1. Document Use of Funds for projects targeting Most Affected by Covid Health Emergency: Qualified Census Tracts, Tribal governments, US Territories, those under federal low-income definition, students who lost in person instruction. 2. If identifying another population as "disproportionately impacted," document the decision -making process by which the determination was made that it is a qualifying group. 3. Document how the proposed project is commensurate to and responsive to identified and qualifying need. 4. Certify to the Department of Treasury that this documentation exists and produce it on request. Town Resolution 23-125 16/27/2023) does not mention the Covid Health Emergency or resulting negative economic impacts to Town of Ulysses residents at all. Furthermore, questions about how the proposed purchase of 30 acres for playing fields and other unknown purposes met the requirements of the allocated funds or address the impact of Covid on Town residents submitted to the Town Board for response at the Town Board's "public information session" (11/9/2023) were not answered. To date, a FOIL request to the town (11/2/2023) for these documents is unanswered. We look forward to your formal and timely response. Please enter this letter into the public record. Sincerely, Michael Cohen 5096 Dubois Road On behalf of Concerned Ulysses Taxpayers and Voters Tuesday, November 14, 2023 From Concerned Ulysses Taxpayers and Voters T-aw11 Lavv Re: Legal obligations and constraints under the Federal 2023 Consolidated Appropriations Authority concerning Resolution 2023-125 Dear Town of Ulysses Supervisor Olson and Town Council members Boggs, Bouchard, Goldman and Weatherby, It does not appear that the Town of Ulysses meets the requirements for using ARPA funds to purchase 30 acres of agricultural land for rec fields and unknown other purposes under the 2023 Consolidated Appropriations Act, which expanded authority effective December 22, 2022, to allow purchase of land "for any public purpose subject to certain limitations" to fund Title I projects. 11 Under that law, 1. No more than 30% of the Town's total ARPA funds, or $96,584, can be used for a Title I project. 2. The Town Board must direct "70"% of ARPA funds used for Title I projects to projects that principally benefit low- and moderate -income persons" with a median income of $65,880. According to the latest. US Census Bureau statistics for Town of Ulysses, the median income in the last 12 months is estimated at$67,875, exceeding the limit. 3. Recipients must ensure at least 51% of intended project beneficiaries are in the low to low to moderate income category. Based on most recent US Census Bureau statistics, of a general population of 4937, 2150 or 44% are low to moderate income. 4. The Town Board must document the project complies with the National Environmental Policy Act (NEPA) and other applicable federal laws. Town Resolution 23-125 (6/27/2023) does not rnention the Covid Health Emergency at all. Questions about how the proposed purchase of 30 acres for playing fields and other unknown purposes addresses the impact of Covid on Town residents submitted to the Town Board for response at the Town Board's "public information session" (11/9/2023) were not answered. To date, a FOIL request to the town (11/2/2023) for these documents is unanswered. We look forward to your formal and timely response. Please enter this letter into the public record. Sincerely, Nancy Cusumano 5011 Dubois Road On behalf of Concerned Ulysses Taxpayers and Voters To: Town of Ulysses Supervisor and Board; Town Clerk; Town Attorney From: Vivien E. Rose, Town resident Subject: ARPA Reporting and Recoupment under ARPA regulations and Award letter Date: 11/14/2023 At the Town Board's 11/9/2023 "public information session," Supervisor Olson remarked that the "federal government" did not care about little amounts of ARPA funds like those allocated to Town of Ulysses. After the "public information session," while asking Ms. Weatherby about required documentation of the Town Board's determination that actions approved under Resolution 2023-125 (subject to permissive referendum) addressed the impact of Covid-19 on the Town of Ulysses as required by ARPA, she said, "Not under$10 Million." Final guidance for use of ARPA funds clearlv states that 12 -funds must be used to address the impact of the Covid-19 health emergency and resulting negative economic effects. -municipalities of any size receiving ARPA funds must target 51% of funds to low to moderate income. -receiving entities must document and maintain records for 5 years after funds are expended or returned to the Treasury Dept. While I have not received the Town of Ulysses Award letter with Terms and Conditions and ARPA reporting to date requested under Freedom of Information Law on 11/2/2023, the generic Award letter posted on the Treasury Dept. website required of all municipalities to receive funds includes: 1. Funds may "only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations implementing that section, and guidance issued by Treasury ... " 2. Funds used for ineligible purposes "shall be subject to recoupment ... " 3. Treasury Dept. will use "any actions available" to collect debt not promptly paid on demand. 4. In reporting, false statements or claims "in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, irnprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law." For all these reasons, I request that the Town Board rescind Resolution 2023-125 and use ARPA funds for the intended purpose: assisting Town residents most impacted by the Covid-19 health emergency and resulting negative economic effects. Please add this memo to the permanent record of this meeting. Thank you. 13