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HomeMy WebLinkAbout1994-04-12 - TB 9• TOWN OF ULYSSES REGULAR TOWN BOARD MEETING April 12 , 1994 P resent : Supervisor Doug Rustic ; Councilpeople Thomas Reitz , Catherine - Stover -; • Ben Curtis , Robert - Weatherby ; Highway S uperintendent James - Meeker ; Bookkeeper Jeanne - ✓ anderbilt ; Code • Enforcement . Officer Alex • Rachun ; Town Clerk Marsha Georgia . - - Others Present : Scott Andrew & Jack - Little / Auditors , Chief Kevin Roemer , Jim Scott ; Ruth Kahn , Dan Smith , Dave • Linn , ✓ alerie Meeker , Marion Boratynski , Ali Oshinsky / Free • P ress , Charles - Lounsberry •: . - • S upervisor Austic called the Regular Meeting of . the , Ulysses Town B oard to order - at 7 •: 30pm and led those -. in - attendance in - the P ledge of Allegiance to , the • Flag ; of -. the - United - States • of : America . Mr . Austic entertained a motion to approve the minutes of the March 8 RegularYTown Board - Meeting ; moved by : Mr . • Reitz ., seconded 1 y - Mrs -. . Stover . • - • •• . _ Mr . Austic Aye - Mr . Reitz . Aye - Mrs . Stover Aye Mr . Weatherby Aye Mr . Curtis Aye Approved . Lis Report : Trumansburg Fire Department Kevin Roemer reported _ he had been _ re - elected Chief for another year . ' Distributed a resolution to the Board regarding 911 . proposal , and asked for support . County Board is meeting on this tonight . Mr . Roemer wasn ' t able to answer many questions ; information • will be available after • the - County - Board meeting . . In process of . purchasing new ambulance . - Read March . report and left - copy - with = Board . • . . Report : Representative Peter Meskill Attending 911 County Board Meeting. - H earinq . of : DeleQations and Individuals Marion Boratynski thanked Mr . Austic for his letter and understands the time - frame •for • tonight . Been struggling with how to present . her •. perspective on . the . issue of using insecticides in the community . . - , Would . like to read her letter . to give a • . feel as to where she - is coming from . . It . took her a - long time before arriving tonight -. to - get _ rid , of , the . anger that - had built . up -; because - doesn ' t believe it ' s • anybodies - fault . • -It ' s the fault of the system . , Ms . Boratynski : read- her , letter • as follows : • . . • . . . . . . . I . • • . .. , - 4 • April 12 , 1994 . : Doug . Austic - • - s - • - Town _ Supervisor . - Town- of • Ulysses • -. Dear Mr : Austic , Thank you for a very considerate response to my April 1 letter in which I have expressed concerns regarding the Town ' s use of various pesticides in public areas , and the need for an informative learning process to begin . This r V - qP Town of Ulysses 2 Regular Town Board Meeting April 12 , 1994 n eed is there , so that we as a community may pursue appropriate research before deciding whether the so - called " quick , easy and cheap " way of maintaining public right - of - w ays is worth the environmental and health risks that may e xist when using various pesticides . I repeat my request that this informative learning process begin prior to any further use of pesticides this spring or summer by the Town Highway Department . A public forum at a later date making more time available for discussion of specifics regarding environmental and h ealth issues would be an excellent way for this informative learning process to begin . I would be very willing to help o rganize and plan this forum with the Board ' s approval and input . This issue is far more serious and complicated than most of us realize , and it is important that this issue be kept in perspective . The Environmental Protection Agency ( EPA ) does n ot guarantee the safety of the many pesticide products approved for public use , and none of these products have been tested on human tissue . As stated in a publication produced by the Erie County Unit o f the American Cancer Society , " pesticides are poisons d esigned to kill a variety of plants and animals such as insects ( insecticides ) , weeds ( herbicides ) and mold or fungus ( fungicides ) . Pesticides include active ingredients ( chemical compounds designed to kill the target organisms ) and inert - ingredients which may be carcinogens or toxic substances . " The decision to use pesticides on privately owned lands and / or in privately owned homes is a personal decision made by that property owner , Iwith that property owner ' s consent , and a decision that hopefully will only have an effect on that property owner . The decision by an elected official / Town Highway Department to use these pesticides on public areas - - cemeteries , ✓ oadways , ditches carrying water into the streams and creeks - - without public input , notification or consent is a totally different issue . I resent the fact that I am now too a victim of a pesticide e xposure , an exposure without my consent , an exposure that caused me to become quite ill for several months , an exposure that has left me with a very low tolerance level to chemicals , an exposure that is now taking me on that long and lonely medical road , an exposure that has created a second job filled with research for me to pursue , an e xposure that has changed my life and will be with me forever . L ast July ' s intense , needless , senseless and very careless chemical spraying ordered by Mr . Meeker / Town Highway D epartment is proof that there is a real need for an informative learning process , and for the sake of our children and the children to come , it needs to begin here and now . Sincerely , Marion Boratynski Mr . Austic said perhaps we should have a public forum ; can set it up sometime in the near future . Mr . Curtis suggested that it be County - wide , through Cooperative Extension . Ms . Boratynski said I � ghty „ Town of Ulysses 3 Regular Town Board Meeting April 12 , 1994 w e will have to come up with a couple of dates . Mr . Reitz pointed out that DOT also regulates what our responsibilities are regarding highway right - of - way maintenance , so need to hear that too . Mr . Austic said the Board will look into this and get back to Ms . Boratynski . Jack Little representing Ciaschi , Dietershagen , Little and Mickelson introduced himself and stated he would like to review the audit that was just conducted . Began with stating that it w as a successful audit . Want to point out Fund Balances ; as of D ecember 31 , 1993 the Town had $ 108 , 741 . 00 ; there is no law that says how much fund balance you can have , general guidelines about 10 % of your budget so based on that about $ 30 , 000 . , so your fund balance is pretty healthy . NY State would probably write you up for that ; we would encourage you to look at these balances . Additionally have reported on your internal control . Would advise the Board to consider . a Procurement Policy , also an Investment Policy ( one you have doesn ' t comply as it should ) . Would also recommend more definition in a couple of areas of the P ersonnel Policy . Mr . Austic stated that the Board ' has passed a Procurement Policy . Looking at an Investment Policy and working at revising the P ersonnel Policy . Mr . Austic said that before getting into Claims he would like a motion to transfer $ 500 . from DA5148 . 01 to DA5142 . 01 to cover the account ; moved by Mr . Reitz , seconded by Mrs . Stover and unanimously approved . CLAIMS ' Mr . Austic entertained a motion to approve the Claims # 69 - 116 , w ithholding # 97 , in the amount of $ 19 , 801 . 05 ; moved by Mr . W eatherby and seconded by Mr . Reitz . Mr . Austic Aye . Mr . Reitz Aye Mrs . Stover Aye Mr . Weatherby Aye . Mr . Curtis Aye Approved . REPORTS Town Clerk , Marsha Georgia , reported $ 1 , 135 . 50 collected for the month of March of which $ 893 . 30 was turned over to the Supervisor w ith the monthly report . Tax - Collection of $ 73 , 895 . which is being paid to the County . $ 699 . 96 was collected in - penalties . H ad fifty copies of Subdivision Books made . Highway Superintendent , James Meeker ' reported plowing and salting . - Working on equipment and patching some holes . Code Enforcement Officer , Alex Rachun4 reported three permits issued . Four BZA hearings scheduled . Master Plan is needing some outside help to gather data and at this point we are turning to Tompkins County Planning Department . Have met ' and given them information on - what we need and they will ' come back with a contract : — - . Board Members - Mr . Reitz announced a meeting of Tompkins County P lanning on Wednesday , April 13 . Also , Intermunicipal Task Force is looking to - develop goals for this summer . Town of Ulysses 4 Regular Town Board Meeting April 12 , 1994 Mrs . ' Stover announced a Planning Meeting April 26 . S upervisor ' s Financial Report . N o questions . O LD BUSINESS Investment Policy - Mr . Reitz moved , seconded by Mr . Curtis the following : RESOLVED : that the Town of Ulysses approve the Investment Policy as follows : INVESTMENT POLICY FOR THE TOWN OF ULYSSES I . SCOPE This investment policy applies to all moneys and other financial resources available for investment on its own behalf or on behalf of any other entity or individual . II . OBJECTIVES The primary objectives of the local government ' s investment activities are , in priority order , * to conform with all applicable federal , state and other legal requirements ( legal ) ; * to adequately safeguard principal ( safety ) ; * to provide sufficient liquidity to meet all operating requirements ( liquidity ) ; and * to obtain a reasonable rate of return ( yield ) . III . DELEGATION OF AUTHORITY The governing board ' s responsibility for administration of the investment program is delegated to the Town Supervisor who shall establish written procedures for the operation of the investment program consistent with these investment guidelines . S uch procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a data base or records incorporating description and amount of investments , transaction dates , and other relevant information and regulate the activities of subordinate employees . IV . PRUDENCE All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the Town of Ulysses to govern effectively . Investments shall be made with judgment and care , under circumstances then prevailing , which persons of prudence d iscretion and intelligence exercise in the management of their own affairs , not for speculation , for investment , considering the safety of the principal as well as the probable income to be d erived . All participants involved in the investment process shall refrain from personal business activity that could conflict A , 141m Town of Ulysses 5 Regular Town Board Meeting April 12 , 1994 with proper execution of the investment program , or which could impair their ability to make impartial investment decisions . ✓ . DIVERSIFICATION It is the policy ' of the Town of Ulysses to diversify its deposits and investments by - financial institution , by investment instrument , and by maturity scheduling . ✓ I . INTERNAL CONTROLS - ■ a It is the policy of the Town of Ulysses for all moneys collected by any officer or employee of the government to - transfer those : . funds to : the ( chief : fiscal . officer ) within fifteen ( 15 ) days of deposit ; ' or • within ' the ' time period specified in law , whichever is shorter . - . . : . - . - • 4 The : Town : Supervisor is : responsible for establishing and maintaining • an . internal -. control structure to provide reasonable , but not absolute , : assurance : that deposits and investments . are ' - safeguarded against loss from •: unauthorized : use . or disposition , that transactions are executed in accordance with management ' s authorization and - recorded : properly :, : and = are . managed in compliance : with °. applicable - laws : and regulations .. - - . x VII . DESIGNATION . OF : DEPOSITARIES - . _ - . . , . , . . . The banks . and ' trust companies authorized for the deposit of . monies : up - to the maximum amounts are : . - - _ - - - -. . , - . Depository Name Maximum Amount Officer - Tompkins - Co . Trust Co . Variable ✓ III . COLLATERALIZING OF DEPOSITS In accordance with the _ provisions of General Municipal L aw , s 10 , : all deposits of _ Town _ of : : Ulysses ., including certificates - of - deposit and special . time deposits ; in excess of the amountiinsured : under : the -_ proVisions : of the Federal Deposit Insurance Act shall be secured : • - - 1 . By a pledge of " eligible securities " with an aggregate amount : of : deposits from the categories designated in Appendix A to the policy . • f ' : 1 . 2 . By an eligible " irrevocable letter of credit " r - issued : by a qualified , bank other than the bank . withorthe - deposits : in favor of - the government for a term . not to exceed : 90 : days with . an : aggregate value e qual to 140 % of the aggregate • amount . - of deposits and the agreed upon interest , if any . A qualified bank _ is : onetwhose ., commerciab : paper . and other unsecured short - term debt obligations are rated in one . of the : three :. highest _ rating := categories by at least : one _ nationally recognized :_ statistical rating or-,ganization7or :by : a abank . that : is : in :. compliance w ith applicable federal minimumt- risk - based capital ✓ equirements . _ . r. ' 3 . By an . eligible . :surety : bond pay. able . , to :. the government : for . an amount - at : Least .. equal to 100 % of thev. aggregate : amount : of depositscand :a he agreed uponainterest ; if : any ;. executed : by _ an : insurance company authorized to do business in New York Ilir Town of Ulysses 6 Regular Town Board Meeting April 12 , 1994 S tate , whose claims - paying ability is rated in the h ighest rating category by at least two nationally recognized statistical rating organizations . IX . SAFEKEEPING AND COLLATERALIZATION Eligible securities used for collateralizing deposits shall be held by _ a third party bank or trust company subject to security and custodial agreements . The security agreement shall provide that eligible securities are being pledged to secure local government deposits together with agreed upon interest , if any , and any costs or expenses arising out of the collection of such deposits upon d efault . It shall also provide the conditions under which the securities may be sold , presented for payment , substituted or ✓ eleased and the events which will enable the local government to e xercise its rights against the pledged securities . In the event that the securities are not registered or inscribed in the name o f the local government , such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Town of Ulysses or its custodial bank . The custodial agreement shall provide that securities h eld by the bank or trust company , or agent of and custodian for , the local government , will be kept separate and apart from the g eneral assets of the custodial bank or trust company and will n ot , in any circumstances , be commingled with or become part of the backing for any other deposit or other liabilities . The agreement should also describe that the custodial shall confirm the receipt , substitution or release of the securities . The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility . Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities . X . PERMITTED INVESTMENTS As authorized by General Municipal Law , sll , the Town o f Ulysses authorizes the Town Supervisor to invest moneys not ✓ equired for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments : * Special time deposit accounts ; * Certificates of deposit ; * Obligations of the United States of America ; * Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America ; * Obligations of the State of New York ; * Obligations issued pursuant to LFL s24 . 00 or 25 . 00 ( with approval of the State Comptroller ) by any municipality , school district or district corporation other than the Town of Ulysses ; * Obligations of public authorities , public housing authorities , urban renewal agencies and industrial development agencies where the general State statutes governing such entities or whose specific enabling legislation authorizes such investments . Town of Ulysses 7 Regular Town Board Meeting April 12 , 1994 * Certificates of Participation ( COPs ) issued pursuant to GML s109 - b . * Obligations of this local government , but only with any moneys . in a reserve fund established pursuant to GML ° ss6 - c06 - d , 6 - e , 6 - h , 6 - j , 6 - k , 6 - 1 , 6 - m , or 6 - n . All investment obligations shall be payable or redeemable at the option of the Town of " Ulysses within such times as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and , in ' the • case - of obligations purchased with the proceeds of bonds or notes , shall be payable or redeemable at the option of the Town of Ulysses within two years of = the date of purchase : ' • • . • XI . AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS The Town of . Ulysses shall maintain a list of financial institutions and dealers approved for - ' investment purposes and e stablish appropriate limits to the amount of investments which can be made . .with each financial institution or dealer . All financial institutions with - which the local government conducts business must be credit worthy : • Banks shall provide - their most ✓ ecent Consolidated Report of Conditions ( Call Report ) at the ✓ equest of : the : Town . of Ulysses : Security dealers - not affiliated w ith a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank , as primary dealers . The Town Supervisor is responsible for evaluating the financial position and maintaining a listing of 1 proposed depositaries , trading partners and custodians . Such listing shall be evaluated at least annually . XII . PURCHASE OF INVESTMENTS The Town Supervisor is ' authorized - to • contract for the purchase of investments : _ a � - ' • _ : 1 . . Directly , including through ' a repurchase agreement , from an authorized trading partner . 2 . By participation in a cooperative investment progr. amwith another authorized governmental entity pursuant to Article 5G Of the General Municipal:- Law ' where • such " . program meets ' all the requirements set forth . ' in • ' the Office of - the State Comptroller Opinion No . 88 - 46 , and the specific • program - has been authorized • by ' the " " governing board - _i . . 3 . By utilizing an ongoing investment program with an authorized trading partner pursuant to a contract authorized . by the governing '-board : - e • . . , _ All purchased obligations , unless registered or inscribed in the name of the local government ; shall be purchased through , deliverethto and ' held • in the custody • , of a -bank • or trust company . Such obligations shall be purchased , ' sold or presented for redemption or payment by such bank or trust company only in accordance with =prior. written authorization • - from the officer authorized to _ make . the . investment .- All such transactions shall be confirmed in . writing . toe. the Town of Ulysses by - the ' bank or trust company . Any obligation . held in the custody of a - bank or trust company shall be held pursuant to a written custodial agreement -..as described _ in • General Municipal - Law , : s10 . - e _ The custodial agreement shall provide that securities held by the bank or trust company , as agent of and custodian for , the local government , will be : . kept separate and apart from the qi Town of Ulysses _ . 8 Regular Town Board Meeting April 12 , 1994 , - - general assets of ;the• ,custodi,`aa, ba_n_kg or truset_ ;company and will not , in any circumstances , be commingled -with. • or_ become part of the backing for any other deposit or other liabilities . The agreement shall describe -how the cusvtodian ; s:ha,l l confirm the receipt and release, .ofd ; t-he ,-securiaes . Such agreement shall include all provisions . necessary,-, to provide the local government a perfected interest in the securities . . , XIII . REPURCHASE -AGREEMENTS Repurchase agreements . are . authorized subject to the following restrictions : . - * A11 repurchase agreements must be entered into subject to a Master Repurchase Agreement . * Trading partners are limited to banks or trust companies authorized to do business in New York State and primary reporting dealers . • * Obligations shall be limited to obligations of the United States of America and obligations guaranteed by agencies of the United States of America . * No substitution of securities will be allowed . * The custodian shall be a party other than the trading partner . APPENDIX A Schedule of Eligible Securities ( i ) Obligations issued , or fully insured or guaranteed as to the payment of principal and interest , by the United States of America , an agency thereof or a United States government sponsored corporation . ( ii ) Obligations issued or fully guaranteed by the International B ank for Reconstruction and Development , the Inter - American D evelopment Bank , the Asian Development Bank , and the African Development Bank . ( iii ) Obligations partially insured or guaranteed by any agency of the United States of America , at a proportion of the Market Value of the obligation that represents the amount of the insurance or guaranty . ( iv ) Obligations issued or fully insured or guaranteed by the State of New York , obligations issued by a municipal corporation , school district or district corporation of such S tate or obligations of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys . ( v ) Obligations issued by states ( other than the State of New York ) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization . ( vi ) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization . ( vii ) Obligations of counties , cities and other governmental • T 9, own of Ulysses 9 Regular Fawn Board Meeting April 1 , 1994 entities of a state other than the State of New York having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated - in one of the three ' highest rating categories by at least one . natibha n y recognized statistical - rating organization , ( viii ) Obligations - of domestic corporations rated in - one of the ' two highest rating categories brat least one nationally - recognized statistical rating organization . ( ix ) Any mortgage related securities , as defined - in the Securities Exchange • Act of . 1934 , as amended , - which maybe iurchased -• by banks under the limitations establ i shed • by - bank regul- atory ' • age cies . . . . . . ( x ) Commercial paper and bankers acceptances issued by a bank , other than the Bank , rated in ' the highest short term category by at least one nationally recognized statistical rating organization and having ' maturities of - riot - longer than 60 days from the date they are pledged , i ( xi ) Zero coupon obligations of the United States government ' marketed at " Treasury strips " . • Hearing naldiscussion , the Board voted ' as foLlaws : . Mr . Austic Aye . . - H r . Reitz - - Aye . _ Mr- s . i Stover - - I Aye Mr . Weatherby , • Aye . Mr . Curtis - Aye - . . Adopted . Fair Board Requests Mr . Austic said that thishas basically been taken care of . Waiting for insurance certificate in order to approve fireworks . - . NEW BUSINESS - • Bus Stops Mr . Austic said that it seems that a couple of the bus shelters will be done this spring rather than 1995 . Probably in the Village . Mr . Reitz said one is at the Park And Ride , another at the school . Mr . Austic said they are contemplating a third , not sure where as yet . May be a reimbursement ( for concrete pads ) of funds payable two years after the project . Has been no mention of who maintains these shelters or repairs in the event of damage . Plannzn Board Re nest Quotes haven ' t been received from the County . Personnel Policy Mr . Austic asked if there was someone who would like to review this regarding accrued time and how it ' s used at termination / retirement , Mr . Reitz said he would be happy to look it over . Mrs . Georgia asked if something concerning Harassment will he added ? Mr . Reitz said he can look at Cornell ' s policy and other Towns and municipalities . Mr . Curtis said he will look into other policies also . q 9 Town of Ulysses 10 Regular Town Board Meeting . April 12 , 1994 . Bike Trail _ _ Mr . Austic sid _ he has received several . telephone calls regarding this proposed _ , trail between Ithaca , and , Geneva , and Federal Grant money is being used . Jim . Scott spoke against the trail . Mr . Reitz ' said a couple of years ago he heard major opposition from people living along the proposed path - way . Dan Smith also is against it . . . couldbe a real liability problem if it is on your property . Peter Meskill said he understands it ' s suppose to be an eight foot wide blacktop path . Not sure if there will be any ✓ esponsibility on the part of the Town . . After brief discussion Mr . Reitz moved , seconded by Mr . Curtis that Supervisor Austic w rite a letter on behalf of the Town of . Ulysses seeking more information and the status of the Bike Trail . Mr . Austic Aye Mr . Reitz Aye Mrs . Stover Aye Mr . Weatherby Aye Mr . Curtis Aye Approved Mr . Reitz stated he will be meeting with and going over plans for the Town Hall with an architect . He will be submitting a proposal . Mr . Curtis said we need to talk about what our space n eeds are . Mr . Reitz said he would be happy for any input . Mr . Meskill ( arriving after his County meeting ) talked briefly about the bus stop shelters / volunteer labor to do pad work ; also Solid Waste is considering a clean - up day in September / finding o ut from individual municipalities how they feel . No tipping fees will be charged . Talked briefly about 911 . Correspondence Mr . Austic reviewed correspondence he has received . H earing no further business Mr . Austic entertained a motion to adjourn , moved by Mr . Reitz , seconded by Mrs . Stover . U nanimously approved the meeting adjourned at 9 : 40pm . Respectfully submitted , Marsha L . Georgia Town Clerk