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HomeMy WebLinkAbout1998-01-13 - TB a TOWN OF ULYSSES REGULAR MONTHLY MEETING January 13 , 1998 PRESENT: Supervisor Douglas Austic; Councilpeople Andrew Hillman, Carolyn Duddleston, Peter Penniman ; Robert Weatherby absent; Highway Superintendent James Meeker; Code Enforcement Officer Alex Rachun ; Town Clerk Marsha L. Georgia. Others Present : TC Representative Peter Meskill ; TC Representative Barbara Blanchard ; Four Students from Government Class ; Donald Sola; James Brown; Jeffrey Brown ; Ann Stover; Thomas .Reitz . Supervisor Austic opened the meeting and lead those assembled to the Pledge of Allegiance to the Flag of the United States of America. TOMPKINS COUNTY AREA DEVELOPMENT Mr. Austic introduced Barbara Blanchard . She is the representative to the Tompkins County Board and represents the West Hill, South Hill, Meadow St. and City of Ithaca. On the County Board she chairs the committee that has the responsibilities of area development . Ms Blanchard stated their mission is to prepare an economic development plan for public and private sector activities to move the local economy toward greater vitality, stability, diversification, and equity in a manner, which fosters cultural richness and ecological integrity. The plan should : * Define projects for the near term, as well as those to meet long range objectives, with the goal of sustaining economic opportunity for the coming generations. * Support the development of employment skills and opportunities across the wide spectrum of personal ability. *Focus on strategies, which increase the earning power of all county residents. *Expand efforts to retain existing businesses and support their development . * Serve as a guide for the on-going allocation of economic development funds, including methods for evaluating development initiatives . *Help fill gaps in current economic development services, avoid duplication, and foster synergy among local development efforts. Ms Blanchard distributed a packet of information to the Board, which included a two- page survey that she asked the members to fill out and return to her. There are two group discussions coming up . The two nights set aside from 7 PM till 8 : 30 PM are on February 19th and the other February 24th that she would like a representative from the Town of Ulysses. The point of the meetings is to discuss the topics of what your community sees as their visions of business and how to fit those into Tompkins County. Also what projects you may have in mind for your community. Councilman Peter Penniman is the Town ' s Liaison to TCAD but she would like to have other participation . Mr. Austic will attend the meeting on February 24t. Ms Blanchard also stated that outside this planning activity they have formed an Electric Power Committee that will be looking into this deregulation of electric power. The chairman of that committee has requested each town to share with this committee anyone from individual companies to be an electrical provider. The county committee wants to talk to everyone and get a better feel for the services provided . Mr. Austic stated that in the past it has seemed to him that developers have been encouraged to center around the Ithaca area. He would hope with this county wide plan, if possible you would encourage smaller type business, which don 't necessarily need to be in a larger municipality, to move to the smaller towns. This would spread the workforce out and give smaller towns an advantage in tax base. In the past potential developers have been directed to the City of Ithaca. Ms Blanchard stated that this is just the type of things needed to be said at these meetings. Regular Town Board Meeting 2 -J 01 /13/98 Mr. Penniman stated that there are number of municipal officials from the rural parts of the county in this planning group and this issue has come up . There is a pretty good cross section of people working on this and he finds it to be very well organized . He also finds this to be a very important issue because of the economic situation in up state New York. It is also very competitive because many counties are very sophisticated in their economic development programs so it is important that you do it at the county level and do a good job. APPROVAL OF MINUTES Mrs. Duddleston moved, seconded by Mr. Penniman to approve the minutes of the Regular Town Board Meeting of December 9th, 1997 and the Special Town Board Meeting of December 30th, 1997 . Mr. Penniman asked that in the meeting on the 30th, 2nd page, 4th line remove knowing of the protest . Mrs. Duddleston had a question on the Dec. 9t . She wondered about the title of Peter Meskill . It reads TCP and should read TC . Mr. Hillman asked if the minutes could be discussed . He knows he was not here at the meeting of Dec. 30t. But he did attend an earlier gathering where interviews were being conducted for Planning Board Members. At that time the prospective Planning Board candidates were informed that there would be two appointments after the first of the year. A current vacancy and Greg Hoffmire ' s term was expiring and he understood he would not be re-appointed . When the Board met on the 30th you re-appointed Mr. Hoffmire prior to his term not being expired . Mr. Austic stated that he was re-appointed for his term to begin January 1s`, 1998 . Mr. Hillman said than it was effective for the first . But that go against what was discussed at the earlier meeting. Mr. Austic stated that the Board was asked by the Planning Board to re-appoint . Mr. Hillman asked if the Town Attorney felt that this appointment was okay. Mr. Austic stated yes. Hearing no further discussion on the minutes. Unanimously approved . APPROVAL OF CLAIMS Mr. Austic introduced 1997 claims #422 - # 456 for $59,340. 09 and an additional claim from Paul Briggs in the amount of $3756 . 94 for a total of $63 ,097 . 03 . Mr. Penniman moved seconded by Mrs. Duddleston to approve these previously examined claims. Unanimously approved . Mr. Austic introduced 1998 claims # 1 - # 16 in the amount of $ 16321 . 48 . Mrs. Duddleston moved seconded by Mr. Hillman to approve these previously examined . Unanimously approved . Mr. Austic informed the Board that Blue Cross/Blue Shield has informed him of an increase of 12% . He also informed them that he will be looking at different companies due to the fact that the Cayuga Medical Center is no longer a participating member so therefore the coverage for the employees has dropped significantly . REPRESENTATIVE REPORTS County Board Representative; Peter Meskill reported that committee structures were done this year with some modifications and changes. He was re-appointed Chair of Public Safety, Vice Chair of Budget and added to a Capital Committee this year. Other Regular Town Board Meeting 3 01/13/98 than that much is quiet. They are looking at double bunking at the jail . That would increase the jail to 91 . TRUMANSBURG FIRE DEPARTMENT Representative absents. TOWN REPORTS Highway Superintendent; James Meeker reported that it has been a busy month plowing and salting. Working on equipment for summer projects. We had a couple of minor repairs to equipment during storm. Replace a wiper motor on one of the trucks, had to put universals on one of the salt spreaders. We are hauling stone for the stockpile. The new truck is still on the lot in Syracuse. Code Enforcement Officer: Alex Rachun reported that three permits were issued . There has been one ZBA hearing for an area variance and that was granted. I am in the process of reviewing three new housing starts. All stick built, all very expensive and all in the Ithaca School District . Mr. Rachun stated that he would not be here for the entire meeting but on the agenda the Board is to discuss the resuming of the meetings for the Comprehensive Plan Meetings. He would encourage the Board to expedite that and get that back on track so that we don 't loose all of the monmentum. Mr. Austic asked Mr. Rachun to review the fine situation for zoning violations. Town Clerk/Tax Collector: Marsha L. Georgia reported that the monthly reported was completed and turned over to the Supervisor with the monthly payment of $430. 85, total monthly fees were $613 . 50 . The annual report was completed and the Board audited the books. Mrs. Georgia thanked the highway crew for installing a row of shelves in the record room. Mrs. Northrup, Historian and her have been working on a write up for the Pennysaver on the history of Ulysses. Taxes have been coming in very steady. Committees and Board Members Councilman Penniman handed out booklets for "A Health Guide to Teen Services in Tompkins County". He reported that the Community Links would meet . On the agenda for that is coordinating inter-net sites in the community. That will take place in the Trumansburg High School Library. Supervisor' s Financial Report, Mr. Austic reviewed the report. No questions heard . OLD BUSINESS 1997 Budget Modifications as per Attachment Tabled until Saturday morning, January 17th at 9: 00 am. Mr. Austic also will have Mr. Vella come in for an interview for the Planning Board . Other: none heard . NEW BUSINESS Organization Agenda Supervisor Austic introduced the following resolutions : BE IT RESOLVED THAT: Regular monthly board meetings of the Ulysses Town Board will be held on the second Tuesday of each month at 7 : 30pm in the Ulysses Town Hall at CM Regular Town Board Meeting 4 01 / 13/98 10 Elm Street, Trumansburg, NY. Board review of monthly claims will begin at 7: 00pm prior to each scheduled regular Board Meeting. BE IT FURTHER RESOLVED THAT: The designated news media be advised of the foregoing schedule and that meeting notices be posted in accordance with the open meeting law, on the clerk ' s bulletin board . BE IT RESOLVED THAT : Mileage at a rate of 32 cents per mile shall be paid to Town Officials and employees conducting official business and driving their personal vehicles and that such mileage shall be reported on the appropriate forms provided . BE IT RESOLVED THAT: The Highway Superintendent is authorized to incur expenses not to exceed $3000 . 00 for repairs and maintenance of highway equipment without prior Board approval . BE IT RESOLVED THAT : The Building and Maintenance Chairman be authorized to incur expenses not to exceed $ 1000 . 00 for emergency repairs and maintenance following established procurement policy procedures. Mr. Hillman moved seconded by Mr. Penniman to approve the forgoing resolutions introduced by Supervisor Austic . Mr. Austic aye Mr. Hillman aye Mrs. Duddleston aye Mr. Penniman aye Adopted . Supervisor Austic introduced the resolution on bonding and the next five resolutions. BE IT RESOLVED THAT : The following bond undertaking for Town Officials is hereby approved as follows: A. Town Clerk/Tax Collector $250,000 B . Justices (2) 4,000 C . Court Clerical 4, 000 D . Code Enforcement Officer 1 , 000 E . Highway Superintendent 1 ,000 F . Town Supervisor 500,000 G. Deputy Supervisor 15,000 H. Deputy Town Clerk 15 ,000 BE IT RESOLVED THAT : In lieu of the report required by Town Law Section . 29( W), the Supervisor be and hereby is authorized to submit to the Town Clerk a copy of his annual report to the State Comptroller and that the Town Clerk shall cause a summary thereof to be published in accordance with the law. BE IT RESOLVED THAT : The Ithaca Journal and/or The Trumansburg Free Press shall be and are hereby designated as the official Town publications. BE IT RESOLVED THAT : The Tompkins County Trust Company is designated as depository in which the Supervisor, Town Clerk, Justices, and other employees by virtue of their offices, shall deposit all monies coming into their hands and, IS IT FURTHER RESOLVED : Town investment can be made at other banks as outlined in the Towns investment policy . BE IT RESOLVED THAT : The Town Board authorizes the Supervisor to pay in advance of audit of claims for utilities, postage and contractual agreements which if delayed may result in loss of discounts or the accrual of service charges. KJ Regular Town Board Meeting 5 01 /13/98 Mr. Penniman asked if there was a Town Investment Policy. Mr. Austic stated that there is one. Mrs . Georgia will copy this to Mr. Penniman and Mr. Hillman. Mr. Penniman moved seconded by Mrs. Duddleston the foregoing resolutions. Mr. Austic aye Mr. Hillman aye Mrs. Duddleston aye Mr. Penniman aye Adopted . Supervisor Austic made: THE FOLLOWING SUPERVISOR APPOINTMENTS FOR 1998 A. Town Historian Esther Northrup if Deputy Supervisor Carolyn Duddleston C . Liaison to Highway Dept . Bob Weatherby D . Building Maintenance Andy Hillman E. Liaison to Library Peter Penniman F. Liaison to Village BD . Doug Austic G. Liaison to Justice CT . Carolyn Duddleston Supervisor Austic read the following list of Board appointments: APPOINTMENTS MADE BY TIT BOARD FOR 1998 A. Code Enforcement Officer Alex Rachun B . Deputy Zoning Officer John Fahs C . Deputy Code Enforcement Contract Village D . Planning Board Chair Peter Demjanec E. Planning Board Vice Chair David Tyler * * F. Zoning Board Member & Chair George Tselakis G. Rep. Human Services Coal . Susan Madar H. Board of Assessment Review (2) Stover / Duddleston I . Election Custodians (2) Bob Bennett / Keith Northrup J. Cleaning Contract Laurie Maccheyne K. County Youth Bureau Rep. Ben Curtis L. Joint Youth Comm. Liaison Andy Hillman M. Rep. Cable Commission Ben Curtis N. Town Attorney Bruce D . Wilson 0. Public Access Rep. Ben Curtis P . EOC vacant Q. EMC Janet Hawks R. Planning Federation Rep . (should come from PB) S . INTERMUNICIPAL Rec. Rep. Carolyn Duddleston T . Master Plan Liaison Doug Austic U. Reps. To Joint Youth Comm. Debra Austic/Vonderweidt V. Planning Board Member (vacant) W. Ithaca/Tompkins Transportation Council Planning Comm . Andy Hillman * * X. Ithaca/TompkinsTransportation Council Policy Comm. Doug Austic* * Y. Waterfront Development Planning Alex Rachun Z . Waterfront Development Policy Doug Austic AA. T. C. Emergency / Disaster Comm. Fire Dept. Rep. BB . Comm. Links Rep . Peter Penniman CC . CAD Rep./Town of Ulysses Peter Penniman DD . Speak Up Rep. Rotate Board Member EE. Trumansburg Fair Board Liaison Robert Weatherby FE Grass Roots Liaison Bob Weatherby Regular Town Board Meeting 6 (11 / 13/98 * *Mr. Hillman stated that he felt that there was way to much executive sessions held under David Tyler ' s chairmanship . He is not in favor of David Tyler as Vice Chair. General consensus of the Board is to remove this appointment of David Tyler as Vice Chairman of the Planning Board . * *Mr. Hillman stated that he felt that Mr. Reitz has done a good job and has been very diligently performing the duties and has not missed any meetings. Mr. Hillman would like to see that Mr. Reitz continues as the Representative to Ithaca / Tompkins Transportation Council Policy Committee. The Board agreed to leave Mr. Reitz . Further agreed to have Mr. Hillman appointed to the Ithaca / Tompkins Transportation Council Policy Committee in place of Mr. Austic. Mr. Penniman moved seconded by Mr. Hillman the foregoing list with the changes. Mr . Penniman stated that he felt that it would be handy if the attorney attended most of the Boards meetings for at least a half-hour. That way he would be here when issues come up . Mr. Penniman stated that he gets legal information from the public that appears to conflict . Mrs . Duddleston asked if we had money budgeted for that? Mr. Austic stated that if something is coming up we can ask him to be here but does not think that generally we need him at every board meeting. Mr. Penniman says that it may be true but is hard to predict . Mr. Penniman thinks maybe if there is a question, to submit them to him in advance of the meeting. Mr. Penniman and Mr. Hillman felt there was some mis- guidance by the attorney when crafting the tower ordinance. The appointment for Town Attorney was withdrawn from the list and list amended as follows: Planning Board Vice Chair David Tyler (removed) Ithaca/Tompkins Trans . Council Planning Thomas Reitz (changed) Ithaca/Tompkins Trans. Council Policy Andy Hillman (changed) Town Attorney Bruce Wilson (removed) Mr. Penniman excepted amendment . Mr. Austic aye Mr. Hillman aye Mrs. Duddleston aye Mr. Penniman aye Adopted. Supervisor Austic moved to appoint Bruce Wilson as the Attorney for the TOWN OF ULYSSES, seconded by Mrs. Duddleston. Mr. Austic aye Mr . Hillman nay Mrs. Duddleston aye Mr. Penniman nay Defeated . Mr. Austic stated that we do need an attorney . Mr. Penniman stated that he is willing to support with a stipulation I have a problem that the attorney did not explain things . I would like to sit down with. him. Mr . Austic offered a friendly amendment that Mr. Wilson remains the Town Attorney until replaced . Moved by Mr. Penniman seconded by Mrs. Duddleston. Mr. Penniman also feels that the advice that was received on the Planning Board appointment may not be correct. Mr. Penniman feels that he is competent but that the Regular Town Board Meeting 7 g 01/13/98 Board may not be using him as much as we should . A long discussion took place on the reappointment of Planning Board Member Hoffmire. The Board decided to have Mr. Wilson come in on Saturday to discuss these matters and clear up the concerns . Vote for the amended resolution to keep Mr. Wilson on as Attorney until a new appointment is made . Mr. Austic aye Mr. Hillman nay Mrs. Duddleston aye Mr. Penniman aye Adopted . Supervisor Austic introduced the following resolutions: BE IT RESOLVED THAT : The Following is the Schedule of salaries and wages for 1998 : ELECTED OFFICIALS : Town Supervisor/Bookkeeper $ 13 ,486. 00/yr. Town Board Members (4) 2, 711 . 00/yr. Justices (2) 10,400. 00/yr. Town Clerk/Tax Collector 30,277. 00/yr. Highway Superintendent 37, 718. 00/yr. APPOINTED OFFICIALS AND EMPLOYEES Deputy Town Clerk $8 . 00/hr Deputy Supervisor negotiated as needed Zoning Officer 11 ,396. 00/yr. Deputy Zoning Officer $ 10 . 18/hr Building Inspector 12, 599. 00/yr. Justice Clerical 10 . 00/hr Planning Zoning clerk 10 . 71 /hr Deputy Highway Superintendent 13 . 91 /hr Highway Employees 13 . 41 /hr BE IT RESOLVED THAT: All employees shall turn in a time card by the end of the last day of the pay period, salaried employees shall do the same stating time used for vacation, sick time, holiday or other time off to maintain accurate records of benefit time used . No pay will be issued without the presence of a time card . BE IT RESOLVED THAT : The Town Board consisting of the Supervisor and four Board Members shall act as a single unit and that no individual member shall act independently on any issues relating to Town business. This is not intended to interfere with individual Board Members serving on committees established by the Town Board, or with the actions of the Supervisor in the context of his duties as provided by law. Mr. Hillman asked where this last resolution came from. Mr. Austic stated that it came from year' s back and we are just renewing it . Mr. Hillman asked what the intend is. Mr. Austic stated that the intend is so that independent Board members act as a whole Board and not independently on there own or make statements as one that is not the whole intention of the board. Mr. Hillman feels that this is not a legal resolution. Mr. Austic stated that the Town Board is responsibly for the finances (the budget of the Town) and it is not appropriate for someone to go out and do things that may cause expense to the Town without at least discussing with the Town Board . Mr. Penniman stated this could cause confusion with individuals. Mr. Penniman agrees with the intent of this resolution but does not feel that it is appropriate. He does not although know how to change the wording. He went on to say it is an important thing to communicate the idea because it is really a request for cooperation. When another agency hears from a Board Member independently they may feel that it is a Board opinion. Mr. Austic does feel strongly that Regular Town Board Meeting 8 8 01/ 13/98 if our attorney relates to the Board or Boards not to discuss a matter they certainly should not discuss it outside of executive session because of a possible lawsuit . Mr. Austic amended his introduction to the resolutions and withdrew the last and added in the following: RESOLVED that if anyone wishes to be on the agenda for the Regular Monthly Town Board Meeting they should notify the Supervisor at least one week in advance to make arrangements for time. FURTHER RESOLVE that if anyone wishes to attend the meeting and that may need a signer or other special need for the handicapped please so advise at least one week in advance. Mrs. Duddleston moved the amended resolution seconded by Mr. Hillman . Mr. Austic aye Mr. Hillman aye Mrs. Duddleston aye Mr. Penniman aye Adopted . Mr. Penniman suggests that maybe there should be an Ethics Committee, maybe a three- member board . Mr. Austic stated that we do have an Ethics Policy . Mr. Penniman says that it would be good to have one in place instead of waiting until one is needed . You would have to have either three or five . Peter will look into . Tower Ordinance and Changes Considered Discussion Mr. Austic feels that if we are going to re-look at the Tower Ordinance to determine how it is, what it is, and what it does or does not do before the next round of applications we should be getting at that pretty shortly. He thinks the big thing is ad in the cost of reasonable consulting and charge that to the applicant. Mr. Austic has told the Planning Board to think about it, within the next week or so. He has told Attorney Wilson to think about it and now has told the Board to think about it . Now we have to set a date to get all of the thoughts together. Also the adult entertainment has to be worked on . The Board set a meeting for January 27th, Tuesday at 7 : 00 PM.. Mr. Austic will call and set the meeting. If everyone got their thoughts in to the office by the 22"d they could be copied and sent to everyone. Mr. Hillman needs a key. Mr. Penniman will make a couple of keys. Resume Schedule for Comprehensive Plan Meetings No meeting was set . Mr. Austic will try and get a hold of all the people and determine what is best for them . Other Mr. Penniman requested to attend the Association of Towns Meeting in NYC . He recommended that it is a good training especially for new board members . Mr. Hillman moved seconded by Mrs. Duddleston to appoint Peter Penniman as the voting delegate at the Association of Towns Annual Meeting. Mr. Austic aye Mr. Hillman aye Mrs. Duddleston aye Mr. Penniman aye Adopted . Regular Town Board Meeting 9 01/ 13/98 The other item that Mr. Austic would like to talk about is the house on the corner of Halseyville Road and Cold Springs Road that got wiped out when a truck went through it . Someone has requested that we may somehow determine how we could arrange for some kind of permit for an elder style cottage or a mobile home so that the house can be removed . The County Highway Department along with the Town Highway Department has had a problem with this house on this corner for many years. Mr. Meeker feels that this situation would somehow warrant a hardship variance where maybe something smaller could be put on the small lot . Mr. Meeker said that he and the County have gotten together and talked about demolishing the old place (if that was her desire) in the interest of public safety. HEARING OF INDIVIDUALS OR GROUPS Don Sola commented on some written material he had received from Mr. Rachun and questioned the sequence of the events and the information given out. The pre-resolution that was from Attorney Wilson for the ZBA was questioned . Mr. Reitz asked the Board if they are familiar with the new Assembly Bill #8567 on the Cellular Towers? Mr. Austic stated that they are. Mr. Reitz requested that the Board read it over and maybe in the near future support it and take action on it as a Board as a whole. ADJOURNMENT Hearing no further business Mr. Penniman moved seconded by Mrs. Duddleston to adjourn the meeting. Hearing no objection the meeting was adjourned at 10 : 10 pm. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG: mg