HomeMy WebLinkAbout2020-07-28-TB-FINAL-minutesTOWN BOARD MEETING
Town of Ulysses
July 28, 2020
Audio of the minutes are available on the website at ulysses.ny.us.
The meeting was held via videoconference on the Zoom platform.
Notice of Town Board meetings are posted on the Town’s website and Clerk’s board.
ROLL CALL:
The Town clerk called the roll:
TOWN OFFICIALS PRESENT:
Supervisor- Nancy Zahler
Board members- Richard Goldman, Michael Boggs, Katelin Olson, Marc Devokaitis
Town Clerk- Carissa Parlato
Second Deputy Supervisor- Michelle Wright
OTHERS PRESENT:
Roxanne Marino, Mary Bouchard
APPROVAL OF MEETING AGENDA
RESOLUTION 2020-149: APPROVAL OF MEETING AGENDA
BE IT RESOLVED that the Ulysses Town Board approve the agenda for July 28, 2020 with the
addition of scheduling new meetings (6d.); the deletion of the executive session.
Moved: Mr. Boggs Seconded: Ms. Olson
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 7/28/2020
PRIVILEGE OF THE FLOOR:
Ms. Marino requested that the board move up the HVAC update so that she can report on it before
leaving.
BRIEF REPORTS & CORRESPONDENCE:
Mr. Boggs shared that he has assisted Ms. Olson with fire district cost discussion; been a part of the
new water district aerator project, and worked on updating the lighting in town hall.
Ms. Olson has been spending time on fire district research. She will give report later in meeting.
Mr. Devokaitis attended a webinar on enacting water policies, and researched wind ordinances and
tree policies.
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Mr. Goldman attended the Planning Board meeting last week.
Ms. Wright noted that today the construction contract was signed for Water District 3’s aerator. This
means that the clock starts ticking for project completion.
Ms. Zahler sent a report and highlighted plans for a Tennis Clinic organized by Rec. Dir. Will Glennon
and reported that Code Enforcement Officer Mark Washburn has completed 2 of the courses
required for certification.
OLD BUSINESS:
HVAC PROJECT UPDATE & LED LIGHTING
Ms. Marino shared that the LED lighting upgrade was a sustainability benchmark that needed to be
met for the NYSERDA grant. Mr. Boggs has found a way to do the update that is much cheaper than
what had been quoted.
BUDGET UPDATES
Review sales tax updates
Ms. Wright noted that sales tax has been coming in about 30% under budget. She has made
projections for the rest of the year based on this. She shared her spreadsheet of projections and the
group discussed.
Next steps in budget planning 2020 & 2021
Discussion of projections of various revenues and new budget planning tactics was had.
REPORT ON PROPOSED COST-SHARING FOR FIRE PROTECTION
Ms. Olson noted that village officials have been working on new models for cost sharing using varying
levels of fixed costs/call volume/assessment and factoring agricultural exemptions.
Mr. Devokaitis was excused at 8:27pm.
COVID-19 TOWN HALL RE-OPENING PLAN
RESOLUTION 2020-150: ESTABLISHING TEMPORARY TOWN HALL HOURS OF OPERATION
WHEREAS the COVID-19 pandemic emergency has created a situation in which the Town
offices have had changing hours of operations and have not been open to the public since the
beginning of the state-wide quarantine in March of this year, and
WHEREAS residents are encouraged to directly contact the office from which they are seeking
services and Town staff have been accommodating specific scheduling needs and
WHEREAS, the Ulysses Town Board wants to be as accessible as possible to the public while
protecting the safety of our employees and residents seeking service, and
WHEREAS, the construction project that has been underway since May 2020 is about to
conclude,
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NOW THEREFORE BE IT
RESOLVED that the Town Hall shall be open to the public for Town-related business and
services starting Monday, August 3rd, 2020 from 10am - 2pm Monday through Friday.
Appointments are strongly encouraged. Specific departments will be open as follows:
• The Town Clerk and Town Court will be available Monday through Friday
• The part-time Building Inspector/Code Enforcement Officer will be available Monday,
Wednesday and Friday
• The Planning/Zoning Office will be available Tuesday and Thursday and be it further
RESOLVED, that the current health protocols designed to protect employees and Town Hall
visitors will be continued:
• health screening questions for employees and visitors,
• required use of facial coverings for employees and visitors,
• plexiglass screens at service windows,
• use of hand sanitizer and disinfection of frequently used surfaces and
• required use of contact tracing sign in log at both entrances and further
RESOLVED, that the Town Clerk will post these hours and protocols on the website, Town Hall
entrances, and the e-newsletter the hours of operation including specific offices.
Moved: Ms. Zahler Seconded: Mr. Boggs
DISCUSSION:
The board discussed whether employees should be tested regularly. The Town Board will not
require it; however, employees who wish to do so and have insurance to cover are
encouraged to consider regular testing.
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis absent
Vote: 4-0
Date Adopted: 7/28/2020
ADOPTION OF ACTION STEPS TO PROMOTE RACIAL JUSTICE
The board discussed the draft letter to law enforcement and shared their opinions and feelings on the
topic.
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Ms. Zahler moved to take this resolution off the table (tabled 7/14/20). This was seconded by Ms.
Olson. (But not voted on at this time to enable Mr Devokaitis to participate).
RESOLUTION 2020-145: ADOPTION OF ACTION STEPS TO PROMOTE RACIAL JUSTICE
WHEREAS, the Town Board adopted a Statement on Racial Justice, Violence and the Role of
Local Government on June 9, 2020 to respond to the injustices highlighted by the death of
George Floyd and
WHEREAS, the June 9th statement included several commitments to take action in support of
racial justice,
Now Therefore Be It
RESOLVED, that the Ulysses Town Board begins to honor its commitment to action by taking
the proposed next steps:
The Supervisor will send the June 9, 2020 Statement with a letter on behalf of the Town Board
to each of the local law enforcement agencies responsible for serving and protecting the
residents of the Town of Ulysses appreciating their efforts and urging them to enact and
practice key policing reforms to be more just and equitable. Copies will also be sent to those
responsible for funding and oversight of the Village, County and State law enforcement
agencies.
Town staff and Board, with help from the local community and County, will identify and
provide educational resources to enable our staff and Town Board members to learn more
about our own unconscious biases and institutional racism. The training will provide a more
critical lens through which to view our policies, practices and behaviors to assure that the
Town of Ulysses is acting in anti-racist and inclusive ways that promote justice and equity.
Engage Board, staff, and community members in a systematic review of Town policies and
practices to identify any racist or exclusionary policies and/or practices and to seek
recommendations for ways the Town can become more just, equitable, and inclusive.
NEW BUSINESS:
Mr. Devokaitis returned at this time (9:07pm).
ADOPTION OF TOWN OF ULYSSES POLICY ON FUND BALANCE & RESERVE FUNDS
The board discussed why this needs to be done. Upon advice of the Comptroller’s office and the
Town Attorney, having a policy on establishing reserve funds is step one in creating and updating
policies to conform with current accounting standards and requirements. Attorney Sokoni had
provided board members with a background memo on this topic.
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RESOLUTION 2020-151: ADOPTION OF TOWN OF ULYSSES POLICY ON FUND BALANCE AND RESERVE
FUNDS
WHEREAS, the State of New York and the Governmental Accounting Standards Board has
established by Statement No. 54, Fund Balance Reporting and Governmental Fund Type
Definitions for fund balance reporting; and
WHEREAS, reserve funds, essentially a legally authorized savings account for particular specific
purposes, are an important component in the Towns financial planning for specific expenses,
future projects, acquisitions and other lawful purposes, and
WHEREAS, the Town may establish and maintain fund balances in accordance with New York
State laws, and the Town will also consider rules and/or opinions issued by the New York State
Comptroller when they are not in conflict with law; and
WHEREAS, the Town Supervisor and Budget Officer have the authority to reclassify the
existing Fund Balance Reserve accounts and establish new financial account numbers to
conform with the new Town Reserve Fund Policy; and
WHEREAS, the Town Reserve Fund Policy shall read as follows:
In accordance with GASB Statement No. 54 the Town reserve funds must be properly
established and maintained to promote the goals of creating an open, transparent and
accountable use of public funds. The Town may engage independent experts and
professionals, including but not limited to, auditors, accountants and other financial
and legal counsel, as necessary to monitor all reserve fund activity and prepare reports
that the Town Board may require.
Government Fund Type Assignment (GASB-54)
The Town shall comply with the reporting requirements of Article 3 of General
Municipal Law of the State of New York and the Governmental Accounting Standards
Board (GASB) Statement Number 54, Fund Balance Reporting and Governmental Fund
Types Definitions. The Board authorizes the Town Supervisor to complete the
following actions as necessary to comply with the requirements of GASB Statement
No. 54:
A. Restricted Fund Balances- Restricted fund balances consist of amounts that are
subject to externally enforceable legal purpose restrictions imposed by creditors,
grantors, contributors or laws and regulations of other governments; or through
constitutional provisions or enabling legislation. This category of fund balance refers
to all reserves in the any fund.
B. Committed Fund Balances-Committed fund balances consist of amounts that are
subject to a purpose constraint imposed by formal action of the Town Board. This
category refers to informal reserves in the A fund.
C. Assigned Fund Balances-Assigned fund balances consist of amounts that are subject
to a purpose constraint that represent an intended use established by the Town Board
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or Town Supervisor. The Town Board authorizes the Town Supervisor to make a
determination of the assigned amounts of fund balance. Assigned funds represent
amounts intended to be used for a specific purpose. Assigned fund balances require
same level of authority to remove the constraint. This category includes what is called
“appropriated fund balance” in the A fund in the budget document, “appropriated
fund balance”. Outside of the A Fund (i.e. B, DA, DB, and the Water District Funds, the
category ‘Assigned Fund Balance” refers to unappropriated fund balance within the
fund, aka “Assigned Unappropriated Fund Balance.” “Assigned Appropriated Fund
Balance” is appropriated fund balance in any fund outside of the A Fund.
D. Unassigned Fund Balances – Any amounts that are available for any purpose. This
category refers to unappropriated fund balance in the A Fund.
Funding Policy for Restricted or Committed and Assigned Fund Balances
The formal actions and amounts deemed necessary by the Town Board that restrict,
commit or assign fund balances to a specific purpose may occur prior to the end of the
reporting period, however, may be determined in the subsequent period.
Spending Policy for Fund Balances
The Town Board and Budget Officer will assess the current financial condition of the
Town and then determine the order of application of expenditures to which fund
balance classification will be charged.
Periodic Review and Annual Report
The Town Board and management will periodically review all restricted, committed
and assigned fund balances. The Board shall utilize the information to discuss reserve
fund balances and to adequately maintain necessary funds for the Towns long-term
financial planning. The Board will be mindful of its role and responsibility as a fiduciary
of public funds when acting on reserve fund issues.
NOW, THEREFORE BE IT RESOLVED by the Town Board of the Town of Ulysses, Tompkins
County, New York, That the Town Board of the Town Ulysses adopts the Fund Balance and
Reserve Fund Policy, and be it
FURTHER RESOLVED, that, by the adoption of this resolution, the Town Board of the Town of
Ulysses does adopt the Town of Ulysses Reserve Fund Policy in accordance with GASB-54 and
that such reserve fund policy shall remain in full force and effect and shall be followed with
respect to all reserve funds maintained by the Town of Ulysses.
Moved: Ms. Zahler Seconded: Mr. Goldman
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs nay
Mr. Goldman aye
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Mr. Devokaitis abstain
Vote: 3-1
Date Adopted: 7/28/2020
RE-ESTABLISHMENT OF DA233/DA878 HIGHWAY EQUIPMENT RESERVE FUND
RESOLUTION 2020-152: RE-ESTABLISHING THE “DA233/DA878 HIGHWAY EQUIPMENT
RESERVE FUND” OF THE TOWN OF ULYSSES AS A TYPE CAPITAL RESERVE FUND FOR
HIGHWAY EQUIPMENT UNDER SECTION 6-c OF THE GENERAL MUNICIPAL LAW
WHEREAS, the Town of Ulysses (“Town”) has various “reserve funds” for which it has not been
able to locate resolutions establishing those reserve funds, and
WHEREAS, out of an abundance of caution, the Town Board deems it prudent to re-establish
any such reserve funds that may have previously been established to ensure clarity including
clearly identifying the (1) category of reserve fund (i.e. whether it is a “type reserve fund” or
“specific reserve fund”) and (2) purpose for which money may be expended from such reserve
fund, and
WHEREAS, the historic intent and purpose of these reserve funds is understood and will be
preserved during the re-establishment process, and
WHEREAS, there is no requirement to state an estimated maximum cost of the equipment or
improvement in the resolution establishing a Type Capital Reserve Fund, and
WHEREAS, the Town has funds in the sum of $204,452 already set aside for equipment for the
Highway Department, which funds are denoted as “DA233/DA878 Equipment Reserve”, now
therefore be it
RESOLVED by the Town Board of the Town of Ulysses, duly convened in regular session as
follows:
1. That there be and hereby is re-established a capital reserve fund in the amount of
$204,452 to cover the cost of future highway equipment.
2. Such capital reserve fund is to be known as the “DA233/DA878 Highway Equipment
Reserve Fund.”
3. That out of the surplus moneys of the Town now on hand for the year 2020 and not
otherwise appropriated, the sum of $204,452, be and the same hereby is appropriated for the
“DA233/DA878 Highway Equipment Reserve Fund” and the Town Supervisor of the Town of
Ulysses is hereby authorized, empowered and directed to transfer from surplus funds of the
Town the sum of $204,452 to the DA233/DA878 Highway Equipment Reserve Fund.
4. Such additional sums as may hereafter be appropriated shall become part of the
DA233/DA878 Highway Equipment Reserve Fund.
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5. The Town Supervisor, in her/his discretion, may invest the moneys in the fund in the
manner provided in section 6-f of the General Municipal Law of the State of New York. Any
interest earned or capital gains realized on the moneys so deposited or invested shall accrue
to and become a part of the reserve fund.
6. No expenditure shall be made from the reserve fund except by authorization of the
Town Board of the Town of Ulysses pursuant to the provisions of section 6-c of the General
Municipal Law of the State of New York.
7. By this Resolution the Town Board specifically supersedes any previous Resolution that
established a Highway Equipment Reserve Fund in the DA Fund.
8. This resolution shall take effect immediately.
Moved: Ms. Zahler Seconded: Mr. Goldman
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 7/28/2020
AUTHROIZING USE OF FUNDS FROM DA233/DA878 HIGHWAY EQUIPMENT RESERVE FUND SUBJECT
TO PERMISSIVE REFERENDUM
RESOLUTION 2020-153: AUTHORIZING USE OF FUNDS FROM THE TOWN OF ULYSSES
DA233/DA878 HIGHWAY EQUIPMENT RESERVE FUND TO PURCHASE HIGHWAY
MAINTENANCE AND CONSTRUCTION EQUIPMENT IN 2020
WHEREAS, the Town Board of the Town of Ulysses by resolution adopted on August 11, 2020
a resolution re-establishing the type capital reserve fund to cover the cost of future highway
equipment (“DA233/DA878 Highway Equipment Reserve Fund”); and
WHEREAS, the Town Board adopted the 2020 budget for the Town on October 8, 2019 which
includes the appropriation of $86,491 from the Capital Equipment Reserve Fund DA878 for
the purpose of purchasing highway equipment in 2020; and
WHEREAS, due to the COVID-19 pandemic emergency, the Town Board and Highway
Superintendent decided to purchase less equipment in the 2020 year and have determined
that $15,000 appropriated from the DA233/DA878 Highway Equipment Reserve Fund will help
to balance the budget during these unprecedented times; and
WHEREAS, the current balance of the DA233/DA878 Highway Equipment Reserve Fund is
$204,452; and
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WHEREAS, pursuant to General Municipal Law §6-c, an expenditure from a capital equipment
reserve fund requires authorization by the Town Board, and such authorization is subject to a
permssive referendum; and
WHEREAS, the Town needs to purchase the following highway equipment:
2020 Ford F-350 XL Crew Cab in the amount of $40,943.80;
WHEREAS, the purchase of the above-referenced equipment falls within the purposes for
which the DA233/DA878 Highway Equipment Reserve Fund was established;
NOW, THEREFORE, BE IT
RESOLVED that the Town Board authorizes the following expenditures from the Town of
Ulysses DA233/DA878 Highway Equipment Reserve Fund for the purchase of highway
equipment: $15,000 for the 2020 Ford F-350 XL Crew Cab; and be it further
RESOLVED that, pursuant to General Municipal Law §6-c, this resolution is subject to a
permissive referendum; and be it further
RESOLVED that the Town Clerk will post and publish the following notice of the permissive
referendum in accordance to law and provide a copy of such notice to the Town Supervisor:
NOTICE IS HEREBY GIVEN that at a regular meeting held on the 11th day of August,
2020, the Town Board of the Town of Ulysses, New York duly adopted Resolution
#153 of 2020, an abstract of which follows below, which is subject to a permissive
referendum pursuant to General Municipal Law section 6-c.
The resolution authorizes the Town of Ulysses (“the Town”) to use up to $15,000 from
the Town of Ulysses DA233/DA878 Highway Equipment Reserve Fund.
The resolution shall take effect 30 days after adoption, i.e., on September 11, 2020,
unless by such date there is filed in the office of the town clerk a petition, signed,
and acknowledged or proved, or authenticated by electors of the town qualified to
vote upon a proposition to raise and expend money, in number equal to at least
five percent of the total vote cast for governor in the Town at the last general
election held for the election of state officers, but not be less than 100 in a town of
the first class, protesting against the resolution and requesting that it be submitted
to the qualified electors of the town, for their approval or disapproval.
Moved: Ms. Zahler Seconded: Mr. Goldman
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
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Vote: 5-0
Date Adopted: 7/28/2020
DISCUSSION OF ADDITIONAL MEETINGS:
The board agreed to hold a special meeting on Aug. 13 at 8am to discuss the budget.
The board further discussed the Aug. 11 public hearing location with regards to COVID-19 guidelines.
The Public Hearing notice directs members of the public to the website since the Executive Order
requiring remote meetings is about to expire and it is uncertain whether it will be renewed.
ADOPTION OF ACTION STEPS TO PROMOTE RACIAL JUSTICE-CONTINUED
The board discussed the draft letter to law enforcement and shared their opinions and feelings on the
topic.
Ms. Zahler moved to take this resolution off the table from 7/14/20. This was seconded by Ms. Olson.
Vote:
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs abstain
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 4-0
RESOLUTION 2020-145: ADOPTION OF ACTION STEPS TO PROMOTE RACIAL JUSTICE
WHEREAS, the Town Board adopted a Statement on Racial Justice, Violence and the Role of
Local Government on June 9, 2020 to respond to the injustices highlighted by the death of
George Floyd and
WHEREAS, the June 9th statement included several commitments to take action in support of
racial justice,
Now Therefore Be It
RESOLVED, that the Ulysses Town Board begins to honor its commitment to action by taking
the proposed next steps:
The Supervisor will send the June 9, 2020 Statement with a letter on behalf of the Town Board
to each of the local law enforcement agencies responsible for serving and protecting the
residents of the Town of Ulysses appreciating their efforts and urging them to enact and
practice key policing reforms to be more just and equitable. Copies will also be sent to those
responsible for funding and oversight of the Village, County and State law enforcement
agencies.
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Town staff and Board, with help from the local community and County, will identify and
provide educational resources to enable our staff and Town Board members to learn more
about our own unconscious biases and institutional racism. The training will provide a more
critical lens through which to view our policies, practices and behaviors to assure that the
Town of Ulysses is acting in anti-racist and inclusive ways that promote justice and equity.
Engage Board, staff, and community members in a systematic review of Town policies and
practices to identify any racist or exclusionary policies and/or practices and to seek
recommendations for ways the Town can become more just, equitable, and inclusive.
Moved: Ms. Zahler Seconded: Ms. Olson
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 7/28/2020
PRIVILEGE OF THE FLOOR:
Ms. Marino commented on the fire cost-sharing models. She noted that in the Ag and Farmland
Protection Plan, exemptions from sharing costs for fire were encouraged as it is primarily vacant land.
She would like a clear explanation of the current models. Ms. Olson will seek more clarification about
how exempt properties were determined.
APPROVAL OF MINUTES:
RESOLUTION 2020-155: APPROVAL OF MINUTES
RESOLVED that the Ulysses Town Board approves the minutes from the Regular Town Board
meeting on 7/14/20 as amended.
Moved: Ms. Zahler Seconded: Mr. Boggs
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 7/28/20
RESOLUTION 2020-156: APPROVAL OF MINUTES
RESOLVED that the Ulysses Town Board approves the minutes from the Special Town Board
meeting on 7/21/20.
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Moved: Ms. Zahler Seconded: Ms. Olson
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 7/28/20
ADJOURN:
Mr. Goldman moved to adjourn the meeting at 10:12pm. This was seconded by Mr. Devokaitis and
passed unanimously.
Respectfully Submitted by Carissa Parlato,
8/4/2020