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TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
JANUARY 11 , 2000
PRESENT: Supervisor Doug Austic; Councilpeople Carolyn Duddleston, Andrew
Hillman and Sue Poelvoorde. Councilman Robert Weatherby absent. Town Clerk
Marsha Georgia ; Highway Superintendent James Meeker; Code Enforcement
Officer Alex Rachun .
Others Present : Thomas Reitz, Grace Wolf Free Press Reporter, Catherine
Stover, Richard George and son .
Supervisor Austic called the meeting to order at 7 : 30 PM and led those
assembled in the Pledge of Allegiance to the Flag of the United States of
American .
APPROVAL OF MINUTES : Regular Town Board Meeting 12 / 14/ 99
After reviewing the minutes and making moderate corrections Mrs. Duddleston
moved, seconded by Ms. Poelvoorde to approve the minutes of December 14th,
1999 of the Regular Town Board Meeting .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye v
Ms. Poelvoorde aye
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Adopted .
APPROVAL OF MONTHLY CLAIMS
Mr. Austic introduced a motion to approve 1999 claims #502 — 537 in the
amount of $32,594. 31 and 2000 claims # 1 — 15 in the amount of $ 16, 151 . 40,
moved by Mr. Hillman, seconded by Mrs. Duddleston and Ms. Poelvoorde.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Adopted .
REPORTS OF REPRESENTATIVES
Tompkins County Board of Representative Peter Penniman reported
later in the meeting .
Trumansburg Fire Department had no one attending .
TOWN REPORTS
Highway Superintendent James Meeker reported they had salted roads
when needed, but with the lack of snow for the month had time to work on their
building getting it ready for the installment of the new overhead door and the
walk door. The addition is framed up and closed in . The pouring of the concrete
floor will be delayed until spring .
Mr. Meeker thanked the Board for the gift certificates they gave for the holidays.
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Regular Town Board Meeting
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Mr. Meeker reported on the Lake Street Bridge project in the Village of
Trumansburg that the County is planning on staffing in the spring . The
estimated cost for the whole project is $425, 000 . The Town and Village are
jointly responsible for 20% of the related cost for the project. The Town is
responsible for the deck, rail and approaches. In this case Mr. Meeker feels, the
Village is responsible for the approaches, guardrails etc . , anything off the bridge .
The Town is only responsible for the deck. The design has not been received
from the architect, so therefore Mr. Meeker does not know what kind of deck it
will be to better get a more accurate price. He also still has to get together with
the Village to see how they want to break the 20% expense up .
Code Enforcement Officer Alex Rachun reported that four (4) permits were
issued for the month of December, two ( 2) new single family and two ( 2)
additions.
Mr. Rachun met this week with a representative from DEC Flood Control Officer.
The Town of Ulysses is not considered a high priority for floods, although we do
have the lake property. Most of the lake property is up on the bluff. The
problem is that the Town does not have a base elevation map where high
priority areas do have them . All the Town has is a plan map and the scale is 1
inch to 1 , 500 feet making it very difficult to enforce. Mr. Rachun does request
that any building at the lake be 2 feet above flood level of 386 feet. The Dec
Officer had no problems with the Town 's enforcement.
Mr. Rachun reported NYS Building code is to be replaced by an International
Code. New York State is planning to adopt this code and give up the present
code . New training will have to be undertaken . Mr. Rachun has not seen a copy
of this code and does not know if it will be more restrictive than what he uses
now. It is to be implemented by January 2002 .
Town Clerk Marsha L. Georgia reported that for the month of December a
total of $551 was collected for the month of December and of that $335 . 80 was
turned over to the Supervisor along with her monthly report. The yearly total for
fees was $23,837 . 05 .
The collection of taxes is a little ahead of last year at this time and she
anticipates paying the Town Taxes to the Supervisor next week.
Board Members and Committees
No reports.
Supervisor Austic reviewed the financial report and stated that after the
vouchers of tonight's meeting are posted he would be able to close the 1999
books and report to the Board of the modifications to be done to the 1999
Budget. These modifications can be discussed at the Audit Meeting fourth
coming .
NEW BUSINESS
Local Law # 1 Dog Control
Mr. Austic introduced an amendment in the 1979 Dog Control Law that was
requested by Justice Rector as follows :
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Regular Town Board Meeting
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SECTION 9 . PENALTIES
A violation of this law shall constitute a violation as defined in the
Penal Law of the State of New York, and shall be punishable by a
penalty of not less than $ 25 and not more than $ 250 for the first
violation, not less than $50 and not more than $ 250 for the second
ii
III violation, and not less than $ 75 and not more than $ 250 for the third
and all subsequent violations, or by imprisonment for a term not to
exceed five days for each violation . These penalties shall be in addition
to any other penalty provided by law.
SECTION 9. PENALTIES (AS IT READS CURRENTLY)
A violation of this law shall constitute a violation as defined in the Penal Law of
the State of New York, and shall be punishable by a penalty of not more than
$25 for the first violation, not more than $50 for the second violation, and not
more than $75 for the third and all subsequent violations, or by imprisonment for
a term not to exceed five days for each violation . These penalties shall be in
addition to any other penalty provided by law .
This has been sent to Bruce Wilson , Town Attorney for his opinion , which we will
receive before the February meeting and can be acted on at that time .
NEW BUSINESS
Permissive Referendum — Town Barn Addition
Mr. Austic introduced a resolution subject to permissive referendum for
withdrawal of monies from the Town of Ulysses General Capital Reserve Fund for
the purpose of an addition and alteration to the Town Barn at 3888 Colegrove
Road, Trumansburg, NY not to exceed $35, 000 . Mrs. Duddleston moved,
seconded by Mr. Hillman to adopt said resolution .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Adopted .
The Clerk will post and advertise resolution .
Water Study — Income Survey — Update Responses
Mr. Austic is in receipt of a fax from Christian Nill that advises that over 50% of
the surveys are in and the income average per household is still to high . Mr.
Austic spoke with President Peg Coogan of the Jacksonville Association in regards
II to doing house-to-house survey completions. Mr. Nill stated that he felt it most
likely would be a waste of time but he would help if they desired to do so . Ms.
Coogan will get in touch with Mr. Austic.
Association of Towns Annual Meeting — Resolutions & Delegate
The resolutions that will be voted on by the Association were previously
distributed to the Board and their vote is as follows :
• Resolution No . 1 : Chips Highway Funding yes
• Resolution No. 2 : Returned Check Charges yes
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Regular Town Board Meeting
1 - 11 -2000
• Resolution No . 3 : Telecommunications yes
• Resolution No. 4 : Tort Reform yes
• Resolution No. 5 : Code Enforcement /Ad yes
• Resolution No . 6 : Smart Growth yes
• Resolution No . 7 : Property Tax Exemptions yes
• Resolution No. 8 : Wicks Law Reform yes
• Resolution No. 9 : User Fees for Emergency Ser. Yes
• Resolution No . 10 : State Revenue Sharing yes
Sue Poelvoorde was designated to represent the Town of Ulysses at the 2000
Annual Meeting of the Association of Towns on February 23rd, 2000 and vote on
resolutions as described above .
Representative to Tompkins County Board of Representatives Peter
Penniman
reported that the 8 percent state and local sales tax on purchases of clothing and
footwear, up to $500 per item , would be waived in Tompkins County the week of
January 15-21 , 2000 .
Permanent elimination of NYS's 4 percent sales tax on clothing and footwear
costing up to $ 110 per item is slated to start March 1 , 2000 . The Tompkins
County Board of Representatives voted in December 1998 not to join the state in
the permanent waiver and to continue to collect the local share of the tax.
Counties have the option of eliminating or retaining the local tax, and can
change their decisions on an annual basis. The decision to eliminate the tax is
reversible . According to the New York State Association of Counties, as of
December 10, 1999 12 counties plus New York City, had voted to eliminate the
local tax. Those counties are : Broome, Chautauqua, Chenango, Columbia,
Cortland , Delaware, Madison, Oswego, Rockland , Schuyler, and Suffolk.
The general consensus of the Town Board was to leave the local tax on for the
year 2000 and study the results after that.
ORGANIZATIONAL AGENDA
Supervisor Austic introduced the following resolutions :
BE IT RESOLVED Regular Monthly Board meetings of the Ulysses Town Board
will be held on the second Tuesday of each month at 7 : 30 PM in the Ulysses
Town Hall at 10 Elm Street, Trumansburg , NY. Board review of monthly claims
will begin at 7 : 00 PM prior to each scheduled Regular Board Meeting .
BE IT FURTHER RESOLVED the designated news media is advised of the
foregoing schedule and those meeting notices is posted in accordance with the
open meeting law, on the clerk's bulletin board .
BE IT RESOLVED mileage at a rate of 33 cents per mile shall be paid to Town
Officials arid employees conducting official business and driving their personal
vehicles and that such mileage shall be reported on the appropriate forms
provided .
BE IT RESOLVED the Highway Superintendent is authorized to incur expenses
not to exceed $3000 . 00 for repairs and maintenance of highway equipment
without prior Board approval .
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Regular Town Board Meeting
1 - 11 -2000
BE IT RESOLVED 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.
BE IT RESOLVED the following bond undertakings 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 in lieu of the report required by Town Law Section . 29( 10),
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 the Ithaca Journal and/or The Trumansburg Free Press shall
be and are hereby designated as the official Town publications.
BE IT RESOLVED 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,
FURTHER RESOLVED the Town investments can be made at other banks as
outlined in the Towns investment policy.
BE IT RESOLVED 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.
THE FOLLOWING ARE SUPERVISOR APPOINTMENTS FOR 2000
A. Town Historian Esther Northrup
B. Deputy Supervisor Carolyn Duddleston
C. Liaison to Highway Dept. Bob Weatherby
D. Building Maintenance Doug Austic
E . Liaison to Library Andrew Hillman
F. Liaison to Village BD . Doug Austic
G . Liaison to Justice CT Carolyn Duddleston
APPOINTMENTS MADE BY THE BOARD FOR 2000
A. Code Enforcement Officer Alex Rachun
B. Deputy Zoning Officer John Fahs
C. Deputy Code Enforcement Contract Village
D. Planning Board Chair George Kennedy
E. Bookkeeper Doug Austic
F. Zoning Board Member Ken Christianson
G . Zoning Board Chairman George Tselakis
H . Rep . Human Services Coal vacant
I . Board of Assessment Review (2) Stover / Duddleston
J . Election Custodians ( 2) Bennett / Northrup
K. Cleaning Contract Laurie Maccheyne
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Regular Town Board Meeting
1 - 11 -2000
L. County Youth Bureau Rep . Ben Curtis
M . Joint Youth Comm . Liaison Andy Hillman
N . Rep . Cable Commission Ben Curtis
0. Town Attorney Bruce D . Wilson
P . Public Access Rep . Ben Curtis
Q . EOC vacant
R. EMC Jean Foley
S . Planning Federation Rep . APPOINT PB MEMBER
T. Intermunicipal Recreation . Rep . Carolyn Duddleston
U . Reps. To Joint Youth Comm . Vonderweidt ( need 1 )
V. Planning Board Member Rose Hilbert
W . Ithaca/Tompkins Transportation
Council Planning Comm Sue A. Poelvoorde
X. Ithaca/Tompkins Transportation
Council Policy Comm . Doug Austic
Y. Waterfront Development Planning Alex Rachun
Z . Waterfront Development Policy Doug Austic
AA. TC Emergency / Disaster Comm Jack Fulton, Fire Chief
BB. TCAD Rep ./Town of Ulysses Peter Penniman
CC . Trumansburg Fair Board Liaison Robert Weatherby
BE IT RESOLVED the following is the schedule of salaries and wages for 2000 :
ELECTED OFFICIALS :
Town Supervisor $6240 yr
Town Council (4) 2904 (ea) yr
Town Clerk/Collector 34229 yr
Highway Superintendent 40404 yr
Town Justice (2) 11140 (ea ) yr
APPOINTED OFFICIALS AND EMPLOYEES
Deputy Town Clerk $ 10 . 00/ hr
Deputy Supervisor negotiated as needed
Bookkeeper 14327 yr
Zoning Officer 12208 yr
Justice Clerical 22732 yr
Planning Zoning Clerk 10 . 00 pH
Deputy Highway Superintendent 14. 86/pH
Highway Employees 14. 36/pH
BE IT RESOLVED 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 any individual wishing to be on the agenda, advise the
Supervisor of that intent at least one week prior to the scheduled meeting .
BE IT RESOLVED any individual having any special needs and wishing to attend
a meeting please advice the Town Clerk of the special requirements at least one
week prior to the meeting . (ADA)
Mr. Hillman moved , seconded by Ms. Poelvoorde to appoint Rose Hilbert as the
new Planning Board Member with a term of seven years expiring in 12/06 .
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Town of Ulysses 7
Regular Town Board Meeting
1 - 11 -2000
Mrs. Duddleston asked the Board if they shouldn't speak with Krys Call? She
has been on the Planning Board for eleven years and she has expressed the
desire to continue . Mrs. Duddleston stated that there are things that Kyrs has
done or is doing that people do not like, but Mrs. Duddleston feels the Board
could talk to her.
The Board discussed her unavailability.
Ms. Poelvoorde stated that the Board could postpone appointing until the 30th
of January. Mrs. Duddleston said the Board could talk to her the morning of the
audit.
Mr. Austic stated that there is a motion and second on the floor and asked if
Mr. Hillman wanted to withdraw his motion . Mr. Hillman did not.
Hearing no further discussion the vote was called .
Mr. Austic aye
Mrs. Duddleston nay
Mr. Hillman aye
Ms. Poelvoorde aye
Adopted .
Mr. Austic moved to nominate George Kennedy for the Chairman of the
Planning Board, seconded by Mr. Hillman .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Adopted .
Ms. Poelvoorde moved seconded by Mr. Hillman to approve the organization
resolutions as presented .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Adopted
Date for Board Audit
Supervisor Austic stated that a date had to be set for the annual audit of the
Departments by the Town Board . The Board decided that Saturday morning
January 15, 2000 at 10 : 00 AM would be a good time. The Department Heads
will be notified .
Representative Tompkins County Board of Representative Peter
Penniman reported that the 8 percent state and local sales tax on purchases of
clothing and footwear, up to $500 per item, would be waived in Tompkins
County the week of January 15-21 , 2000 .
Town of Ulysses 8
Regular Town Board Meeting
1 - 11 -2000
Permanent elimination of NYS's 4 percent sales tax on clothing and footwear
costing up to $ 110 per item is slated to start March 1 , 2000 . The Tompkins
county Board of Representatives voted in December 1998 not to join the state in
the permanent waiver and to continue to collect the local share of the tax .
Counties have the option of eliminating or retaining the (local tax, and can
change their decisions on an annual basis. The decision to eliminate the tax is
reversible. According to the New York State Association of Counties, as of
December 10, 12 counties plus New York City, had voted to eliminate the local
tax . Those counties are : Broome, Chautauqua, Chenango, Columbia, Cortland ,
Delaware, Madison, Oswego, Rockland, Schuyler, and Suffolk.
The general consensus of the Town Board was to leave the local tax on for the
year 2000 and study the results after that .
HEARING FROM GROUPS AND INDIVIDUALS
Mr. Reitz stated that he understood that DEC Oil Response Team was in
Jacksonville last Wednesday looking at the homes South of the gas station . He
asked if there is anyone from the Town is being made aware of what is
happening down there .
Mr. Austic replied that DEC was supposed to make the Town aware of things
happening .. If the Town was made aware of things than they could be on the
location .
Mr. Reitz asked if there had been any response to the request to the Attorney
General in re-opening the Mobil Oil case.
Mr. Austic did speak with Assemblyman Luster and he stated that the Attorney
General feels that Mobil is not responsible and it would be Blue Ox Corp . But '
nothing in writing has been received . Mr. Austic will get in touch with the
Attorney General's Office.
Mr. Reitz asked if the Town could form any kind of committee than to continue
investigating the progression of the possible oil contamination .
Ms. Poelvoorde stated that according to what was said before, even if it is a
new spill, the Town couldn 't do anything anyway (legal action) because we don't
own the property.
Mr. Reitz understands that the Town cann't do any legal action .
Mrs . Duddleston stated that we could keep people informed .
Mr. Austic stated that he would get in contact with DEC and the Health
Department and see what is going on .
Adjournment . ti
Hearing no further business Ms. Poelvoorde moved, seconded by Mrs. ! �
Duddleston to adjourn the meeting . Unanimously approved .
Meeting adjourned at 9 : 20 PM .
Respectfully submitted ,
Marsha L. Georgia
Ulysses Town Clerk
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