HomeMy WebLinkAbout2021-01-26-TB-FINAL-minutes1
TOWN BOARD MEETING
Town of Ulysses
January 26, 2021
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.
CALL TO ORDER:
Ms. Zahler called the meeting to order at 7:03pm.
ATTENDANCE:
The Town Clerk called the roll:
TOWN OFFICIALS PRESENT:
Supervisor- Nancy Zahler
Board members- Michael Boggs, Katelin Olson, Mary Bouchard, Rich Goldman
Town Clerk- Carissa Parlato
Conservation & Sustainability Committee (CSAC) Chair- Roxanne Marino
Planning Board Chair- Linda Liddle
Board of Zoning Appeals member- Andy Hillmann
Attorney for the Town- Peter Walsh (on stand-by)
OTHERS PRESENT:
(none)
APPROVAL OF AGENDA:
RESOLUTION #46 of 2021: APPROVAL OF MEETING AGENDA
BE IT RESOLVED that the Ulysses Town Board approve the agenda for January 26, 2021 with the
addition of a resolution for authorization to contract for planning services.
Moved: Ms. Zahler Seconded: Mr. Goldman
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Ms. Bouchard aye
Vote: 5-0
Date Adopted: 1/26/21
AMENDMENT:
BE IT RESOLVED that the Ulysses Town Board approve the agenda for January 26, 2021 with the
addition of a discussion of time cards for elected officials.
Moved: Mr. Boggs Seconded: Ms. Bouchard
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Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Ms. Bouchard aye
Vote: 5-0
Date Adopted: 1/26/21
PRIVILEGE OF THE FLOOR:
Ms. Marino requested public access to last minute agenda items. The added resolution was shared
electronically with the public during discussion.
BRIEF ANNOUNCEMENTS:
UPDATES ON CAPITAL PROJECTS
Ms. Wright reported on the following capital projects:
• HVAC (Heating, ventilation and cooling)- working with contractor and installer to get the
project done
• WIIA- (aerator installation for Water District 3) needs a few items to finish up, including guard
rail on top of tank
• Cemetery bridge- design costs came in at $76,000 over the original budget
• BridgeNY funding is available. The county offered to help apply for this for the Curry Road
bridge
Ms. Zahler:
• Mr. Zepko recouped our reimbursement for the NYSERDA Zoning grant
• CSAC has agreed to review new Clean Energy Community Grants with M. Bouchard and N.
Zahler
• Community Choice Aggregation options being discussed at TC Council of Governments. A
presentation is available from Cooperative Extension
• The Village of Trumansburg has completed a draft of their comprehensive plan update
OLD BUSINESS:
LOCAL LAW #1 OF 2021- ADOPTION OF DRAFT TREE LAW CREATING A TREE ADVISORY COMMITTEE
AND SCHEDULING OF A PUBLIC HEARING
Ms. Zahler, Mr. Hillmann and Ms. Marino shared information on this topic.
RESOLUTION #47 OF 2021: LOCAL LAW #1 OF 2021- ADOPTION OF DRAFT TREE LAW
CREATING A TREE ADVISORY COMMITTEE AND SCHEDULING OF A PUBLIC HEARING
WHEREAS, on January 12, 2021 the Town Board of the Town of Ulysses, upon
recommendation of the Conservation and Sustainability Advisory Committee (CSAC),
considered the adoption of a local law to create a Town Tree Advisory Council and provide for
its duties and procedures; and
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WHEREAS, the Town Board expressed support for the concept and referred the draft back to
the Conservation and Sustainability Advisory Committee (CSAC) representatives that proposed
the original draft, the Town Attorney and the Town Supervisor for further review and revisions
and
WHEREAS, Local Law #1 of 2021 Providing for the Creation and Functioning of a Tree Advisory
Committee presented herein is proposed as the modified draft acceptable to the CSAC, the
Town Attorney and Town Supervisor; and
WHEREAS, the Town Board of the Town of Ulysses has reviewed and discussed the proposed
draft of Local Law #1; and
WHEREAS, Municipal Home Rule Law §20(5) requires that a public hearing be held before a
local law is adopted by the Town Board, which public hearing must be held upon the
publication of at least ten days’ notice in the Town’s official newspaper; and
WHEREAS, due to the Corona Virus/COVID-19 pandemic, the Governor of the State of New
York has authorized municipalities to conduct certain public hearings and meetings by virtual
means in order to ensure the public health and safety,
NOW, THEREFORE, BE IT
RESOLVED, that the attached draft local law, the full text of which the Town Clerk is hereby
directed to reproduce in full in the minutes hereof,(see Appendix) is adopted as the draft
upon which a public hearing shall be held to consider whether or not to adopt the proposed
local law; and be it further
RESOLVED, that the Town Board hereby schedules a public hearing on said draft local law for
Feb. 9, 2021 at 7pm. Access details for the public hearing shall be posted on the Town of
Ulysses website at www.ulysses.ny.us at least twenty-four (24) hours prior to the date of the
hearing. The purpose of the public hearing is for all persons wishing to comment in favor of or
against the proposed local law to have an opportunity to provide their comments thereon;
and be it further
RESOLVED, that in addition to participation in the public hearing via Zoom or whatever means
the Town deems necessary, all members of the public wishing to submit written comments on
the proposed local law may do so in writing addressed to the Town Clerk at 10 Elm Street,
Trumansburg, NY 14886 or by email to clerk@ulysses.ny.us; and be it further
RESOLVED, that the Town Clerk is directed to publish notice of said hearing in the Ithaca
Journal as required by law and to advertise the public hearing on the Town’s bulletin board
and website and to mail notices to all persons and agencies entitled to notice, to file in the
office of the Town Clerk affidavits of publication, and the Town Board authorizes payment of
expenses associated with said publications and mailings.
Moved: Ms. Zahler Seconded: Ms. Olson
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Ms. Bouchard aye
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Vote: 5-0
Date Adopted: 1/26/21
Mr. Hillmann was excused at this time (7:45pm).
NEW BUSINESS:
AUTHORIZATION TO CONTRACT FOR PREPARATION OF 2020 ANNUAL UPDATE DOCUMENT (AUD)
RESOLUTION # 48 OF 2021: AUTHORIZING CONTRACT FOR ACCOUNTING SERVICES TO
PREPARE THE 2020 ANNUAL UPDATE DOCUMENT (AUD) TO THE NEW YORK STATE OFFICE
OF THE STATE COMPTROLLER
WHEREAS, a total of $6,200 was budgeted into the appropriation line A1320.4 Auditor CE in
the 2021 budget for a review of the 2020 financial records, and
WHEREAS, this will be the first financial year where the Town submits the AUD in compliance
with GASB Statement No. 84, Fiduciary Activities, and GASB Statement No. 42, Accounting and
Financial Reporting for Impairment of Capital Assets and for Insurance Recoveries, and
WHEREAS, the Cemetery Bridge Replacement Project (PIN 375659 / BIN 3210360) is set to
exceed the federal grant funding threshold of $750,000 within a financial year, therefore
requiring a single federal audit in 2022, and
WHEREAS, in preparation for a single federal audit, submission of the AUD will replace a
previously estimated cost of $6,200 for a review of the 2020 financial records, and
WHEREAS, the Town Supervisor has responsibility for preparing the AUD and authority to
contract for services under $4,000 after soliciting quotes for the proposed services in
accordance with the Town’s Procurement Policy and
WHEREAS, the Town has solicited quotes for services to submit the 2020 AUD in adherence to
the Town’s Procurement Policy; and
WHEREAS, the Town Board acknowledges the departure from past practice, but recognizes
the various levels of complication in reporting in the 2020 year due to compliance with GASB
84 and 42; as well as the aforementioned cost saving method;
NOW, THEREFORE BE IT
RESOLVED, that the Ulysses Town Board acknowledges the Supervisor’s intention to contract
for the preparation of the 2020 AUD in conformance with the Town's Procurement Policy at
an amount not to exceed $4,000 from 2021 funds available in the Auditor line A1320.4.
Moved: Ms. Zahler Seconded: Mr. Boggs
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Ms. Bouchard aye
Vote: 5-0
Date Adopted: 1/26/21
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CERTIFICATION OF TOWN BOARD AUDIT OF JUSTICE COURTS
RESOLUTION #49 OF 2021: ACKNOWLEDGEMENT OF TOWN BOARD AUDIT OF JUSTICE
COURTS
WHEREAS, NYS requires an annual audit of the finances of the Ulysses Town Justice Courts,
either as an internal audit by Town Board members or by an auditing firm,
NOW THEREFORE, BE IT
RESOLVED that the Town of Ulysses Board acknowledges an internal audit of the Ulysses
Justice Courts was completed by Town Board members Richard Goldman and Mary Bouchard,
on behalf of the Town Board on January 13, 2021, and further
RESOLVED that the Town Clerk shall submit a certified copy of this resolution along with the
results of the audit to the NYS Office of Court Administration.
CERTIFICATION OF TOWN BOARD AUDIT OF CLERK, TAX COLLECTOR AND SUPERVISOR’S OFFICE
RESOLUTION # 50 OF 20210: ACKNOWLEDGEMENT OF TOWN BOARD AUDITS OF TOWN
CLERK, TAX COLLECTOR AND SUPERVISOR’S OFFICE
WHEREAS, NYS requires an annual audit of the Clerk and Tax Collector as well as an annual
audit of the Supervisor’s office, either as an internal audit by Town Board members or by an
auditing firm, now THEREFORE, BE IT
RESOLVED that the Town of Ulysses Board acknowledges that internal audits of the Ulysses
Clerk, Tax Collector and Supervisor’s office were completed by Town Board members Richard
Goldman and Mary Bouchard on January 13, 2021.
RESOLUTIONS 49 & 50 Moved: Ms. Zahler Seconded: Ms. Bouchard
Ms. Olson asked Mr. Goldman & Ms. Bouchard to update the board on the audit process. They
replied that things looked good and was straightforward. More discussion ensued about the
need for Town staff to direct those wishing to pay in cash to the Clerk’s office rather than
accepting cash in the field.
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Ms. Bouchard aye
Vote: 5-0
Date Adopted: 1/26/21
AUTHORIZATION OF PAID LEAVE FOR ELIGIBLE EMPLOYEES TO GET CORONAVIRUS VACCINATIONS
RESOLUTION # 51 OF 2021: AUTHORIZATION OF PAID LEAVE FOR EMPLOYEES TO RECEIVE
CORONAVIRUS VACCINES
WHEREAS, the Town Board encourages eligible employees wishing to be vaccinated for the
coronavirus to attend a vaccination clinic to protect themselves and the members of the
public they serve and
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WHEREAS, the New York State Governor’s 2022 State Budget includes a proposed mandate
for employers to provide paid time off for vaccinations,
NOW THEREFORE BE IT
RESOLVED, that the Ulysses Town Board authorizes any eligible employee wishing to be
vaccinated to claim paid time for travel to and from approved vaccination sites for up to a
maximum of up to 3 hours, with scheduling permission.
Moved: Ms. Zahler Seconded: Ms. Olson
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs nay
Mr. Goldman aye
Ms. Bouchard aye
Vote: 4-1
Date Adopted: 1/26/21
DISCUSSION: ELECTRIC VEHICLE CHARGING POLICY- BACKGROUND
Ms. Zahler discussed some options for charging users and added that the CSAC is willing to work on
this further. Board members and Ms. Marino shared their thoughts and discussed town costs. The
background information was referred to the CSAC committee for further review and
recommendations with the guidance that the Town…
• Wishes to have users absorb as much of the costs associated with the charging stations as
possible
• Requests that CSAC explore more about whether the stations can be active and accept
payments without the annual subscription
• Requests that CSAC explore whether there are other vendors that may charge less for data
tracking and payment services
AUTHORIZATION TO CONTRACT WITH TOMPKINS COUNTY PLANNING FOR UPDATE OF 2009
COMPREHENSIVE PLAN DATA
RESOLUTION #52 OF 2021: AUTHORIZATION TO CONTRACT WITH TOMPKINS COUNTY
PLANNING FOR UPDATE OF 2009 COMPREHENSIVE PLAN DATA
WHEREAS, the Town of Ulysses budgeted up to $6,000 to begin an update of some sections of
the 2009 Comprehensive Plan; and
WHEREAS, the Tompkins County Department of Planning and Sustainability offered
municipalities an opportunity to purchase planning services at a reduced rate to assist with
local projects; and
WHEREAS, the Tompkins County Department of Planning and Sustainability has notified the
Town of Ulysses that we are eligible to receive planning services for 2021 to help with
updating data from the 2009 Comprehensive Plan at a cost not to exceed $1,100; now
therefore, be it
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RESOLVED, that the Ulysses Town Board authorize the Supervisor to enter into a contract with
Tompkins County for planning services during 2021 for up to $1,100 using funds from Account
B1440.4 Consulting Services.
Moved: Ms. Zahler Seconded: Mr. Boggs
Discussion- the board discussed defining the county’s scope of work for this potential project,
and whether to wait on taking action until it is discussed further. Ms. Marino and Ms. Liddle
added their comments.
MOTION TABLED.
DISCUSSION OF TOWN OF ULYSSES ANNUAL REPORT
Ms. Zahler shared her document on suggestions for creating an annual town report and a town board
work plan. The Board supported the idea of a Supervisor report using readily available data from staff
and that discussion of challenges and goals be done in conversations between board members and
staff.
DISCUSSION OF ELECTED OFFICIAL TIME CARDS
Ms. Zahler noted that the town’s current Personnel Policy makes elected officials complete time
cards to be eligible for health insurance and that full-time elected officials are treated like full-time
employees regarding benefits, with no provision for pay outs of any accumulated time upon leaving
elected office.
The board discussed concerns about whether paid time off should be tracked on full-time elected
officials’ time cards. This is an item to re-visit during a full review of the Town’s Personnel Policy.
PRIVILEGE OF THE FLOOR (3 min limit per person):
none
APPROVAL OF MINUTES:
RESOLUTION # 53 OF 2021: APPROVAL OF MINUTES
RESOLVED that the Ulysses Town Board approves the minutes from Town Board meetings
held January 6, 2021 and January 12, 2021.
Moved: Ms. Zahler Seconded: Mr. Boggs
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Ms. Bouchard aye
Vote: 5-0
Date Adopted: 1/26/21
ADJOURN:
Mr. Goldman moved to adjourn the meeting at 9:49pm. This was seconded by Ms. Bouchard and
passed unanimously.
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APPENDIX:
TOWN OF ULYSSES, NEW YORK, LOCAL LAW No. __ of 2021
A Local Law Providing for a Tree Advisory Council
BE IT NOW ENACTED by the Town Board of the Town of Ulysses, in the County of Tompkins
and State of New York, as follows:
Section 1. Legislative Intent
The Town Board recognizes the role that trees play in the town ecosystem and that they
contribute to the quality of air, reduce noise and visual pollution, help to moderate climatic
extremes, and conserve energy. The Town Board further recognizes the role trees play in
enhancing property values and the general quality of life in the Town. In order to foster
responsible planting, maintenance, or removal of trees or shrubs in the Town of Ulysses so as to
promote and protect the welfare of citizens of the Town, the Town Board finds it useful and
appropriate to establish a Tree Advisory Council to assist and advise the Town Board, the
Superintendent of Highways, and other agencies of the Town government.
Section 2. Creation and Establishment
1. There is hereby created and established a Town of Ulysses Tree Advisory Council.
2. The Advisory Council shall consist of not fewer than five nor more than seven members, a
majority of whom are citizens and residents of the Town of Ulysses, to be appointed by
the Town Board.
3. Members of the Advisory Council shall serve terms of three years, except that the terms of
the initial members of the Advisory Council shall be for one, two, or three years so as to
stagger the periods of their service.
4. In the event that a vacancy shall occur during the term of any member, his or her
successor shall be appointed by the Town Board for the unexpired portion of the term.
5. Members of the Advisory Council shall serve without compensation.
6. Members of the Advisory Council may be removed by majority vote of the Town Board
for cause, including failure to attend to the affairs of the Council.
7. The Town Board shall appoint the chair of the Advisory Council.
Section 3. Rules and Procedures
1. The Council shall meet not less than twice in a calendar year, upon call of the chair.
2. Three members of a five person council or five members of a seven person Council shall
constitute a quorum.
3. The Council shall keep a journal of its proceedings, which journal shall be filed with the
Town Clerk among the official records of the Town.
4. Meetings of the Council shall be open to the public, and shall be conducted in person
except to the extent permitted by state law by reason of a declared emergency. The
Council may provide for the attendance and participation of members of the public by any
appropriate means including electronic.
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Section 4. Duties
1. The Advisory Council may, within the limits of resources that may be made available to it,
conduct an inventory of trees located upon any lands owned or controlled by the Town
(“Public Trees”), including but not limited to those located upon or within the limits of the
public right-of-way of Town highways.
2. The Advisory Council may study the condition of Public Trees and formulate
recommendations for the improvement of the stock of Public Trees, including good
arboricultural practices, and the establishment of appropriate diversity in species and age
classes in order to provide a stable and sustainable community forest.
3. The Advisory Council may, upon its own motion, from time-to-time prepare and furnish
to the Town Board a report of its observations of the state of Public Trees.
4. The Advisory Council, upon request of the Town Board or Highway Superintendent,
report, advise and recommend as to Public Trees in any particular location, or generally.
5. The Advisory Council shall upon request of the Town Board coordinate an annual Arbor
Day observance, the Town having declared the last Friday in April as Arbor Day, and
shall support and assist the Town Board in the application for and obtaining of any grants
or other resources that may be available to the Town from public or private funds to
further the Town’s interest in promoting the community forest.
6. The Advisory Council shall not do or undertake any act in derogation of the
responsibilities of the Highway Superintendent pursuant to Highway Law Section 153 or
other general state law.
Section 5. Definitions
1. Public Trees – Any trees, shrubs, bushes, and all woody vegetation on land lying within a
public road, Town property, or right-of-way within the Town. Public Trees include all
park trees, all road trees, and all other trees owned by the Town, located upon Town-
owned property, or within the public trust of the Town.
Section 6. Interpretation. This local law, and no clause hereof, creates any theory or claim of
liability where none exists at law or in equity, and nothing herein alters any notices of claims as
may be required by law.
Section 7. Severability. Should any section or provisions of this local law be declared by any
court of competent jurisdiction to be unconstitutional or invalid, such declaration shall not affect
the validity of this local law as a whole, or any part thereof, other than the part so-declared to be
unconstitutional or invalid.
Section 8. Effective Date. This local law shall take effect immediately upon its filing with the
Secretary of State.
Respectfully submitted by Carissa Parlato, Town Clerk
1/--/2021