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HomeMy WebLinkAbout2004-03-09 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING MARCH 9, 2004 PRESENT: Supervisor Doug Austic , Town Councilpeople Lee Scott, Robert Weatherby; Roxanne Marino and Don Ellis ; Town Clerk Marsha Georgia; Highway Superintendent James Meeker. Others present : Deputy Supervisor & Chairman Planning Board Richard Coogan; Alex Rachun Code Enforcement Officer; Justice Roger Rector and Attorney Bruce Wilson. Supervisor Austic called the meeting to order at 7 : 30 pm, and lead those assembled in the Pledge of Allegiance to the Flag of the United States of America. APPROVAL OF MINUTES Ms . Marino entered and moved the following amendment to the January 13 , 2004 minutes, seconded by Mr. Ellis : I would like to present the following amendments to the minutes of the draft 1 / 13/04 Regular Town Board meeting. Some of these are minor spelling or wording corrections, which can be made, in the exact place noted ; others provide context during discussion of specific topics . p . 4 Under Water District #3 report - change "Forman" to foreman In relation to p . 9 Town Board Appointments, item K . (Joint Youth Commission liaison), I believe R. Marino agreed to serve. Add - Ms . Marino suggested that the Town Board discuss other possible appointees for some committees Mr. Austic serves as representative for, such as the Storm Water Management Rep and the Disaster Mitigation Rep , to lessen the demand on Mr. Austic ' s time for attending meetings . Mr. Austic said these groups wanted the Supervisor as a liaison and would continue on all of them . In relation to p . 10 after the BE IT Resolve ' s : Add - Ms . Marino asked if individuals wishing to be on the agenda can be put on with less than one week ' s notice if something had come up in that time frame; Mr. Austic said yes, he makes every effort to include everyone who wishes to speak. Meeting agendas are usually out by the Friday preceding the Tuesday of a regular Town Board meeting. p. 12 TCIDA Uniform Tax Exemption Policy, paragraph beginning with "Mr. Ellis . . . " Add "a tax abatement" after "who gets" in that sentence, for clarity. In relation to Zoning Ordinance discussion (pgs 14- 17) : p . 14, second sentence - "opinions" spelling, 4th sentence "then" instead of than . 4th paragraph — "sitting" instead of setting ; "meetings" instead of meets ; 6th paragraph "she" instead of her. p . 14, last paragraph in the sentence "Ms Marino stated that she is opposed to putting the draft ordinance out to a public hearing without having a chance" : Add — "for the new Town Board to meet with the Planning Board and discuss the changes in the map and descriptions for the Al zone" . Strike "and because"; Add "From the meetings she observed, she feels that there was a fairly vocal minority of the people on the Planning Board who did not think the Planning Board had signed off, and who wanted further discussion of these issues". To the following sentence (starts with "She stated"), add — an October 2003 Town Board/Planning Board" after "at". p . 15 second line — "then" instead of than . _,na __se, Regular Town Board Meeting 03 /09/2004 p . 15 Second to last paragraph : Add — and "the Town Board" after Planning Board. Add — "to discuss the map and wording changes to date, to try and come to a new consensus" after meeting. p . 16 after paragraph 2 : Add - Mr. Coogan stated that the Planning Board by majority vote had signed off on the draft ordinance and had handed it over to the Town Board and did not want any further involvement in the discussion. Ms . Marino asked when this was . Mr. Coogan stated it was in November. - . p . 16, paragraph 4 after question mark : Add - Mr. Coogan said it was done by email communications . p . 16, paragraph 5 : Add - "Mr. Coogan said that the Planning Board did not want to attend any more meetings on this, and in fact several of them had said they would resign if they had to . " p . 16, paragraph 6 : . Add - Ms . Marino reminded Mr. Coogan that he had asked in December for the Town Board Liaison to the Planning Board (Ms . Poelvoorde) to come to a Planning Board meeting and explain the changes the Town Board had made to the Al definitions at their Nov . 5 meeting. This was not able to be arranged, and Ms . Marino ' s understanding was that some Planning Board members, and she as a Town Board member, were still confused about these changes . She felt these changes needed to be explained and discussed. p . 16 , paragraph 7 : Add — Ms . Marino said that at the Planning Board regular meeting in December, the Planning Board decided to request to the Town Board that Mr. Ed Marx from County Planning come and talk to the Town about the zoning ordinance, and then that a joint meeting of the Town Board and the Planning Board be called as soon as possible in January to work through a consensus on the proposed Ag zone. Hence she felt that at least some individuals on the Planning Board were very interested in discussing the Al language and map further. p . 16, last paragraph, first line — should read, "seems like there are" . p . 17 -paragraph beginning with "Mr. Ellis" — last line doesn' t make any sense p . 17 paragraph beginning with "Mr. Coogan" : After "very hard", change to "was that" ; after "happening" add "or". In relation to Deputy Supervisor Position discussion (p . 18) : p . 18 , paragraph 1 in this section, first sentence — after "position", "on assistance" should be "a confidential assistant"? Add to last sentence after "Deputy Supervisor", "for 20-25 hours per week at a salary of $ 15 per hour" p . 18 2nd paragraph : Amend the last sentence to read - "It was to discussed to go forward with hiring a deputy supervisor for one year, with a formal review of the position at 6 months and a decision at the end of the year as to whether to continue this position for the next year. " Add — "There are funds identified for this position for 2004 from unanticipated mortgage tax revenues . Ms Marino was concerned that there was no mechanism identified as yet for funding the position after this year, and that she couldn' t support approval of anything beyond a one-year appointment. Mr. Scott said agreed that it had to be for only one year at this time. Mr. Austic stated that maybe we don' t even need the position after this year. " ,. , Regular Town Board Meeting 03/09/2004 Mrs . Georgia stated the minor spelling corrections have been changed in the January 13 , 2004 meeting. She also stated that in the second change where Ms . Marino referred to item K. of the organizational meeting should be changed to item L. , and she has corrected that also . Supervisor Austic called for a vote as to who is in favor of this amendment : Ms . Marino aye Mr. Ellis aye Mr. Austic called for a vote as to who is opposed of this amendment : Mr. Weatherby aye Mr. Scott aye Mr. Austic aye Motion failed adoption. Mr. Ellis moved, seconded by Mr. Weatherby to approve he minutes of the January 13 , 2004 Regular Town Board meeting with the minor corrections previously mentioned by the Town Clerk. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino nay Mr. Ellis nay Adopted. Mr. Ellis moved, seconded by Mr. Scott to approve the minutes of the Regular Town Board Meeting of February 10, 2004 with the minor changes and corrections presented to the Town Clerk by Mr. Austic and Ms . Marino . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. APPROVAL OF CLAIMS Mr. Austic moved, seconded by Mr. Scott the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previously examined vouchers #79 through 150 in the amount of $ 35 ,303 . 82 . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. REPORTS OF REPRESENTATIVES Tompkins County Representative Peter Penniman announced that he has signed up for the task force to look into the Highway Maintenance . Mr. Penniman talked about the "hot topic" at the present time and that is the increase in assessments throughout the z Regular Town Board Meeting 03/09/2004 County and the biggest percentage of increase being in the Village of Trumansburg and the Town of Ulysses . Mr. Penniman reported on the County Jail proposal and stated that the County does not agree with the proposal that the State is recommending which is a larger capacity of beds . The County feels that what the State is recommending is not necessary and would drive the cost up , but the State requires reserved capacity. Trumansburg Fire Department — no representative . Planning Board Report, Chairman Richard Coogan reported that the Planning Board has decided to change the day for their regular scheduled meetings to be the second Thursday of the month. This may accommodate members better and therefore have better attendance . Mr. Coogan announced that Mr. Ochs had decide to stay on the Board until after the Public Hearing on Flo-Tech on March 11 , 2004 so therefore on March 12 , 2004 Mr. Ochs will no longer be serving on the Planning Board . Coming before the Planning Board is the application for Site Plan Review for Jim Seafuse of T-Burg Shur- Save where he wants to build a pharmacy. Others Justice Roger Rector presented to the Town Board a proposal that is offered by New York State Unified Court System to participate in the credit card program already used in New York State City and District Courts . The program has proved to beneficial to the courts by saving time and resources in the collection of fines and pre- arraignment bail . Justice Rector reviewed the fees that the program could charge which may be 1 % to 2% per transaction and a monthly fee around $ 15 for the use of the machine . Mr. Rector is not sure if both Justices may use the same machine . Justice Rector produced a report of 14 pages of names of people that have unpaid fines in the Town of Ulysses Court. He feels that if a program of this sort could be implemented the Court may be able to collect some of the old fines and also be able to collect more fines up front if people could use a credit card and not have to pay with a check or cash. Justice Rector is asking the Town Board for a resolution to sign up for the program at least for a trial period of six to nine months . Mr. Weatherby moved, seconded by Mr. Scott and Mr. Ellis the following: BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Austic to enter into an agreement with the New York State Unified Court System for a period of six to nine months to participate in the Vehicle & Traffic Law Credit Card Program. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. It was agreed that Justice Rector would come back to the Town Board in 6 months and report on the success of the credit card program . TOWN REPORTS Highway Superintendent James Meeker reported the Highway Department plowed and salted as needed, worked on the Gradeall, hauled stone and patched larger holes in the roads . Mr. Meeker stated that he attended a meeting in regards to the bridge on RT 227 and the State and County have agree to post the roads, in the detour, for no truck traffic . A . . Regular Town Board Meeting 03/09/2004 Also NYS DOT is holding a public informational meeting on March 24, 2004 at 7 : 00 p .m . in the Town Hall 10 Elm Street, Trumansburg, NY for the purpose to discuss the project that will replace the existing bridge on State Route 227 . Code Enforcement Officer Alex Rachun reported that he issued one permit for a single family home and had one application for an area variance. He also stated there have been some problems reported to him by the tenants at Adam ' s Rib and he is in contact with Tompkins County Health Department who are also aware of the problems. Next month he will be reporting on the project for Cornerstone Recovery. Town Clerk Marsha L. Georgia reported that a total of $ 1048 . 50 was collected in fees and of that $ 749 . 78 was turned over to the Supervisor along with her monthly report. Board Members and Committees Councilman Ellis asked to have it recorded in the minutes of the receipt of a letter from Krys Cail, which was presented at the Informational Zoning Meeting on March 4, 2004. Mr. Ellis stated that the letter is much appreciated with her specific comments on the zoning ordinance. Mr. Ellis stated that after the two Informational Meetings he sees that it is a continuing problem to convey the information to the residents of Ulysses that these meetings are going to take place and where. From the comments at the meetings he sees this a serious problem and sees that the Town is no good at getting the word out. He is not sure how to address this. Ms . Marino asked Bruce Wilson to explain the legality of mailing out notices to all of Ulysses . Mr. Austic explained that his understanding is that if you do a mailing you are not guaranteed to contact everyone in the Town and it could show discrimination that this one got a letter and that one did not . By doing legal ads and articles in the paper and announcements on the radio you are offering the information to everyone. Attorney Wilson stated that you have to be careful not to just notify one group of residents . By using the tax roles you may not be getting the message out to all residents . Supervisor Douglas Austic previously distributed the operating statement and asked if anyone had any questions . No questions were heard . Mr. Austic stated that he has been notified by New York State Environmental Facilities that the Town does not need to take out a thirty (30) year loan for Water District #3 and that the Town will only have a twenty (20) year loan . The Town had figured all the repayments by the residents in the Water District #3 on 30 years payback. This will mean a different yearly assessment for those in the district. Mr. Austic stated that because the first payment on the loan is not due until 2005 we have a one-year start on the collection of the loan payment that may mean we would not have to increase the District charge in the first or second year. It will also depend on if the District loses or gains any users. Mr. Austic stated that the Board would have to sit down and have a closer look at this in the very near future. Mr. Ellis asked if the rate for water was locked in? Mr. Austic answer yes it is at $ 3 . 20 per thousand from the Town of Ithaca. When the District was originally fornied the State Comptroller had said that the cost per user could not be over $ 500 . That yearly figure is now up to $650 . c Regular Town. Board Meeting 03 /09/2004 OLD BUSINESS Water District #3 Progress Report Supervisor Austic reported the tank has been filled and chlorinated from the tank down to Woolf Lane. The Health Department has to inspect and if all is okay that section of the line could start to have residents hook up . The next section would be from Rascal ' s to the end of the water line . PWC Regulation Discussion The Town of Ithaca has passed an ordinance on the regulation of watercraft in certain shoreline areas of Cayuga Lake. Mr. Austic is in receipt of a copy of the ordinance adopted by the Town of Ithaca and has provided copies to the Town Board. Mr. Ellis moved, seconded by Mr. Scott the following : BE IT RESOLVED that the Town Board of the Town of Ulysses use the copy provided by the Town of Ithaca of the Ordinance passed by them for the draft ordinance to be presented at the Public Hearing scheduled on March 30, 2004 as follows : ORDINANCE PROVIDING FOR THE REGULATION OF WATERCRAFT IN CERTAIN SHORELINE AREAS OF CAYUGA LAKE Pursuant to Subdivision 17 of Section 130 of the Town Law of the State of New York, the Town Board of the Town of Ulysses, Tompkins County, New York, does ordain and enact as follows : SECTION 1 . Definitions . A. "Vessel" shall mean "vessel" as defined in Subdivision 6 of Section 2 of the New York State Navigation Law or any successor or amendment to such subdivision and section. B . "Watercraft" shall mean any vessel, vehicle, or contrivance intended, designed, or utilized for travel over or under water, and that is propelled by a motor or engine of any type, whether fueled by gasoline or otherwise . C . "Personal watercraft" or "PWC" shall mean a Vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel . " shall mean a Vessel which is powered by an outboard motor or S ecialt ro -craft sh p D " Specialty prop -craft" person sitting, standing, propeller driven motor and which is designed to be operated by p g, g or kneeling on, or being towed behind the Vessel, rather than in the conventional manner of sitting or standing inside the Vessel . E . "Non-motor Powered Vessel" shall mean a Vessel powered by a force other than a motor, specifically wind or human muscle power, such as canoe, kayak, paddleboat, crew boat, row boat, sailboat or sailboard . F . " Cayuga Lake" shall mean the whole of Cayuga Lake to its high water mark, all subsurface lands, and all streams, creeks, rivers, canals, inlets, and other waterways connected thereto, whether navigable or not, located in the Town of Ulysses . G. " Shoreline" shall mean any location where the surface of Cayuga Lake meets land, including emergent islands and structures of all sorts ; but not including wharves, docks, and similar structures made, placed or installed by any person or entity. A Regular Town Board Meeting 03/09/2004 H . "Daytime" shall mean one-half hour after sunrise to one-half hour before sunset and "nighttime" shall mean one-half hour before sunset to one-half hour after sunrise. SECTION 2 . Vessel Regulation Zone. A vessel regulation zone is established so that no watercraft shall exceed a speed of (a) 5 miles per hour within 100 feet of any shoreline, dock, pier, raft, float, marked swimming area, or anchored, moored; floating or non- motorized vessel, or (b) 10mi . les per hour when between 100 feet and 500 feet of any shoreline, dock pier, raft, float, marked swimming area, or anchored or moored vessel, or 45 miles per hour during the daytime and 25 mph during the nighttime when between 500 and 1500 feet of any shoreline, dock, pier, raft, float, marked swimming area or anchored, moored, floating or non-motorized vessel unless such vessel is being operated near such shore, dock, float, pier, raft, or anchored vessel for the purpose of enabling a person engaged in water skiing to take off or land . SECTION 3 . Limits on operations of PWCs and Specialty Prop-Craft No person shall operate a PWC or a Specialty Prop-Craft at any time before 10 a.m . or after the earlier of 8 : 00 pm or one- half hour before sunset. SECTION 4. Limits on operators under sixteen years of age No person under the age of 16 years may operate a PWC or Specialty Prop-Craft unless he or she is : A. Accompanied by a parent or guardian ; or B . Accompanied by an adult over the age of l 8 years or ( 1 ) Possesses a current and valid boating certificate issued by the State of New York, the United States Coast Guard, or an appropriate Power Squadron or SECTION 5 . Limitations on noise levels . In no case shall the noise level of any watercraft, or any activities conducted from such watercraft, exceed 65dBA during daytime and 55dBA during nighttime as measured from the shore . 1 SECTION 6 . Applicability. This Ordinance shall apply only to those portions of Cayuga Lake falling under the jurisdiction of the Town of Ulysses . SECTION 7 . Violations . A violation of this Ordinance shall be punishable as set forth in Section 73 -c of the New York State Navigation Law or any successor or amendment to such section. SECTION 8 .. Effective date ; This Ordinance shall become effective April , 2004, or 10 days after publication of a copy of this Ordinance or a summary or abstract of same in the official newspaper of the Town as required by Town Law Section 133 , whichever is later. SECTION 9 . Partial Invalidity. If any provision of this Ordinance is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this Ordinance, which shall remain in full force and effect. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. NEW. BUSINESS Bruce Wilson Letter Regular Town Board Meeting 03/09/2004 Mr. Wilson informed the Board of some changes occurring in areas of his legal practice and makes a proposal to the Board. Mr. Wilson stated that he has had his private practice of law in Ithaca for over thirty years . He is also the Deputy County Attorney for Tompkins County, which is a part-time salaried position. He has been attorney for the Town of Ulysses for almost ten years . During that time he has billed the Town on an hourly basis from his private law practice. He has decided to depart from his private practice because he wishes to scale down the hours he is currently working and he also wishes to reduce the large overhead associated with his private practice . Currently he has a law office at the County as well as his own private office at the Clinton House in Ithaca. He is hoping to wind down his private practice by early summer, and of course, will continue as Deputy County Attorney and as attorney for Ulysses, focusing on municipal law without the general practice . He is interested in knowing if the Town Board would consider providing office space for him (he would provide his own furniture, books and some equipment) in the Town Hall for his town related duties . Having such a space would allow him to stay in regular contact with various town officials and would help him to keep abreast of the town's pertinent legal issues in a timely manner. The second issue he wishes to address is his professional arrangement with the Town. As you are aware, there is a difference between "the Town Attorney" and "the attorney for the town" . The "Town Attorney" is a sworn public officer on salary, (i . e. , an employee) and is appointed for a two-year term (Town Law §20(2)(a) . The " attorney for the town" is an attorney retained by the town for advice and legal services . Payment is either by a retainer agreement for set services or billing at hourly rates for services based on " as-needed" requirements . He is the attorney for the town. He is not the Town Attorney on salary nor is he currently on a retainer. For the past almost ten ears, he has billed on an hourly basis from his private practice, responding to specific requests . He would like the Town Board to consider making him a salaried "Town Attorney" or placing him on retainer at an agreed annual fee. There would be some mutual advantages to defining his services more formally. The most important advantage is that the Town would have access to his legal services at a set fee (budgeted in advance and agreed upon) without worrying every time about the cost of those services . - Also, he would get a set income for his services to the Board, the Town Supervisor, the Deputy Supervisor, the Town Clerk, the Town Judges, the Highway Superintendent, the Zoning Officer, the Planning Board and the Board of Zoning Appeals . He currently responds to all of the above at certain times. The current approach has been problematic because the Board or Supervisor always requires prior approval for the above service, as cost is always an issue . The advantage to the Town in having him is either "Town Attorney" or on a set retainer agreement is that he can give his undivided attention to town matters without the Board worrying about cost or accessibility (litigation would be separate from normal legal services) . By creating the position of " Town Attorney" or by having a retainer agreement these concerns can be clearly addressed and his duties and obligations can be made clear without incurring the risks of open billing or who he can and cannot respond to as legal issues arise . Another very important advantage of having him on retainer or as "Town Attorney" is that many issues can be resolved in advance by legal counsel and advice rather than dealing with problems after they have occurred . Mr. Austic asked if he had a yearly salary in mind. Mr. Wilson stated he had thought $ 17 , 500 . Q Regular Town Board Meeting 03 /09/2004 Mr. Austic stated that in 2003 the Town had expensed around $ 18 ,000 when doing the water district and that $4500 was budgeted for 2004 . Mr. Ellis asked if Mr. Wilson would be doing any private practice out of the office if the Town provided one? Mr. Wilson stated no that he would not be . Mr. Ellis stated that he appreciates Mr. Wilson billing at a low hourly rate and he has not been here long enough to comment on the work done . Looking at the larger picture Mr. Ellis stated if he were looking to add any professional staff to the Towns staff it would be a professional planner and not a lawyer. Mr. Ellis feels that a planner would be very valuable to the Town by reviewing applications of site plans etc . Mr. Austic stated that this is not adding a lawyer for the Town this just may be a more logically way to get more services for the money. Ms. Marino asked if there were established procedures Board members should use to get advice or access to the attorney? Mr. Austic said in general if the Planning or Zoning Boards needed legal advise they would get it pre-approved from the Town Board but other than that you can ask. The Board discussed different options . Mr. Ellis asked if anyone was aware of what other Towns do . This was tabled at this time for the Board to have more discussion on it and find out some additional information. Sales Tax Money Allocation Mr. Austic entered the following written statement in record of his recommendation for the surplus sales tax revenue : In February we received the fourth quarter sales tax from Tompkins County. The amount owed as per 2003 budget was already paid by the previous 3 quarters (and in fact was in excess of the amount budget for) ; therefore all of the additional sales tax received was surplus . The amount received in February was $ 54975 . 93 all in excess of anticipated. The question is what to do with the excess, while keeping in mind the restrictions on the use due to the Village collecting their entire share from the Ulysses allocation. We are allowed to only use the money outside of the Village . Since the 2003 Budget calls fora deposit of $ 15000 to the Bridge/Highway repair reserve, I would recommend starting with that budget item . In addition with the development of Water District # 5 and to cover any engineering and legal costs of that or other potential projects, I recommend putting $ 20000 . 00 in the Water Development Reserve fund . The remaining $ 19975 . 93 I would recommend adding to the DB fund savings to give an additional measure of security to cover any anticipated expenses, which may develop in the highway repair budget. An additional consideration of the use for some of the Bridge/Highway Maintenance Reserve for this year would be to repair one of the Town Bridges (we have 9 town bridges) . Mr. Meeker has been delaying repairs to the Cold Springs Road Bridge due to water district activities on that road . Perhaps at this time it would be appropriate to upgrade repair the concrete infrastructure of that bridge and replace culverts prior to the paving of that road as planned. Mr. Meeker has estimated that these expenses would range from $20-30,000 . 0 Regular Town Board Meeting 03/09/2004 The Board discussed the recommendations . Mr. Weatherby moved, seconded by Mr. Scott the following: BE IT RESOLVED that the Town Board of the Town of Ulysses allocate the Sales Tax Surplus received in February in the amount of $54, 975 . 93 to the following accounts ; $ 15 ,000 to be deposited into the Bridge/Highway Repair Reserve account; $20,000 Water Development Reserve account and the remaining $ 19,975 . 93 to the DB Fund Savings account. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms : Marino aye . Mr. Ellis aye Adopted. Consider Finishing Upstairs Mr. Austic stated that several years ago the Youth department requested more space for office and small programs . Currently there are two Youth Representatives sharing the small office in the back of the building and when they have meetings, youth visits, and some small programs they do not have the space for. The 700 sq. ft. upstairs of Town Hall is not totally unfinished, it has parts partitioned off but not finished. Occasionally the Youth Workers have tried to conduct small programs up there but because of it being unfinished they don' t have electric and there is no soundproofing in the floors so it is very loud down stairs . It does have heat and air conditioning. Mr. Austic stated that it was not safe for people to be using that room as it is now. Mr. Austic stated that there is over $ 54000 in the Capital Reserve for repair and ' .. maintenance of the building and he would propose that we get different contractors in to look at it and give the Town some prices . Mr. Austic feels that it would be under $20,000 and if that were the case it would not have to go out for formal bids . The Youth Office would move upstairs and free up the space that could be used for an office for the :Deputy Supervisor and if the Town decided on the attorney in house he could share the space . Mr. Ellis asked about handicapped accessibility? Mr. Austic explained that if anyone came that was handicapped and could not go upstairs the Youth Services could come down and use some space here like the courtroom . There is space for an elevator in the building to be installed at some future time when funds are available . Mr. Austic will ask different contractors to give the Town estimates and then the Town Board will go from there . Zoning Ordinance Mr. Austic suggested that each Board member write up what they would like to see Al District consist off and than get back together and discuss . The Board discussed this in relationship to what Mr. Mead had proposed from Ag and Markets. This will have to be looked at as to his suggestions . Also some definitions will have to be added or changed. A discussion took place about the possibility of adding more to the Rl (rural residential) zone. Ms . Marino stated that she would prefer to have the Town board and the Planning Board work together one more time to come up with definitions for Al district. She would like Boards to be able to discuss together the map and the ordinance wording that each board in Regular Town Board Meeting 03/09/2004 worked on separately, and to look at possible compromises how the Al looks related to adding more R1 . Mr. Coogan will also ask the Planning Board if any of them would like to re-write Al and present it to the Town Board . Mr. Austic stated that if they wish to do that it is fine with him but they should present it to the Town Board by the last week in March. Disaster Mitigation Meetings II Stormwater Progress Deputy Supervisor Richard Coogan reported on the progress for Hazard Mitigation and Stormwater (MS4) requirements . Two of the three Hazard Mitigation Public Input Meetings have been held and the third one is scheduled for March 16 , 2004 at the Trumansburg High School . The last meeting will focus on the Village and School District. Tompkins County Planning and the Tetra Tech Corp . are very pleased with the efforts made by Ulysses to involve the public . Stormwater requirements for this year include starting to build a library of reference materials, training of Town Officials and putting a plan in place to check septic systems in the MS4 district in Ulysses . The library has been started; training for the Town board, Planning Board, Zoning Board, and CEO is tentatively scheduled for April 15 , 2004 at Cayuga Heights Fire Hall from 4 to 6 PM . The first report for Stormwater Management has to be in for june . Mr. Coogan has been assigned to the committee developing training needs . Both the Hazard Mitigation and the MS4 require comments to monitor septic pollution into public water supplies . Mr. Coogan attended a septic workshop where it was said that thermal imaging from an aircraft is being used to detect potential problem septic systems . Mr. Coogan is investigating this use as a means to isolate potential problems that would then be turned over to the NYS Dot for further inspection and regulation. Plans are to contact other lake front municipalities and Tompkins County to join in this study. Grant money is expected to be available from Hazard Mitigation and MS4 for this thermal imaging fly over. Ms . Marino asked who would enforce? The grant money could go to the County Health Department for enforcement. Interested Resident Interviews Supervisor Austic reported that he, Planning Board Chairman Coogan, and Councilpeople Marino and Ellis interviewed John Wertis and David Means for the vacant Planning Board seat last Saturday morning. Both candidates have some agricultural experience . Mr. Wertis is currently active in agriculture in the Town, and Mr. Means was a dairy farmer in Wayne County before moving to Trumansburg. Mr. Austic stated the Board could take action tonight to appoint one or both. In order to appoint both, there would need to be some discussion of adopting Alternates positions for the Planning Board. Councilmen Scott and Weatherby were not able to attend Saturday morning and wish to talk to Mr. Means, both know Mr. Wertis . Mr. Austic will set it up some evening. There was concern raised that after March 12 , 2004 the Planning Board will have a vacancy and there may be a Planning Board Meeting scheduled before the next Regular Town Board Meeting. Other Supervisor Austic entered into the meeting a resolution that he received from the Law { Department of the Office of the Corporation Counsel of the City of New York asking for 11 Regular Town Board Meeting 03/09/2004 the Town Boards support of the Collateral Source Bill . The Towns of Dryden, Ithaca and Lansing, along with Tompkins County and the City of Ithaca have adopted this resolution. Mr. Scott moved, seconded by Mr. Austic the following : WHEREAS , there has been introduced before the New York State Senate And the New York State Assembly, a bill known as A. 622/ A3483 entitled : ' An act to amend the civil practice law and rules, relation to equalizing the treatment of collateral sources in tort actions, to repeal subdivisions (a) and (b) of Section 4545 of such law and rules relating to collateral sources in certain tort actions and to repeal subdivisions (d) and (e) of rule 4111 of such law and rules relating to itemized verdicts in certain tort actions" ' and WHEREAS, this bill will equalize the treatment of collateral sources in tort actions against public defendants by applying the same standard used in cases against private defendants, the bill would allow collateral sources to offset damage awards for future costs or expenses in actions against public employers (to present double recoveries), NOW THEREFORE BE 1T RESOLVED that the Town Board of the Town of Ulysses does hereby support the enactment of New York State Senate Bill S . 622/New York State Assembly Bill A3483 ; and be it further RESOLVED, that certified copies of this resolution be delivered to Honorable Joseph Bruno , Majority Leader, New York State Senate, Honorable Sheldon Silver, Speaker New York State Assembly, Honorable Richard Plarkin, Counsel to the Governor, Honorable Barbara Lifton, Assemblyperson for the 125th District; and Honorable John Kuhl, Senator for the 53rd District, by the Town Clerk . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino nay Mr. Ellis abstained Adopted. Ms . Marino asked to include in the agenda of another Town Board meeting a more formal discussion on what is included in the minutes and the procedure for amending them. Public Comments No comments were heard. Correspondence No additional correspondence . Adjournment Hearing no further business Mr. Weatherby moved, seconded by Mr. Scott to adjourn the meeting. Hearing no objection meeting was adjourned at 10 : 20 PM. Respectfully submitted, „pew7742.424 if Marsha L. Georgia Ulysses Town Clerk 11