Loading...
HomeMy WebLinkAbout2004-04-13 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING APRIL 13, 2004 PRESENT : Supervisor Doug Austic , Town Councilpeople Lee Scott, Robert Weatherby; Roxanne Marino and Don Ellis ; Town Clerk Marsha Georgia; Highway Superintendent James Meeker { 1 Others Present : Richard Coogan, Planning Board Chairman and Deputy Supervisor; Alex Rachun, Code Enforcement Officer; Justice Roger Rector; Michelle Reeves, Ithaca Journal Reporter; Steve, Free Press Reporter; David Lapadula; Mary Shelley and Joel Podkaminer. 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 America. APPROVAL OF MINUTES - Regular Board Mtg. 3/9/04, PH 3/31 /04 Hearing no corrections or changes Ms . Marino moved, seconded by Mr. Scott the following: BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes of the Regular Town Board Meeting of March 9, 2004 and the Public Hearing of March 31 , 2004. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted. APPROVAL OF MONTHLY CLAIMS Mr. Ellis moved , seconded by Mr. Scott the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the previously examined vouchers # 151 through 213 in the amount of $29,561 . 55 . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. REPORTS OF REPRESENTATIVES Richard Coogan Planning Board Chairman presented his resignation to the Planning Board effective May 31 , 2004. It had been suggested, after his appointment as Deputy Supervisor that there maybe some sort of conflict of interest. He does not feel this way but because of a discussion the Planning Board had he feels there is a level of discomfort and he had stated that if there was any discomfort on the board that he would come off . He hopes that six weeks is ample time to find a replacement for him and replacement for chair. He does have a couple of concerns that he would like to bring up and that is with training on the board — he thinks it is very important that the Planning Board receive some very specialize training — one in basic functions of a Planning Board and also what is expected from the Town Board of the Planning Board and what they should be Regular Town Board Meeting April 13 , 2004 reviewing. Another one that has come to light is some sort of conflict resolution training for the Planning Board . Mr. Ellis stated that he is on the same page as Mr. Coogan in regards to training for the Planning Board and he would be willing to help in anyway. Ms. Marino asked what type of training. Mr. Coogan stated that just the basic would be helpful . We could have someone from the Town of Ithaca, one of the professional Planning Board members and even have Bruce Wilson do some of it. Mr. . Scott asked if the Board had to accept the resignation of Mr. Coogan? Mr. Scott' s feeling is that we would be losing one of the biggest assets we have on the Planning Board. He knows what the Planning Board was two years ago and he knows what Mr. Coogan has brought to the table. Mr. Scott hates to see Mr. Coogan go . Ms . Marino stated that she feels the Town has a good opportunity with Mr. Coogan as Deputy Supervisor, to help assist in the formulation of policies and procedures in the administration of programs or follow through in policies all ready in place . If Mr. Coogan is willing and if it makes sense to Mr. Austic for Mr. Coogan to use some of his time to do that. Maybe Mr. Coogan could draft some kind of guidelines for the Planning Board and some kind of way to get going on training. Ms . Marino would find that hugely useful. . Mr. Coogan would be willing to help with this. Peter Penniman Tompkins County Board of Representatives distributed announcements on the "Spring Cleaning" for tire collection day in Ulysses and a workshop on "Stormwater Regulations". Mr. Penniman also announced that the Barangus restaurant was sited for a violation for smoking and was found in violation of the State and County Law on smoking. The recommendations were that the owner/operator of the Barangus pay a penalty of $350 . He announced the County Planning meeting at the Village of Trumansburg on the Comprehensive Plan. The open house informational meeting is from 3 to 7 pm and than at 7pm a presentation is given to the Village and Town. Mr. Penniman announced that the County Budget Committee passed a resolution stating that the tax levy be limited to no greater than 3 % for 2005 and 2006 and to do that it would mean significant decreases in programs. Mr. Penniman stated that there is a growing concern to keep spending down. Justice Rector asked Mr. Penniman if the County is putting any pressure on the State to not mandate expenses . Mr. Penniman feels that the County is putting pressure on the State but it also is important to get the information out to the public and have them address the State legislators . The County also is a member of the NYS Association of Counties who lobbies for this . Mr. Lapadula asked about the costs for benefits for the county employees and what ' s being done to hold these costs down. Mr. Penniman stated that this is another big area of cost; increases in salary, health insurance, retirement, and workman' s compensation. In relationship to salary increases, most of all the contracts are expiring this year and will have to be negotiated. They plan on taking a very hard line there. On health insurance there is not much control on the rates that they get. The County is self-insured but the prescriptions drug portion is the large problem in increases . They have been discussing monthly charges to employees and co-pays. The retirement is set by the State. Making major changes in these are very difficult. F, Regular Town Board Meeting April 13 , 2004 Mrs . Georgia asked if the County gave any incentives to the employees to sign up for their spouses insurance. Mr. Penniman stated they had talked about this . Mr. Podkaminer asked about the jail expansion. Mr. Penniman stated if they went with the States request it would make the expansion much larger than they wanted to go and therefore more expensive. The County may choose to not do anything because of the mandates from the State . Trumansburg Fire Department - no one in attendance. Others - no others wished to speak . TOWN REPORTS James Meeker Highway Superintendent reposted that for the month the Highway Department has installed a culvert pipe on Curry Road for a new house, plowed and salted as needed, hauled stone, helped County on a tiling project and are now working on racking up sod along the sides of roads that were disturbed during plowing in the winter. Mr. Meeker asked Mr. Penniman if the County' s Highway Superintendents have someone on board that goes to Albany to lobby for money for the Chips Program. Mr. Penniman stated that they certainly do that as legislators. Mr. Meeker stated that the nine townships in the County would like to join in lobbying for the Chips Program. Mr. Austic stated that the Association of Towns does this . Alex Rachun Code Enforcement Officer reported that he issued a total of four permits, two for single-family residents, one for a renovation and one for a business . Also the BZA approved an area variance for down at the lake . Mr. Rachun wanted to echo what Mr. Scott stated about Mr. Coogan and stated that he has been here for over twenty years and Mr. Coogan is the first person he has dealt with as a Planning Board Chair that has given the amount of time and effort to make the Site Plan Review process a very efficient process . This process is very time consuming process and hopes a new chairman will be able to devote time that Mr. Coogan has . Mr. Rachun also reported that he issued a stop work order and two not habitable for human habitation for two buildings in Jacksonville. He is in the process now of either condemning them or having the owner totally renovate . Also on Kraft Road the Health Department has issued two notices of violation to the McCoy residence. This seems to be an abandonment issue and they have left the property with garbage everywhere. Mr. Rachun is not sure where it will go from here. The County does have jurisdiction on that. Marsha L. Georgia Town Clerk reported that for the month of March she collected a total of $ 3462 . 71 of that $ 757 .40 was turned over to the Supervisor along with her monthly report. Also $2450 went to the Supervisor for Plumbing Permits and Contractor Registrations. Her office has issued a total of 66 permits . Mrs. Georgia reported that she has the official notification from Cayuga Nature Center reporting that they have one red fox and 2 pythons . She now will notify the police agencies, fire and ambulance. The date has been set for the Local Assessment Review and that is May 10th, 2004 from 3 pm till pm. The date was also set for voter registration to be held in October on the 7th from 4 pm till 8 pm and on October 9th, 2004 10 am till 5 pm. z Regular Town Board Meeting April 13 , 2004 • Board Members and Committees Ms. Marino stated that she was at the meeting when the Planning Board discussed the issue of Mr. Coogan staying on the Planning Board and/or staying as Chair. Ms . Marino stated that there was a lot of support for Mr. Coogan staying on the Planning Board, but not as staying on as Chair. Ms . Marino stated that she has not been participating with the Planning Board for very long but has certainly seem the amount of expertise and effort that Mr. Coogan does contribute. Ms . Marino stated that there is just some concern from Planning Board Members over Mr. Coogan remaining as Chair, and she has to say she shares that concern because it was expressed to her by members of the public that they did not like the idea that Chair on the Planning Board would also be the Deputy Supervisor. The Deputy Supervisor answers directly to the Supervisor and there is potential, whether it is real or not, to compromise the Planning Board operating some what independently as an advisory board. Ms . Marino would like Mr. Coogan to consider not completely cutting his ties with the Planning Board. The other thing she wanted to say is that the position that Mr. Coogan holds right now may not have monies to fund in the future. Mr. Coogan stated that he still could be involved with the Planning Board, but the thing about him being a member and chair has been stated as a conflict and he feels as long as anyone feels this is a conflict he is not comfortable being a member. He stated that he has the same voting rights being a member as he does being a member and the chair. He went on to state that he would like to be involved as far as establishing the training etc . Ms . Marino stated that being involved with that aspect would be a very good service to the Town. Mr. Rachun stated the important thing to understand that to do the job right it takes a lot of time and when the Board appoints another Chair they keep this in mind. Mr. Ellis stated that the Board certainly needs to work on this . Douglas Austic Supervisor previously distributed copies of the financial report — no questions were heard. OLD BUSINESS Water District # 3 Report Supervisor Austic reported that District #3 is basically complete, six homes were hooked up on Thursday and homes are continually being hooked up, ninety additional meters have been ordered. A total of 285 taps were installed originally and we are assuming over the next: couple of years that every one will hook up . Mr. Austic reviewed the costs related to the district and the charges to the residents in the district. There are 369 . 3 units (some are apartments) and they are billed on their taxes whether or not they are hooked up . This number is used to come up with the unit tax rate for the district, which is limited to $650 per year and is currently $256 per unit. PWC Regulations Supervisor Austic suggested that the Town Board pass this ordinance. He. has a couple of suggested changes that was heard at the public hearing held on March 30, 2004 after duly advertising. Mary Shelly also had a change for Section 2 . Ms . Marino proposed to amend Section 2 of the resolution in response to comments heard at the public hearing to include "no watercraft shall exceed a speed of 5 mph or produce a wake . . . ", as this provides as easily visible enforcement criteria. Mr. Austic thought the other Towns would not agree to adopt this . This amendment was not accepted. A Regular Town Board Meeting April 13 , 2004 Mr. Austic moved, seconded by Mr. Ellis to adopt the following ordinance : 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 . D. "Specialty prop-craft " shall mean a Vessel which is powered by an outboard motor or propeller driven motor 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 . 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. 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, marked swimming area, or anchored, moored; floating or non-motorized vessel, or (b) 10miles per hour when between 100 feet and 500 feet of any shoreline, or marked swimming area, with exception made for vessels operated for the purpose of enabling a person engaged in water skiing to take off or land, or c) 45 mph during the t daytime and 25 mph during the nighttime when between 500 and 1500 feet of any shoreline or marked swimming area. 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 9 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 : c Regular Town Board Meeting April 13 , 2004 Accompanied by a parent or guardian, an adult over the age of 18 years or possesses a current and valid boating certificate issued by the State of New York, the United States Coast Guard, or an appropriate Power Squadron. 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. 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 dates : This Ordinance shall become effective April 13 , 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. Attorney Request — tabled until further into meeting. 2nd Floor Renovation Supervisor Austic put an ad in the paper requesting estimates for the renovation of the second floor of the Town Hall . He received a total of four, three of them being under $20,000, which puts it under the limitation of bidding. Our attorney states that if the Board wanted to continue, the Board could pick the estimate that is the lowest and go with it. There is an estimate from Peter Cooke at $ 13 , 800, H&G at $ 19,797 , and Herb Austic at $ 19 ,843 , and Chip Martin at $25 , 500 . Mr. Austic suggested excepting the low bid from Peter Cooke and do the job , we (the Town) has been planning this for years and have the money set aside for this in the Capital Reserve and the Youth Department has asked for more room . Mr. Ellis stated that being new and may be because he is just not up on procedure, but we had the annual budget audit and talked about budget a couple of months ago and now we seem to have a pretty good number of ad hoc items and he is a little concerned about this, if this is something planned for three or four years it still feels to him that it is coming up as an ad hoc item. Why isn' t it more structured — he would rather see everything that the Board is doing over a longer period than laid out at-once. The impression he is getting now is things coming up one at a time and not really knowing the implication of each one before the next one happens . Mr. Austic stated that there are things that are going to keep coming up , things that have been talked about for years and things that have been saved for, money put a side in the reserve accounts. The Town is not increasing taxes or anything to pay for this — it has been planned for. The Board has talked about this before. A . it Regular Town Board Meeting April 13 , 2004 Mr. Weatherby stated that since the addition was added the Board has talked about this renovation, put money aside for when it came a time that it was needed. Mr. Ellis stated that Mr. Austic has generously offered to show him through the whole budget, which means he would have a chance to see all the various reserves . Mr. Ellis has not had the time to take Mr. Austic up on this, but he definitely will have to do that. Mr. Austic stated that he feels the time has come for this project to make the additional room that the Youth Office has requested and make the office space they are in at the current time available. Mr. Austic asked if he heard a motion to except the low estimate on this project? Mr. Weatherby moved, seconded by Mr. , Scott the following: BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the bid of Peter Cooke in the amount of $ 13 , 800 for the renovation of the second floor of the Town Hall . Ms. Marino shared Mr. Ellis ' s discomfort, just not in being new but also not understanding how the different items relate to other items in the budget, so she stated that she would probably abstain. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino abstained Mr. Ellis nay Adopted. $ Mr. Austic will notify Mr. Cooke that he was the low estimate and that he can start the project. Other - none heard. NEW BUSINESS Jacksonville Sidewalk Supervisor Austic stated that several years ago a grant was awarded from Tompkins County to install sidewalks in Jacksonville . It has been delayed because of the water lines being installed. The time has come to do the sidewalk project before the grant is lost. The project will be done in conjunction with the contractors replacing the sidewalks that were removed when the waterlines went through . The Town will use R. Myers Construction' s " sub-contractor to put in the section of the sidewalk that is in the grant. Mr. Austic pointed out that $9000 is in a reserve account for this project. The grant was for $6635 . Mr. Austic and Mr. Coogan met with the representative from R. Myers Construction and the sub-contractor, McPherson Construction who will be doing the work. Mr. Austic explained the project — the bus stop will be moved closer to the insurance agents office, so that it will be away from the convenient store/gas station and post office, than the side walk will be from the gas station to the insurance agency and on the other corner they will come from Evergreen Facility around the corner, making corner handicapped accessible, than go down in front of the old store fronts . The sidewalk in front of the old storefronts is what the water contractor is obligated to replace. Mr. Coogan stated that the grant also includes some tree plantings . 1 Regular Town Board Meeting April 13 , 2004 Mr. Austic stated that Highway Superintendent would help with the moving of the bus shelter and also the site work. Mr. Scott asked who would be responsible to shovel the sidewalk in the winter. Mr. Coogan stated that Mr. Williams (Insurance Co . Owner) has always shoveled a path from his agency to the post office because of the danger of people walking in the road and he has agreed to continue . Mr. Ellis asked if the Board was headed for a vote on this and if yes could Mr. Austic review the numbers. . Mr. Austic stated that the grant in the amount of $ 6635 requires a match of 50% from the Town. We have a quote for the part that the Town will be responsible for, which is $4 . 35 per square foot, or approximately $20 per linear foot for 150 feet of sidewalk. The share of the Town will be from in-kind work from the highway department ($3600) and money, probably less than $3000 . Mr. Ellis moved, seconded by Mr. Scott the following: BE IT RESOLVED that the Town Board of the Town of Ulysses wishes to continue with the sidewalk project in the Hamlet of Jacksonville. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. Town Commitment to Village Main Street Project Supervisor Austic reviewed with the Board that the Town of Ulysses had made a commitment to the Village of Trumansburg of $ 10,000 of in-kind services or cash when the Village wrote their grant for the sidewalk project. The Village is talking about the Town doing their part of the project, which is installing sidewalks from the Village line to the Fairgrounds office building. The Board discussed the project. Ms. Marino remembers Mr. Austic asking the Board for comments on the entire Main Street Project for the Village of Trumansburg. Mr. Austic stated that it is not the job of the Town to comment on the entire project, but only on the part the Town that may be effective . Mr. Austic stated that he did not see anything within their project that the Town would need to comment on. Ms . Marino asked than if the Town could comment if they wanted to suggestion of what or maybe should be included that may be next to the Town. She is not totally clear on what type of comments he was looking for — just an impact to the Town? It struck her in reading through it there are little or no provisions for bicyclists at all . The Black Diamond Trail is going to come up into the Village and than you have downtown and the Fairgrounds — this whole connection and it does have potential to get people coming in as far as tourism. She feels that it does not seem it would be that expensive to put into the plan. Maybe just painting bicycle lanes and just taking it into account for some extent — it is not taken into account at all . Given the safety issues it would be a good idea. Mr. Austic stated that Ms . Marino could make that comment to the Village if she wishes and also stated that the Black Diamond Trail access is down Cayuga Street . Ms . Marino stated to promote safety this is the time to think about it. Q Regular Town Board Meeting April 13 , 2004 Water District # 5 Mr. Austic stated that Water District # 5 , which is the Village ' s line from the end of South Street to Waterburg Road over to Indian Fort Road to the old pump house. This has been previously discussed with the Village in reference to taking over their water system. This was proposed because every time anyone within that area wants to hookup to the water the Village has declined until the Town forms a water district. When the discussions started and the Water District #5 proposal was presented to the Village they had stated that the Town would get back to the Village no later than the end of June. Mr. Austic will set some meetings up with the Village to negotiate this proposal . All necessary piping is in place, but some maintenance needs to done. Residents in the proposed Town water district will need to vote in a permissive referendum. - Zoning Ordinance A Special Town Board meeting was scheduled for Wednesday March 21st at 7 PM to further discuss the draft Zoning Ordinance, particularly the Al District. Planning Board Appointment Mr. Austic stated that he would like to have a motion that the Town Board approves the addition of an alternate to the Planning Board, who also would be appointed. The alternate would than attend meetings, may not have to attend all of them, but when Site Plan Review was going on the alternate would be required to attend if for some reason during this process a quorum was lacking the alternate than would have the right to vote because he is informed on the project . This may eliminate some of these meetings where there is not a quorum. Ms. Marino stated that this is a reasonable thing to explore, but does not feel it would have to be adopted tonight. She feels that it would be useful to get input from the a Planning Board members as to how that person would fit in and such a position would work from the point of a functioning board. She would be glad to do that. Mr. Austic can check with the Attorney on how to develop the language. Mr. Weatherby stated that in the past there has been discussion about dropping the Planning Board down to five members and than have five-year terms . Mr. Coogan stated that if it were dropped down to five you would lose a designated agricultural representative that comes with a seven-member board. Mr. Ellis stated that he may or may not think the alternate a good idea, it is a new idea, but we really have a quality board issue here that we ' ve talked about this before. We certainly are looking to appoint people who don' t have trouble making two meetings a month and maybe sometime three a month, which for most of us are not too many meetings . Mr. Ellis again stated that he would really like to go after the quality of the Board issue. Even if we appoint an alternate we cannot dodge the issue. The Board reviewed the applicants and interviewed the two candidates that have farming qualifications . Mr. Means does have some agricultural experience but Mr. Wertis is a more active farmer. Mr. Austic moved, seconded by Mr. Scott the following : BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Mr. John Wertis to the Planning Board to fill the unexpired term created by the resignation of Mark Ochs . Ms . Marino agrees between those two candidates and she found them both to be acceptable, both were engaged and interested and felt like they had the time and so she 0 Regular Town Board Meeting April 13 , 2004 based her decision on the fact of what she was given as the criteria are for an agricultural member. Mr. Wertis surely meets this more so than Mr. Means. Mr. Ellis also feels that Mr. Wertis does have more of the qualifications we are looking for under the criteria. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted . Interested Residents Interviews The Town also has five other interested people that ought to interview in case we want to appoint another one . Mr. Austic suggested that Mr. Coogan get the names and set up interviews for a Saturday morning. Mr. Ellis suggested getting more information from the people when contacting them. Mr. Scott also suggested letting the interested people know more about the position. Ms. Marino thought that was a good idea to have Mr. Coogan put together something on the responsibilities of the Planning Board members and also to furnish that information to the Board would very helpful. Stormwater Progress Supervisor Austic stated that as far as the Stormwater process we do have the report completed that has to go to the State . This report is a joint effort of all of the communities in the County that are doing the Stormwater reports so all the things that were done in together are listed in the report as being completed, now an annual meeting sometime before June to discuss the Stormwater MS4 — Notice of Intent that was filed with the State has to be set. The report is available for review, and Mr. Coogan stated that electronic copies are available if anyone wants one. Other — no other new business . PUBLIC COMMENTS — no additional public comments heard. CORRESPONDENCE Supervisor Austic reviewed the correspondence received as follows : • Tompkins County Municipal Officers Meeting — 4/20/2004 • TCAD — Meeting 4/28/2004 • Fingerlakes Land Trust Information • Local Open Space Plan Guide • Information Department of State RE : Appalachian Regional Comm. Program • State Office of Real Property / 2004 Tentative Special Franchise • Smart Development for Quality Communities • NYS Farm Fresh Guide Supervisor Austic moved, seconded by Mr. Weatherby the following: BE IT RESOLVED that the Town Board of the Town of Ulysses adjourn to executive session to discuss a personnel matter related to the Town Attorney. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye in Regular Town Board Meeting April 13 , 2004 Ms. Marino aye Mr. Ellis aye Adopted. Town Board adjourned at 9 :40 PM to executive session . Mr. Weatherby moved, seconded by Mr. Ellis to close the executive session and re-open the Regular Meeting, unanimously approved . The Town Board discussed and reached a decision on the proposal of establishing the Attorney for the Town as a retainer based position . The following is a synopsis of what the board came up with, in executive session. • The Retainer would be in the amount of $ 16000 . 00 annually. • Shared office space would be provided in the Town Hall for the transaction of town business. • A requirement of office hours within the Town Hall of at a minimum of three (3 ) hours per week at an established time to better enable town officials to communicate their needs and get opinions on matters before them. • A requirement to attend a minimum twelve ( 12) town sponsored meetings per year. (These meetings may be broken up among the Town Board, Planning Board, BZA or others as needed or recommended by the Town Board.) • Legal Opinions on matters for the Highway Superintendent, Town Clerk, Code Enforcement Officer, Justices, Town Board, Supervisor, Planning Board and BZA would be rendered under the retainer in addition to the 3 hours per week of office hours if needed. • Requests for legal opinions for BZA or Planning Board should be cleared by the Chair of the perspective board or in the case of other employees by the Town Board, or in the case that matter needs immediate attention, the Town Supervisor • Any meeting attendance above and beyond those stated above and/ or any legal work performed above and beyond that specified and approved by the Town Board will billed to the Town at your established rate. • A review of the successes or failures of the retainer agreement will take place by the Town Board prior to a reappointment each January. Mr. Ellis moved, seconded by Ms . Marino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Austic to notify Attorney Bruce Wilson of the foregoing after he has emailed a draft to the Town Board Members for their approval . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted. Mr. Ellis noted that the residents on Searsburg Road are concerned with the speed limit. They previously submitted a petition. Mrs. Georgia stated that Mr. Meeker has submitted the information to the County and the State. He also is aware that the residents did another petition increasing the distance that he has a copy of. ADJOURNMENT Hearing no further business Mr. Weatherby moved , seconded by Mr. Scott to adjourn the meeting. Unanimously approved, meeting adjourned at 10 : 05 PM. 11 Regular Town Board Meeting April 13 , 2004 Respectfully submitted, SA, . ' Marsha L. Georgia Ulysses Town Clerk MLG : mlg 11