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