HomeMy WebLinkAbout2004-11-09 - TB •
TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
NOVEMBER 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; Deputy Supervisor Richard Coogan ; Attorney Bruce Wilson .
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Others Present : John Wertis, Planning Board Chairman, Ruth Kahn, Krys Cail , Curt
Dunham , Mary Bouchard, Trumansburg High School Government students Jason
Humphrey, Katte Bartos, Jacqueline Perry, and Mariesa Joch.
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 RBM 10/12 , STBM 10/25
The minutes for the special Town Board Meetings of October 5th, October 12th, and
November 4th and the minutes for the Public Hearing of November 4th were tabled until
the Special Town Board meeting to be held on November 18th, 2004 .
Mr. Scott moved, seconded by Mr. Weatherby to approve the minutes of the Special
Town Board meeting of October 25th , 2004 .
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby aye
Ms. Marino aye
Mr. Ellis abstained
Adopted.
APPROVAL OF MONTHLY CLAIMS
Mr. Weatherby moved, seconded by Mr. Ellis to approve the previous examined
vouchers # ' s 529 through 610 in the amount of $ 18 , 193 . 12 .
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby aye
Ms . Marino aye
Mr. Ellis aye
Adopted .
REPORTS OF REPRESENTATIVES
Peter Penniman , Representative Tompkins County Board — absent .
Trumansburg Fire Department — no one in attendance .
Planning Board Report, Chairman John Wertis — reported that all the minutes have
been approved and are up-to-date. The Planning Board is still in the process of reviewing
the draft Zoning and will bring their recommendations to the Town Board. Their next
meeting is scheduled for November 11th, 2004 .
Other
Krys Cail announced that she is here tonight because she is interested in Town
Government and wants to show here support for the elected officials .
Regular Town Board Meeting 2
11 /09/2004
TOWN REPORTS
Highway Superintendent James Meeker - reported the Highway cleaned ditches along
Cold Springs Road, put shoulders down on Cayuga View Road, helped in other Towns to
put down shoulders, mowed back roadsides, ordered salt, and hauled stone . The Town of
Enfield had a tire collection and the highway department helped them haul tires away.
All of the trucks are getting ready for winter.
Code Enforcement Officer Alex Rachun was absent and Mrs . Georgia read his report
as follows : .
A total of two (2) building permits were issued for the month of October — one ( 1 )
for a single family home and one ( 1 ) for an alterations .
Town Clerk Marsha L. Georgia - reported a total of $4, 086 . was collected for the
month of October and of that $ 567 .41 was turned over to the Supervisor for general fund
and $ 780 was turned over for the Water District in Plumbing Permit fees . A total of
$2 ,602 . 69 was collected for Decals . She also made a correction to her September report
and issued the Supervisor an additional amount for DEC fees .
Board Members and Committees - no reports heard .
Supervisor Douglas Austic asked if anyone had any questions on his previously
distributed financial report. No questions were heard.
Deputy Supervisor Richard Coogan reported that no word has come from FEMA on
the Hazard Mitigation report and the Town probably will not hear from them until the
beginning of 2005 . Funding is still being looked at for the flyover for the MS4 . The
Town maybe 'applying for the Water Quality grants that go from level one through level
seven and they would apply for level seven and that would be a grant for $ 15 , 000 which
would require matching funds with the whole coalition . The Storm Water group is
continuing working on the Stormwater Local Law. The next meeting is this Friday
morning and they will be looking at buffers/screening for watercourses
OLD BUSINESS
No Old Business heard.
NEW BUSINESS
Resolution to Accept NYSDOT Offer
New York State Department of Transportation has taken, through eminent domain, a
portion of Tax Parcel # 23 - 1 - 18 on Route 227 that belongs to the Town of Ulysses . This
resolution before the Town Board is to accept the payment from the State of $ 550 and
authorize Supervisor Austic to execute the agreement to secure payment of this claim .
This land is required by the NYS Dot for the renovations to be made on the bridge on
Route 227 .
Attorney Wilson explained the claim and also stated that at some time the Town Board
may want to ask why the Town would want to even own the remaining sliver of property
because it is not needed for public purposes any longer. It is about 4/ 10s of an acre
remaining.
Mr. Ellis moved, seconded by Mr. Scott the following :
RESOLVED that the Town Board of the Town of Ulysses accept $ 550. 00 in
agreement forlthe claim for a portion of Tax Parcel # 23 - 1 - 18 and that Douglas Austic,
Supervisor of the Town of Ulysses, be empowered to execute the Agreement and any
subsequent papers which might be required to secure payment of this claim .
Mr. Austic aye
Mr. Scott aye
Regular Town Board Meeting 3
11 /09/2004
Mr. Weatherby aye
Ms . Marino aye
Mr. Ellis aye
Adopted.
Mr. Scott asked what should the Town do with the remaining land?
Mr. Wilson stated that at a future meeting the Board might want to address that . They
could offer it to a neighbor or put it out for sale .
Mr. Weatherby asked to what account would that money be deposited.
Mr. Austic stated that it would be posted to General Fund account #2771 .
Mr. Scott asked if there were any other small parcels owned by the Town?
Mr. Austic stated that there are two small parcels over by the old Away building just
outside of the Village of Trumansburg along King Street .
Ms. Marino suggested that Mr. Wilson do an inventory on the land owned by the Town.
Adopt 2005 Budget
The Public Hearing for the 2005 Town of Ulysses Budget was held on November 4, 2005
and was not well attended. Supervisor Austic went over a few changes that he had
discovered, such as that the Town Justices ' salaries had not been increased by the 3 % nor
had the Town Justice Clerk. In addition it had been discovered that upgrading the
information from the Tompkins County Assessment Department gave the Town a little
bit more assessment in the General Town and a little bit less assessment in the Fire
District. Mr. Austic asked if anyone had any additional changes and / or comments for
the budget.
Mr. Weatherby asked if there were any comments from the public .
Mr. Austic stated that Mr. Bruce Wilson was the only other one present besides the Town
Board and he spoke in favor of it.
Mr. Austic stated that the Budget as presented would be a tax rate of $ 1 .47 , which is a
reduction of 12% over last year and the actual amount to be raised is reduced by $ 1 , 180 .
Mr. Ellis stated that this comment is not related to what the Town Attorney does for the
Town, but what he sees in the line item for the Attorney in the budget is the 3 % increase
like the employees are receiving and this line is a contractual figure that is negotiated
when the contract is up and would be decided by the Board for an increase or not .
Mr. Austic stated that some increase had to be put into the 2005 budget so if you
negotiate a higher rate for 2005 and nothing is in the budget than you are done .
Mr. Ellis stated then this would not affect the negotiated rate and would not effect what
the attorney is being paid.
Mr. Austic stated it would not change until a new rate is negotiated in 2005 .
Mr. Ellis stated that he has talked around a little further about this business that the Town
pays half of the cost of what would otherwise be health insurance when an employee
declines health insurance . Mr. Ellis states that maybe other municipalities that do it, but
he feels it is to be considered bad practice in most businesses that he is in touch with.
Mr. Ellis stated that he does not have the time to get into saying why actually why it is
not good practice, but it is pretty clear that it is not good practice for one reason and that
is the rate of increase in health insurance is beyond our control . So if we have an
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11 /09/2004
arrangement that someone is receiving those funds they will receive increases in those
funds in a way that is unrelated to anything else going on in Town government and
clearly unrelated to rates of increase in salaries, so it has at least that problem. He stated
there were other problems as well, but did not elaborate these
Mr. Austic stated that if however the employee decided to keep the insurance than the
rate went up 15 % he would be getting it anyway.
Mr. Ellis stated that is true . However while there is plenty of reason to look at increasing
the salary to acknowledge the fact that there is saving a cost to the Town, it should be
done in that way rather than in continuing something that is tied to insurance policy.
Mr. Austic asked if Mr. Ellis had read the article in the Association of Towns magazine
last month that states most towns do this .
Mr. Ellis said he had read that article, but he thinks it is bad practice and he thinks it has a
lot of problems and feels you do not necessarily have to do things because it is often done
elsewhere.
Mr. Austic stated that this has to continue until the policy is changed.
Mr. Ellis understood this, but he noted the issue should be addressed we go ahead .
Ms . Marino mentioned that she previously brought this up and restated that she agrees
with Mr. Ellis. Ms . Marino felt even though other Towns do it, she thought it creates an
inequity, because people who receive the payment get a disproportional payment due to
the exponential increase in health care, which is not fair to other employees not receiving
the payment, or to tax payers .
Mr. Scott stated that at the same token if someone gets on their spouses policy the cost of
the spouses policy goes up and this is a reimbursement .
Ms . Marino states that it does not change the budget for 2005 but she would like the
policy looked into in the future .
Mr. Ellis feels that the Board needs to take a look at Water District #5 (in the Budget) .
Mr. Ellis states that going ahead with Water District #5 without first having the
experience of stabilizing Water District # 3 and resolving problems that are there (some
of which are quite large) — it seems to him that paying someone to design the house
before you buy the lot . Mr. Ellis feels that the Town needs to have District #3 settled and
have more ex'
xperience under our belt before going ahead with the planning portion of our
intention relative to Water District #5 . Mr. Ellis states that he knows part of Water
District #5 thing is the loop extending to the Village of Trumansburg and that should be
funded.
Mr. Austic stated that it is foolish to do part because that is where you would lose money;
so then we Would probably not do any of it. You would lose by not doing a larger
project, in his opinion. You lose funding and once you solve one problem you cannot get
the funding that you want for the whole problem .
Mr. Ellis stated that funding comes and funding goes and Mr. Austic knows more about
that funding 'than he does , but the funding available next year would be different funding.
Mr. Austic stated that what is in the 2005 budget is not to do a huge District # 5 at this
point. The Town has a "memorandum of understanding" with the Village of
Trumansburg that the Town would form a limited Water District #5 which includes from
the Village tb Alpha House. This was supposed to be done by now but the Village is in
the process oo f replacing their tank and so it has been delayed . The District #5 formation
needs to be done, as it was supposed to be completed in September.
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Mr. Ellis stated that he couldn ' t agree more and the Town should go ahead with that. The
extension from the Village is not the part in question . What Mr. Ellis feels is in question
is whether the Town should be planning any additional extension of the water district.
Mr. Austic stated that nothing else is being planned at this point.
Mr. Ellis felt that it was presented that way.
Mr. Austic stated that he had talked about previous plans that the Town had when doing
District #3 , of things that could be done . It was plans that were thrown back in to be
talked about, not plans at this point just thoughts . The whole plan is to connect to the
Village. When asked what that may cost it, Mr. Austic replied that it would be
somewhere between $25 , 000 to $ 30, 000 to design the part from Cold Springs Road over
to the Village line . That is what that amount is in the 2005 budget under District #5
category.
Ms . Marino asked if the $35 ,000 in the budget for District #5 is just for that?
Mr. Austic said yes .
Mr. Ellis stated that the other concern that he has is that it is just not for those of us
around the table here to look at this District #3 and be comfortable before going forward
with extensions, but more broadly the Town people should have a chance to look at that
We have the requirement to do a review of the Comprehensive Plan and this should
include an analysis of the District #3 experience and the desirability of other water
districts .
Mr. Austic asked him what was the District #3 experience he was talking about?
Mr. Ellis stated that District #3 has been pretty hard to swallow from what he can see and
he thinks there have been quite a few problems with it . People who are in District #3 are
going to pay, he is guessing, additional monies in taxes than they thought they were
going to pay. Mr. Ellis stated from his calculation an additional $ 80 and these kinds of
things need to be digested and taken into account .
Mr. Austic stated that what has to be understood is that when District #3 was formed, the
price that was set up for anyone in the district had not been exceeded . It is under the cost
of the $ 525 per household that they were told it may cost . The argument that the State
made when they went from a 30-year payback to a 20-year payback is that the State has
raised the cost to what they will allow to be charged from the $ 525 up to $ 650 . Mr.
Austic does not think it is over cost and the system is now pretty much working. The
Town has found out that the Town of Ithaca was not chlorinating properly but now after
the last couple of weeks that has been worked out . Mr. Austic does not feel that there are
problems with the District or the way it is running.
What Mr. Ellis would like to see is the 2005 budget passed with an amendment saying
that relative to District #5 the funds are not for planning an extension but for the purpose
strictly of meeting the Town ' s obligation to the Village .
Mr. Austic stated that is all that is in the budget, it would cost a lot more, and the $ 35 ,000
would just about get us over here to the Village .
Mr. Ellis stated then that the quote from the engineers did not have any planning or
anything of that sort in it?
Mr. Austic stated that the $25 ,000 to $ 30, 000 is for the design of the system to get the
water over to the Village, which is 10 to 15 percent of the total estimated cost . You
cannot spend more than what is in the budget .
Ms . Marino stated that because Mr. Scheon from Dietershagen, Little & Mickelson was
unable to attend the Town Board meeting and explain the differences between a cash
Regular Town Board Meeting 6
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audit and a full audit she is suggesting to increase the amount in the 2005 budget by
$2000 to cover, the possible expense for an audit.
Mr. Austic stated that you could increase the budget or use the contingency fund if
needed .
To ensure that the contingency fund is adequate to pay for the potential cost of the full
audit Ms . Marino moved, seconded by Mr. Ellis the following:
BE ITi RESOLVED that the Town Board of the Town of Ulysses increase line
A1990 .4 the Contingency Account by $2000 . . I
Mr. Austic nay
Mr. Scott aye
Mr. Weatherby nay
Ms . Marino aye
Mr. Ellis aye
Adopted.
Hearing no further corrections and/or changes to the 2005 Budget, Mr. Scott moved,
seconded by Ms . Marino the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses adopts the
2005 Preliminary Budget with the above adopted additions .
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby aye
Ms . Marino aye
Mr. Ellis aye
Adopted.
Barton and Loguidice Engineering Cold Springs Road to Village
Mr. Austic had previously distributed this estimate from Barton and Loguidice for the
estimated engineering as requested by Mr. Ellis
Expiring Terms of Planning Board and Board of Zoning Appeals Members
Mr. Austic stated that there are two terms expiring, one on the Planning Board and the
other on the Zoning Board of Appeals . The Town Board did recently appoint Mr.
VanOrden to the Zoning Board of Appeals to fill a vacancy and it is his term that is up on
December 31st, 2004 . Mr. Austic stated that we could advertise for replacements if the
existing members chose not to continue, or the Town Board were to decide someone else
might better serve. The Planning Board member is Lorran Hammond and Gerald
VanOrden is the Zoning Board of Appeals member, whose terms are expiring.
Mr. Ellis moved, seconded by Mr. Scott that the Town Board offer Mr. VanOrden the
opportunity to continue as a member to the Zoning Board of Appeals .
Mr. Austic aye
Mr. Scott , aye
Mr. Weatherby aye
Ms . Marino aye
Mr. Ellis aye
Adopted.
Mr. Coogan will contact the other interested residents whom we have heard from to see if
anyone would be interested in serving on the Planning Board. He will also contact the
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Journal to have it mentioned in "News of Our Town" that the Town is looking for anyone
interested in serving on the Planning Board and/or other open committees . Mr. Coogan
will notify the Chairs of each Board.
Ms . Marino stated that in the future when there is a seat open on the ZBA, we may want
to get more gender balance .
Other
I
Court Bench
Mr. Austic stated that there was a meeting held with Ithaca Millwork and they have
supplied plans that can be used to put the job out for bid .
Mr. Scott moved, seconded by Mr. Ellis to put the "Court Bench" out for bid including a
price for the platform, bids to be returned by 30 days .
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby aye
Ms. Marino aye
Mr. Ellis aye
Adopted.
Opening on Environmental Management Council
Mr. Austic stated that there is an opening on the Environmental Council that could be
mentioned in the article Mr. Coogan will take care of.
1 Mr. Ellis suggested that any representatives for the Town should attend Town Board
meetings on a quarterly basis to make reports .
It was suggested to check to see if the Village of Trumansburg has a representative who
could possibly represent both the Town and the Village .
PUBLIC COMMENTS
Ruth Kuhn asked if the Town Hall was available for use by other organizations . Mr.
Austic stated that it is, if not in use for a meeting. Mrs . Kuhn may check with Mrs .
Georgia or Nancy Irish for availability.
CORRESPONDENCE
Mr. Austic received correspondence from ;
• Better Housing - USDA on affordable housing, home ownership and repairs
• NYS Retirement fund — giving a discount of $ 500 to pay early (the Town of
Ulysses planned on paying early anyway)
• Draft of Tompkins County Comprehensive Plan (talk about at next Town Board
Meeting on December 14th — commends are requested before December 21st)
Mr. Ellis stated that Better Housing had a fundraiser this morning. Mr. Austic stated that
he and Mr. Coogan were also there. Mr. Coogan also sat in on the committee for the
grant and the reason they did not get their block grant was the State last year held up the
funding. When their finances were evaluated there was enough to get through 2005 .
ADDITIONAL ITEMS
Mr. Ellis stated that there is a meeting scheduled for November 18th, 2004 for the review
of the zoning map .
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Mr. Austic stated that George Frantz cannot be here on the 18th of November, but the
Town Board can meet, but it is not for the map it is to continue with the Zoning Law .
Ms . Marino agreed that it is for the tower ordinance and other areas of the draft zoning,
not the map . The time was confirmed that it will start at 7 : 30PM.
ADJOURNMENT
Hearing no further business Mr. Weatherby moved, seconded by Mr. Ellis to adjourn the
meeting. Unanimously approved meeting adjourned at 9 : 05 PM .
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk .
MLG : mlg