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HomeMy WebLinkAbout2004-12-14 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING DECEMBER 14, 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. Others Present : Planning Board Chairman John Wertis, Code Enforcement Officer Alex Rachun, Mary Bouchard, Tompkins County Representative Peter Penniman, Stormwater Committee person Rebecca Schneider, Ruth Kahn, Ron MacLean, CPA Duane Schoen. 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 10/12/2004 & 11 /09/2004 — SBM 10/05/2004, 11 /4/2004, 11 /18/2004 AND PH 11 /4//2004 Supervisor Austic stated that he reviewed the corrections and/or changes submitted my Ms . Marino and had no problems with them. Ms . Marino stated she had not had time to review the minutes of the Regular Board Meeting of November 9, 2004 and asked for those to be tabled. The Board unanimously agreed to table those minutes . Mr. Ellis moved, seconded by Mr. Scott to approve the minutes with the changes and or corrections presented by Ms . Marino for the Regular Town Board meeting of October 12 , 2004, the Special Town Board meetings of October 5 , 2004, November 4, 2004 and November 18 , 2004 and the Public Hearing of November 4, 2004 . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted. Ms. Marino suggested having a sign-in sheet so we can avoid just listing in the minutes "unknown" for people attending who the Clerk does not know. APPROVAL OF CLAIMS Mr. Weatherby moved, seconded by Mr. Ellis and Mr. Scott to approve the previously examined vouchers #611 through 668 in the amount of $ 33 ,219 . 25 . Mr. Austic aye Mr. Scott aye 3 Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted. REPORTS OF REPRESENTATIVES Chairman John Wertis reported that the Planning Board has changed their monthly meeting to the third Tuesday of the month . The Planning Board did meet on November 16 , 2004 and passed on recommendations for Design Standards for the Zoning Regular Town Board Meeting 2 December 14, 2004 Ordinance . The next meeting is December 21 , 2004 and will finish the work on Design Standards and continue the review of the Sub-division and have recommendations back to the Town Board on that. Also Mr. Wei-tis stated that there is a seat to come open at the end of December and he is not going to make any recommendations on who or how the Town Board selects but only that a selection be made in a timely fashion so that the Planning Board is not short a person. Tompkins County Board Representative Peter Penniman provided a map showing the distribution of Tompkins County Homeownership Program throughout the County of people they have helped with financing when people qualify. The County did not get the funds this year but they have some to keep it going . The biggest item Mr. Penniman stated that he should report about is that the County passed the budget. For the most part the County operations are remaining pretty stable, the biggest challenges were spending for capital projects that the highway needs . The County has made a new commitment to increase the highway maintenance and it will take a number of years, but they will bring that back to a higher standard than it has been. The County' s goal was an increase of 3 % in spending and the County Administrator did accomplish that but he did not have much capital spending so the Board had to add spending to highway and for the public safety communication system. The other big debate was about the jail . The jail expansion was defeated in the budget 8 to 7 so at this time the County is holding off on any expansion of the jail although they still have the plans and the concept is still there, but are holding off on spending because once they do build a new $il that building would add a debt service to the budget by around $400,000 including staffing. So for the time being the County will board out prisoners and evaluate the jail population and make a determination on a year-by- year basis on if the facility needs to be expanded. Mr. Ellis stated that he understood, with the jail, that one of the big factors was the pressure from the State and not giving the variances for the prison population. Is that pressure not what it was before? Mr. Penniman stated that what ever the County builds for a jail the State has to approve and they have been threatening to take away the variances, lowering the population permitted in the jail . The County has been hesitant in doing that because it means immediately boarding out prisoners. Now it has come down to the point that even with boarding out prisoners the County feels like it is worth the money instead of expanding the new jail at this time. Mr. Scott commented that the jail position is about back to where it was ten years ago as far as boarding out prisoners . Mr. Penniman stated that the population is not any higher. The average this past year was 67 and that was the lowest it has been in ten years and is not growing anywhere ' s near the rate that was predicted. Right now the population is around 90 and not sure why that is . A study will be done of all the reasons that cause the fluctuation in the jail and also to get a better handle on which of those you could control or have an impact on through putting people in different programs, community service and rehab to keep them from coming County also needs better data on why the persons are in ail so that can be back. The Cou y Y p analyzed to see if the programs have any affect on them. The County will lose the variance from the State on December 21st and immediately will be boarding out prisoners . This will increase the spending so hopefully every thing that can be donee to analyze that situation will be, to see what we could do to help the situation. Mr. Meeker asked why the flashing light at the intersection of Perry City Road and Halseyville Road was not turned on . Regular Town Board Meeting 3 December 14, 2004 Mr. Penniman stated he did not know and was hoping that Mr. Meeker would know the answer to that. Mr. Meeker will call the County Highway and or State to see what is up with the light . Ms . Marino asked Mr. Penniman if it was his sense that the approval of the Tompkins County Comprehensive Plan is going to be addressed at the December 21 , 2004 County Board meeting. Mr. Penniman answered that he thought so and asked if Ms . Marino had any comment about that? Ms. Marino stated that it is on the agenda for this evening. Mr. Penniman stated that he would stay for that discussion. DUANE SCHOEN, C.D.L.M. & CO. Mr. Schoen of Ciaschi, Dietershagen, Little & Mickelson Accounting Firm Supervisor Austic introduced Mr. Duane Schoen of C . D . L. & M Accounting firm to discuss the possibility of performing an audit . Mr. Schoen thanked the Board for giving him a few minutes and what he will do tonight is give the Board a little bit of an understanding of what an audit is, what the different options are because you have three options, two of which they are really familiar with and one that they are not that familiar with, but trying to learn more about. Most importantly the Board can ask questions of someone that does audits . The different options are : • GAAP Audit — most comprehensive, which does everything across the board and that is the GAAP audit — Generally Accepted Accounting Principals — this is the principals for governmental accounting that have been established nationally. Those principals are somewhat different but in most respects the same as the way the Town reports their information to the State on its annual update document every year. There are some important differences between GAAP and that update document reporting and the most important difference is a fairly new governmental standard commonly called Gasby 34 . That new standard requires a fair amount of additional information for a government that is going to issue financial statements in accordance to GAAP . There is quite a bit of information about capital assets . Under older accounting principals governments were encouraged but not required to report the value of cost of infrastructure and that is now required . Either actual cost or estimated historical costs are used to determine the municipality infrastructure assets , roads, bridges, waterlines, sewer lines, and other things like that. That is the biggest difference between the old GAAP and the new GAAP procedures under this new model . There are some other differences but they are less important. The first option to do then is an audit of GAAP financial statements. In order for the firm to do a audit of GAAP financial statements they would need to have GAAP financial statements so what would have to happen is that they would begin with the Towns annual update document. Using information from the Town in respect to their capital assets and a whole bunch of other information the firm would assist the Town in putting together these GAAP financial statements . The audit procedures that the firm would perform in accordance with those financial statements are under general accepted auditing standards . The auditing standards that are in place nationally in that all accounting firms are required to use in the conduct of audits . It requires testing of the municipality internal control system, it requires insuring that the system is working properly and it also includes a fair amount of detail testing to make sure that all the cash that has been reported, is in the bank or in transit or agrees with the Town ' s information . This audit also is making sure that revenues, monies that are due from the State and monies that are due to be paid out have been reported properly, and than all of the town ' s assets, liabilities, revenues, Regular Town Board Meeting 4 December 14, 2004 expenditures have been accounted for properly, This option is fairly comprehensive and requires a fair amount of time and effort, but it provides the widest base on which to judge whether things are working, as they should. • Second Option is to the other extreme and is usually referred to as an Agreed Upon Procedure Engagement. An Agreed Upon Procedure Engagement is used where there is a more limited scope of what the Board would want audited. Say for example the Board is concerned about a particular department within the Town, the highway department for example. The firm would, by working with the Board, design some appropriate tests to see that the things that there is concern about are being adequately being addressed. If there are some specific concerns that the Town has in some specific areas than an Agreed Upon Procedure Engagement can narrow the focus down to those areas and provide the Board with some insurance whether those concerns that you have are being addressed and whether there is a problem with those areas . The Agreed Upon Procedure Engagement is narrower in its focus ; its focus depends on what the Board would want . With a GAAP audit everything gets audited, the entire Town ' s activity gets audited. • Third Option is kind of in the middle and this one the firm has heard about before very recently is known as a Regulatory Basis Audit. This is an audit of the entire Town, but instead of the additional information that is required in order to make the Town ' s financial statements in accordance with GAAP , all capital asset information would be an option on the update document and say that the filing that the Town made with New York State is in accordance with State regulations . So there is a wider scope there because it does include all the Town ' s information, but does not require the additional capital asset gathering that would be required under a GAAP audit . The firm still is investigating how real this option is because they have not done any of these; they have just heard about them very recently and are trying to find out how useful they really are . Mr. Schoen is uncertain but somewhat skeptical that this Regulatory Basis Audit would be accepted if the Town was to go to bond or if the Town was going to borrow money. He is skeptical that this type of audit would be acceptable if the Town had Federal Loans and programs . In those instances a GAAP audit would be - required . Mr. Schoen stated he would like to make one comment regarding the GAAP audit, even if the decision of the Town Board is not to have any auditor, not to have a GAAP audit, Mr. Schoen thinks it is still important to begin the process of gathering that infrastructure information in order to comply with Gasby 34 in order to comply with the new accounting principals for governments because you might not need it now but he thinks it is pretty likely that it will be needed some time and it is better to start working on gathering that information now and have it in a better state than to suddenly decide that you have to barrow money lets say and you have to throw all this rather enormous amount of information together in a fairly short time frame. Mr. Schoen encourages beginning working on some of that infrastructure information regardless of any decision of an audit. Mr. Austic 'stated that is not entirely true, the Gasby information is not required for a Town the size of Ulysses for at least another couple of years. Mr. Austic can see his point in staffing to gather the information and he has looked into this . Mr. Schoen stated that if you issue GAAP financial statements for the calendar year 2004 it would be required. There are also a couple of qualifiers for a Town of this size . The F Town is not required but encouraged to gather infrastructure information retroactively. He encouraIges that because of what he has seen is that if you have debt, but you don ' t have the assets against it you can end up with a negative at the bottom of the financial statement and a negative is not a good thing. Mr. Scott asked whether the third option mentioned was very similar to what the State would do if they did an audit. Regular Town Board Meeting 5 December 14, 2004 Mr. Schoen said that it is similar but normally the State procedures are much more detail focused than his accounting firm ' s , they stay for a long time, they look at a lot of things . His firm ' s focus in a audit is making sure that the financial statements are not materially mistaken, so they are not concerned with small errors, they are concerned with making sure that the financial statements as a whole are reasonably stated or fairly stated. Mr. Scott asked what dollar and cent wise are we talking about. Mr. Schoen stated that a GAAP audit and depending how much assistance would be needed for gathering the capital information, how much of that information you want to gather he would start with a figure of around $7000 to $ 8000 for a regular GAAP audit. The Regulatory Audit he is not sure because he has not been able to get enough of an understanding about how much information is required, but would be somewhat less than the GAAP audit. The Agreed Upon Procedure Engagement would depend how much you need done and how much you want to have done . If the focus is very narrow it can be done fairly inexpensively. Ms . Marino asked if it was an hourly charge or a unit charge . Mr. Schoen stated for a GAAP audit it is a fixed cost, if it is the Agreed Upon Procedure Engagement it most likely would be an hourly fee . Mr. Ellis stated in regards to the GAAP audit and relative to the capital asset work sounded judicial and the earlier statements sounded rather absolute. Mr. Schoen stated that there is a standard to be met and there is the option of not going backwards, of not retroactively gathering all that information, but the Town is required to gather all that information going forward and there is no conditionality there, but there is an option to not retroactively determine the infrastructure assets . The desire to do that more than anything else probably depends on how much debt is outstanding on those assets. Ms. Marino asked for clarification on retroactively for how long. Mr. Schoen stated what the standard requires for larger municipalities and encourages for smaller ones . The requirement is to go back 1980 and either record the actual cost if you can find it, or estimate the historical cost of those assets, of all of your assets, the land, building, equipment and the infrastructure. Ms . Marino asked if the firm would help the Town do that with the records the Town has or would the Town need to summarize that. Mr. Schoen stated that they would provide some assistance, they are prohibited by conflict of interest regulations from actually doing the work for the Town, they cannot make management decisions, and they cannot audit their own work so the work has to be the Towns but could assist in putting it together. Mr. Ellis stated that a debt could motivate on how far back to go . He asked Mr. Schoen if he had a feel how large that task would be without any retroactive work to establish the base. Mr. Schoen stated that if there is no retroactive concern at all and it is simply a matter of going forward than the task is much less complex and it is a matter of starting with the 2004 information in reporting any significant improvements in the infrastructure, repaving a road, redoing water lines, replacing sewer lines and those types of things would be reported as new infrastructure assets . One more qualifier, the 1980 rule and the option to go back applies to the infrastructure, you are required regardless of year to record the cost or estimate cost of land, buildings and equipment. If you do not have the actual cost for those things there are a number of ways to estimate historical cost, you can look at replacement costs and than deflate the price back to when you bought it. Regular Town Board Meeting 6 December 14', 2004 Mr. Austic stated that would make more sense for the Town of Ulysses, because we have thought once about hiring someone to figure out an estimate cost for roads, culverts, bridges, etc . for the years, but if you start now with the new option, which was not an option a year or so ago, would make more sense because than you know what you are doing and you can keep on going. Mr. Ellis stated than the example offered with the Agreed Upon Procedure Engagement would be decided by the Board as to what to look at and part of that could be the capital assets across the whole Town, or cash or internal control . Mr. Schoen stated that is correct, it is up to the Town as to what the Board wants done and it can slice in any direction you choose, it can be a department, a process, a cash receipts or disbursements, payroll function, it can slice however you feel is needed . Ms. Marino stated that if the Board wanted to have Mr. Schoen ' s firm do an audit to fulfill the NYS requirements of doing an audit every year for 2004, would sort of lead time does Mr. Schoen ' s firm need. Mr. Austic stated that if you were working from the audit report that is sent to the State then the Board would have to audit this years books. anyway because that report is not done until late February. Ms . Marino stated that we have 60 days from the close of the fiscal year. Mr. Schoen stated that if his firm is going to do a full GAAP audit they would typically do so after the annual financial report is done . Their audit would not begin until that is filed, so it would more likely not start until March or April . Ms . Marino stated that it is her understanding the Board could audit or you could hire a professional auditor to do it . The Board may want to but they do not have too . Mr. Austic stated that is true but we would have to have an agreed upon contract . Mr. Schoen stated that there are two separate deadlines . The deadline for filing of an audit report from his firm is usually nine months after the end of the year so their deadline would be September 30th. Whereas the Town ' s Annual Financial Statement has to be filed by Mr. Austic by February 28th. Mr. Wertis asked what the motivation is having an external audit and wondered why the existing provisions are not adequate. Mr. Scott stated that is his question also . Mr. Ellis stated that it is a matter of responsibility. The Town is responsible for the funds that they are handling for the general population as well as the State, they are responsible for funds that essentially belonging to someone else . There are procedures required by law that you do audit but he feels he is an amateur. Ms . Marino stated that she feels people that have no training what so ever are doing the internal audit under our current system . Mr. Austic stated that every year when he files the Annual Financial Audit with the State that is basically what an external audit looks at, he has only had one or two questions over the years he has been filing so apparently he must be making the audit procedure pretty close to what they require. Ms . Marino stated that was good, and she is not saying she thinks otherwise it is just that periodically the Town should have an external independent person, who is trained professionally, to look and confirm, yes in deed nothing was missed because even the best intentioned, and most knowledgeable people miss things . It is always good to have somebody check your work that isn' t involved in it day to day. That is her view . Regular Town Board Meeting 7 December 14, 2004 Mr. Austic asked if Ms . Marino and Mr. Ellis realized that at any time if he wants or anyone wants a State audit can be requested and they will no it at no charge. Ms . Marino asked what the difference would be from a State audit and a hired audit. Mr. Austic stated that a State audit would be more thorough and the auditors would be at it most likely longer. Ms . Marino asked if Mr. Austic would prefer that . Mr. Austic stated that it would not make any difference but what he is saying that if the Town spends $ 7,000 to $ 10,000 that is anywhere ' s between 3 % to 5 % of money being raised for the A Fund in real property tax . If the State does it for nothing and gets the same result or same information it makes sense to have the State . It is the Board ' s call . Mr. Weatherby stated that the Board has a responsibility to the taxpayers as far as spending money unnecessarily. Ms . Marino asked Mary Bouchard, Village Trustee because she is a public official and a professional, what see might see as the value of having an external audit done professionally because the Village has one done each year. Ms . Bouchard stated that she was not a Village Trustee when the Village originally decided to have an external audit and does not know why they do an audit every year. Mr. Austic stated that at one-time years ago there had been a change in personal with the Clerk/Treasurer who is not an elected official that started the audit and has been continued. Ms . Bouchard stated it is done every year and she thinks that it adds to the accountability, and the auditors make suggestions to the Village about improvements for procedures and little accounting things that really bookkeepers may not know. Mr. Scott asked how much it cost the Village. Ms . Bouchard could not answer that and turned to Mr. Schoen for an answer. Mr. Scheon stated that he thought it was around $ 6 , 000 to $ 7, 000 . Ms . Marino asked Ms . Bouchard if she knew why they hire a private firm instead of requesting a State audit. Ms . Bouchard stated that she really did not know . Ms . Georgia stated that the auditor whom ever you choose to do the audit will request basically the same information, and she has been Clerk through several State audits and a couple of hired audits and both are very similar. The files are very up-to-date and are very easily accessible . Mr. Austic stated that the Village handles Federal money and that does require an external audit. Ms. Bouchard stated that she knows when the Village gets money for grants ; it will require an external audit. Mr. Austic feels you can get the same sense of security, if that is what is being looked for, by having the State audit. Mr. Ellis asked if Mr. Schoen would like to make an argument to hire his firm . Mr. Schoen stated he thinks what you get from the State is more intrusive than a GAAP audit would be, the State tends to get very nit picky in details that in the grand theme of Regular Town Board Meeting 8 December 14± 2004 things do not make a lot of difference . His accounting firm tries to be much more focused on the big picture and he thinks the biggest down side to having a State audit is they will spend quite a bit of time on things you really don' t care about and since they are free they don' t care how long it takes . But the State can do what they call a SMART audit, which is similar to the Agreed Upon Procedures Engagement audit. Mr. Schoen asked if there were any more questions for him. The Board had none and thanked him for coming. OTHER Mr. Ronald MacLean stated that he has been reading a lot in the papers about the Town of Caroline, Nvhich looked into and now has purchased some wind power, which he believes private citizens also do . He personally feels that this is something that individuals as well as municipalities should be looking at and he proposes that the Town of Ulysses at least look into the possibility of taking a chunk of their energy requirements and see what it would take to put some into wind power. Mr. Austic has talked to Supervisor Barber of the Town of Caroline and it cost them about $2, 500 to do that and he told Mr. Austic that it was all by donation that the Town didn' t have to increase appropriations . Mr. MacLean feels if it was publicized there would be enough interest and people would be willing to contribute . Mr. Austic will review the Town ' s bills and look into that. TOWN REPORTS Highway Superintendent James Meeker reported that the highway department cleaned up after a wind storm, replaced the road crossing pipe on Cold Springs Road, cleaned ditches on Cold Springs Road, VanDorns Corners Road, and Terrell Road. The trucks have all been repaired and NYS Inspected, and all the equipment has been washed and waxed. They have also been hauling stone, cutting brush, salt and plowing when needed . Mr. Meeker reported that the Town of Ulysses will not be plowing the south ends of Waterburg Road, Halseyville Road and Podunk Road from Perry City to Iradell Road, because ToMpkins County Highway Department has added on more trucks and will take these sections over for plowing. Mr. Wertis asked about the petitions from Searsburg Road residents about reducing the speed limit. Mr. Meeker stated that the State has approved a reduction from Rt. 227 to Curry Road and it will be posted at 40 MPH and the signs will be installed by the County Highway Department. Ms . Marino asked about the correspondence from the concerned citizen in regards to Krums Corners Road. Mr. Austic asked her if she had received the copy of his response to the resident and a copy of what the State had written her. He told them that the State is investigating the situation where in some cases they put a sign stating a NYS intersection ahead so at least you would realize it is a major road. Mr. Meeker had previously checked out the signage and the road is already up to State specifications . He feels that it is adequate and the more signs put up the less attention is paid. Code Enforcement Officer Alex Rachun reported that five (5 ) permits were issued for additions . Mr. Rachun stated that he does have a map of the Town of Ulysses in his 1 Regular Town Board Meeting 9 December 14, 2004 office where he has pin pointed the new residents from 2002 to present . This gives anyone an idea of where the new development has been for the last three years . Town Clerk Marsha L . Georgia reported that for the month of November a total of $4 ,355 . 47 was collected and of that $ 713 . 01 was turned over to the Supervisor with her monthly report. A total of $ 1 , 015 was collected for water fees . Ms . Georgia has reported to Mary Mills at Tompkins County Assessment 370 . 3 EDU units for Water District #3 that will be charged on the 2005 Town and County Tax bills . Last year it was 369 . 3 but actually the increase is not from new homes but was a reduction of 3 EDU ' s to 1 EDU at Spike ' restaurant on Rt . 96 because it was converted to a single-family home and the addition of three vacant lots on Honey Bee Lane. Ms . Georgia reported that the second water billing was just completed and mailed and • 126 residents were billed for a total of $ 3 ,200, which is less than the last billing, because the last billing was for more than the three months for many residents . Several new house numbers have been issued this month, which is over thirty for the year. Ms . Georgia has received over 145 requests for special handling of tax bills such as calling with figures so that payment can be made in this year' s business, new addresses, and parcel splits . Ms . Georgia stated that at last months meeting it was discussed about the additional lands owned by the Town of Ulysses were discussed . Ms . Georgia did an inventory and distributed maps of those locations , which turn out to be the one parcel on Route 227 and the two parcels just outside the Village of Trumansburg on Cayuga Street. BOARD MEMBERS AND COMMITTEES Ms. Marino reported that she attended the Tompkins County Water Resources Council meeting which she is the representative . Ms . Marino stated that Jason Haremza who had come to the Town to talk about the Fingerlakes Genesee Regional Planning Council project and the Town ' s participation, which the Town ' s Stormwater committee grew out of, was giving an update to the Council on the status of their work in Phase 2 of the project. The Town of Ulysses is actually one of the most active Towns that they are working with and Mr. Haremza highlighted some of the things that the Town of Ulysses is doing in his report. Mr. Haremza reported that the projection is that Phase 2 part of the project, where they are trying to help municipalities come up with ordinances for MS4 is going to wrap up in the Spring 2005 and not January. So that will give the Town of Ulysses a little more time also . Also at that meeting the Council has a subcommittee that is working on an ordinance for stormwater. Ms . Marino stated that it sounded like they are trying to make it really comprehensive so that municipalities could work off of it and use pieces that are applicable for their areas, and they thought it may be done and distributed by the end of December. Ms . Marino also attended the Tompkins County Municipals Officers Association Planning Committee meeting, which she would encourage anyone to attend because there are a lot of dynamic and energetic people thinking about things in relation to zoning and planning. Ed Marx the Planning Commissioner made a lot of good comments. At the next meeting they are focusing their discussion on affordable housing in rural areas and some of the issues we all are grappling with. Ms. Marino also had a meeting with Mr. Coogan and Sharon Anderson from the Cayuga lake Watershed Network and Monica Roth and they were talking about trying to get a focused discussion and working group going to try to explore some of the zoning or other land use approaches that might be used for rural areas particularly the agricultural one that all the municipalities are grapping, including ideas about apparitional frontage and purchase of development rights . This makes sense to interface with the municipal officers planning group . There is interest in getting different municipalities representatives working on brain storming some of these ideas because everyone is grapping with it at some level and there is a lot of information out there. An early February meeting is trying to be put together. Regular Town Board Meeting 10 December 14i 2004 Mr. Coogan stated that there is going to be a workshop on January 27th put on by Cooperative Ext. that will apply directly to that. Ms . Marino stated that along with John Wertis and David Means of Ulysses Planning Board and Mr. Austic, she attended the presentation by Bob Summers of NYS Ag and Markets did on zoning and the Right to Farm Law and what municipalities can and cannot do . Mr. Summers is very good and very informative and knowledgeable, and he is a good resource if people have questions . Ms . Marino has his power point presentation if any one wants it. She can show it or she can email to anyone . Mr. Summers really stressed working with both farmers and municipalities when there is conflict with local ordinances and the Right to Farm Law. Mr. Summers said in almost every case, they have come to sort of a resolution when there has been some sort of a conflict between local zoning and the farmer' s issues and have never had to sue a town. Deputy Supervisor Richard Coogan stated that they had the joint meeting with of the Transportation Council between the policy committee and the planning committee and Mr. Coogan has a copy of the 2025 long-range plan and summary of responses comments to the plan. One of the things they are looking at is the transportation corridor and one of the things they are targeting 2005 are building new Park & Rides . Supervisor Douglas Austic reviewed his Supervisors Report and stated that there are some individual accounts that are over but however if you go to the total of each fund you will find that the actual budget is still under budgeted on all funds and in addition the revenues area more than anticipated. In general the budget is in good shape . Another thing is that not all the revenues have been received and will not be received until late January; they are sales tax and mortgage tax . No questions were heard . Deputy Supervisor Richard Coogan stated that he has invited Rebecca Schneider who is on the Ulysses Stormwater Group to come in and give a brief description of what they are working on because primarily she is the one who has done most of it . One is the non- regulatory information piece, which is something they are looking at for doing for homeowners who typically do not fall under stormwater regulations . This would not be part of the zoning ordinance, it would be something different . The other item is to have Rebecca explain a little bit about the stream buffers . Ms . Schneider stated that it has been a pleasure to be working with this committee. The two pieces that the committee is actively working on is first the educational piece to new homeowners, which are a key group who do not know what to do about or what their options are for keeping more of the water on their property so it is not heading into our streams andcausing erosion and leading to problems with water quality. Ms . Schneider had a mock jup of what the committee has put together and the final should be ready in January. This is basically a check list of options, very simply what a new home builder could do such as changing the gutter design or redirecting the gutters into slow depressions, very simple strategies up to a complex one and than it is accompanied by color codedjby types so they can do things with their building design, landscaping, driveways a'nd walkways and things to think about specifically during construction. Than another color coded single sheet non-comprehensive description of what the strategy is and a little bit of information on what it would cost to use that strategy, how much it could save them or a comparison to what they are currently using. The Ulysses committee presented it to the Tompkins County Inter-municipal Organization and the Stormwater! Group and they are all very interested and actually some funding is available . Ms . Schneider has some money through a grant she has that she will use to pay for a good share of these that will be made for Ulysses and then they can be distributed here. Other towns, Sharon Anderson and Kate Hackett with Tompkins County Planning have all expressed interest, and they all may put up some money to print additional copies . The one thing is that the committee has not found is a way to evaluate success , other than the fact they copies may disappear, given out but it sure would be nice to be able to see if the homeowners have been using them . Maybe a mail in to get more information or options, or a way to get some kinds of incentive, maybe get a coupon or something. That is what the educational piece is targeting that specific group , new homebuilders. Regular Town Board Meeting 11 December 14, 2004 The second piece the committee is working on and this has come out of their discussions about stormwater for the MS4 . They have been focused on the MS4, but that is not all and through the discussions they feel they could help evaluate problems that lead into the MS4 if you look at these other strategies . The other biggie is the issue of streamside protection and briefly healthy streamside that are woody with trees and scrubs stop flood water, they stop erosion, they grab sediment from coming off, collects sediments, they filter ground water, and catch phosphorous and nutrients, trap them there, so all of these benefits of stream sides are vegetated and get there are no laws right now to protect stream sides unless they are legally wetlands . So the committee is putting together a draft like ordinance so that if you are a new homebuilder we would like to specifically target anyone getting a building permit and any kind of building change, where if are planning on building that you would have to follow some requirements and you can ' t build next to a streamside you have to leave it vegetated . The committee is now trying to develop the guidelines . Right now they are thinking about 25 feet next to what is called an impermanent stream, those are seasonal streams, ones like along Route 89 where you don ' t see them but when it rains and in the spring time they are running nonstop and than for everything bigger than that will pretty much be at 50 foot buff on each side. The next time the committee meets they will look at the streams and see what the streams are and come up with a reasonable buffer so they will look at tax maps and see how it really effects us, look at where these streams would be and these buffers would be . Mr. Coogan stated that one thing they are looking at is in the new zoning ordinance that we are reviewing right now is that when it talks about buffers we tend to talk about a buffer from a visual siting so you do not see something we do not use the term buffer to talk about saving the streams , so the committee maybe coming in with a recommendation to look at defining two different kinds of buffers . The Board commented on the mock up of the educational material and what a great product . Ms . Marino asked Ms . Schneider if she knew about what one of the educational brochures would cost and she replied that she figures around $2 . 00 and if she does it in house maybe down to $ 1 . 50 . Ms . Schneider feels if the program were successful the money would not be hard to find. Mr. Rachun suggested that the building departments distribute the brochure. ACCEPTANCE OF TOMPKINS COUNTY COMPREHENSIVE PLAN Supervisor Austic asked if everyone had read the Tompkins County Comprehensive Plan? Ms . Marino stated that she had not read it in complete detail ; she has read parts of it in earlier drafts and has attended public hearings on the plan . Mr. Austic was just checking to make sure everyone is familiar with it. Mr. Austic has read it several times and was originally involved when it started with the Intermunicipal Association. Tompkins County does understand that they cannot do zoning; this is not a zoning comprehensive plan. The only thing Mr. Austic sees that could be a disadvantage is , even though they cannot zone, they could if there was a project that did not completely mesh with their plan, give a negative ruling on a 239 l &m request . Ms . Marino stated that the plan is pretty broad sweeping and have put a lot of effort in the plan. Mr. Ellis stated that he probably missed place it in his paper storm, but what specifically is the County asking the Town Board to do? Mr. Austic stated that they are asking the Town Board for endorsement of the Comprehensive Plan for Tompkins County. Regular Town Board Meeting 12 December 14, 2004 Mr. Penniman pointed out the County has had extensive public hearings on the Comprehensive Plan. Ms . Marino moved, seconded by Mr. Ellis the following : WHEREAS Tompkins County has done a lot of work on their Comprehensive Plan and, WHEREAS the Tompkins County Comprehensive Plan is in line with the Town of Ulysses Comprehensive Plan so, THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses endorses the Tompkins County Comprehensive Plan. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. DATE FOR BOARD OF WATER COMMISSION MEETING I Supervisor Rustic announced that there was a need for the Water Commission to meet very briefly for their annual meeting. The Board unanimously agreed that Friday December 17, 2004 at 8 AM would be a good time. DATE FOR PUBLIC HEARING ON ZONING ORDINANCE Mr. Austic asked should the Town set a date for a Public Hearing on the Zoning Ordinance? It was the general consensus of the Town Board to put a good faith effort to have a final draft of the Zoning done by March 15th, 2005 and tentatively set the Public Hearing for April 4th, 2005 . So therefore six to seven meetings may finish up the review . The Board will check their schedules and come up with dates to review at the December 17th, 2004 Water Commission meeting. Mr. Austic will contact George Frantz for his schedule also . The Board also discussed the public input at the work sessions of the Zoning Ordinance . Although they encourage public input at anytime the Board discussed the interaction of the public and how it slows down the review process . It was suggested that in the beginning of the meeting establishing a set period of time total that people can say why there are attending and another period at the end to comment on the discussion that they have heard . The other suggestion is encourage people to bring written comments and also to provide clipboards and paper for comments that evening with a sign in sheet for attendance . PLANNING BOARD CONSIDERATION Mr. Austic stated that several people have expressed interest in the Planning Board vacancy and also the EMC ; Lucia Tyler and David Lessinger for EMC and Krys Cail , and Darien Simmon, also there are some people who previously applied which will be contacted to see if they may still be interested. Also Lorren Hammond the present Planning Board member, whose term is up, is requesting to be re-appointed . Mr. Austic stated that the new applicants should be interviewed sometime before the Board makes a decision. Regular Town Board Meeting 13 December 14, 2004 Ms . Marino stated that it seems to her that the Board may want to discuss the reappointment of Lorren Hammond first and than if the Board decided not to reappoint Mr. Hammond then interview the Planning Board people . Ms . Marino thinks it should be separated . She feels that there are issues about having a currently sitting person continue or not or whether they meet a useful need in making sure that the Planning Board is pretty broad base; continuity is a huge issue, it is a huge learning curve . Mr. Austic stated that is true but he would like to know whom these people are and what they have to offer. Mr. Ellis would like to do a shorter interview this time, maybe 20 minutes . Mr. Austic invited John Wertis, Planning Board Chairman to attend the interviews ; no one had a problem with that. The question came up as to whether Mr. Hammond resides in the Town of Ulysses . Ms . Marino stated that she has been thinking about and going to Planning Board meetings and we have several very good applicants but she still has a hard time arguing against re-appointing Mr. Hammond because he is vested in the Planning Board and is up on the top of the learning curve and knows what it is about and is willing to keep the commitment going. Also he is relativity young as Board members go and he has a business in the Town, and Ms . Marino thinks he represents a reasonable piece of the population; that is if he lives in the Town. Mr. Wertis stated that he was going to compile a list of absences, but they are rather loose absences ; if any one calls in and states they have to go somewhere than they are excused. Mr. Ellis stated he thinks Mr. Wertis should put that list together. The general consensus ,was to interview and a tentative date of January 8 , 2005 was set to start the interviews at 8AM . Mr. Coogan suggested that to save time it might not be necessary to interview the candidates that the Town Board already know . Everyone knew Krys Cail except for Mr. Scott. Mr. Ellis stated that he does not see any problem saying to people that they already know that the Board will wave the interview . ACCEPTANCE OF ROAD AT TRUMANSBURG APARTMENTS Mr. Austic stated that before the Board discusses the road he announced that the owner of the Trumansburg Apartments, Mr. Quinn is coming back to the Village of Trumansburg to talk with their BZA for a variance . The reason is that his original plan when he originally discussed it with the Village several years ago included a sidewalk. Originally the Town said fine that he was going to build a road and a sidewalk. Since that time other considerations have come along and the Town Attorney looked into the liability of the Town in the right-of-way. Mr. Wilson stated that if a sidewalk was installed it would be a Town responsibility to maintain and also the sidewalk runs to Route 96 and not another sidewalk and this in itself raises issues . Mr. Austic stated that once the road is dedicated to the Town the school bus will drive down into the housing complex and the children will not have to walk out to Route 96 . Also Mr. Quinn has talked to Tom-Tran and if he builds a turn around the bus will go down in there. Regular Town Board Meeting 14 December 14,' 2004 The general consensus with the Town Board was that the Town does not want the sidewalk on the road-right-of-way. Mr. Ellis believes Mr. Quinn should negotiate a right- of-way with the property owners where the utilities are and bring the sidewalk in that direction. Mr. Austic will send a memo to the Village stating why the Town does not want the sidewalk in the Town ' s right-of-way. Mr. Wilson stated that before the Board could act on the road dedication an Environmental Review is necessary. Ms . Marino questioned why this review was being done after the road was completed . Mr. Wilson stated that the only consideration of the Board for this SEQR was whether or not the road should be dedicated, not anything to do with the actual impacts of the road. Ms. Marion questioned whether any SEQR was done before the road was contructed ; she was told it was not, as it was a private road . Ms . Marino objected to this process and what seemed like a subversion of environmental review, as the developer and the Town and the Village knew the road would be turned over to the Town and not stay a private road . p The Board reviewed the Full Environmental Assessment Form Part 1 that was previously filled out by the developer. The Board went through Part 2 questions 1 through 17 were answer no to # 18 Will Proposed action affect public health and safety? Answered Yes and under other impacts stated : Due to the Town of Ulysses maintaining and plowing the road it would increase public health and safety. Questions # 19 and 20 were no answers . Having completed the review of Part 2 Mr. Scott moved, seconded by Mr. Weatherby the following: WHEREAS , William J. Auble, an owner of certain improved property in the Town, has asked to formally dedicate a roadway for public use and ownership ; and WHEREAS , said proposed public roadway is within the Town of Ulysses, services apartment buildings located in the Village of Trumansburg, and is proposed to be called "Meadowview Drive " and "Parkside Drive"; and WHEREAS , the roadways in question was built to Town specifications, and the Town Engineer and Town Highway Supervisor have reviewed and examined such roadways, and deem the same fit for public dedication; and WHEREAS , the documents necessary to approve such roadways dedication have been reviewed and approved by the Town Attorney, or will be so approved prior to the filing of the same ; ' and WHEREAS ; a road dedication triggers review under, and is subject to , the New York State Environmental Quality Review "SEQR"), Article 8 of the New York State Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations; ("NYCRR"), and is a Type I action pursuant to NYCRR 617 . 5 ; and WHEREAS ; as there are no other involved or interested agencies and the proposed action is wholly within the Town of Ulysses, the Town Board of the Town of Ulysses was duly designated as the lead agency for conducting an environmental review of the proposed project ; and WHEREAS , the Town Board, having conducted a State Environmental Quality Review, having reviewed and completed an Environmental Assessment Form, and having reviewed the proposal in light of the Town's zoning and building policies and the Town's Comprehensive Plan, and after due deliberation thereupon, the Town Board having made a negative declaration of environmental impact; and Regular Town Board Meeting 15 December 14, 2004 Comprehensive Plan, and after due deliberation thereupon, the Town Board having made a negative declaration of environmental impact ; and WHEREAS , upon due deliberation upon all relevant matters, it is hereby RESOLVED AND DETERMINED , that the project complies with the requirements of SEQR, and the Regulations promulgated there under, and the Town Board, as lead agency, hereby makes a negative declaration of environmental impact. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis abstained Adopted. Mr. Scott moved, seconded by Mr. Weatherby the following : WHEREAS , the Ulysses Town Board has previously agreed with the Village of Trumansburg that a Town public road from NYS Route 96 (Main Street) to a new housing development in the Village of would be mutually beneficial ; and WHEREAS , the construction of said road is now complete, being at present along a private right of way across premises owned by William Auble who has offered to deed same to the Town allowing public access to the Village housing development as more particularly shown on the attached legal description and map incorporated into the resolution by reference hereto ; and WHEREAS , the Town Highway superintendent has by letter of December 9 , 2004 notified and certified the purposed public roads meets all highway standards set by the State and Town Laws as to construction; and WHEREAS , the Town attorney for the Town of Ulysses has represented to this Board that the real estate title is satisfactory and that the property can be transferred to the Town by road dedication from William Auble to the Town ; and WHEREAS , the attorney for the Town has reviewed the legal documents needed to transfer said title inclusive of map and description for the proposed dedication and is satisfied as to their accuracy; and WHEREAS , the Board issued a negative declaration is it ' s SEQR review of the proposed dedication of the existing improved roads ; and WHEREAS , the Town Board has reviewed the proposed road dedication and finds same in public interest; NOW THEREFORE IT IS HEREBY RESOLVED , the Ulysses Town Board hereby accepts said road as referenced and authorizes the Town Supervisor to sign all documents connected therewith to transfer title to the town; and FURTHER RESOLVES , to authorize the Town Highway Superintendent to take all action to place same on the Town highway map and notify all parties as required by law and to maintain and repair as needed said road as a public way of the TOWN OF ULYSSES ; and FURTHER RESOLVED , that the attorney for the Town is directed to file all title documents, when in his possession, inclusive of deed with the Tompkins County Clerk and inform the Highway Superintendent and Town Supervisor upon filing thereof and transfer of title. FURTHER RESOLVED , that the northeasterly road portion is hereby named Meadowview Drive and the southeasterly portion is hereby named Parkside Drive. Regular Town Board Meeting 16 December 14; 2004 Mr. Ellis wanted it on record that the Town needs to be careful, if the Town were doing a bigger road than this road that has more difficult conditions than this road, Mr. Ellis would be very concerned not to have professional engineers involved who become along with the Town responsible for problems . In the case of this road all of the responsibility is with the Town and no one else . Mr. Austic stated that he did not think an engineer would take on the responsibility. Mr. Ellis stated that they stamp it and they have professional liability insurance . Mr. Ellis went on to state that for the rest of it he is disappointed with the Town Board and is not happy to be part of this action and could have been done better. If there had been an action by the Town Board instead of a memorandum it would have changed the whole natureiof the proceeding and would have been a SEQR review and public input and all kinds 'things . Mr. Austic stated that just because there would have been a motion for a memorandum of understanding not a legal action to take the road. Attorney for the Town Bruce Wilson stated that a motion for a memorandum of understanding is not a legal contract . Mr. Ellis is saying in lieu of a motion for a memorandum of understanding there could have been a motion of the Board saying that the Board supports this action and so forth, at least then it would be an act of the body and therefore have SEQR. Mr. Wilson said that might not have been the case but you may have a condition to do SEQR review at the construction stage. Mr. Ellis does not understand that and probably will not vote against it because how do you vote against providing public access to people already living on a road . Mr. Meeker stated that anyone can offer to dedicate something to the Town, it does not necessarily mean the Town has to except the dedication, so if you don ' t want it just say no . Mr. Ellis states that they could say no but in that case what we would be doing is denying people excess . . Mr. Wilson stated that if the Town did not take the road the developer would be responsible to maintain the road but the school buses would not go down the private road . Mr. Austic asked if there was any further discussion and called for a vote . Ms . Marino labstained because she felt she did not have time to fully review all the documents and was not on the Board and so involved at all in the early procedures . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino abstained Mr. Ellis aye Adopted. Mr. Meeker stated that before the Board moves on he would like to straighten something out especially to the two new Board members . Mr. Meeker stated that if the Board does not think sometime that he is competent enough to do or build a highway he is going to tell you that he will bet you money within a matter of ten minutes he can get an engineer from Tompkins County Highway up here if he had a problem or don ' t understand something. That is the same procedure that the County does, if they are civil engineers and doesn ' t feel adequate they would go somewhere else . Mr. Meeker stated that if he Regular Town Board Meeting 17 December 14, 2004 something. That is the same procedure that the County does, if they are civil engineers and doesn ' t feel adequate they would go somewhere else. Mr. Meeker stated that if he felt that there was a problem with him looking at the base or discussing the drainage or getting that road so it will work he would go to another engineer and if he did feel that he was competent than Mr. Meeker would come to the Town Board and say we should hire an engineer. Mr. Meeker states that he does have an option that he has when he has a question in his mind, but a simple project such as this road and as many years as he has been doing and as much highway building as he has seen, he has been to Cornell Local Roads Program for twenty plus years and he states that he knows how to build a road. OTHER Audit Mr. Austic stated that in reference to an audit it makes no difference to him if the Board wants to do an audit but his point is to spend 3 to 5 per cent of the tax money that is being taken in this year to do that if he can get it done for free. Mr. Ellis stated that he felt Mr. Scheon pointed out a SMART audit that is something done by the State and is shorter version. Ms . Marino was concerned about the time it would take to get a State audit . Mrs . Georgia has been through both State audits and independent audits and because the records are up-to-date neither one takes that much time. Mr. Weatherby stated that the Board has a responsibility to the taxpayers not to spend unnecessarily and if you can get an audit free why not . Mr. Scott agrees . Mr. Austic can ask the State about a Smart Audit . Ms . Marino stated that she would like to see an independent _audit and see the Town begin the assessment on the assets that Mr. Scheon was talking about. Mr. Austic stated that Mr. Scheon is not going to get into the assessment of the assets for that $ 7000. Mr. Wilson stated he stated it would be procedure. Ms . Marino understood for the cost of $ 7000 he would do a full GAAP audit, which included that. Mr. Coogan corrected her and stated that what Mr. Scheon stated was that they would guide the Town through the assessment of assets . Mr. Austic stated that he knows the GASBY, it is four years away from the Town of Ulysses at this point and he has already figured about getting a consultant to come in and • figure out the value of roads, etc . and since that time everyone balked and in the meantime the State has changed their thoughts and will let the Towns start at this point and go from there, because no one could figure out how to establish what a road culvert crossing value would be today. So if you start now and go ahead you know what is here, we know what the water district costs, we know what the highway spent fixing the roads so we could start there at 2004 and not go all the way back. Ms. Marino stated that she does not advocate going all the way back . Mr. Austic stated that could be done with out anybody ' s help . Ms . Marino asked if that was going to be done. Mr. Austic said he could do that but he does not think the auditors would do that, they are going to ask what it is worth and put it on a piece of paper. ,� �..._. ., Regular Town Board Meeting 18 December 14, 2004 Mr. Ellis stated that he feels that if the Town goes with Mr. Scheon ' s firm it will be the least burden Ito deal with the audit and it also from the point of public responsibly probably the thing that most satisfies the public, which cost $ 7000 . The alternative is have the State come in and do it for free, if the simple State free audit is as good as it might be then with it comes the burden to tell the State what the Town wants it to do, which is kind of like the Agreement of Service. Mr. Austic states than he will have to find out what a SMART audit is . Ms . Marino questioned the Town Law on annual Town Board audits due within 60days of the close of the year. Mr. Ellis pointed out that the Town has to go ahead and audit in accordance with the law and since the Town can not get an accountant to do it in accordance to law, because they do it afterwards and that is what Mr. Scheon was explaining. That the Town Board would have to go ahead and do their procedure, the accountants procedure is not going to replace the Board ' s procedure because the Town has to satisfy the law and than after that the accountants could do there thing and finish within five months or so . Ms. Marino stated then it is the law that untrained people have to certify that the books are in order. She feels that is not how she is reading the law . Mr. Wilson stated that the Town by stature has to do their part within the 60 days and when you do! an external audit they go through the books in their own ways and they cannot do that until the books are closed. Mrs . Georgia, stated that it is the Town Board ' s responsibility to know the ins and outs of all the departments . Mr. Austic can provide a form from the State, a checklist of what the Board is to review at the annual audit. PUBLIC COMMENTS No public comments were heard . CORRESPONDENCE Previously discussed . ADDITIONAL ITEMS Mr. Austic stated that in the past the Town Board has approved gift certificates for the full and part time employees , Zoning Board and Planning Board members, and Town Historian. Ms. Marino moved, seconded by Mr. Ellis the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approves the gift certificates at the same amount as last years . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted . ADJOURNMENT i Regular Town Board Meeting 19 December 14, 2004 ADJOURNMENT Hearing no further business Mr. Scott moved to adjourn, seconded by Mr. Weatherby. Unanimously approved and meeting adjourned 10 : 35 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mg 4 i