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HomeMy WebLinkAbout2005-01-11 - TB TOWN OF ULYSSES REGULAR TOWN BOARD MEETING JANUARY 11 , 2005 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 . Others Present: Code Enforcement Officer Alex Rachun, Attorney Bruce Wilson, Rose Hilbert, David and Susan Means, Don Schlather, Ruth Kahn, Joan Ormondroyd , Thomas Prisloe, Jean Taylor and Kerrie Frisinger, Ithaca Journal Reporter. 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 Town Board Meetings of November 9, 2004 and December 14, 2004 — Special Town Board Meeting (Bid Opening) of December 21 , 2004 Ms . Marino asked for the Regular Town Board Meeting of December 14, 2005 to be tabled until the next meeting because she was not able to adequately review them . Ms . Marino provided her corrections and changes to the November 9 , 2004 Regular Town Board meeting and moved for their approval along with the Special Town Board meeting (Bid Opening) on December 21 , 2004, seconded by Mr . Scott . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted. APPROVAL OF CLAIMS Mr. Ellis moved, seconded by Mr. Weatherby to approve the previously examined 2004 vouchers #669 through 711 in the amount of $32, 336 . 62 . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. Mr. Scott moved, seconded by Ms . Marino to approve 2005 vouchers # 1 through 15 in the amount of $65 ,483 . 83 . 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 . Regular Town Board Meeting 2 01 / 11 /2005 Planning Board Report, Chairman - Chairman Wertis was out of town. Mr. Austic sated that he had spoken with Chris Thomas the Village of Trumansburg Chair of ZBA and that Mr. Thomas asked to speak to the Town Board at the February Town board meeting in reference to the sidewalks at the Trumansburg Apartments on Route 96 . TOWN REPORTS Highway Superintendent James Meeker reported that the highway department has been hauling stone, plowing and salting as needed . In addition, the highway department is working on the old grader. As part of this work, Mr. Meeker has purchased used tires to replace the ones currently on the grader. Mr. Meeker thanked the Town Board for the gift certificates at the Shur Save on behalf of himself and the crew. Mr. Meeker had provided the Town Board members with copies of the snow plowing and salting contract between the Town of Ulysses and the County Highway Department. This contract details the agreement and financial compensation that the Town of Ulysses receives for plowing the County roads . Mr. Meeker informed the Town Board that his part-time wingman resigned and moved to Arizona. MI) said that he has hired Lee Scott to fill this vacancy. Prior to hiring Mr. Scott, MI(. Meeker confirmed with Attorney Wilson that there was no legal problem having a Town Board member work for the Highway Department. Attorney Wilson stated that he had researched the issue and there is no legal problem . Mr. Meeker reported that the title and deed have been filed on the new roads taken over from William Auble. Mr. Meeker said that his crew is now taking care of the roads and that the school bus is going into the complex to pick up and drop off the school children. APPROVAL OF 2005 HIGHWAY IMPROVEMENT PLAN Mr. Weatherliy moved, seconded by Mr. Ellis the following agreement : i AGREEMENT between the Town Highway Superintendent of the Town of Ulysses, Tompkins C lunty, New York, and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that the moneys levied and collected in the Town for the repair and improvement of highways , and received from the State for State Aid for the repair and the improvement of highways, shall be expended as follows : 1 . GENERAL REPAIRS. The sum of $45 , 000 shall be set aside to be expended for primary work and general repairs upon 36 miles of Town highways, including sluices, culverts, and bridges having a span of less than five feet and board walks or the renewals thereof 2 . PERMANENT IMPROVEMENTS . The following sums shall be set aside to be expended for the permanent improvement of Town highways : a. On Cold springs Road, commencing at Halseyville Road and terminating at Podunk Road for a distance of 1 . 4 miles, there shall be expended not over the sum of $ 108 ,000 . Type : Cold Mix Pavement Width of traveled surface : 20 feet Thickness : 2" + or - Sub-base : o .k. except for hill area needs 4" tile line to drain out water trapped under surface. Regular Town Board Meeting 3 01 / 11 /2005 Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. Code Enforcement Officer Alex Rachun gave his annual report as follows : The Town of Ulysses had another busier than average building year in 2004 . A total of 71 building permits were issued . Of these, 19 permits were for new single-family dwellings, 27 permits were additions or alterations to single family dwellings, 16 permits were for accessory buildings, and 9 permits were for commercial projects . Construction cost for all permits totaled $3 , 869, 500 . For those houses built in the Trumansburg school district, capital assessment grew by $2 ,641 , 500 . Average cost for a new single-family house was $ 185 , 600, with the high end at $ 800,000 and the low end at $ 75 ,000 . Of the 19 new house starts, eight were site-built, 10 were modular, and one was a double wide manufactured house . Of the new starts in 2003 , only four were site-built. Two major commercial projects started in 2004 ; Palmer pharmacy, located next to Shur- save, opened in September and Flo-Tech moved to its new facility on the corner of Halseyville and Trumansburg roads . Flo-Tech's final certificate is pending driveway approval by Tompkins County DOT . . The Board discussed the situation with the driveway entrance at its present location and felt it was dangerous . Mr. Meeker will contact the County Highway to discuss the driveway situation. Mark Hasson, who has filled the position of my assistant, has been working out very well . He is a certified fire inspector and thus has helped out with commercial fire inspections as well as processing zoning violations . Our bi -annual multi-unit dwelling inspections are current and our annual commercial fire inspections were completed in December 2004 . The Office of Building and Zoning now has a map of the Town of Ulysses with the following information : subdivisions from 2001 -2004 and housing starts from 2002 -2004 . You may want to take a look at the growth patterns and see how they relate to the Comprehensive Plan. Town Clerk Marsha L. Georgia reported that a total of $ 1 , 894 . 50 was collected for the month of December. Of this amount $ 527 . 51 was turned over to the Supervisor with her monthly report for the Town and another $ 783 . 00 was turned over to the Supervisor for Water District fees . Mrs . Georgia reviewed her yearly report. Mrs . Georgia said that she is currently collecting taxes and has paid Supervisor Austic $200, 000 on the 2005 Tax Warrant . Board Members and Committees Ms. Marino reported she attended the Water Resources Council meeting. At this meeting the WRC said that they are sending out the draft Stormwater Law . This draft is a generic template that municipalities may use to help them come up with the law for MS4 and may use for a guide to with. This will be sent out soon. The other announcement was the Cayuga Lake Watershed Network is planning a couple of programs ; one is well safety class and testing program and the other is a septic safety and pumping program . All programs are open to anyone but only Tompkins County residents are eligible for the discounts for testing and pumping. Funding for these programs is through the Tompkins county Health Department . The network is looking for venues in rural areas to host these series of programs . They will be sending around information to the municipalities . Regular Town; Board Meeting 4 01 / 11 /2005 Ms. Marino said that she had received, as the Planning Board liaison a letter from David Tyler recommending having training on Stormwater Regulations for Planning and Town Board members . Mr. Coogan stated that there are two training sessions coming up , one he thought January 24th and the other one February 28th. Ms . Marino asked that this be tabled for the next Regular Town Board meeting. Supervisor Austic reported that he has not completed the Financial Report because he has not received all of the bills . He further stated that once all the bills are received and the Financial Report completed that he will put a copy of the report in each Board Member' s mail basket. This should happen within the next several days . Mr. Austic said e, that he will b starting the Annual Financial Report that is due to the State. Deputy Supervisor Richard Coogan had nothing to report. OLD BUSINIESS Court Bench Mr. Austic reviewed the bids received for the Court Bench. The lowest bid received was from Ithaca Millwork in the amount of $ 19 ,950 . Mr. Ellis stated that he attended the meeting with Ithaca Millwork and feels that the bench is an important element in the courtroom and should be done in a very professional way. Mr. E11i1 s said that he is a little displeased with the metal detector that the court has installed and would be willing to help figure out a better way to install it. Mr. Ellis moved, seconded by Mr. Scott the following : BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the bid from Ithaca Millwork in the amount of $ 19,950 and $ 1 , 500 for the design for a total of $21 ,450 . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted . Mr. Ellis mooed, seconded by Mr. Weatherby the following : NOTICE OF ADOPTION OF A RESOLUTION subject to a Permissive Referendum for withdrawal of monies from the General Capital Reserve Fund for the purpose of the construction of a Courtroom Bench in the Town Hall an amount not to exceed $23 ,000 Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. A resolution will also have to be advertised subject to a Permissive Referendum . Mr. Wilson will draft a contract with Ithaca Millwork to protect the Town. Regular Town Board Meeting 5 01 / 11 /2005 Audit Mr. Ellis stated that he thinks the Town has the responsibility to see that from time-to- time the Town invests in having an outside entity look at the financial records of the Town. He said that it has been ten years since the last audit. Mr. Ellis made the motion to hire C . D . L.M . to do an audit, which they call a Regulatory Basis Audit. This is the one that does not include the GASBY . Mr. Ellis stated that the auditing firm of C .D. L. M. did caution the Town that they had never down a Regulatory Basis Audit but the other choices that they gave the Town are either too expensive or too time consuming. Ms . Marino seconded this motion. The firm of C .D . L. M. did not provide a price range for this type of audit because they had never done one before. C . D . L. M. informed the Board that they would perform a Regulatory Basis Audit on a time and material basis . The Board felt it could range from $ 8000 to $ 10,000 . The Board further discussed the hiring C . D . L. M . versus asking the State to come and audit for free. Mr. Austic had talked with the State and was told they could do an audit . Ms . Marino talked with the State and feels that they told her that most likely they would not have time to do an audit. Mr. Austic called for a vote. Mr. Austic abstained Mr. Scott nay Mr. Weatherby nay Ms . Marino aye Mr. Ellis aye Resolution failed. The Board continued to discuss State free audit versus hired audit. The Board discussed putting a motion on the floor to ask the State to perform an audit and give the Town a date for such audit . The Board discussed asking C . D . L. M . when they could perform an audit. Many questions were discussed. No motion was heard. Mr. Austic suggested Mr. Coogan contact the firm of C . D . L.M. and ask them what they think about the Regulatory Basis Audit and when they could do this audit and how much it would cost . Mr. Austic will call the State as to can they do an audit and when could they come . Ms . Marino stated that she would call the State . NEW BUSINESS Firm Up Dates and Times for Zoning Review A list of tentative dates was previously distributed to the Town Board. The Board firmed up three dates for Zoning Review meetings . Ms . Marino had previously asked if George Frantz was available to attend these meetings and also a couple of the meetings should include the Planning Board. The following are the three dates firmed up : Regular Town Board Meeting 6 01 / 11 /2005 January 12 , 2005 6 : 30 PM January 20, 2005 8 : 00 AM January 25 , 2005 6 : 30 PM Mr. Austic will notify George Frantz of these dates : The tentative dates are as follows : February 1 , 2005 February 17 , 2005 February 9 , 2005 February 22 , 2005 February 15 , 2005 Planning Board Appointment Mr. Ellis stated relative to the request of Lorren Hammond to remain on the Planning Board. Mr. Ellis went on to state that Mr. Hammond has spent nearly seven years serving on the Planning Board and has requested to serve on the Planning Board and Mr. . Ellis feels the 'only way not to reappoint Mr. Hammond would be if the Board had cause not to reappoint . Mr. Ellis moved, seconded by Ms . Marino to appoint Mr. Hammond to the Planning Board for a term of seven years . Ms . Marino read into the record letters strongly supporting Lorren Hammond continuing because of his experience with the Planning Board from Margo Chiuten and David Tyler. Letters from Rose Hilbert and David Means were also received in support of Mr. Hammond. Ms . Hilbert and Mr. Means were in attendance and they expressed their support to the Board. Ms . Marino strongly supports Mr. Hammond ' s reappointment . Letters on file in the Town Clerk' s office . Mr. Scott stated that he had previously asked the question if Mr. Hammond actually lives in the Town of Ulysses . Ms . Marino stated that she did ask Mr. Hammond that and he sent her a message that she forwarded to the Board . This message from Mr. Hammond states that his legal mailing address is 3159 VanDorn Corners Road just has it always has been and that he receives all of his mail there and his shop is a 1942 Trumansburg Road. Mr. Hammond verbally stated to Ms . Marino that he intends to continue as a resident of the Town. Ms . Marino reported on what information she received from the Association of Towns on domical . Attorney Wils'Io n also provided information in writing on domical, residence and intent. Mr. Austic stated that it is hard for him because he does not think he lives in the Town and it is not because he feels he is not qualified but the appearance of him not being a resident of the Town and what legal issues could arise . The Board discussed legal address versus domical . Ms . Marino read her notes from her discussion with the lawyer from the Association of Towns . Attorney Wilson explained domical vs . residence and explained how complex it is and it is not just one thing that determines it . After a long discussion Mr. Ellis withdrew his motion to reappoint Mr. Hammond to the Planning Board. Mr. Ellis volunteered to call Mr. Hammond and ask him the same question that dill the candidates were asked at the time of interview as to where they reside and if he could attend the meeting tomorrow evening. ORGANIZATIONAL AGENDA I Regular Town Board Meeting 7 01 / 11 /2005 Mr. Weatherby moved, seconded by Mr. Scott the following : BE IT RESOLVED, the Regular Monthly Board meetings of the Ulysses Town Board will be held on the second Tuesday of each month at 710 PM in the Ulysses Town Hall at 10 Elm Street, Trumansburg, NY . Board review of monthly claims will begin at 7 : 00 PM prior to each scheduled Regular Board Meeting. BE IT FURTHER RESOLVED the designated news media is advised of the foregoing schedule and those meeting notices are posted, in accordance with the open meeting law, on the clerk ' s bulletin board. BE IT RESOLVED mileage at a rate of 40 . 5 cents per mile shall be paid to Town Officials and employees conducting official business and driving their personal vehicles and that such mileage shall be reported on the appropriate forms provided. BE IT RESOLVED the Highway Superintendent is authorized to incur expenses not to exceed $ 3000 . 00 for repairs and maintenance of highway equipment without prior Board approval . BE IT RESOLVED the Building and Maintenance Chairman be authorized to incur expenses not to exceed $ 1500 . 00 for emergency repairs and maintenance following established procurement policy procedures . BE IT RESOLVED the following bond undertakings for Town Officials is hereby approved as follows : A. Town Clerk/Tax Collector $250 ,000 B . Justices (2) $4,000 each C . Court Clerical $4 ,000 D . Code Enforcement Officier $ 1 ,000 E . Highway Superintendent $ 1 , 000 F . Town Supervisor $ 500 ,000 G . Deputy Supervisor $ 15 ,000 H . Deputy Town Clerk $ 15 , 000 BE IT RESOLVED in lieu of the report required by Town Law Section. 29( 10) , the Supervisor be and hereby is authorized to submit to the Town Clerk a copy of his annual report to the State Comptroller and that the Town Clerk shall cause a summary thereof to be published in accordance with the law . BE IT RESOLVED the Ithaca Journal shall be and are hereby designated as the official Town publications . BE IT RESOLVED the Tompkins County Trust Company is designated as depository in which the Supervisor, Town Clerk, Justices, and other employees by virtue of their offices, shall deposit all monies coming into their hands and, FURTHER RESOLVED the Town investments can be made at other banks as outlined in the Towns investment policy. BE IT RESOLVED the Town Board authorizes the Supervisor to pay in advance of audit of claims for utilities , postage and contractual agreements which if delayed may result in loss of discounts or the accrual of service charges . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. • Regular Towri Board Meeting 8 01 / 11 /2005 Supervisor Appointments Mr. Austic stated that these are his appointments and do not need Board approval . The Board wanted to further review the appointments . The Supervisor appointments were tabled until the February meeting. Town Board Appointments The following were appointed — Mr. Ellis moved seconded by Mr. Weatherby : Code Enforcement Officer Alex Rachun Deputy Zoning Officer Mark Hassan Bookkeeper I Doug Austic It was discussed that the appointment for Attorney and the Cleaning should not even be on this list. The cleaning contract was negotiated at the time of the budget discussions . The other appointments will be tabled until the February meeting . Mr. Austic . aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted . WAGES AND SALARIES FOR 2005 Mr. Ellis moved, seconded by Mr. Weatherby to approve the following salaries for 2005 . ELECTED OFFICIALS : Town Supervisor $ 10609/yr. Town Council (4) $3 ,3515 . 50/ yr Ea. Town Clerk/Collector $40262/ yr Highway Superintendent $47522/ yr Town Justice (2) $ 13104/yr Ea. APPOINTED OFFICIALS AND EMPLOYEES Deputy Town Clerk $ 13 . 24/hr Deputy Supervisor $ 15 . 45/hr Bookkeeper $ 16, 845/yr Building Inspector $ 15 , 873/yr Zoning Officer $ 15065/yr Deputy Zoning Officer $ 12 . 36/hr Justice Clerical $26 , 738/yr Planning/Zoning Clerk $ 13 . 24/ hr Deputy Highway Superintendent $ 17 . 39/ hr Highway Employees $ 16 . 89/ hr Mr. Austic , aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. Regular Town Board Meeting 9 01 / 11 /2005 Mr. Ellis moved, seconded by Mr. Weatherby the following resolutions : BE IT RESOLVED all employees shall turn in a time card by the end of the last day of the pay period, salaried employees shall do the same stating time used for vacation, sick time, holiday or other time off to maintain accurate records of benefit time used. No pay will be issued without the presence of a time card. BE IT RESOLVED any individual wishing to be on the agenda, advise the Supervisor of that intent at least one week prior to the scheduled meeting. BE IT RESOLVED any individual having any special needs and wishing to attend a meeting please advice the Town Clerk of the special requirements at least one week prior to the meeting. (ADA) Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted. Mr. Ellis moved, seconded by Mr. Weatherby the following : BE IT RESOLVED that the Town Board of the Town of Ulysses will do the Annual Audit of the books for each department on February 15 , 2005 (by law on or before 1 /20) Resolution of Authorization : Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. Mr. Weatherby moved, seconded by Mr. Ellis and Mr. Scott the following : WHEREAS , Highway Law # 142 -d allows co -operative agreements for highway services and sharing of labor, equipment and supplies ; and WHEREAS , General Municipal Law Article 5 -G allows and encourages municipal co- operations, by joint or contract basis, performance of powers and duties among themselves ; and WHEREAS , it is deemed beneficial to the Town of Ulysses to allow for shared highway agreements of equipment and services with other nearby municipal highway departments ; NOW THEREFORE BE IT RESOLVED THAT the Ulysses Town Board authorizes the Town Supervisor pursuant to Highway Law #283 to enter into agreements for shared services and equipment with other municipalities and authorize, within existing budget constraints, the Town ' s Highway Superintendent pursuant to Highway Law #284 to take such action to implement said agreements consistent with Town highway needs and availability, and maintain sufficient liability coverage to protect the town in such joint efforts . Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Regular Town Board Meeting 10 01 / 11 /2005 Adopted. i PUBLIC COMMENTS No comments from the public were heard . CORRESPONDENCE Previously distributed were the resolutions to be presented at the Annual Association of Towns meeting in February. No delegate was appointed for the Association of Towns Conference because at this time no one from Ulysses had indicated that they would be attending the conference . ADDITIONAL ITEMS Mr. Austic is in receipt of a proposal from Barton & Loguidice to engineer Water District #5 , which he distributed, copies to the Town Board. This can be discussed at a later date . Ms . Marino asked if any comments were received from the public that attended the last Zoning Review meeting. Ms . Georgia stated that she has not received any comments from anyone . ADJOURNMENT Hearing no further business Mr. Weatherby moved, seconded by Mr. Ellis to adjourn the meeting. Unanimously approved. Meeting adjourned of 9 : 50 PM . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg