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
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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.
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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
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