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HomeMy WebLinkAbout2007-12-11 - TB Town of Ulysses Regular Town Board Meeting December 11 , 2007 Present : Supervisor Douglas Austic ; Town Council Roxanne Marino, Don Ellis, Rod Ferrentino and Lucia Tyler; Town Clerk Marsha L. Georgia; Deputy Supervisor Richard Coogan ; Town Highway Superintendent James Meeker absent; and Town Attorney Mariette Geldenhuys Others Present : Sheriff Peter Meskill, Tom Schlee, Dave Kerness, Tompkins County Representative Jim Dennis , Liz Thomas, Geoffrey Hart, Martha Ullberg, Stacey Silliman, Free Press reporter, Sue Poelvoorde, Chairman CPC , and David Filiberto . 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. Supervisor Austic asked everyone to talk a moment of silence for the loss of our Town Justice Christine Springer and noted that she would be missed dearly by all . APPROVAL OF MINUTES Ms . Tyler moved seconded by Mr. Ferrentino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the • minutes of the Regular Town Board meeting of November 13 , 2007 . • Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms. Marino aye Adopted . APPROVAL OF CLAIMS Mr. Ferrentino moved seconded by Mr. Ellis the following: BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined vouchers # ' s 467 through 520 in the amount of $ 112 ,315 . 83 . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. REPORTS OF REPRESENTATIVES Tompkins County Representative Jim Dennis expressed his sympathy for the loss of Ms. Springer. Mr. Dennis reported that the County Budget passed with a 1 . 7% increase which will represent under 3 % tax levy. Mr. Dennis said that the second round of the Celebration Grant money is available if the Town is interested. Mr. Austic asked about the search for a building for the Health Department . Regular Town Board Meeting 2 12/ 11 /2007 Mr. Dennis said that the County is looking into a building on Brown Road . There are some problems but they are being looked into and he feels confident that they can be worked out. Planning Board Chairman Ken Zeserson reported that the Planning Board is working on the application for a PUD for the Mini Golf Course and reviewed the application with the Board . The problems that are coming up are that the applicant wants to have approval for some uses that are not going to be done for several years and has no plans for them at this time . Mr. Zeserson said that the Planning Board has worked out a schedule and the applicant will be back in on December 18 , 2007 and provide some added information the Board has requested. , 1 Ms . Marino moved seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize the Planning Board Chairman to work directly with the Town Attorney Mariette Gelderihuys for this project. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Comprehensive Plan Chair Sue Poelvoorde reported that she has been working on applying for a grant from NYS Department of Ag and Markets with the maximum amount of $25 ,000 to help communities prepare the Farmland Protection Plan . It is a matching grant and the Town ' s share will come from the part being paid to the consultant. Ms . Poelvoorde will send a final application to Board. Mr. Austic moved seconded by Mr. Ellis the following resolution : Whereas : The Town of Ulysses is currently working to update its Comprehensive Plan, and Whereas : Agricultural enterprises continue to be a major contributor to the Town's economic structure, and Whereas : Due to the importance of agriculture to the Town in many different ways, agriculture and its needs and structure are important to include in the updated Comprehensive Plan, and Whereas : The NYS Department of Agriculture and Markets has made available, through the grant process, monies to be used by municipalities for use to plan and incorporate agriculture in the planning process of the municipality, now therefore Be it Resolved That : The Town Board of the Town of Ulysses endorses the Comprehensive Plan Committee's efforts to obtain such grant funding to be used for studies of agricultural structure and needs in the Town and include such research in the updated Ulysses Comprehensive Plan. . I Be it Further Resolved that the Ulysses Town Board agrees to provide matching funds necessary to apply for the grant . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms. Marino aye Regular Town Board Meeting 3 12/ 11 /2007 Adopted. Tompkins County Sheriff Peter Meskill asked if there are any problems or concerns or areas where there may be additional help in Ulysses that he could address . Mr. Austic said that he has not heard any complaints lately about traffic so the Sheriff' s Department must be doing a good job . Mr. Ellis has a concern about the pursuit on the highway by an officer. Sheriff Meskill explained the policy of the Sheriff Department in regards to pursuit . PUBLIC PRIVELEDGE OF THE FLOOR Mr. Meskill expressed his concern about the purposed resolution that he read about in the local newspaper about the possibility of some type of appointed manager or what ever for the Town at a pretty high salary. Mr . Meskill said that his preference would be that the Town does not go down that type of road. TOWN REPORTS Highway Superintendent James Meeker was absent tonight (report previously submitted) . Code Enforcement Officer Alex Rachun was also absent tonight - no report. Town Clerk Marsha L. Georgia reported that $2952 was collected for the month of November and of that $ 508 . 13 was turned over to the Supervisor with her monthly report. A total of $250 was collected for water permits . Mrs . Georgia also reported that water bills have gone out. Board Members and Committees Ms. Marino reported that the Ulysses Youth Commission had their end of the year meeting and discussed different projects that may be valuable to be looked into . One of the topics is about pursuing a Community Center. There was a suggestion that the Youth Commission try to run a series of Community outdoor movies in the summer. Ms . Marino feels that they will develop a plan over the next couple of months and may ask the Town Board for additional money. Ms. Tyler reported that she attended the TCAT Advisory Board meeting and the head of TCAT has put out a request for more drivers . Supervisor Austic stated that there are some budget adjustments that need to happen before the vouchers are processed . Mr. Austic moved, seconded by Mr . Ellis the following budget modifications : Increase A1010 .4 $219 . 20 Increase A1110.4 210. 74 Increase A7310 . 1 18 . 53 Decrease A1990 .4 448 .47 Increase B8021 . 1 183 . 39 Increase B9060. 8 430 . 44 Decrease B8021 .4 183 . 39 Decrease B1990 . 4 430 .44 Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Regular Town Board Meeting 4 12/ 11 /2007 Ms . Marino aye Adopted. Deputy Supervisor Richard Coogan reported he has been working on the CPC, the Ag and Markets grant, and the Corridor Study. Mr. Bergman may be doing the Corridor Study and working with him to get the cost. Mr. Coogan explained the Corridor Study to the Board . OLD BUSINEESS I Water Study Mr. Austic advised the Board that he had received a price from Bergman for a Water Study for an amount over $ 10 . 000 . Mr. Austic said that Barton & Loguidice gave an o estimate for around $2500 . Mr. Austic said that also the Board had talked about getting a hold of Sharon Anderson to talk about the experience she has had in doing water studies and she can be available this week. Ms. Marino sAid that at the meeting of November 28th the idea was raised to potentially form a committee and define a goal and make an outline of how to achieve this . Ms . Marino moved seconded by Ms . Tyler the following: BE IT RESOLVED that the Town Board of the Town of Ulysses form a special committee comprised of one Town Board member, one or two Comprehensive Plan members, one Planning Board member and two or three community members with special skills in water. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted . This committee should be formed as soon as possible after the first of the year. Ms . Marino offers the names of two residents who are interested and they are Bill Coon and Bill Kapp lel . NEW BUSINESS CPC Communication Resolution Mr. Ellis moved seconded by Ms . Marino the following resolution : Whereas the Town Board established the Comprehensive Plan Committee (CPC) in Julie 2006 to review and recommend amendments to the 1999 Town of Ulysses Comprehensive Plan, according to a structure approved in April 2006 and the Town recommendation of the Comprehensive Plan Committee contracted with Bergmann Associates to assist with this review, Be it resolved that the Chair of the Comprehensive Plan Core Committee will supervise the work of the consultant (Bergmann Associates), in coordination with the CPC . The CPC chair or designee will report monthly to the Town Board Regular Town Board Meeting 5 12/ 11 /2007 during the project, and take input from the Town Board back to the committee and consultant for consideration, Be it further resolved that recommendations or requests for changes to the project work plan and scope of services as described in the contract with Bergmann Associates (approved by the Town Board on October 9, 2007) from the Town Board, Planning Board, or any other Town staff, elected, or appointed officials will go through the Comprehensive Plan Committee Chair. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. APPROVAL OF SPCA CONTRACT Mr. Austic reviewed the agreement with the SPCA that he had received doing a contract for three months at a rate and a half. Mr. Austic said that there has been a donation to the SPCA covering some of the cost increase . The Council of Governments is still looking for a substitute or prices on. Mr. Ellis moved seconded by Ms . Marino to table this until January 8th Regular Town Board meeting. Mr. Austic aye Mr. Ferrentino aye Ms. Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Resolution to Institute an External Personnel Committee Mr. Ellis moved the following resolution seconded by Mr. Austic . Resolution to Institute an External Personnel Committee to recommend revisions to the staffing of the Town of Ulysses offices . Presented to the Town Board on December 11 , 2007 for inclusion in the January, 8 2008 Agenda, 1 ) Whereas the Town Board has found it difficult to meet its obligations as executive within the current personnel structure, 2) And these difficulties have been magnified by the failure of the current structure to support certain actions contributing to the unnecessary demise of the proposed WD#5 3 ) And these difficulties have been evident in the inordinate board time spent and the lengthy duration of the zoning ordinance revision process, finally completed in 2005 , but needing immediate revision, 4) And these difficulties are exacerbated by the absence of an administrator who might setup and manage normal useful procedures common in most organizations today, such as a procedure for ensuring the Board Members that the provisions of resolutions are executed, 5 ) Be it now resolved that the Town of Ulysses will consider the establishment of a long- term committee to examine how it might be possible to work within the current budget to reorganize Town staffing to support the Town Board as the executive function of the Town, such committee to be formed of persons experienced in public office or • Regular Townl Board Meeting 6 12/ 11 /2007 governmental affairs, and to be seated through 2008 with the general mandate to produce a plan of action to be implemented in conjunction with the 2009 budget process, 6) Be it further resolved that he plan include a series of personnel actions to be completed prior toll the middle of 2009, well in advance of the 2009 Town elections so that interested parties might have a clear understanding of the Job Descriptions for the various elected seats . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted . Judge Appointment Ms . Geldenhuys has provided an opinion for the Board as follows : QUESTION PRESENTED What options 'does the Town Board have when one of the Town Justice positions is vacant? STATUTORY PROVISIONS . ADMINISTRATIVE OPINIONS AND CASE LAW An election for Town Justice must be held at the next general election (November 2008) . The Town Justice elected will take office on January 1 , 2009 and hold office for four years, until December 31 , 2012 . Munnelly v. Newkirk 262 A.D . 2d 781 (3 `d Dep 't, 1999) . This case clarified that the newly-elected Justice serves a full four-year term, and does not merely serve out t remainder of the former Justice's term (which would have expired in December 2009) . The Town Board has the following options for the period until January 1 , 2009 : A. Appoint a substitute Town Justice who will serve until December 31 , 2008 . Pursuant to Town Law § 64(5 ), the Town Board may appoint a " qualified person" to fill a vacancy in an elected public office until January 1 of the year following the next annual election. The person appointed by the Town does not have to be a resident of the Town. Towns often appoint a sitting justice from another jurisdiction. B . Leave the position vacant. The remaining Town Justice will then need to cover the full case load of the Town Court until another Town Justice is elected. Regarding compensation, the remaining justice may not be paid both salaries where there is a vacancy in the office of Town Justice. 1956 Opinion of the State Comptroller No . 17 However, the. Town Board has the power to fix the salaries of its Town Justices (Taney v. Town Waterloo, 245 A.D . 2d 1079, 667 N. Y. S .2d 553 (4th Dep't, 1997) . A Town Justice remaining in office after the resignation of another Justice may receive a salary increase from legally available funds . 1978 Opinion of t, State Comptroller No . 1046 . A Town may increase the salary of a Town Justice by resolution where the Town Justice is not a member of th'e Town Board. (1980 Opinion of the State Comptroller No. 496) . it CONCLUSI ON The Town Board can either appoint a substitute Town Justice or leave the position vacant until January 2009 . In the latter scenario , the Town Board will need to decide whether to increase the salary of the remaining Town Justice during this period. Mr. Austic said that Judge Rector is interested in filling out the term and the Town of Enfield Judges are willing to help out if needed. Regular Town Board Meeting 7 12/ 11 /2007 Mr. Austic said that Tom Schlee has presented the Town Board with a letter of interest for the position. The Board ' s general consensus is to put the word out for interested qualified people for the position and set a time line. Mr. Ferrentino has a concern that the Board should not appoint someone for an elected position. Planning Board Appointment Mr. Coogan was directed to contact the interested residents for the planning board and set up times for interviews . Holiday Gift Certificates Mr. Austic moved seconded by Mr. Ferrentino the following : Whereas : The Town of Ulysses has a long standing tradition of giving gift certificates from local merchants to its employees and volunteer boards during the holiday season, and Whereas the Town has 42 such employees and volunteers in 2007, and since the 2006 approved certificates were in the amount of $ 50 .00 each, Now Therefore Be it Resolved : That the Town Board of The Town of Ulysses approves the purchase and distribution of gift certificates in the $ 50. 00 each for a total of $2100. 00 . Mr. Austic aye Mr. Ferrentino aye Ms. Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Christine Springer Memorial Contribution Mr. Austic introduced and moved seconded by Ms . Marino the following : Whereas : The Town of Ulysses has a policy of contributing $20 for each year of service to its retiring employees to help encourage longevity in the workplace, and Whereas : Christine Springer was employed by the Town since 1991 . as a Court Clerk and later as a Town Justice for a total of 16 years, and Whereas : Christine's family has founded a memorial scholarship fund in her name, Now Therefore Be it Resolved : The Town Board of The Town of Ulysses approves the contribution of $ 320 . 00 to the Memorial Scholarship fund established in the memory of Christine Springer. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Regular Town Board Meeting 8 12/ 11 /2007 Adopted. Mr. Austic said he would like to make a statement. He said that he knows that over the years there has been a lot of difference of opinions but the Town of Ulysses really appreciative the time and effort that Mr. Ellis and Ms . Marino have spent on the Town Board. Mr. Austic said that Ms . Georgia got a couple of Christmas centerpieces for Ms . Marino and Mr. Ellis . Mr. Coogan presented these to the two Board members . Mr. Ferrentino said that he knows what it is like to be an elected official and Ms . Marino and Mr. Ellis weathered the storm and thanks for stepping up to the plate and working for your community. Ms . Marino said that it has been a real learning experience and it is true there has been a lot of differences of opinions but still has enjoyed the work immensely and has been an honor to serve the Town and look forward to serving on volunteer boards in the future. Mr. Ellis said that it is good to set an example and every one should serve sometime. Ms . Tyler said that she has respect for Mr. Ellis and Ms . Marino and all the hours and hours they put in for preparation for this job . Hearing no further business Mr. Ellis moved seconded by Ms . Marino for adjournment. Unanimously approved. Meeting adjourned. Respectfully submitted, i Marsha L. Georgia Ulysses Town Clerk MLG : mlg • ; I